(a) Before a portable kerosene heater may be approved by the Secretary of State for sale for use in structures as defined by section 239-a(1) of the Real Property Law, it shall:

1. (1) be listed, i.e., have been tested by an independent, nationally recognized testing or inspection agency acceptable to the Secretary and have been determined to meet a generally accepted standard for such heaters; and

   1. (i) have a fuel capacity of not more than two gallons;
   2. (ii) emit no more than 0.04 percent carbon monoxide in an air-free sample of flue gases at maximum heat output and no more than 0.08 percent at low-fire setting;
   3. (iii) have a minimum tipping angle of no more than 33 degrees from the vertical with a full fuel reservoir;
   4. (iv) have an automatic shutoff safety device or inherent design feature which extinguishes the heating flame upon tipover in not more than 10 seconds;
   5. (v) include as standard equipment a pump or siphon for refueling;
   6. (vi) be packaged with instruction advising the purchaser or proper maintenance and operation; and

   7. (vii) bear labeling, in conspicuous letters, cautioning and informing the purchaser as to:

      1. (a) the need for adequate source of ventilation when the heater is in operation;
      2. (b) the use of only suitable fuel for the heater;
      3. (c) the proper manner of refueling;
      4. (d) the proper placement and handling of the heater when in operation; and
      5. (e) the proper procedures for lighting, flame regulation and extinguishing the heater.

   (2)

(b) A manufacturer or private labeler shall make application to the Secretary of State for approval of a portable kerosene heater. Such application shall be in a form acceptable to the Secretary and shall contain:

1. (1) the manufacturer's or private labeler's name and address, and the name and title of the person making application;
2. (2) the heater model name and number and other identifying information and, if the applicant is not the manufacturer, the name and address of the maufacturer;
3. (3) evidence from an acceptable testing or inspection agency that the heater is listed with such agency, which evidence may take the form of the heater's inclusion on a published list of the agency, authorization to use the agency's listing mark, or the like;
4. (4) printed copies of the instructions regarding maintenance and operation of the heater;
5. (5) a copy, replica or facsimile of each of the required labels;
6. (6) a certification that the heater includes as standard equipment a pump or siphon for refueling;
7. (7) data which indicate that the heater flame extinguishes upon tipover in not more than 10 seconds, except in the case of a heater which has been listed by an acceptable testing or inspection agency which requires as a condition of such listing that the heater flame extinguish upon tipover in not more than 10 seconds; and
8. (8) a copy of the written instructions to distributors and retailers required by section 432.3 of this Part.