(a) Article 7A of the Real Property Law (sections 239 et seq.) concerns the use and sale of portable kerosene heaters in New York State. Section 239-b prohibits the use of a portable kerosene heater in private dwellings and business, commercial, and industrial buildings unless the heater meets the requirements of section 239-a(7). Section 239-c prohibits the sale of portable kerosene heaters for use in such structures unless the heater has been approved by the Secretary of State. All unapproved portable kerosene heaters offered for sale must, pursuant to section 239-d, carry an identifying label. Section 239-e provides that no portable kerosene heater, whether or not approved, may be used in multiple dwellings, defined in section 239-a(2) to mean dwellings rented, leased, let, or hired out to be occupied as the residence of three or more independent families and including dwelling portions of hospitals, nursing homes and other institutions.

(b) In determining whether to approve a portable kerosene heater for sale, the Secretary must consider whether the heater meets the standards set out in Real Property Law section 239-a(7). These require that a heater be listed and meet a series of technical standards and labeling requirements. Section 239-a(5) requires that, to be listed, a portable kerosene heater must have been tested by an independent, nationally recognized testing or inspection agency acceptable to the Secretary and have been determined by the agency to meet a generally accepted standard for such heaters. Having been listed, a portable kerosene heater will have met certain of the technical requirements of section 239-a(7). Designation of a testing or inspection agency as acceptable to the Secretary is the subject of Part 431 of this Chapter.

(c) Section 239-c further provides that the Secretary of State may promulgate additional standards required to effectuate the purposes of article 7A and may by rule set forth the procedures by which portable kerosene heaters will be reviewed for approval. Such standards and procedures are the subject of this Part.