CHAPTER 117

FORMERLY

HOUSE SUBSTITUTE NO. 1

TO

HOUSE BILL NO. 3

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16, DELAWARE CODE, RELATING TO REGULATION AND SALE OF PROTABLE OIL FUELED HEATERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 73, Part VI, Title 16 of the Delaware Code by striking the title of the said chapter, and substituting in lieu thereof the following:

"CHAPTER 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES"

Section 2. Amend Chapter 73, Part VI, Title 16, Delaware Code by deleting the present Section 7305.

Section 3. Amend Chapter 73, Part VI, Title 16, Delaware Code by adding thereto a new Section 7305, to read as follows:

"§7305. Statement of Purpose and Intent

It is hereby declared that modern, efficient, safety-tested portable oil fueled heaters may be offered for sale, sold, and used in this state. However, fire hazards and other dangers to the health, safety and welfare of the Inhabitants of state may exist in the absence of legislation the purpose of which is to reasonably assure that portable oil fueled heaters offered for sale to, sold to and used by inhabitants of this state are modern, efficient and safety-tested. It is the intent of the legislature to hereinafter set forth such legislation."

Section 4. Amend Chapter 73, Part VI, Title 16, Delaware Code by adding thereto a new §7306, to read as follows:

"§7306. Definitions

As used in this Chapter:

(a) "Portable Oil Fueled Heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another.

(a) "Oil" means any liquid fuel with a flash point of greater than 100 degrees farhrenheit, including but not limited to kerosene.

(a) "Listed" means any portable oil fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by any one of the following nationally recognized testing or inspection agencies: Underwriters Laboratories, Inc., Canadian Standards Association, Factory Mutual System, Applied Research Laboratories of Flordia, Inc., Electrical Testing Laboratory and which has been authorized by the State Fire Prevention Commission as being reasonably safe for its specific purpose and shown in a list published by such agency and bears the mark, name or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth. Similar evaluations by a nationally recognized testing or inspection agency other than the above mentioned which are approved by the State Fire Marshall may be listed as well.

(a) "Approved" means acceptable to the authority having jurisdiction over the sale and use of portable oil fueled heaters as hereinafter set forth.

(a) "Structure" means any building or completed construction of any kind, including but not limited to, priviate dwellings or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes.

Section 5. Amend Chapter 73, Part VI, Title 16, Delaware Code, by adding thereto a new §7307 to reed as follows:

"§7307. Sale and Use of Approved Portable Oil Fueled Heaters

Approved portable oil fueled heaters may be offered for sale, sold and used In structures in this State, however the use of a portable oil fueled heater in multi-unit residential buildings is specifically prohibited. Any portable oil fueled heaters which are not approved may not be offered for sale, sold or used in structures in this State. Any portable oil fueled heater may be offered for sale, sold and used in locations other than structures unless specifically prohibited by legislation of this State. Any listed portable oil fueled heater shall be approved if it satisfies the requirements hereinafter set forth and if the supplier has certified to the State Fire Prevention Commission that it is listed and in compliance herewith."

Section 6. Amend Chapter 73, Part VI, Title 16, Delaware Code, by adding thereto a new §7308 to read as follows:

"§7308. Requirements for Approved Portable Oil Fueled Heaters

Approved portable oil fueled heaters must adhere to the following requirements:

(a) Approved portable oil fueled heaters must have labeling affixed thereto such as to caution and inform concerning:

(i) Provision of an adequate source of ventilation when the heater is in operation:

(ii) Use of only suitable fuel for the heater;

(iii) Proper manner of refueling;

(iv) Proper placement and handling of the heater when in operation and

(v) Proper precedures for lighting, flame regulation, and extinguishing the heater.

(b) Approved portable oil fueled heaters must be packaged with instructions such as to inform concerning proper maintenance and operation.

(c) Approved portable oil fueled heaters must be constructed with a low center of gravity and minimum tipping angle of 33 degrees from the vertical with an empty reservoir.

(d) Approved portable oil fueled heaters must have:

(i) An automatic safety shut-off device or Inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31;

(e) Approved portable oil fueled heaters must not produce carbon monoxide at rates which create a hazard when operated as intended and instructed."

Section 7. Amend Chapter 73, Part VI, Title 16, Delaware Code by adding thereto a new §7309 and S7310 to read as follows:

"§7309. Storage of Kerosene

Any portable containers in which kerosene is stored must not be red In color, nor may they be made of glass. They must be clearly marked 'kerosene'."

"§7310. Authority Having Jurisdiction

The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil fueled heaters and only this Chapter shall govern the sale and use of portable oil fueled heaters in this State."

Section 8. Amend Chapter 73, Part VI, Title 18, Delaware Code, by adding thereto a new §7311 to read as follows:

"§7311. Penalties

Whoever violates this Chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction to adjudicate offenses under this Chapter."

Approved July 7,1981.