§ 304. Standard and storage of illuminating oils. 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.