ADVISORY

To: All Heads of Fire Departments
From: Stephen D. Coan, State Fire Marshal
Date: September 6 , 2005
Re: Gas Appliances

We are receiving reports that many retail locations are selling gas appliances in violation of M.G.L. 148 Section 25E. We ask that you share this information with your local gas/plumbing inspector to ensure compliance with the law. We also ask that you try to share this information with retail locations that sell gas appliances in your community. If you find any for sale, please issue and order to remove all appliances in violation if this law.

Chapter 148: Section 25E - Residential Gas Appliances, Sale or Installation

Section 25E. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Gas appliance'', any furnace, air conditioner, heater, refrigerator, stove, range, dishwasher, clothes dryer, clothes washer, or other such device, which uses a gaseous fuel other than propane for the operation thereof, and which is manufactured after June first, nineteen hundred and eighty-eight and is automatically ignited by a means other than an intermittent ignition device, but not including a water heater which heats water for domestic use, a kitchen heating range or a space heater.

"Automatic gas appliance'', any furnace, air conditioner, heater, refrigerator, stove, range, dishwasher, clothes dryer, clothes washer, or other such device, which uses a gaseous fuel other than propane for the operation thereof, and which is manufactured after the effective date of this section, and is automatically ignited by an intermittent ignition device, but not including a water heater which heats water for domestic use, a kitchen heating range or a space heater.

"Residence'', any building or structure in this state used principally for dwelling purposes, including, but not limited to single and multiple family dwellings or residences of any nature, including apartments, apartment buildings, apartment projects, condominiums and manufactured homes, but not including hotels or motels.

"Intermittent ignition device'', a device which ignites an automatic gas appliance to begin normal operation thereof, and which is activated only at the time such automatic gas appliance is to be so ignited.

It shall be unlawful to:

(a) Sell or offer for sale by advertisement or otherwise or display for sale, gas appliances for use in, or in connection with, a residence.

(b) Install or cause to be installed a gas appliance in a residence.

(c) Import into the Commonwealth a gas appliance for use in, or in connection with, a residence.

(d) Deliver in the Commonwealth after sale or pursuant to a contract for a sale of a gas appliance for use in, or in connection with, a residence.

(e) Sell or display for sale an automatic gas appliance, for use in, or in connection with a residence, unless such automatic gas appliance is labeled in a manner visible to the purchaser or prospective purchaser with the words "intermittent ignition''.

Any violation of the provisions of this section shall be punished by a fine not to exceed five hundred dollars for each such violation; provided, however, that each day of a continuing violation shall constitute a separate and distinct offense.

The distinction is that "gas appliances" as opposed to "automatic gas appliances" are unlawful as specified because they are not automatically ignited by an "intermittent ignition device."

If you have any questions, please contact our Compliance and Enforcement office at 978-567-3375 or in Western MA 413-587-3181.

SDC/bhs