Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Before a portable kerosene heater may be approved by the Secretary of State for
sale for use in structures as defined by section
239-a(1) of the Real
Property Law, it shall:
(1) be listed, i.e.,
have been tested by an independent, nationally recognized testing or inspection
agency acceptable to the Secretary and have been determined to meet a generally
accepted standard for such heaters; and
(2)
(i)
have a fuel capacity of not more than two gallons;
(ii) emit no more than 0.04 percent carbon
monoxide in an air-free sample of flue gases at maximum heat output and no more
than 0.08 percent at low-fire setting;
(iii) have a minimum tipping angle of no more
than 33 degrees from the vertical with a full fuel reservoir;
(iv) have an automatic shutoff safety device
or inherent design feature which extinguishes the heating flame upon tipover in
not more than 10 seconds;
(v)
include as standard equipment a pump or siphon for refueling;
(vi) be packaged with instruction advising
the purchaser or proper maintenance and operation; and
(vii) bear labeling, in conspicuous letters,
cautioning and informing the purchaser as to:
(a) the need for adequate source of
ventilation when the heater is in operation;
(b) the use of only suitable fuel for the
heater;
(c) the proper manner of
refueling;
(d) the proper placement
and handling of the heater when in operation; and
(e) the proper procedures for lighting, flame
regulation and extinguishing the heater.
(b) A manufacturer or private
labeler shall make application to the Secretary of State for approval of a
portable kerosene heater. Such application shall be in a form acceptable to the
Secretary and shall contain:
(1) the
manufacturer's or private labeler's name and address, and the name and title of
the person making application;
(2)
the heater model name and number and other identifying information and, if the
applicant is not the manufacturer, the name and address of the
maufacturer;
(3) evidence from an
acceptable testing or inspection agency that the heater is listed with such
agency, which evidence may take the form of the heater's inclusion on a
published list of the agency, authorization to use the agency's listing mark,
or the like;
(4) printed copies of
the instructions regarding maintenance and operation of the heater;
(5) a copy, replica or facsimile of each of
the required labels;
(6) a
certification that the heater includes as standard equipment a pump or siphon
for refueling;
(7) data which
indicate that the heater flame extinguishes upon tipover in not more than 10
seconds, except in the case of a heater which has been listed by an acceptable
testing or inspection agency which requires as a condition of such listing that
the heater flame extinguish upon tipover in not more than 10 seconds;
and
(8) a copy of the written
instructions to distributors and retailers required by section
432.3
of this Part.
(c) When
the Secretary, in the exercise of his discretion, determines that an
application for approval is complete and that the information contained therein
attests that the subject heater conforms in all respects to the requirements of
the Real Property Law and this Part, the Secretary shall approve said
heater.
