2011 Connecticut Code
Title 29 Public Safety and State Police
Chapter 541 Building, Fire and Demolition Codes. Fire Marshals and Fire Hazards. Safety of Public and Other Structures
Sec. 29-317. (Formerly Sec. 29-60). *(See end of section for amended version and effective date.) Regulation of installation of oil burners. Variations or exemptions.

      Sec. 29-317. (Formerly Sec. 29-60). *(See end of section for amended version and effective date.) Regulation of installation of oil burners. Variations or exemptions. (a) The Commissioner of Public Safety shall make regulations prescribing reasonable minimum requirements for the installation of oil burners and equipment used in connection therewith, including tanks, piping, pumps, control devices and accessories. In adopting such regulations, the commissioner may adopt by reference standards concerning the installation of oil burners and equipment as set forth by the National Fire Protection Association for the prevention of injury to life and damage to property, and protection from hazards incident to the installation and operation of such oil burners and equipment.

      (b) No regulation made in accordance with this section shall be inconsistent with the provisions of section 29-316, nor apply to premises used for manufacturing nor to public service companies as defined in section 16-1, nor impair the rights of municipalities to enact ordinances and make rules and regulations for the installation of oil burners and equipment so far as such ordinances, rules and regulations specify requirements equal to, additional to or more stringent than the regulations issued under the authority of this section.

      (c) The Commissioner of Public Safety may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety and shall be made in writing.

      (d) Any person aggrieved by any such regulation or by any act of said commissioner in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such oil burner or equipment is located or, if said court is not in session, to any judge thereof, who may grant appropriate relief.

      (e) Any person who, by himself or his employee or agent, or as the employee or agent of another, violates or fails to comply with any regulation promulgated under this section shall be fined not more than one hundred dollars or imprisoned not more than six months or both.

      (1955, S. 2005d; P.A. 73-12, S. 1, 3; P.A. 74-183, S. 256, 291; P.A. 76-436, S. 219, 681; P.A. 78-280, S. 1, 5, 127; P.A. 79-610, S. 34; P.A. 85-86; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-196, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      *Note: On and after January 1, 2013, this section, as amended by section 7 of public act 09-177 and sections 1 and 6 of public act 10-54, is to read as follows:

      "Sec. 29-317. (Formerly Sec. 29-60). Regulation of installation of oil burners. Incorporation into State Fire Prevention Code. Exemption. (a) The Commissioner of Public Safety shall adopt regulations, in accordance with the provisions of chapter 54, prescribing reasonable minimum requirements for the installation of oil burners and equipment used in connection therewith, including tanks, piping, pumps, control devices and accessories. Such regulations shall be incorporated into the State Fire Prevention Code and shall include provisions for the prevention of injury to life and damage to property, and protection from hazards incident to the installation and operation of such oil burners and equipment.

      (b) No regulation made in accordance with this section shall apply to any electric company, gas company or electric distribution company as such terms are defined in section 16-1."

      (1955, S. 2005d; P.A. 73-12, S. 1, 3; P.A. 74-183, S. 256, 291; P.A. 76-436, S. 219, 681; P.A. 78-280, S. 1, 5, 127; P.A. 79-610, S. 34; P.A. 85-86; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-196, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 09-177, S. 7; P.A. 10-54, S. 1, 6.)

      History: P.A. 73-12 transferred regulation power in Subsec. (a) from commissioner of state police to labor commissioner; P.A. 74-183 added reference to judicial districts in Subsec. (c); P.A. 76-436 replaced court of common pleas with superior court in Subsec. (c), effective July 1, 1978; P.A. 78-280 deleted reference to counties and substituted "judicial district of Hartford-New Britain" for "Hartford county" in Subsec. (c); P.A. 79-610 replaced labor commissioner with commissioner of public safety in Subsec. (a); Sec. 29-60 transferred to Sec. 29-317 in 1983; P.A. 85-86 amended Subsec. (a), permitting commissioner to adopt National Fire Protection Association standards re installation of oil burners and equipment; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-196 inserted new Subsec. (c), permitting commissioner to grant variations or exemptions from, or approve alternate compliance with, provisions of regulations issued under this section, relettering remaining Subsecs. accordingly; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 09-177 amended Subsec. (a) to add provision re adoption of regulations in accordance with Ch. 54 and replace provision re National Fire Protection Association standards with provision re incorporation into State Fire Prevention Code, amended Subsec. (b) to delete requirement that regulations be consistent with Sec. 29-316, to replace "public service companies" with "electric company, gas company or electric distribution company", and to delete provision permitting municipal ordinances re oil burners and equipment that are equal to or more stringent than regulations, and deleted former Subsecs. (c) to (e) re variations or exemptions, judicial relief and penalty, effective January 1, 2011; P.A. 10-54 made a technical change in Subsec. (a), effective January 1, 2013, and changed effective date of P.A. 09-177, S. 7, from January 1, 2011, to January 1, 2013, effective May 18, 2010.

      Annotations to former section 29-60:

      Regulations cover broad field; jury should not be permitted to read at random; court should take judicial notice of applicable portion only. 149 C. 193.