N.Y. Comp. Codes R. & Regs. tit. 19 § 432.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 432.2 - Procedure for approval

(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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 432.2