N.Y. General Business Law § 322-c: Gas space heating appliances to be equipped with back draft diverters and automatic shutoff devices

§ 322-c. Gas space heating appliances to be equipped with back draft

diverters and automatic shutoff devices. On and after July first,

nineteen hundred sixty-five it shall be unlawful to manufacture or

assemble, or to sell or offer for sale, or to install, use or maintain

in any building used or occupied as a residence, any space heating

appliance using natural and/or manufactured gas fuel unless such

appliance is equipped with (a) a back draft diverter with vents of

sufficient capacity to permit the discharge of combustion gases away

from the burning gas, except where such appliance (i) is provided with a

sealed combustion chamber directly vented to the outside, or (ii) is

listed by an accredited third party agency as an unvented appliance in

compliance with American National Standard Z21.11.2 and meets or exceeds

standards established by rules and regulations promulgated, and which

may be periodically amended, by the department of health and approved by

the state fire prevention and building code council, and (b) an

automatic shutoff device to prevent the flow of gas if the flame or

pilot light, thereof is extinguished; provided, however, that nothing

contained herein shall be construed as repealing or in any manner

limiting, restricting or diminishing any power conferred by any

provision of law upon any city having a population of one million or

more, or any body, agency or officer thereof, to enact or adopt local

laws, ordinances, other local enactments or rules or regulations

relating in any manner to gas space heating appliances, so long as such

local laws, ordinances, enactments, rules or regulations in so far as

the same relate to the subject matter of this section, are not less

restrictive than the provisions of this section. A violation of the

provisions of this section shall constitute a misdemeanor.