New Jersey Section 2C:40-6 – Definitions

Understanding New Jersey’s Law on Creating Hazards – Section 2C:40-6 Definitions

New Jersey has laws in place to protect public health and safety by restricting activities that could create dangerous hazards. Section 2C:40-6 of the New Jersey Code of Criminal Justice provides key definitions relating to the state’s laws on creating hazards. Let’s take a look at what this section covers.

Overview of 2C:40-6

Section 2C:40-6 is part of Chapter 40 of Title 2C, which deals with “Creating a Hazard.” This section simply provides definitions for terms used throughout the chapter. The main terms defined are:

• “Portable, oil-burning heating device” – This refers to any self-contained, oil-fueled heater that is not connected to a flue. It covers things like kerosene heaters.
• “Flue” – A duct, pipe, or channel that is used to remove exhaust gases from a heating system.
• “Multiple dwelling” – A building with three or more dwelling units, like an apartment building.

So in essence, 2C:40-6 sets out definitions for the heating devices and building types regulated under this chapter. With the key terms spelled out, it provides clarity on what exactly the laws in Chapter 40 cover.

Purpose of Regulating Heating Devices

A core aim of Chapter 40 is to regulate the sale and use of portable kerosene and other oil-burning heating devices. These heaters can present fire hazards and risks of carbon monoxide poisoning if not properly designed, maintained, and used.

Sections 2C:40-7 through 2C:40-15 establish various rules around the safety testing, labeling, instructions, and features required for these heaters. The definitions in 2C:40-6 make it clear that these provisions apply broadly to any portable, self-contained oil-fueled heating device.

Bans on Use in Certain Buildings

In addition to mandating safety requirements for the heaters themselves, New Jersey law prohibits the use of portable oil-burning heating devices in certain types of buildings.

Specifically, 2C:40-13 bans use in multiple dwellings and in residences within certain densely-populated municipalities. The definition of “multiple dwelling” in 2C:40-6 clarifies that this use restriction applies to any building with three or more dwelling units, such as an apartment building.

This ban aims to prevent the risks these heaters can pose when used in confined, crowded spaces. The definitions make the scope of the prohibited buildings clear and enforceable.

Grading of Offenses

Violations of the provisions in Chapter 40 are graded as petty disorderly persons offenses under 2C:40-15. This is a minor criminal offense punishable by up to 30 days in jail and a fine of up to $500.

More serious criminal penalties can apply if improper use of a portable heater results in injury or death. Section 2C:40-22 grades knowingly causing injury while violating heating device laws as a 3rd degree crime. If death results, it becomes a 2nd degree crime.

Balancing Safety and Freedom

New Jersey’s laws regulating portable heating devices try to strike a balance between ensuring public safety and allowing people freedom in their choice of heating methods. The provisions mandating safety features provide protection without banning the heaters entirely.

However, the ban on use in multiple dwellings and crowded urban areas does impose significant restrictions. There are good-faith arguments on both sides of this issue – safety versus personal liberty. The law aims to protect citizens from harm without overreaching, but reasonable people can disagree on where to draw the line.

In a nutshell, that’s an overview of how Section 2C:40-6 fits into New Jersey’s laws on hazardous activities. By defining key terms, it provides vital clarity on the scope and purpose of the state’s regulations on portable heating devices. This section helps make the broader rules understandable and enforceable for residents, manufacturers, and law enforcement.