Section 304. Standard and storage of illuminating oils  


Latest version.
  • No person shall
      manufacture or  have  in  his  possession  or  sell  or  give  away  for
      illuminating  or  heating purposes in lamps or stoves within this state,
      any oil or burning fluid wholly or partly composed of naphtha, coal oil,
      petroleum or products thereof,  or  of  other  substances  or  materials
      emitting  an  inflammable  vapor which will flash at a temperature below
      one hundred degrees  Fahrenheit  according  to  the  tag  closed  tester
      prescribed  and  the  method adopted by the American Society for Testing
      Materials for flash point of volatile flammable liquids.
        No such oil or fluid which will ignite  at  a  temperature  below  two
      hundred and ninety-five degrees Fahrenheit as determined by the standard
      method  of  test  for  flash and fire points by means of open cup of the
      American Society for Testing Materials shall be burned or be carried  as
      freight in any passenger or baggage car or passenger boat moved by steam
      or  electric power in this state, or in any stage or street car, however
      propelled, except that coal oil,  petroleum  and  its  products  may  be
      carried,  when  securely  packed  in  barrels  or  metallic packages, in
      passenger boats propelled by steam when there are no other public  means
      of transportation.
        Naphtha  and  other  illuminating products of petroleum which will not
      stand the  flash  test  required  by  this  section,  may  be  used  for
      illuminating or heating purposes only in the following cases:
        1.  In  street lamps and open air receptacles apart from any building,
      factory or inhabited house in which the vapor is burned.
        2. In dwellings, factories or other places of business when  vaporized
      in  secure  tanks or metallic generators made for that purpose, in which
      the vapor so generated is used for lighting or heating.
        3. For use in the manufacture of illuminating gas in gas manufactories
      situated apart from dwellings and other buildings.
        Any person violating any provision of this section  shall  forfeit  to
      the city or village, or if not in a city or village to the town in which
      the  violation  occurs,  the  sum  of one hundred dollars for every such
      violation, and for every day or  part  of  a  day  that  such  violation
      occurs.
        This  section  shall  not apply to the city of New York, and shall not
      supersede but shall be in addition to the ordinances or  regulations  of
      any  city  or village made pursuant to law for the inspection or control
      of combustible materials therein.