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This entry was published on 2014-09-22
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Real Property (RPP) CHAPTER 50, ARTICLE 7A
§ 239-a. Definitions. As used in this article the following terms
shall mean and include:

1. "Structure." Any building or completed construction of any kind
including but not limited to, private dwellings or to any structure used
for business, commercial or industrial purposes, but not including
multiple dwellings, buildings under construction, or buildings used
solely for agricultural purposes.

2. "Multiple dwelling." A multiple dwelling is a dwelling which is
either rented, leased, let or hired out to be occupied or is occupied as
the residence or home of three or more families living independently of
each other and shall include, dwelling portions of hospitals, nursing
homes, convents, monasteries, asylums and public institutions.

3. "Owner." The owner of the freehold of any real property (as defined
in section two of the real property law), or of a lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent, or any other person, firm or
corporation, directly or indirectly in control of real property.

4. "Person." The term person shall include the owner, mortgagee or
vendee in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation, directly or
indirectly in control of a structure or part thereof.

5. "Listed." Any portable kerosene heater which has been tested by an
independent, nationally recognized testing or inspection agency,
acceptable to the secretary of state and which has been determined to
meet a generally accepted standard for such heaters. Such determination
shall be evidenced by either the inclusion of the heater on a list
published by such agency or by the heater bearing the listing mark of
such agency.

6. "Portable kerosene heater." Any non-flue connected, self-contained,
self-supporting, kerosene-fueled heating appliance equipped with an
integral reservoir, designed to be carried from one location to another.

7. "Approved portable kerosene heater." Any listed portable kerosene
heater which:

(a) has a fuel capacity of not more than two gallons;

(b) emits no more than .04 percent carbon monoxide in an air free
sample of flue gases at maximum heat output and no more than .08 percent
at recommended low-fire setting;

(c) has a minimum tipping angle of no more than thirty-three degrees
from the vertical with a full fuel reservoir;

(d) has an automatic shutoff safety device or inherent design feature
which extinguishes the heating flame upon tipover in not more than ten

(e) includes as standard equipment a pump or siphon for refueling;

(f) is packaged with instructions advising the purchaser of proper
maintenance and operation;

(g) bears labeling, in conspicuous letters, cautioning and informing
the purchaser as to:

(i) the need for an adequate source of ventilation when the heater is
in operation;

(ii) the use of only suitable fuel for the heater;

(iii) proper manner of refueling;

(iv) proper placement and handling of the heater when in operation;

(v) proper procedures for lighting, flame regulation and extinguishing
the heater;

(h) after April first, nineteen hundred eighty-two, meets such
additional standards, if any, as may be contained in reasonable rules
and regulations adopted by the secretary of state pursuant to section
two hundred thirty-nine-c of this article.