New Jersey Section 2C:40-14 – Regulations for Portable Oil-Burning Heating Devices

New Jersey Statute 2C:40-14 provides regulations for the sale and use of portable oil-burning heating devices in the state. This law was enacted to promote fire safety by ensuring these devices meet certain standards before being sold or used in New Jersey.

Background on 2C:40-14

Section 2C:40-14 is part of the larger Chapter 40 of Title 2C of the New Jersey Code of Criminal Justice, which covers laws related to creating public hazards. The specific sections from 2C:40-7 to 2C:40-15 deal with regulating portable oil-burning heating devices to prevent fires.

This law was enacted in 1985 in response to serious concerns about the fire risks posed by kerosene heaters, which were becoming increasingly popular at the time. However, there were reports of numerous fires, injuries, and deaths caused by faulty and dangerous kerosene heater designs^[1].

The New Jersey legislature determined that establishing mandatory safety standards for these devices before they could be sold or used in the state was necessary to protect public health and welfare.

Key Provisions of 2C:40-14

Section 2C:40-14 authorizes the New Jersey Supreme Court to issue Rules of Court to implement the regulatory scheme outlined in 2C:40-7 through 2C:40-15.

Specifically, it allows the Supreme Court to establish rules regarding:

• The content, format, and procedures for submitting the testing certification required under 2C:40-7. This includes the qualifications for testing laboratories.
• The format and content of the labeling and instructions required under 2C:40-8 and 2C:40-9.
• The procedures for conducting inspections and collecting samples of devices to ensure compliance.
• Any other matters necessary to enforce the regulations on portable oil-burning heating devices.

This section provides the Supreme Court flexibility to develop appropriate administrative rules to carry out the intent of the law. The rules authorized under 2C:40-14 help facilitate consistent statewide implementation and enforcement.

Supreme Court Rules on Portable Heaters

Pursuant to the authority granted in 2C:40-14, the Supreme Court has adopted Rules of Court regulating portable kerosene heaters and other oil-fueled heating devices^[2].

The key rules include:

• R. 1:32A-3 – Outlines the required content, format, and procedures for the testing certification manufacturers must obtain before selling heaters in NJ. Certifications must be issued by an EPA-accredited lab.
• R. 1:32A-4 – Details the mandatory labeling that must appear on portable heaters about safe operation, maintenance, and warnings.
• R. 1:32A-5 – Specifies the instructions about proper use, fueling, and safety that must be included with each heater.
• R. 1:32A-6 – Allows inspections and sample collections to ensure compliance.

These rules provide specifics to enforce the safety standards and requirements enacted under 2C:40-7 to 2C:40-13. The Supreme Court has authority to revise the rules as needed under 2C:40-14.

Enforcement and Penalties

The Department of Community Affairs (DCA) is the primary agency responsible for enforcing the regulations on portable heating devices in coordination with local governments^[3].

Under 2C:40-15, any violations are considered a petty disorderly persons offense. This can result in fines up to $500 and up to 30 days in jail^[4].

The DCA can impose penalties on manufacturers for violations. They also have authority to order recalls of noncompliant heaters sold in NJ.

Retailers can face charges for selling portable heaters that do not meet state standards. Individuals can also be cited for unsafe use that ignores the required warnings and instructions.

Benefits of the Law

The regulations under 2C:40-14 and related sections have improved the safety of portable heating devices sold and used in New Jersey. By requiring independent testing and proper labeling, substandard or dangerous kerosene heaters are kept off the market.

Consumer awareness about the safe operation of portable heaters has also increased through the mandatory instructions and warnings.

Overall, this law provides an important framework to prevent fires and promote public safety when using these common heating devices. The regulatory authority in 2C:40-14 enables the state to refine the rules as needed to address any new issues that emerge.