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CHAPTER 34-42

PORTABLE OIL-FUELED HEATERS

34-42-1      Definitions.
34-42-2      Approval required for sale--Use prohibited in certain structures.
34-42-3      Requirements for approval--Labeling.
34-42-4      Jurisdiction of Department of Public Safety--Chapter exclusive.
34-42-5      Violations as misdemeanor.


     34-42-1.   Definitions. Terms used in this chapter mean:
             (1)      "Approved," acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as set forth in this chapter. A listed portable oil-fueled heater may be approved if it satisfies the requirements set forth in this chapter and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that is listed and in compliance with the provisions of this chapter;
             (2)      "Listed," any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by the agency or bears the mark, name or symbol of the agency as indication that it has been so authorized. The evaluation shall include but not be limited to evaluation of the requirements set forth in this chapter;
             (3)      "Oil," any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene;
             (4)      "Portable oil-fueled heater," 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;
             (5)      "Structure," any building or completed construction of any kind, including but not limited to, private 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.

Source: SL 1983, ch 257, § 1.


     34-42-2.   Approval required for sale--Use prohibited in certain structures. Approved portable oil-fueled heaters may be offered for sale, sold, and used in structures in this state except in places of assembly, educational, health care, multi-family dwellings, or detention occupancies as defined by the National Fire Protection Association's 101 Life Safety Code as in effect January 1, 1983. Portable oil-fueled heaters which are not approved may not be offered for sale, sold, or used in this state.

Source: SL 1983, ch 257, § 2.


     34-42-3.   Requirements for approval--Labeling. Approved portable oil-fueled heaters shall adhere to the following requirements:
             (1)      Approved portable oil-fueled heaters shall have labeling affixed thereto to caution and inform concerning:
             (a)      Provision of an adequate source of ventilation when the heater is in operation;
             (b)      Use of only suitable fuel for the heater;
             (c)      Proper manner of refueling;
             (d)      Proper placement and handling of the heater when in operation; and
             (e)      Proper procedures for lighting, flame regulation and extinguishing the heater;
             (2)      Approved portable oil-fueled heaters shall be packaged with instructions to inform concerning proper maintenance and operation;
             (3)      Approved portable oil-fueled heaters shall be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees from the vertical with an empty reservoir;
             (4)      Approved portable oil-fueled heaters shall have 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; and
             (5)      Approved portable oil-fueled heaters shall not produce carbon monoxide at rates which create a hazard if operated as intended and instructed.

Source: SL 1983, ch 257, § 3.


     34-42-4.   Jurisdiction of Department of Public Safety--Chapter exclusive. The Department of Public Safety has jurisdiction over the sale and use of portable oil-fueled heaters. The provisions of this chapter exclusively govern the sale and use of portable oil-fueled heaters in this state.

Source: SL 1983, ch 257, § 4; SL 2003, ch 272, §§ 20, 121.


     34-42-5.   Violations as misdemeanor. A violation of § 34-42-2 or 34-42-3 is a Class 2 misdemeanor.

Source: SL 1983, ch 257, § 5.


Back to Title 34