N.Y. Real Prop. Law § 239-A

Current through 2024 NY Law Chapter 553

Section 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 seconds;

(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; and

(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.

N.Y. Real Prop. Law § 239-A