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City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
OIL-HEATING STOVE OR APPLIANCE
An oil-heating stove or appliance or kerosene stove or other stove or appliance not constituting a portable oil heater as defined in this section which uses a liquid or any mixture, substance or compound which will emit a flammable vapor at a temperature below 125° F. when tested in a Tagliabue cup tester.
PORTABLE OIL HEATER OR KEROSENE STOVE
Any stove or appliance which uses kerosene or fuel oil or any combustible mixture or flammable mixture and is designed for the heating of space in buildings or structures and does not require a connection to a flue, including oil stoves and oil heaters equipped with a woven wick, but excluding portable apparatus not designed to heat spaces in buildings or structures, such as blowtorches or soldering pots.
It shall be unlawful for any person to:
A. 
Use or permit the use of a portable oil heater in any building or structure or portion thereof.
B. 
Maintain a portable oil heater in any building or structure or portion thereof in such manner as to be arranged, designed or intended for use.
C. 
Keep or store a portable oil heater in any space used, arranged, designed or intended for living or sleeping purposes in any building or structure.
D. 
Being an owner or agent of any building or structure, or otherwise having charge of or control over any space therein, whether or not such space is used, arranged, designed or intended for living or sleeping purposes, provide or place or cause to be provided or placed in such space a portable oil heater for use by the occupant of such space.
The provisions of this article shall not apply to the use or maintenance for cooking purposes of any oil-heating stove or appliance which is designed for cooking purposes only, or the keeping or storing of any oil-heating stove or appliance or portable oil heater in any premises lawfully used in the business of manufacturing, selling, processing, handling, storing, repairing or transporting such stoves, appliances or heaters in any case where such stove, appliance or heater is so kept or stored in the conduct of such business and is not used in such premises or maintained for the purposes of use therein.
It shall be unlawful for any person to use an oil-heating stove or appliance in any building or structure or any portion thereof for the heating of space or to maintain any such stove or appliance in any such building or structure or portion thereof in such manner as to be arranged, designed or intended for the heating of space unless such stove or appliance:
A. 
Is of a type approved as to design and construction by the National Board of Fire Underwriters.
B. 
Has been installed and is maintained in conformity with the specification of the National Board of Fire Underwriters in relation to the installation, maintenance, use and operation of oil-burning equipment as recommended by the National Fire Protection Association.