New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter IV - Fuel Allocation And Energy Emergency Procedures
Subchapter A - Heating Fuel Emergency Procedures
Part 7870 - Notice Of Refusal, Suspension Or Termination Of Heating Fuel Deliveries
Section 7870.1 - Definitions

(a) Automatic delivery account shall mean a contract under which a distributor delivers heating fuel to a residential building whenever the distributor determines that a delivery is needed, without obtaining a separate request or authorization from the customer for each delivery.

(b) Customer shall mean any person, firm, partnership or corporation responsible or offering to become responsible, for the purchase of heating fuel for one or more residential buildings located within New York State; and, with regard to a multiple dwelling, shall mean the owner or managing agent of such dwelling.

(c) Cutoff shall mean a refusal to make a requested delivery, as defined in subdivision (j) of this section, or a suspension or termination of regularly scheduled deliveries, as defined in subdivision (n) of this section.

(d) Designated person shall mean a relative or other person, or a social services agency, designated by a customer to receive notice of any cutoff affecting the customer.

(e) Distributor shall mean any person, firm, partnership or corporation delivering heating fuel to customers for consumption in residential buildings located within New York State.

(f) Emergency shall mean a situation in which an occupied residential building is currently without heating fuel or is anticipated to be without heating fuel within 48 hours.

(g) Emergency agency shall mean the municipal or county agency or private organization for a municipality or county listed in Appendix BB-7 of this Title.

(h) Heating fuel shall mean No. 2 distillate fuel oil, No. 4 blended fuel oil, No. 6 residual fuel oil, kerosene, liquid propane gas, or any other fuel, other than natural gas or electricity, used for heating residential buildings.

(i) Multiple dwelling shall mean any residential building or structure, or portion thereof, which is either rented, leased, let or hired out to be occupied, or is occupied, as the temporary or permanent residence or home of three or more families living independently of each other.

(j) Refusal to make a requested delivery shall mean an outright denial of a request, by any will-call, cash on delivery or other customer, to deliver heating fuel to any residential building; but shall not mean any situation, other than an emergency, in which a distributor indicates that heating fuel will be delivered on a later date than that requested by a customer.

(k) Residential building shall mean a building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.

(l) Severe or hazardous health situation shall mean a situation in which a customer is unable to protect himself or herself, and all other inhabitants of the residential building for which the customer is purchasing fuel, from danger to health or safety caused by a cutoff, by obtaining heating fuel from another source or by securing adequate alternative shelter.

(m) Social services district office shall mean the district office for a municipality or county listed in Appendix BB-6 of this Title.

(n) Suspension or termination of regularly scheduled deliveries shall mean any suspension or termination of deliveries of heating fuel made on an automatic delivery account to a residential building; but shall not mean any situation, other than an emergency, in which a distributor notifies a customer by telephone that the customer's account will be converted from an automatic delivery account to a delivery on request or cash on delivery account.

(o) Will-call account shall mean an account for which the distributor delivers heating fuel to a residential building upon obtaining a separate request from the customer for each delivery, and not whenever the distributor determines that a delivery is needed.