2023 Illinois Compiled Statutes › Chapter 425 - FIRE SAFETY › 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.)