§ 7301. Selling without fire test; method of testing.
(a) No person shall sell or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating
purposes produced from petroleum, which will not bear the fire test of at least 115 Fahrenheit.
(b) The fire test shall be determined by the use of the Tagliabue instrument or apparatus in method and manner as follows:
Partially fill the metal cup with water about 60 Fahrenheit temperature, leaving room for displacement by the glass oil cup;
fill the glass oil cup with the oil to be tested, to within one-quarter of an inch of the top of the cup, remove all oil from
the top edge of the cup using soft paper for such purpose; see that the surface of oil in the cup is free from air bubbles;
suspend the thermometer with the bulb just below the surface of the oil; heat with a small alcohol flame; when the thermometer
indicates 100 Fahrenheit; remove flame and allow temperature to run up to 103 Fahrenheit; at which point try for flash with
small bead of fire on the end of a string, or otherwise, held not less than one-quarter of an inch above the surface of the
oil; if the oil does not flash or if it flashes and does not continue to burn, replace flame, work temperature up 4 Fahrenheit
more, then remove flame, allow temperature to run up 3 Fahrenheit more and again try to flash; if the oil flashes, or if it
flashes and does not continue to burn, repeat this operation until 114 Fahrenheit are reached, at which point, if the oil
does not flash or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than 115 fire
test; but the oil thus tested shall not be deemed or considered as of not less than 115 fire test if it flashes and continues
to burn at 114 Fahrenheit or at a lower temperature.
(c) The temperature in making the test, as set forth in subsection (b) of this section, shall not be raised or allowed to
rise in any instance faster than 2 Fahrenheit per minute.
14 Del. Laws, c. 411, § 1; 24 Del. Laws, c. 161, § 1; Code 1915, § 3454; Code 1935, § 3924; 16 Del. C. 1953, § 7301.;
§ 7302. Tests by State Chemist; fees.
(a) The State Chemist shall make tests in the method or manner as provided in § 7301 of this title to determine the fire test
of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum sold or offered for sale
in this State which any citizen thereof may forward to the State Chemist for such test. Each sample sent shall not be less
in quantity than one pint and shall be forwarded by express, charges prepaid, contained in a glass, earthen or metal receptacle
which has not been used to contain any other substance, securely sealed and accompanied by a fee of $1. If such sample stands
the legal fire test described in § 7301 of this title and will not burn below 115 Fahrenheit, the State Chemist may retain
the $1 as a fee, but in the event the sample fails to stand the legal test by burning below 115 Fahrenheit, the $1 shall be
returned to the sender and a fee of $5 charged against the dealer from whom the sample has been obtained, which shall be collected
in the same manner as fines are collected, subject to the same rights of appeal.
(b) The State Chemist may take from any reservoir, tank, barrel, can or other receptacle in this State, used for holding or
storing kerosene, headlight or other oil for illuminating purposes produced from petroleum, a sample not exceeding 1 pint
from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as provided in § 7301 of this
title.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7302.;
§ 7303. Report of test failures to Attorney General.
(a) The State Chemist, when a tested sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum
is found to be of a fire test less than that required by the provisions of § 7301 of this title, shall report the fact to
the Attorney General giving the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle
from which the tested sample was taken together with a certificate showing the result of such fire test.
(b) The Attorney General, upon receipt of the report and certificates from the State Chemist, shall proceed in a court of
competent jurisdiction against the owner or owners of the kerosene, headlight or other oil for illuminating purposes produced
from petroleum from which the tested sample was taken, if such owner or owners be individuals and against the officers thereof
if the owner of such oil be a domestic corporation and against the resident agent in this State if the owner of such oil be
a foreign corporation or nonresident individual or copartnership.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7303.;
§ 7304. Civil liability.
If any person sustains property damage or personal injury by reason of a violation of this chapter by another person, the
person guilty of the violation shall be liable to the person injured for damages sustained thereby.
14 Del. Laws, c. 411, § 3; Code 1915, § 3456; Code 1935, § 3926; 16 Del. C. 1953, § 7304; 70 Del. Laws, c. 186, § 1.;
§ 7305. Legislative intent.
It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold and
used in this State. However, fire hazards and other dangers to the health, safety and welfare of the inhabitants of this State
may exist in the absence of legislation the purpose of which is to reasonably assure that portable oil-fueled heaters offered
for sale to, sold to and used by inhabitants of this State are modern, efficient and safety tested. It is the intent of the
General Assembly to hereinafter set forth such legislation.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7305; 63 Del. Laws, c. 117, §§ 2, 3.;
§ 7306. Definitions.
As used in this chapter:
(1) "1-K" or "K-1 kerosene" means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M.
(American Society for Testing of Materials) #D3699 (1978) for 1-K.
(2) "2-K" or "K-2 kerosene" means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M.
#D3699 (1978) for 2-K.
(3) "Approved" means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters
as hereinafter set forth.
(4) "Listed" means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards
to life and property by any one of the following nationally recognized testing or inspection agencies: Underwriters Laboratories,
Inc., Canadian Standards Association, Factory Mutual System, Applied Research Laboratories of Florida, Inc., Electrical Testing
Laboratory and which has been authorized by the State Fire Prevention Commission as being reasonably safe for its specific
purpose and shown in a list published by such agency and bears the mark, name or symbol of such agency as indication that
it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter
set forth. Similar evaluations by a nationally recognized testing or inspection agency other than the above mentioned which
are approved by the State Fire Marshal may be listed as well.
(5) "Oil" means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene.
(6) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance
equipped with an integral reservoir, designed to be carried from 1 location to another.
(7) "Structure" means any building or completed construction of any kind, including but not limited to, private dwellings
or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or
buildings used solely for agricultural purposes.
63 Del. Laws, c. 117, § 4; 64 Del. Laws, c. 31, § 1.;
§ 7307. Sale and use of portable oil-fueled heaters.
Approved portable oil-fueled heaters may be offered for sale, sold and used in structures in this State; however, the use
of a portable oil-fueled heater in multi-unit residential buildings is specifically prohibited. Any portable oil-fueled heaters
which are not approved may not be offered for sale, sold or used in structures in this State. Any portable oil-fueled heater
may be offered for sale, sold and used in locations other than structures unless specifically prohibited by legislation of
this State. Any listed portable oil-fueled heater shall be approved if it satisfies the requirements hereinafter set forth
and if the supplier has certified to the State Fire Prevention Commission that it is listed and in compliance herewith.
63 Del. Laws, c. 117, § 5.;
§ 7308. Requirements for approved portable oil-fueled heaters.
Approved portable oil-fueled heaters must adhere to the following requirements:
(1) Approved portable oil-fueled heaters must have labeling affixed thereto such as to caution and inform concerning:
a. Provision of an adequate source of ventilation when the heater is in operation;
b. Use of only suitable fuel for the heater;
c. Proper manner of refueling;
d. Proper placement and handling of the heater when in operation; and
e. Proper procedures for lighting, flame regulation and extinguishing the heater.
(2) Approved portable oil-fueled heaters must be packaged with instructions such as to inform concerning proper maintenance
and operation.
(3) Approved portable oil-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.
(4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates
fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association
(NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates which create a hazard when operated as
intended and instructed.
63 Del. Laws, c. 117, § 6.;
§ 7309. Storage of kerosene.
Any portable containers in which kerosene is stored must not be red in color, nor may they be made of glass. They must be
clearly marked "kerosene".
63 Del. Laws, c. 117, § 7.;
§ 7310. Authority of State Fire Prevention Commission.
The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil-fueled
heaters and only this chapter shall govern the sale and use of portable oil-fueled heaters in this State.
63 Del. Laws, c. 117, § 7.;
§ 7311. Penalties; jurisdiction.
Whoever violates this chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction
to adjudicate offenses under this chapter.
63 Del. Laws, c. 117, § 8.;
§ 7312. Kerosene labeling requirements.
1-K and 2-K kerosene which is kept, offered, exposed for sale or sold within the State shall be properly identified as meeting
A.S.T.M. standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest or invoice)
accompanying the transfer of kerosene which is kept, offered, exposed for sale or sold in the State. Furthermore, dispensers
or retail pumps of kerosene fuels other than 1-K must bear the following warning label in a conspicious place: A.S.T.M. grade
2-K kerosene is not suitable for use in unvented (flueless) portable heaters. Evidence for the quality of 1-K or 2-K from
the supplier of kerosene shall be maintained at the retail sales location and shall be available for state inspection during
normal business hours.
64 Del. Laws, c. 31, § 2.;
§ 7313. Kerosene inspection, sampling and testing.
The weights and measures section of the State Department of Agriculture shall be responsible for the inspection, sampling
and testing of kerosene sold by dealers within the State to determine compliance with labeling requirements. Tests shall be
conducted on kerosene kept, offered, exposed for sale or sold within the State in order to determine if the product specifications
meet the minimum specifications of the type of product being sold. A "stop sale" shall be issued immediately by the Department
of Agriculture for all kerosenes found to be mislabeled or misrepresented.
64 Del. Laws, c. 31, § 2.;
§ 7314. Penalties.
Notwithstanding § 7311 of this title, persons who do not comply with labeling and/or certification provisions of §§ 7312 and
7313 of this title shall be punished by a fine of not less than $25 or more than $200, or by imprisonment for not more than
1 month, or by both such fine and imprisonment; and upon a subsequent conviction thereof, they shall be punished by a fine
of not less than $50 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment.
The Superior Court shall have jurisdiction to adjudicate offenses under this section.
§ 7301. Selling without fire test; method of testing.
(a) No person shall sell or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating
purposes produced from petroleum, which will not bear the fire test of at least 115 Fahrenheit.
(b) The fire test shall be determined by the use of the Tagliabue instrument or apparatus in method and manner as follows:
Partially fill the metal cup with water about 60 Fahrenheit temperature, leaving room for displacement by the glass oil cup;
fill the glass oil cup with the oil to be tested, to within one-quarter of an inch of the top of the cup, remove all oil from
the top edge of the cup using soft paper for such purpose; see that the surface of oil in the cup is free from air bubbles;
suspend the thermometer with the bulb just below the surface of the oil; heat with a small alcohol flame; when the thermometer
indicates 100 Fahrenheit; remove flame and allow temperature to run up to 103 Fahrenheit; at which point try for flash with
small bead of fire on the end of a string, or otherwise, held not less than one-quarter of an inch above the surface of the
oil; if the oil does not flash or if it flashes and does not continue to burn, replace flame, work temperature up 4 Fahrenheit
more, then remove flame, allow temperature to run up 3 Fahrenheit more and again try to flash; if the oil flashes, or if it
flashes and does not continue to burn, repeat this operation until 114 Fahrenheit are reached, at which point, if the oil
does not flash or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than 115 fire
test; but the oil thus tested shall not be deemed or considered as of not less than 115 fire test if it flashes and continues
to burn at 114 Fahrenheit or at a lower temperature.
(c) The temperature in making the test, as set forth in subsection (b) of this section, shall not be raised or allowed to
rise in any instance faster than 2 Fahrenheit per minute.
14 Del. Laws, c. 411, § 1; 24 Del. Laws, c. 161, § 1; Code 1915, § 3454; Code 1935, § 3924; 16 Del. C. 1953, § 7301.;
§ 7302. Tests by State Chemist; fees.
(a) The State Chemist shall make tests in the method or manner as provided in § 7301 of this title to determine the fire test
of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum sold or offered for sale
in this State which any citizen thereof may forward to the State Chemist for such test. Each sample sent shall not be less
in quantity than one pint and shall be forwarded by express, charges prepaid, contained in a glass, earthen or metal receptacle
which has not been used to contain any other substance, securely sealed and accompanied by a fee of $1. If such sample stands
the legal fire test described in § 7301 of this title and will not burn below 115 Fahrenheit, the State Chemist may retain
the $1 as a fee, but in the event the sample fails to stand the legal test by burning below 115 Fahrenheit, the $1 shall be
returned to the sender and a fee of $5 charged against the dealer from whom the sample has been obtained, which shall be collected
in the same manner as fines are collected, subject to the same rights of appeal.
(b) The State Chemist may take from any reservoir, tank, barrel, can or other receptacle in this State, used for holding or
storing kerosene, headlight or other oil for illuminating purposes produced from petroleum, a sample not exceeding 1 pint
from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as provided in § 7301 of this
title.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7302.;
§ 7303. Report of test failures to Attorney General.
(a) The State Chemist, when a tested sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum
is found to be of a fire test less than that required by the provisions of § 7301 of this title, shall report the fact to
the Attorney General giving the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle
from which the tested sample was taken together with a certificate showing the result of such fire test.
(b) The Attorney General, upon receipt of the report and certificates from the State Chemist, shall proceed in a court of
competent jurisdiction against the owner or owners of the kerosene, headlight or other oil for illuminating purposes produced
from petroleum from which the tested sample was taken, if such owner or owners be individuals and against the officers thereof
if the owner of such oil be a domestic corporation and against the resident agent in this State if the owner of such oil be
a foreign corporation or nonresident individual or copartnership.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7303.;
§ 7304. Civil liability.
If any person sustains property damage or personal injury by reason of a violation of this chapter by another person, the
person guilty of the violation shall be liable to the person injured for damages sustained thereby.
14 Del. Laws, c. 411, § 3; Code 1915, § 3456; Code 1935, § 3926; 16 Del. C. 1953, § 7304; 70 Del. Laws, c. 186, § 1.;
§ 7305. Legislative intent.
It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold and
used in this State. However, fire hazards and other dangers to the health, safety and welfare of the inhabitants of this State
may exist in the absence of legislation the purpose of which is to reasonably assure that portable oil-fueled heaters offered
for sale to, sold to and used by inhabitants of this State are modern, efficient and safety tested. It is the intent of the
General Assembly to hereinafter set forth such legislation.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7305; 63 Del. Laws, c. 117, §§ 2, 3.;
§ 7306. Definitions.
As used in this chapter:
(1) "1-K" or "K-1 kerosene" means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M.
(American Society for Testing of Materials) #D3699 (1978) for 1-K.
(2) "2-K" or "K-2 kerosene" means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M.
#D3699 (1978) for 2-K.
(3) "Approved" means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters
as hereinafter set forth.
(4) "Listed" means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards
to life and property by any one of the following nationally recognized testing or inspection agencies: Underwriters Laboratories,
Inc., Canadian Standards Association, Factory Mutual System, Applied Research Laboratories of Florida, Inc., Electrical Testing
Laboratory and which has been authorized by the State Fire Prevention Commission as being reasonably safe for its specific
purpose and shown in a list published by such agency and bears the mark, name or symbol of such agency as indication that
it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter
set forth. Similar evaluations by a nationally recognized testing or inspection agency other than the above mentioned which
are approved by the State Fire Marshal may be listed as well.
(5) "Oil" means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene.
(6) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance
equipped with an integral reservoir, designed to be carried from 1 location to another.
(7) "Structure" means any building or completed construction of any kind, including but not limited to, private dwellings
or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or
buildings used solely for agricultural purposes.
63 Del. Laws, c. 117, § 4; 64 Del. Laws, c. 31, § 1.;
§ 7307. Sale and use of portable oil-fueled heaters.
Approved portable oil-fueled heaters may be offered for sale, sold and used in structures in this State; however, the use
of a portable oil-fueled heater in multi-unit residential buildings is specifically prohibited. Any portable oil-fueled heaters
which are not approved may not be offered for sale, sold or used in structures in this State. Any portable oil-fueled heater
may be offered for sale, sold and used in locations other than structures unless specifically prohibited by legislation of
this State. Any listed portable oil-fueled heater shall be approved if it satisfies the requirements hereinafter set forth
and if the supplier has certified to the State Fire Prevention Commission that it is listed and in compliance herewith.
63 Del. Laws, c. 117, § 5.;
§ 7308. Requirements for approved portable oil-fueled heaters.
Approved portable oil-fueled heaters must adhere to the following requirements:
(1) Approved portable oil-fueled heaters must have labeling affixed thereto such as to caution and inform concerning:
a. Provision of an adequate source of ventilation when the heater is in operation;
b. Use of only suitable fuel for the heater;
c. Proper manner of refueling;
d. Proper placement and handling of the heater when in operation; and
e. Proper procedures for lighting, flame regulation and extinguishing the heater.
(2) Approved portable oil-fueled heaters must be packaged with instructions such as to inform concerning proper maintenance
and operation.
(3) Approved portable oil-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.
(4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates
fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association
(NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates which create a hazard when operated as
intended and instructed.
63 Del. Laws, c. 117, § 6.;
§ 7309. Storage of kerosene.
Any portable containers in which kerosene is stored must not be red in color, nor may they be made of glass. They must be
clearly marked "kerosene".
63 Del. Laws, c. 117, § 7.;
§ 7310. Authority of State Fire Prevention Commission.
The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil-fueled
heaters and only this chapter shall govern the sale and use of portable oil-fueled heaters in this State.
63 Del. Laws, c. 117, § 7.;
§ 7311. Penalties; jurisdiction.
Whoever violates this chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction
to adjudicate offenses under this chapter.
63 Del. Laws, c. 117, § 8.;
§ 7312. Kerosene labeling requirements.
1-K and 2-K kerosene which is kept, offered, exposed for sale or sold within the State shall be properly identified as meeting
A.S.T.M. standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest or invoice)
accompanying the transfer of kerosene which is kept, offered, exposed for sale or sold in the State. Furthermore, dispensers
or retail pumps of kerosene fuels other than 1-K must bear the following warning label in a conspicious place: A.S.T.M. grade
2-K kerosene is not suitable for use in unvented (flueless) portable heaters. Evidence for the quality of 1-K or 2-K from
the supplier of kerosene shall be maintained at the retail sales location and shall be available for state inspection during
normal business hours.
64 Del. Laws, c. 31, § 2.;
§ 7313. Kerosene inspection, sampling and testing.
The weights and measures section of the State Department of Agriculture shall be responsible for the inspection, sampling
and testing of kerosene sold by dealers within the State to determine compliance with labeling requirements. Tests shall be
conducted on kerosene kept, offered, exposed for sale or sold within the State in order to determine if the product specifications
meet the minimum specifications of the type of product being sold. A "stop sale" shall be issued immediately by the Department
of Agriculture for all kerosenes found to be mislabeled or misrepresented.
64 Del. Laws, c. 31, § 2.;
§ 7314. Penalties.
Notwithstanding § 7311 of this title, persons who do not comply with labeling and/or certification provisions of §§ 7312 and
7313 of this title shall be punished by a fine of not less than $25 or more than $200, or by imprisonment for not more than
1 month, or by both such fine and imprisonment; and upon a subsequent conviction thereof, they shall be punished by a fine
of not less than $50 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment.
The Superior Court shall have jurisdiction to adjudicate offenses under this section.
§ 7301. Selling without fire test; method of testing.
(a) No person shall sell or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating
purposes produced from petroleum, which will not bear the fire test of at least 115 Fahrenheit.
(b) The fire test shall be determined by the use of the Tagliabue instrument or apparatus in method and manner as follows:
Partially fill the metal cup with water about 60 Fahrenheit temperature, leaving room for displacement by the glass oil cup;
fill the glass oil cup with the oil to be tested, to within one-quarter of an inch of the top of the cup, remove all oil from
the top edge of the cup using soft paper for such purpose; see that the surface of oil in the cup is free from air bubbles;
suspend the thermometer with the bulb just below the surface of the oil; heat with a small alcohol flame; when the thermometer
indicates 100 Fahrenheit; remove flame and allow temperature to run up to 103 Fahrenheit; at which point try for flash with
small bead of fire on the end of a string, or otherwise, held not less than one-quarter of an inch above the surface of the
oil; if the oil does not flash or if it flashes and does not continue to burn, replace flame, work temperature up 4 Fahrenheit
more, then remove flame, allow temperature to run up 3 Fahrenheit more and again try to flash; if the oil flashes, or if it
flashes and does not continue to burn, repeat this operation until 114 Fahrenheit are reached, at which point, if the oil
does not flash or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than 115 fire
test; but the oil thus tested shall not be deemed or considered as of not less than 115 fire test if it flashes and continues
to burn at 114 Fahrenheit or at a lower temperature.
(c) The temperature in making the test, as set forth in subsection (b) of this section, shall not be raised or allowed to
rise in any instance faster than 2 Fahrenheit per minute.
14 Del. Laws, c. 411, § 1; 24 Del. Laws, c. 161, § 1; Code 1915, § 3454; Code 1935, § 3924; 16 Del. C. 1953, § 7301.;
§ 7302. Tests by State Chemist; fees.
(a) The State Chemist shall make tests in the method or manner as provided in § 7301 of this title to determine the fire test
of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum sold or offered for sale
in this State which any citizen thereof may forward to the State Chemist for such test. Each sample sent shall not be less
in quantity than one pint and shall be forwarded by express, charges prepaid, contained in a glass, earthen or metal receptacle
which has not been used to contain any other substance, securely sealed and accompanied by a fee of $1. If such sample stands
the legal fire test described in § 7301 of this title and will not burn below 115 Fahrenheit, the State Chemist may retain
the $1 as a fee, but in the event the sample fails to stand the legal test by burning below 115 Fahrenheit, the $1 shall be
returned to the sender and a fee of $5 charged against the dealer from whom the sample has been obtained, which shall be collected
in the same manner as fines are collected, subject to the same rights of appeal.
(b) The State Chemist may take from any reservoir, tank, barrel, can or other receptacle in this State, used for holding or
storing kerosene, headlight or other oil for illuminating purposes produced from petroleum, a sample not exceeding 1 pint
from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as provided in § 7301 of this
title.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7302.;
§ 7303. Report of test failures to Attorney General.
(a) The State Chemist, when a tested sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum
is found to be of a fire test less than that required by the provisions of § 7301 of this title, shall report the fact to
the Attorney General giving the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle
from which the tested sample was taken together with a certificate showing the result of such fire test.
(b) The Attorney General, upon receipt of the report and certificates from the State Chemist, shall proceed in a court of
competent jurisdiction against the owner or owners of the kerosene, headlight or other oil for illuminating purposes produced
from petroleum from which the tested sample was taken, if such owner or owners be individuals and against the officers thereof
if the owner of such oil be a domestic corporation and against the resident agent in this State if the owner of such oil be
a foreign corporation or nonresident individual or copartnership.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7303.;
§ 7304. Civil liability.
If any person sustains property damage or personal injury by reason of a violation of this chapter by another person, the
person guilty of the violation shall be liable to the person injured for damages sustained thereby.
14 Del. Laws, c. 411, § 3; Code 1915, § 3456; Code 1935, § 3926; 16 Del. C. 1953, § 7304; 70 Del. Laws, c. 186, § 1.;
§ 7305. Legislative intent.
It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold and
used in this State. However, fire hazards and other dangers to the health, safety and welfare of the inhabitants of this State
may exist in the absence of legislation the purpose of which is to reasonably assure that portable oil-fueled heaters offered
for sale to, sold to and used by inhabitants of this State are modern, efficient and safety tested. It is the intent of the
General Assembly to hereinafter set forth such legislation.
14 Del. Laws, c. 411, § 2; 24 Del. Laws, c. 161, § 2; Code 1915, § 3455; Code 1935, § 3925; 16 Del. C. 1953, § 7305; 63 Del. Laws, c. 117, §§ 2, 3.;
§ 7306. Definitions.
As used in this chapter:
(1) "1-K" or "K-1 kerosene" means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M.
(American Society for Testing of Materials) #D3699 (1978) for 1-K.
(2) "2-K" or "K-2 kerosene" means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M.
#D3699 (1978) for 2-K.
(3) "Approved" means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters
as hereinafter set forth.
(4) "Listed" means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards
to life and property by any one of the following nationally recognized testing or inspection agencies: Underwriters Laboratories,
Inc., Canadian Standards Association, Factory Mutual System, Applied Research Laboratories of Florida, Inc., Electrical Testing
Laboratory and which has been authorized by the State Fire Prevention Commission as being reasonably safe for its specific
purpose and shown in a list published by such agency and bears the mark, name or symbol of such agency as indication that
it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter
set forth. Similar evaluations by a nationally recognized testing or inspection agency other than the above mentioned which
are approved by the State Fire Marshal may be listed as well.
(5) "Oil" means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene.
(6) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance
equipped with an integral reservoir, designed to be carried from 1 location to another.
(7) "Structure" means any building or completed construction of any kind, including but not limited to, private dwellings
or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or
buildings used solely for agricultural purposes.
63 Del. Laws, c. 117, § 4; 64 Del. Laws, c. 31, § 1.;
§ 7307. Sale and use of portable oil-fueled heaters.
Approved portable oil-fueled heaters may be offered for sale, sold and used in structures in this State; however, the use
of a portable oil-fueled heater in multi-unit residential buildings is specifically prohibited. Any portable oil-fueled heaters
which are not approved may not be offered for sale, sold or used in structures in this State. Any portable oil-fueled heater
may be offered for sale, sold and used in locations other than structures unless specifically prohibited by legislation of
this State. Any listed portable oil-fueled heater shall be approved if it satisfies the requirements hereinafter set forth
and if the supplier has certified to the State Fire Prevention Commission that it is listed and in compliance herewith.
63 Del. Laws, c. 117, § 5.;
§ 7308. Requirements for approved portable oil-fueled heaters.
Approved portable oil-fueled heaters must adhere to the following requirements:
(1) Approved portable oil-fueled heaters must have labeling affixed thereto such as to caution and inform concerning:
a. Provision of an adequate source of ventilation when the heater is in operation;
b. Use of only suitable fuel for the heater;
c. Proper manner of refueling;
d. Proper placement and handling of the heater when in operation; and
e. Proper procedures for lighting, flame regulation and extinguishing the heater.
(2) Approved portable oil-fueled heaters must be packaged with instructions such as to inform concerning proper maintenance
and operation.
(3) Approved portable oil-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.
(4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates
fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association
(NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates which create a hazard when operated as
intended and instructed.
63 Del. Laws, c. 117, § 6.;
§ 7309. Storage of kerosene.
Any portable containers in which kerosene is stored must not be red in color, nor may they be made of glass. They must be
clearly marked "kerosene".
63 Del. Laws, c. 117, § 7.;
§ 7310. Authority of State Fire Prevention Commission.
The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil-fueled
heaters and only this chapter shall govern the sale and use of portable oil-fueled heaters in this State.
63 Del. Laws, c. 117, § 7.;
§ 7311. Penalties; jurisdiction.
Whoever violates this chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction
to adjudicate offenses under this chapter.
63 Del. Laws, c. 117, § 8.;
§ 7312. Kerosene labeling requirements.
1-K and 2-K kerosene which is kept, offered, exposed for sale or sold within the State shall be properly identified as meeting
A.S.T.M. standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest or invoice)
accompanying the transfer of kerosene which is kept, offered, exposed for sale or sold in the State. Furthermore, dispensers
or retail pumps of kerosene fuels other than 1-K must bear the following warning label in a conspicious place: A.S.T.M. grade
2-K kerosene is not suitable for use in unvented (flueless) portable heaters. Evidence for the quality of 1-K or 2-K from
the supplier of kerosene shall be maintained at the retail sales location and shall be available for state inspection during
normal business hours.
64 Del. Laws, c. 31, § 2.;
§ 7313. Kerosene inspection, sampling and testing.
The weights and measures section of the State Department of Agriculture shall be responsible for the inspection, sampling
and testing of kerosene sold by dealers within the State to determine compliance with labeling requirements. Tests shall be
conducted on kerosene kept, offered, exposed for sale or sold within the State in order to determine if the product specifications
meet the minimum specifications of the type of product being sold. A "stop sale" shall be issued immediately by the Department
of Agriculture for all kerosenes found to be mislabeled or misrepresented.
64 Del. Laws, c. 31, § 2.;
§ 7314. Penalties.
Notwithstanding § 7311 of this title, persons who do not comply with labeling and/or certification provisions of §§ 7312 and
7313 of this title shall be punished by a fine of not less than $25 or more than $200, or by imprisonment for not more than
1 month, or by both such fine and imprisonment; and upon a subsequent conviction thereof, they shall be punished by a fine
of not less than $50 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment.
The Superior Court shall have jurisdiction to adjudicate offenses under this section.