§ 239-A — Definitions

§ 239-a. Definitions. As used in this article the following terms\nshall mean and include:\n 1. "Structure." Any building or completed construction of any kind\nincluding but not limited to, private dwellings or to any structure used\nfor business, commercial or industrial purposes, but not including\nmultiple dwellings, buildings under construction, or buildings used\nsolely for agricultural purposes.\n 2. "Multiple dwelling." A multiple dwelling is a dwelling which is\neither rented, leased, let or hired out to be occupied or is occupied as\nthe residence or home of three or more families living independently of\neach other and shall include, dwelling portions of hospitals, nursing\nhomes, convents, monasteries, asylums and public institutions.\n 3. "Owner." The owner of the freehold of any real property (as defined\nin section two of the real property law), or of a lesser estate therein,\na mortgagee or vendee in possession, assignee of rents, receiver,\nexecutor, trustee, lessee, agent, or any other person, firm or\ncorporation, directly or indirectly in control of real property.\n 4. "Person." The term person shall include the owner, mortgagee or\nvendee in possession, assignee of rents, receiver, executor, trustee,\nlessee, agent or any other person, firm or corporation, directly or\nindirectly in control of a structure or part thereof.\n 5. "Listed." Any portable kerosene heater which has been tested by an\nindependent, nationally recognized testing or inspection agency,\nacceptable to the secretary of state and which has been determined to\nmeet a generally accepted standard for such heaters. Such determination\nshall be evidenced by either the inclusion of the heater on a list\npublished by such agency or by the heater bearing the listing mark of\nsuch agency.\n 6. "Portable kerosene heater." Any non-flue connected, self-contained,\nself-supporting, kerosene-fueled heating appliance equipped with an\nintegral reservoir, designed to be carried from one location to another.\n 7. "Approved portable kerosene heater." Any listed portable kerosene\nheater which:\n (a) has a fuel capacity of not more than two gallons;\n (b) emits no more than .04 percent carbon monoxide in an air free\nsample of flue gases at maximum heat output and no more than .08 percent\nat recommended low-fire setting;\n (c) has a minimum tipping angle of no more than thirty-three degrees\nfrom the vertical with a full fuel reservoir;\n (d) has an automatic shutoff safety device or inherent design feature\nwhich extinguishes the heating flame upon tipover in not more than ten\nseconds;\n (e) includes as standard equipment a pump or siphon for refueling;\n (f) is packaged with instructions advising the purchaser of proper\nmaintenance and operation;\n (g) bears labeling, in conspicuous letters, cautioning and informing\nthe purchaser as to:\n (i) the need for an adequate source of ventilation when the heater is\nin operation;\n (ii) the use of only suitable fuel for the heater;\n (iii) proper manner of refueling;\n (iv) proper placement and handling of the heater when in operation;\nand\n (v) proper procedures for lighting, flame regulation and extinguishing\nthe heater;\n (h) after April first, nineteen hundred eighty-two, meets such\nadditional standards, if any, as may be contained in reasonable rules\nand regulations adopted by the secretary of state pursuant to section\ntwo hundred thirty-nine-c of this article.\n