9 NYCRR Part 7870 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source versions current through May 15, 2022 - Oct 31, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7870.1 - Definitions

Source version current through Oct 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 31, 2022

As used in this Part:

(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.

9 NYCRR 7870.2 - Distributor records

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)On or before November first, yearly, and for new customers at the time an account is established, all distributors shall contact their customers in any convenient manner and ask whether the customer wishes to designate a relative or other person, or a social services agency, to receive notification of a cutoff, in addition to any notification provided to the customer.

(b)Every distributor shall maintain records of the information provided by customers under this requirement.

9 NYCRR 7870.3 - Notice

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

During the period beginning on November 1st of each year and ending on April 15th of the following year, every distributor shall comply with the notification requirements of sections 7870.4 through 7870.8 of this Part, in connection with any cutoff.

9 NYCRR 7870.4 - Written notice to customer

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

(a)No distributor shall impose a suspension or termination of regularly scheduled deliveries, as defined in section 7870.1(n) of this Part, unless such distributor provides the customer with written notice containing the information required by subdivision (b) of this section not less than three calendar days prior to the date of suspension or termination is to take effect.

(b)The written notice shall:

(1)notify the customer of the cutoff and the reason for it; and

(2)inform the customer that assistance may be available from a social services district office, and provide the name, address and telephone number of the designated social services district office listed in Appendix BB-6 of this Title for the municipality or county in which the residential building involved is located.

9 NYCRR 7870.5 - Telephone notice to customer

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

(a)In connection with any refusal to make a requested delivery, as defined in section 7870.1 (j) of this Part, the distributor involved shall notify the customer of such refusal when the customer contacts the distributor to request delivery.

(b)In connection with any suspension or termination of regularly scheduled deliveries, as defined in section 7870.1(n) of this Part, the distributor shall make at least three attempts to notify the customer of such suspension or termination by telephone at the time the decision to suspend or terminate deliveries is reached, which shall not be less than three calendar days prior to the date the suspension or termination is to take effect. If these attempts are unsuccessful, the distributor shall notify a designated person, if any, and the appropriate social services district office as required by sections 7870.6 and 7870.7 of this Part.

(c)In connection with telephone notifications required by subdivision (a) or (b) of this section, the distributor shall:

(1)notify the customer of the cutoff and the reason for it;

(2)ask whether the residential building affected is out of fuel, and if it is not, ask when the customer expects to need additional supplies of heating fuel;

(3)inform the customer that the distributor is required to inform any person designated by the customer, and a social services district office, if the customer is unable to obtain fuel from another source or is unable to secure adequate alternative shelter, or if the affected building is a multiple dwelling;

(4)ask whether the 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;

(5)ask whether the building for which the customer buys fuel is a one- or two-family house, or a multiple dwelling;

(6)inform the customer that assistance may be available from a local social services district office, and provide the name, address and telephone number of the designated social services district office listed in Appendix BB-6 of this Title and the designated emergency agency listed in Appendix BB-7 for the municipality or county in which the residential building affected is located; and

(7)ask whether the customer wishes to designate a relative or other person to be notified of the cutoff.

9 NYCRR 7870.6 - Notice to designated person

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

(a)Every distributor shall notify a designated person of a cutoff if the customer has requested that such notice be given.

(b)Every distributor shall attempt to call the designated person by telephone on the same date the distributor attempts to provide telephone notice to the customer. If the first attempt is unsuccessful, the distributor shall make at least one additional attempt.

(c)If the designated person is contacted, the distributor shall inform the designated person of the name and address of the customer involved, and provide the designated person with the same telephone notification the customer would receive.

9 NYCRR 7870.7 - Notice to social services district office

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

(a)Every distributor shall notify the designated social services district office listed in Appendix BB-6 of this Title, for the municipality or county in which the residential building is located, of a cutoff in the following circumstances:

(1)if the distributor's records, or contact with the customer or designated person, show that a refusal, suspension or termination of deliveries involves a severe or hazardous health situation, as defined in section 7870.1(l) of this Part;

(2)if the distributor's attempts to notify the customer by telephone have been unsuccessful; or

(3)if the residential building affected is a multiple dwelling, as defined in section 7870.1(i) of this Part.

(b)Under the circumstances specified in subdivision (a) of this section, every distributor shall notify the social services district office by the following methods and at the following times.

(1)if an emergency as defined in section 7870.1(f) of this Part, is involved, the distributor shall attempt to notify the district office by telephone immediately. If two attempts are unsuccessful, the distributor shall contact the appropriate emergency agency as required by section 7870.8 of this Part.

(2)In all other cases, the distributor shall notify the district office by telephone or daily messenger on the same day the distributor attempts to provide telephone notice to the customer.

(c)When the district office is contacted, the distributor shall:

(1)notify the district office of the name and telephone number of the customer and of any designated person involved, the address of the building affected, whether the building affected is a one- or two-family house or a multiple dwelling, the reason for the refusal, suspension or termination, and the type of fuel involved;

(2)notify the district office whether contact with the customer or designated person to provide notification shows that a severe or hazardous health situation as defined in section 7870.1(l) of this Part is involved; and

(3)notify the district office of the date on which the customer is expected to require an additional supply of heating fuel, or, if an emergency is involved, of the fact that the building affected is currently without fuel or is anticipated to be without fuel within 48 hours.

9 NYCRR 7870.8 - Notice to emergency agency

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

(a)Every distributor shall immediately notify by telephone the designated emergency agency listed in Appendix BB-7 of this Title for the municipality or county in which the residential building affected is located, if notification to a social services district office is required under section 7870.7 (a) of this Part, and two attempts to contact the social services district office are unsuccessful. If initial attempts are unsuccessful, every distributor shall continue to call until the emergency agency is contacted.

(b)When the emergency agency is contacted, the distributor shall provide the emergency agency with the same notification the social services district office would receive.

9 NYCRR 7870.9 - Role of social services district offices and emergency agencies

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Social services district offices shall investigate the circumstances of those customers with respect to which they have received a notice of cutoff of heating fuel deliveries, as directed by the New York State Department of Social Services. Based on such investigation, social services district offices shall take whatever actions are appropriate and necessary, as directed by the New York State Department of Social Services, to provide any financial assistance for which customers may be eligible, and to provide or arrange for the provision of such other forms of assistance or social services as may be available from the district or from other government agencies.

(b)Emergency agencies shall:

(1)pursuant to their powers and duties under law, take any reasonable action as if immediately necessary on a temporary basis to prevent loss of life or serious danger to public health; and

(2)notify the appropriate social services district offices by telephone on the next business day after a notification is received, and provide the information the emergency agency received and a brief description of any temporary action taken to prevent loss of life or serious danger to public health.

9 NYCRR Appendix BB-6 - LIST OF MUNICIPAL AND COUNTY SOCIAL SERVICES AGENCIES FOR PART

Source version current through May 15, 2022

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022
Related Register notice: PSC-28-21-00013-P · Proposed rule
Related notice published: Jul 14, 2021

LIST OF MUNICIPAL AND COUNTY SOCIAL SERVICES AGENCIES FOR PART

7870—NOTICE OF REFUSAL, SUSPENSION OR TERMINATION OF HEATING

FUEL DELIVERIES

MUNICIPAL DISTRICT OFFICES*

New York City—multifamily dwellings:

Department of Housing Preservation

and Development, Basic operations

Division

125 Church Street, 2nd Floor

New York, NY 10007

212-566-7332

New York City—other:

Department of General Social

Services

250 Church Street

New York, NY 10013

212-533-6393

COUNTY DISTRICT OFFICES*

Albany County

40 Howard Street

Albany, NY 12207

Contact Person—Fuel Unit (Ray Bohen)

518-471-5923

Allegany County

Court House

Belmont, N.Y. 14813

Contact Person—Mary Ann Reitnauer

716-268-7612 Ext. 276

Broome County

36-38 Main Street

Binghamton, NY 13905

Contact Person—Kathy Bernardini

607-772-2832

Cattaraugus County

265 No. Union Street

Olean, NY 14760

Contact Person—Patricia McGrath

716-372-0030

Cayuga County

County Office Building

160 Genesee Street

Auburn, NY 13021

Contact Person—Florence Smith

315-253-1355

Chautauqua County

Hall R. Clothier Health and

Social Services Building

Mayville, NY 14757

Contact Person—Jane McConnell

716-753-4374

Chemung County

203-209 William Street

Elmira, NY 14901

Contact Person—Patricia Reinsynder

607-737-2874

Chenango County

County Office Building

Norwich, NY 13815

Contact Person—Nancy Mirabito

607-355-4568

Clinton County

30 Durkee Street

(Mail—P.O. Box 990)

Plattsburgh, NY 12901

Contact Person—Eileen Bouyea

518-563-4560 Ext. 357

Columbia County

610 State Street

Hudson, NY 12534

Contact Person—June Funk

518-828-9411

Cortland County

133 Homer Avenue

Cortland, NY 13045

Contact Persons—Judy Bush

and Carla Consart

607-753-9681 Ext. 40

Delaware County

126 Main Street

Delhi, NY 13753

Contact Person—Charles Christman

607-746-2325

Dutchess County

County Office Building

14 Academy Street

Poughkeepsie, NY 12601

Contact Person—Katie Kane

914-431-5000 Ext. 237

Erie County

95 Franklin Street, 8th Floor

Buffalo, NY 14202

Contact Person—Mary McMahon

716-846-8642

Essex County

Court House

Elizabethtown, NY 12932

Contact Person—Mrs. Kathy Barnhardt

518-873-6301

716-284-3067

Franklin County

Court House

Malone, NY 12953

Contact Person—Mary Hart

518-483-6767

Fulton County

County Building

Johnstown, NY 12095

Contact Person—Marion Wolrath

518-762-4671 Ext. 48

Genesee County

3837 West Main Road

Batavia, NY 14020

Contact Person—Dep. Comm. Stockton

716-344-2580

Greene County

465 Main Street

Catskill, NY 12414

Contact Person—Carol Sapunarich

518-943-3200

Hamilton County

Court House

Lake Pleasant, NY 12108

Contact Person—Comm. David Curry

518-548-3462

Herkimer County

County Office Building

Herkimer, NY 13350

Contact Person—Mrs. Hilda Smith

315-867-1222

Jefferson County

175 Arsenal Street

Watertown, NY 13601

Contact Person—Polly Scofield

315-785-3141

Lewis County

Stowe Street, P.O. Box 193

Lowville, NY 13367

Contact Person—Joyce Rice

315-376-3536

Livingston County

Livingston County Campus

Building No. 3

Mt. Morris, NY 14510

Contact Person—Ann Williams

716-658-2801 Ext. 20

Madison County

Wampsville, NY 13163

Contact Person—Sue Blanchard

315-366-2211 Ext. 219

Monroe County

111 Westfall Road, Rm. 660

Rochester, NY 14620

Contact Person—Bill Carreo

716-442-4000 Ext. 2613

Montgomery County

County Office Building

Fonda, NY 12068

Contact Person—Darryl Getman

518-853-3491

Nassau County

Administration Building

900 Ellison Avenue

Westbury, NY 11590

Contact Person—

516-535-2064

Niagara County

100 Davison Road (P.O. Box 506)

Lockport, NY 14094

Contact Person-Mike Gallagher

716-284-3067

Oneida County

County Office Building

800 Park Avenue

Utica, NY 13501

Contact Person—Shirley Jones or

Alan Policove

315-798-5021

315-798-5059

Onondaga County

Onondaga County Civic Center

421 Montgomery Street

Syracuse, NY 13202

Contact Person—Rudolph Maida

315-425-2793

Ontario County

120 North Main Street

Canandaigua, NY 14424

Contact Person—Marie Dillenbeck or

Mrs. White

716-394-1440

Orange County

Quarry Road, Box Z

Goshen, NY 10924

Contact Person—Linda Dahn

914-294-9361

Oswego County

County Office Building

Spring Street

Mexico, NY 13114

Contact Person—Donald Clements

315-963-7271

Orleans County

Route 31

Albion, NY 14411

Contact Person—Ellen Clable or

Terry Kelly

716-589-5676

Otsego County

County Office Building

197 Main Street

Cooperstown, NY 13326

Contact Person—Doris Collier

607-547-4292

Putnam County

50 Main Street

Brewster, NY 10509

Contact Person—Mrs. Hustis

914-279-7185

Rensselaer County

133 Bloomingrove Drive

Troy, NY 12180

Contact Person—Mary Ann Martin

518-283-2000

Rockland County

Building L

Sanatorium Road

Pomona, NY 10970

Contact Person—Barbara Greenblatt

914-623-1155 or 354-0200 Ext. 3130

St. Lawrence County

Harold B. Smith County

Office Building

Judson Street

Canton, NY 13617

Contact Person—Mrs. Lucille Schulze

or Mrs. Steven Cameron

315-379-2150

315-379-2174

Saratoga County

Saratoga Municipal Center, Bldg. A

Ballston Spa, NY 12020

Contact Person—Robert Christopher

518-885-5381

Schenectady County

487 Nott Street

Schenectady, NY 12308

Contact Person—Mary Savage

518-382-3468

Schoharie County

Professional Building

Schoharie, NY 12157

Contact Person—Kathy Saddlemire

518-295-8173/34

Schuyler County

County Office Building

Watkins Glen, NY 14891

Contact Person—Patricia Meehan

607-535-4965, 2780 and 2789

Seneca County

R.D. No. 3, Box 179

County Road 118

Waterloo, NY 13165

Contact Person—IM Supervisor

315-568-9854

Steuben County

County Home, Box 631

Bath, NY 14810

Contact Person—IM Supervisor

607-776-7611

Suffolk County

Box 2000

10 Oval Drive

Hauppauge, NY 11787

Contact person—Roberta Weisinger

516-348-4000 Ext. 4375

Sullivan County

Box 231 (Infirmary Road)

Liberty, N.Y. 12754

Contact Person-Revelee Scursatone

914-292-4900 Ext. 28

Tioga County

R.D. No. 3, Box 394, Rt. 38

Owego, NY 13827

Contact Person—Mrs. Forbes

607-687-5000 Ext. 64

Tompkins County

108 East Green Street

Ithaca, NY 14850

Contact Person—Sharon Bailee

607-274-5289

Ulster County

Ulster County Office Building

244 Fair Street

Kingston, NY 12401

Contact Person—Andrea Dougherty

914-331-9300

Warren County

Warren County Municipal Center

Lake George, NY 12845

Contact Person—Nancy Wilcox

518-792-9951

Washington County

6 Church Street

Granville, NY 12832

Contact Person—Penny Morris

518-642-2800 Ext 23

Wayne County

16 Williams Street

Lyons, NY 14489

Contact Person—Mary Ohmann

315-946-9733

Westchester County

150 Grand Street

White Plains, NY 10601

Contact Person—Nancy Shull

914-682-2469

Wyoming County

466 North Main Street

Warsaw, NY 14569

Contact Person—Jeanne Pratt

716-786-3111

Yates County

County Office Building

P.O. Box 257

Penn Yan, NY 14527

Contact Person—Nelia Smith

315-436-4451

____

*Contact persons and phone numbers are current as of the publication of this Appendix and may be revised from time to time,

9 NYCRR Appendix BB-7 - LIST OF MUNICIPAL AND COUNTY EMERGENCY AGENCIES FOR PART

Source version current through May 15, 2022

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022
Related Register notice: PSC-28-21-00013-P · Proposed rule
Related notice published: Jul 14, 2021

LIST OF MUNICIPAL AND COUNTY EMERGENCY AGENCIES FOR PART

7870-NOTICE OF REFUSAL, SUSPENSION OR TERMINATION OF HEATING

FUEL DELIVERIES

MUNICIPAL AGENCIES*

New York City

Single Dwelling HRA (212) 483-1193

Multiple Dwelling HPD (212) 960-4800

COUNTY AGENCIES*

Albany County

Red Cross

(518)462-7461

Allegany County

DSS Answering Service

(716)593-1864

Broome County

Red Cross

(607)722-1240

Cattaraugus County

Office for the Aging

(716)372-0303

Community Action

(716)938-2021 or

945-5114

Cayuga County

DSS

(315)253-1333

Chautauqua County

Sheriff

(716)753-2131

Chemung County

DSS Answering Service

(607)737-2077

Chenango County

Sheriff

(607)334-2000

Clinton County

Community Action

(Ad Hoc Committee)

(518)561-8800

Columbia County

Sheriff

(518)828-3344

Cortland County

Sheriff

(607)753-3311

Delaware County

Sheriff-Delhi

(607)746-2336

Dutchess County

Red Cross

(914)471-0200

Erie County

Sheriff

(716)846-6300

Essex County

Sheriff

(518)873-6321

Franklin County

State Police - Malone

(518)483-5000

Fulton County Sheriff

(518)762-3151

Genesee County

Nursing Home

(716)344-0584

Greene County

Sheriff

(518)943-3300

Hamilton County

Child Protective

(518)548-3113

Herkimer County

DSS Staff:

Hilda Smith (315) 866-7036

Commissioner Bush (315) 866-6875

Principal Examiner (315) 823-4545

Jefferson County

Sheriff

(315)785-3050 Ext. 3175

Lewis County

Sheriff

(315)376-3511

Livingston County

Sheriff

(716)243-1212

Madison County

Sheriff

(315)366-2311

Monroe County

Child Protective

(716)461-5690

Montgomery County Sheriff

(518)853-4312

Nassau County

DSS Emergency Number

(516)542-3143

Niagara County

CPS Answering Service

(716)284-8332

Oneida County

Sheriff

(315)736-0141

Onondaga County

Volunteer Center

(315)474-7011

Ontario County

Sheriff

(716)394-4560

Orange County

Sheriff

(914)294-6166

Orleans County

Sheriff

(716)589-5527

Oswego County

Sheriff

(315)343-5490

Otsego County

Sheriff

(607)547-2500

Putnam County

Sheriff

(914)225-5523

Rensselaer County

DSS Switchboard

(518)283-2000

Rockland County

DSS Energy Unit:

Barbara Greenblatt

(914)623-1115

St. Lawrence County

Sheriff

(315)379-2222

Saratoga County

Sheriff

(518)885-6761

Schenectady County

DSS Answering Service

(518)382-3470

Sheriff (518) 382-3300

City Police (518) 374-7744

Schoharie County

Sheriff

(518)295-8114

Schuyler County

Sheriff

(607)535-2767

Seneca County

Sheriff

(315)539-9241

Steuben County

Civil Defense

(607)776-3333

Suffolk County

DSS Answering Service

(516)348-4000

Sullivan County

DSS Answering Service

(914)292-6444

Tioga County

Sheriff

(607)687-1010

Tompkins County

County Dispatch

(607)273-8000

Ulster County

Sheriff

(914)338-3640

Warren County

Sheriff

(518)792-9921

Washington County

Sheriff—Salem

(518)854-7487

Sheriff—Hudson Falls

(518)747-4623

Wayne County

Sheriff

(315)946-9711

Westchester County

DSS Answering Service

(914)592-3791

Wyoming County

Sheriff

(716)786-2255

Yates County

Sheriff

(315)536-4438

____

* Contact persons and phone numbers are current as of the publication of this appendix and may be revised from time to time.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.