Title 19 Part 432 NYCRR — browse free

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19 NYCRR 432.1 - Introduction

~~Compiled source label: current through Jun 30, 2022~~

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(a)Article 7A of the Real Property Law (sections 239

et seq.

) concerns the use and sale of portable kerosene heaters in New York State. Section 239-b prohibits the use of a portable kerosene heater in private dwellings and business, commercial, and industrial buildings unless the heater meets the requirements of section 239-a(7). Section 239-c prohibits the sale of portable kerosene heaters for use in such structures unless the heater has been approved by the Secretary of State. All unapproved portable kerosene heaters offered for sale must, pursuant to section 239-d, carry an identifying label. Section 239-e provides that no portable kerosene heater, whether or not approved, may be used in multiple dwellings, defined in section 239-a(2) to mean dwellings rented, leased, let, or hired out to be occupied as the residence of three or more independent families and including dwelling portions of hospitals, nursing homes and other institutions.

(b)In determining whether to approve a portable kerosene heater for sale, the Secretary must consider whether the heater meets the standards set out in Real Property Law section 239-a(7). These require that a heater be listed and meet a series of technical standards and labeling requirements. Section 239-a(5) requires that, to be listed, a portable kerosene heater must have been tested by an independent, nationally recognized testing or inspection agency acceptable to the Secretary and have been determined by the agency to meet a generally accepted standard for such heaters. Having been listed, a portable kerosene heater will have met certain of the technical requirements of section 239-a(7). Designation of a testing or inspection agency as acceptable to the Secretary is the subject of Part 431 of this Chapter.

(c)Section 239-c further provides that the Secretary of State may promulgate additional standards required to effectuate the purposes of article 7A and may by rule set forth the procedures by which portable kerosene heaters will be reviewed for approval. Such standards and procedures are the subject of this Part.

19 NYCRR 432.2 - Procedure for approval

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(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.

19 NYCRR 432.3 - Instructions to distributors and retailers

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(a)Every manufacturer or private labeler shall annually at the commencement of the heating season provide written instructions to its distributors and, either directly or through the distributors, to ultimate retailers of its portable kerosene heaters in New York State, instructing that there be prominently and conspicuously displayed at the point of sale a sign advising prospective purchasers;

(1)that sale or use of portable kerosene heaters may be locally restricted and of the need to check applicable local laws and ordinances; and

(2)that State law prohibits the use of any portable kerosene heater in multiple dwellings of three or more families.

(b)Ultimate retailers of portable kerosene heaters shall prominently and conspicuously and in accordance with instructions received pursuant to subdivision (a) of this section display a sign advising prospective purchasers:

(1)that sale or use of portable kerosene heaters may be locally restricted, and of the need to check applicable local laws and ordinances; and

(2)that State law prohibits the use of any portable kerosene heater in multiple dwellings of three or more families.

19 NYCRR 432.4 - Unapproved portable kerosene heaters

~~Compiled source label: current through Jun 30, 2022~~

Register checked through July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08) - no later Register activity found for this section

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All portable kerosene heaters other than those approved pursuant to section 432.2 of this Part shall conspicuously and permanently display the statement, “This heater is not approved for residential or commercial use,” as required by section 239-d of the Real Property Law.

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