New Jersey Law Requires Safety Testing for Portable Oil-Burning Heaters

Portable oil-burning space heaters, also known as kerosene heaters, can provide supplemental heating during cold weather. However, they also pose safety risks if not properly designed, manufactured, and maintained. To address these risks, New Jersey enacted a law – Section 2C:40-7 – that regulates the sale and use of portable oil-burning heating devices in the state.

Overview of NJ Section 2C:40-7

Section 2C:40-7, part of the New Jersey Code of Criminal Justice, prohibits the sale, offer for sale, or use of portable oil-burning heating devices unless the device has a valid certificate of evaluation from a nationally recognized testing laboratory. This certificate must confirm that the device has been evaluated and tested for safety^[1].

Specifically, the law states:

“No person shall sell, offer for sale, or use any portable, oil-burning heating device unless such device bears the certification label of a nationally recognized testing laboratory that the device has been tested and listed as being in compliance with applicable standards set forth in the “American National Standard for Oil-Burning Stoves” (ANSI Z21.11.1-1974) or other applicable standards.”

This law applies to any person or business selling or using portable kerosene heaters in New Jersey. The purpose is to ensure these devices meet certain safety standards before being sold or operated in the state.

Background and Rationale

The New Jersey Legislature enacted Section 2C:40-7 in 1983 based on concerns about the fire hazards and indoor air pollution risks posed by portable kerosene heaters^[2].

These risks include:

• Fire hazards – Faulty heaters can leak fuel, explode, or tip over, leading to fires. Fires caused by portable heaters can result in severe property damage and injuries or death.
• Indoor air pollution – Kerosene heaters emit harmful pollutants like carbon monoxide, nitrogen dioxide, and sulfur dioxide. Exposure to these pollutants, especially in enclosed spaces, can cause serious health effects.
• Burn risks – The exterior surfaces of kerosene heaters can reach high temperatures and cause burn injuries if touched.

Requiring safety certification testing helps ensure portable kerosene heaters sold and used in New Jersey meet certain design, construction, performance, and labeling standards to minimize these risks.

Safety Standard Referenced – ANSI Z21.11.1

The law specifically references compliance with the ANSI Z21.11.1 standard. This standard, titled “Oil-Burning Stoves,” was developed by the American National Standards Institute (ANSI) and sets safety requirements for portable oil-burning heating appliances^[3].

Some key requirements in ANSI Z21.11.1 include:

• Materials must withstand high temperatures and corrosion.
• Automatic safety shut-off if tipped over.
• Surface temperature limits to prevent burns.
• Safe clearances to combustibles.
• Protection from fuel leakage.
• Proper fuel tanks, valves, and connectors.
• Adequate air for combustion.
• Safety labeling and installation instructions.

So for a portable heater to be certified as compliant with ANSI Z21.11.1, it must meet all these safety requirements and others outlined in the standard.

Enforcement and Penalties

Under Section 2C:40-7, selling or using a non-certified portable oil heater in New Jersey is a disorderly persons offense^[1].

This means it is punishable by:

• Up to 6 months in jail.
• Up to a $1,000 fine.
• Community service.

The law is enforced by local law enforcement and fire officials in New Jersey municipalities. They have authority to issue citations if unsafe, non-certified heaters are being sold or used in their jurisdictions.

Exemptions

Section 2C:40-7 does provide two exemptions where the safety certification requirements do not apply^[1]:

1. Antique devices – This refers to heaters manufactured prior to 1950, which are considered collectible antiques. However, antique device users are cautioned to still follow safety precautions.
2. Non-commercial use – The law exempts private individuals using a non-certified heater in their own residence for non-commercial purposes. However, safety risks remain and proper precautions are recommended.

All businesses and commercial sellers must comply with the safety certification requirements.

Benefits for Consumers

While adding costs for manufacturers, requiring ANSI/UL safety certification testing provides important benefits for consumers buying and using portable kerosene heaters in New Jersey:

• Reduced fire risks – Certified heaters are less likely to tip over, leak fuel, or have other malfunctions that can start fires.
• Lower pollution – Properly designed combustion systems emit fewer harmful pollutants into indoor air.
• Safer operation – Safety features like auto shut-off, surface temperature limits, and safety labeling reduce risks from burns and improper use.
• Peace of mind – Consumers can verify certification labels and know heaters meet safety standards.

Tips for Safe Use

When using portable kerosene heaters, consumers should also follow these basic safety tips^[4]:

• Carefully follow manufacturer operating instructions.
• Only use the recommended grade of kerosene fuel.
• Situate heater at least 3 feet from combustibles.
• Maintain proper ventilation to avoid carbon monoxide buildup.
• Never leave a heater unattended when operating.
• Allow heater to cool before refueling.
• Inspect for damage and leaks before each use.
• Clean and replace wicks as needed.
• Store fuel safely outside living areas.

Following the manufacturer’s maintenance procedures and the above tips will help minimize safety hazards. But choosing a certified portable kerosene heater complying with ANSI Z21.11.1 is the first critical step for safer supplemental heating in New Jersey homes and businesses.

References

[1] New Jersey Permanent Statutes Database: https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-40-7/

[2] New Jersey Senate Energy and Environment Committee: https://www.njleg.state.nj.us/legislativepub/reports/kerosen.html

[3] American National Standards Institute: https://webstore.ansi.org/standards/ansi/ansiz2111975r2014

[4] New Jersey Department of Community Affairs: https://www.nj.gov/dca/divisions/dfs/publications/factsheets/kerosene.html