Understanding New Jersey’s Law on Posting Signs Prohibiting Portable Heaters in Certain Residences

New Jersey has a specific law, Section 2C:40-13, that requires the posting of signs in certain locations prohibiting the use of portable, oil-burning space heaters. This law was enacted to promote fire safety and protect residents in higher risk housing. Here is an overview of the key aspects of this law:

Background on Law

• The law requiring sign posting about prohibited space heaters was passed in 1967 as part of the Hotel and Multiple Dwelling Law (§55:13A-1 et seq.)[1].
• It applies to cities and municipalities that have adopted housing codes banning portable, oil-burning space heaters. This includes many larger cities in NJ with older housing stock[2].
• The sign posting requirement was later incorporated into the criminal code as Section 2C:40-13. Violations are disorderly person offenses punishable by up to 6 months imprisonment[3].

Where Signs Must Be Posted

The law requires posting of signs in two locations[4]:

• At the Point of Sale: Retail stores selling portable space heaters must display a sign at the point of purchase stating that use of such heaters is prohibited in multiple dwellings and certain residences.
• In Multiple Dwellings: These residences must post a sign near the mailboxes or other prominent location stating that use of portable heaters is unlawful.

Multiple dwellings include apartments, dormitories, hotels, and other housing with 3+ units.

Scope of Prohibited Heaters

• The sign posting law applies specifically to “portable, oil-burning heating devices”[2]. This refers to space heaters that run on fuels like kerosene, diesel, or other flammable oils.
• It does not apply to electric or natural gas-powered space heaters. However, individual city housing codes may have broader restrictions.
• The law is intended to prevent fires from faulty or misused oil-burning heaters in crowded residences. These types of space heaters pose much higher fire risks, especially in older buildings[5].

Reasons for Law and Safety Benefits

There are important safety reasons behind this prohibition on portable oil-burning heaters:

• Fire Risk: Open-flame or kerosene heaters can easily tip over, rupture fuel tanks, emit toxic fumes, overheat, and cause devastating fires. This risk is heightened in crowded apartments and dorms.
• Lack of Ventilation: Unlike fixed heating systems, portable heaters provide no ventilation. Fumes can accumulate and cause carbon monoxide poisoning.
• Inadequate Safety Features: Many portable heaters lack sufficient safety mechanisms like auto-shutoff or tip-over switches. Misuse is common.

By requiring posted notice about the prohibition, residents are made aware of the dangers and legal consequences of using these banned devices. Posting signs at point of sale also stops people from purchasing outlawed devices.

Enforcement and Penalties

• The sign posting law is enforced by local police and fire code officials. Failure to post the required sign can result in fines.
• Residents found unlawfully using a prohibited heater can face disorderly conduct charges and fines up to $500[3].
• Landlords may also be cited if they fail to post signs or knowingly allow use of banned heaters. They can face fines up to $1,000 for repeat violations.

Exceptions and Safety Tips

• One exception is that prohibited portable heaters may be used if the residence has no other safe heating system available.
• Residents should contact local officials if they cannot safely heat their home without using a banned device. Temporary waivers may be granted.
• For safe heating, residents should properly maintain fixed heating systems, use only approved space heaters, and follow fire safety tips like avoiding extension cords and keeping heaters away from combustibles.

Conclusion

New Jersey’s law prohibiting use of certain portable heating devices in higher-risk residences improves fire safety. Required sign posting educates residents, retailers, and landlords about this important prohibition. Following the law, using safe heating methods, and asking about exceptions if needed will keep families warm and help prevent tragic fires.