425 ILCS 65/ Space Heating Safety Act.

(425 ILCS 65/1) (from Ch. 127 1/2, par. 701)

Sec. 1. Statement of Purpose and Intent. It is hereby declared the purpose of this Act is to provide standards for the safe use of listed portable kerosene fueled heaters offered for sale or sold or used in this State.

The intent of this Act is to reasonably assure that both domestic and imported portable kerosene fueled heaters offered for sale to, sold to or used by the inhabitants of this State comply with the minimum safety standards of design and performance that are listed by an independent testing laboratory to assure compliance with appropriate standards.

(Source: P.A. 84-834.)

(425 ILCS 65/2) (from Ch. 127 1/2, par. 702)

Sec. 2. This Act may be cited as the Space Heating Safety Act.

(Source: P.A. 86-1475.)

(425 ILCS 65/3) (from Ch. 127 1/2, par. 703)

Sec. 3. Definitions. As used in this Act, the following terms shall have the following meanings:

(a) "Integral Reservoir" means the container for the supply of fuel held within the heating unit.

(b) "Self-supporting heater" means any heater with an integral reservoir for fuel.

(c) "Portable Kerosene Fueled Heater" means any nonflue-connected, self-contained, self-supporting, kerosene fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another, but excluding any heater designed to be used solely in buildings under construction, or for agricultural purposes.

(d) "Nationally Recognized Testing Laboratory" means any of the following testing or inspection agencies: Underwriters Laboratories, Inc., Canadian Standards Association, Factory Mutual System, and Applied Research Laboratories of Florida, Inc.

(e) "Listed heater" means any portable oil fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing laboratory, and which is certified to comply with minimum standards of design and performance required by Underwriter's Laboratory Subject 647 (1984), and which has been authorized by the Office of State Fire Marshal as being reasonably safe for its specific purpose and shown in a list published by such agency and bears the mark of such agency as an indication that it has been so authorized. Any evaluation shall include but not be limited to evaluation of the design and labeling requirements hereinafter set forth in Section 4 of this Act and shall further include certain quality control procedures that must be implemented in the manufacturing process.

(f) "Approved heater" means any listed heater is an approved heater.

(g) "Structure" means any building.

(h) "Multifamily Dwelling" means a dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the residence or home of 3 or more families or persons living independently of each other.

(i) "Residential Use" means any use in a single family dwelling, apartment house or multiple family dwelling.

(j) "Owner" means the owner of the freehold of any real property or of a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of real property.

(Source: P.A. 84-834.)

(425 ILCS 65/4) (from Ch. 127 1/2, par. 704)

Sec. 4. Design and Labeling Requirements. Approved portable kerosene fueled heaters must adhere to the following design and labeling requirements:

(a) Approved portable kerosene heaters must have labeling permanently affixed thereto containing the labeling standards of the National Kerosene Heater Association.

(b) Approved portable kerosene heaters must have:

(i) An automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conforms with the standards set forth in National Fire Protection Association (NFPA) No. 31 (1983);

(ii) A fuel capacity of not more than 2 gallons; and

(iii) Approved portable kerosene fueled heaters must be constructed with a low center of gravity and minimum tipping angle of 33 degrees from the vertical with an empty reservoir.

(Source: P.A. 84-834.)

(425 ILCS 65/5) (from Ch. 127 1/2, par. 705)

Sec. 5. Sale and Use of Approved Portable Kerosene Fueled Heaters. Approved portable kerosene fueled heaters may be offered for sale, sold or used in residential structures in this State subject to the restrictions concerning use in multifamily dwellings set forth in Section 9 of this Act or more stringent local codes or ordinances. Any approved portable kerosene fueled heater may be offered for sale, sold or used in locations other than structures unless specifically prohibited by State law, or more stringent local codes or ordinances.

(Source: P.A. 84-834.)

(425 ILCS 65/6) (from Ch. 127 1/2, par. 706)

Sec. 6. Advertising of kerosene for use in approved portable kerosene heaters.

(a) All persons who offer kerosene for sale within this State must post a conspicuous notice visible to all purchasers at the place of sale in letters at least 3 inches in height, stating whether the kerosene being sold from the storage facility is graded 1-k or 2-k as defined by the American Society for Testing and Materials.

(b) All persons who offer kerosene graded 2-k for sale within this State must post conspicuously the following notice, in letters at least 3 inches in height, near the kerosene storage tank, and next to or immediately below any listing or prices for the kerosene: "This is grade 2-k kerosene and it is not to be used in portable unvented kerosene heaters".

(Source: P.A. 90-655, eff. 7-30-98.)

(425 ILCS 65/7) (from Ch. 127 1/2, par. 707)

Sec. 7. Storage of Kerosene For Use in Approved Portable Kerosene Fueled Heater. Storage of kerosene for purposes of this Act shall meet the standards established in the National Fire Protection Association Thirty (NFPA 30) (1984), Chapter Four "Container and Portable Tank Storage" and the rules and regulations of the Office of the State Fire Marshal cited as "41 Illinois Administrative Code Part 180". All portable containers for sale or storage must be predominantly blue in color and clearly marked "Kerosene".

(Source: P.A. 84-834.)

(425 ILCS 65/8) (from Ch. 127 1/2, par. 708)

Sec. 8. Regulation of use in multifamily dwellings. The use of approved kerosene fueled heaters shall be permitted in a multifamily dwelling in accordance with the following requirements:

(i) The owner or his designated agent shall have received an authorized permit from the local fire and building authority or the State Fire Marshal.

(ii) A central storage area must be provided for the kerosene containers, wherein all containers must be stored and all refueling of the kerosene heaters must take place. The storage area shall abide by the standards listed in National Fire Protection Association (NFPA) No. Thirty (1984), Chapter Four "Container and Portable Tank Storage". Such storage area, if under the same roof as the multifamily dwelling, may not have a door opening into the interior of the multifamily dwelling. The storage area must be equipped with both a fire extinguisher meeting the standards listed in NFPA No. Thirty (1984), Chapter Four "Container and Portable Tank Storage", and smoke detection equipment meeting the requirements of NFPA No. Seventy-four (1984).

(iii) If the central storage area is not under the same roof as the multifamily dwelling, the area must meet the standards of the local fire and building authority or the standards established in NFPA No. Thirty (1984), Chapter Four "Container and Portable Tank Storage". The central storage area must be equipped with a fire extinguisher described in subsection (ii) of this Section.

(iv) No more than 60 gallons of kerosene fuel may be stored at any time within a central storage area under the same roof as a multifamily dwelling. No more than 250 gallons of kerosene fuel may be stored in a central storage area not under the same roof as the multifamily dwelling.

(v) In no event may an inhabitant of a multifamily dwelling keep kerosene fuel stored within the living quarters or common area of such entrances and hallways except for fuel contained within the tank of the kerosene heater which cannot be stored or kept in entrances or hallways.

(vi) No other combustible items or volatiles including, but not limited to, items such as paint, paint thinner, naphtha, gasoline, diesel fuel, turpentine or items with a flash point below 140 degrees Fahrenheit, may be stored in the same central storage area used for kerosene storage.

(Source: P.A. 90-655, eff. 7-30-98.)

(425 ILCS 65/9) (from Ch. 127 1/2, par. 709)

Sec. 9. Prohibited use of kerosene heaters. The use of kerosene fueled heaters will be prohibited under any circumstances in the following types of structures:

(i) nursing homes or convalescent centers;

(ii) day-care centers having children present;

(iii) any type of center for persons with disabilities;

(iv) common areas of multifamily dwellings;

(v) hospitals;

(vi) structures more than 3 stories in height; and

(vii) structures open to the public which have a capacity for 50 or more persons.

(Source: P.A. 99-143, eff. 7-27-15.)

(425 ILCS 65/10) (from Ch. 127 1/2, par. 710)

Sec. 10. Enforcement. The State Fire Marshal shall have the authority to enforce this Act.

(Source: P.A. 84-834.)

(425 ILCS 65/11) (from Ch. 127 1/2, par. 711)

Sec. 11. Penalty. Any person convicted of violating a provision of this Act shall be guilty of a Class A Misdemeanor.

(Source: P.A. 84-834.)