After April first, nineteen hundred eighty-two, no portable kerosene heater shall be offered for sale in this state for use in a structure unless it has been approved by the secretary of state or his designee. In determining whether to approve a portable kerosene heater for sale, the secretary of state shall consider whether the heater meets (1) the standards set forth in subdivision seven of section two hundred thirty-nine-a of this article, and (2) any additional standards which the secretary of state reasonably believes are required to effectuate the purposes of this article as set forth in section two hundred thirty-nine of this article. The secretary of state may promulgate reasonable rules and regulations setting forth the procedure by which portable kerosene heaters will be reviewed for approval.
N.Y. Real Prop. Law § 239-C