Substitute Senate Bill No. 1111
Public Act No. 03-172
AN ACT CONCERNING THE SALE OF ELECTRIC, GAS AND OIL FIRED HEATING UNITS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2003) (a) As used in this section:
(1) "Electric heating unit" means a pressure vessel, indirect fired heater, furnace, heat pump or baseboard heater designed to use electricity to provide heat or domestic hot water for a one or two family residential dwelling.
(2) "Gas heating unit" means a pressure vessel, indirect fired heater, furnace, infrared heater, space heater, unit heater or gas burner designed to burn natural gas, gas or propane to provide heat or domestic hot water for a one or two family residential dwelling.
(3) "Oil fired heating unit" means a pressure vessel, indirect fired heater, furnace, unit heater, space heater or oil burner designed to burn fuel oil, kerosene or waste oil to provide heat or domestic hot water for a one or two family residential dwelling.
(4) "Commissioner" means the Commissioner of Consumer Protection.
(b) No person shall sell an electric or gas heating unit or oil fired heating unit requiring a building permit for installation in a one or two family residential dwelling unless the purchaser of the unit provides the seller with (1) the name and a copy of the occupational license of a properly licensed contractor who is purchasing the unit, or (2) verification that such building permit has been issued for the installation of the unit.
(c) Prior to releasing the unit specified in subsection (b) of this section to the purchaser, the seller shall record, in writing, the following information: (1) The date of purchase of the unit, (2) the name and address of the purchaser, (3) the contractor's name and occupational license number, if applicable, (4) a copy of the building permit and the name of the municipality that issued the permit, if applicable, and (5) the location where the unit will be installed. The seller shall maintain such records for a minimum of three years from the date of sale. The seller shall permit the commissioner, or the commissioner's authorized agents, to inspect and copy such records during normal business hours.
(d) The commissioner may impose a civil penalty of not more than one thousand dollars for each violation of this section. For purposes of this subsection, each sale of a unit in violation of subsection (b) or (c) of this section shall constitute a separate violation.
(e) The provisions of this section shall not apply to the following: (1) Manufacturers of electric or gas heating units or oil fired heating units, (2) the state or a political subdivision of the state, and (3) hearth products. As used in this subsection, "hearth products" means propane or natural gas fueled fireplaces, fireplace inserts, stoves, log sets and associated venting and accessories that simulate the flame of a solid fuel fire.
Vetoed June 26, 2003