KRS 227.410: Definitions for KRS 227.410 -- Prohibition of sale or installation of

unventable type gas fuel room heaters -- Exceptions -- Enforcement.

(1) As used in this section:

(a) "Gas-fired heating device" means a gas burning appliance of either a gravity

or mechanical circulation type, designed for the heating of air or of water in an

enclosed structure;

(b) "Gas-fired room heating device of the unventable type" means a self -

contained, free standing, air heating, gas -fired appliance, designed as a space

heater for an enclosed structure; and

(c) "Enclosed structure" includes a room used for public assembly, educational,

instructional, mercantile, office, or residential purposes (including

manufactured homes, mobile homes, travel trailers, and houseboats).

(2) No person, firm, or corporation shall sell at retail or wholesale, or offer or expose

for sale at retail or wholesale any gas -fired room heating device of the unventable

type, or other type which has not been approved as provided in KRS 234.175,

except un vented heaters that are built and sold solely for the curing of tobacco,

which if sold or used by any person for any other purpose shall subject him or her to

the penalty set forth in KRS 227.991.

(3) No person, firm, or corporation shall install in any ro om or enclosed structure any

gas-fired room heating device of the unventable type or other type which has not

been approved as provided in KRS 234.175.

(4) No person, firm, or corporation may install any gas -fired heating device of the

ventable type for use in any room or enclosed structure unless said device is vented

in accordance with the provisions of the standards of safety of the Department of

Housing, Buildings and Construction.

(5) No person, firm, or corporation who may own a gas -fired heating devi ce of the

unventable type or a gas -fired heating device of the ventable type, which has not

been approved as provided in KRS 234.175, or which does not conform to the

provisions of the standards of safety of the department (all of which heating devices

are referred to as "proscribed heaters" in this subsection and subsection (6) of this

section), or who may occupy an enclosed structure in which such a proscribed

heater is installed, shall continue to use or operate said proscribed heater after

receipt of a written order described in subsection (6) of this section, and before the

conditions contained in said order are met.

(6) Cities with populations equal to or greater than twenty thousand (20,000) based

upon the most recent federal decennial census or urban -county governments may

under ordinance duly enacted appoint inspectors or officers who have power to

issue written orders directing owners of heaters or occupants of structures in which

heaters are installed, to discontinue the use or operation of a prosc ribed heater and

to specify conditions which must be met before said proscribed heater may again be

used or operated. Said order may be issued if said authorized person has actual

knowledge of the existence of a proscribed heater, and, in the opinion of sa id

authorized person, the continued use or operation of said proscribed heater would

constitute a danger to life or health; provided however, no person, agency, firm, or

corporation (other than the owner, user, seller, or installer of a proscribed heater)

shall be liable for civil damages for his or her or its failure to recognize a proscribed

heater, for failure to issue the order described in this subsection, for complying with

said order, for assisting with the compliance therewith, or for allowing the

continued use or operation of a proscribed heater prior to receipt of said order.

(7) This section shall not apply to liquefied petroleum gas heaters subject to the

jurisdiction of the department under KRS Chapter 234, except those liquefied

petroleum gas heaters sold or installed for residential usage.