Sec. 19a-214. (Formerly Sec. 19-88a). Procedure for suspension of delivery by fuel oil and bottled gas retailers to rental residences.
Sec. 19a-214. (Formerly Sec. 19-88a). Procedure for suspension of delivery by
fuel oil and bottled gas retailers to rental residences. No person, firm, corporation
or partnership supplying fuel oil or bottled gas for the purpose of heating to a residential
building which such person, firm, corporation or partnership knows, or reasonably
should know, is occupied by any person other than the owner or any other party legally
liable to the supplier for such fuel oil or bottled gas shall fail to provide such fuel oil or
bottled gas in quantities sufficient to maintain the interior of such building at sixty-five
degrees Fahrenheit, unless such supplier notifies, at least three days or, in the situation
where such supplier has a contract providing for automatic delivery, at least ten days
prior to the time such building is reasonably expected to require an additional supply
of fuel oil or bottled gas to continue to maintain the interior of the building at such
temperature, the owner or any other party legally liable to the supplier for such fuel oil
or bottled gas, the Secretary of the Office of Policy and Management and the chief health
officer of the municipality, town, city or borough in which such building is located of
his intention to discontinue such supply of fuel oil or bottled gas. Such notice shall
include: (1) The address of the residential building affected; (2) the name and if known
to the supplier of fuel oil or bottled gas, the address and telephone number of the person,
firm, corporation, or partnership or its agent financially responsible for the supply of
fuel oil or bottled gas; (3) the date on which the building is reasonably expected to
require additional supplies of fuel oil or bottled gas to maintain the interior of the building
at sixty-five degrees Fahrenheit; and (4) the reason for the refusal to provide fuel oil or
bottled gas to the residential building. Such notice shall be given by telephone or in
person during normal business hours of the municipality, town, city, or borough in which
such building is located. The person, firm, corporation, or partnership supplying fuel
oil or bottled gas shall maintain adequate records at its principal place of business of
such notice including the date, time, and person to whom such notice is given. A copy
of such record shall be mailed to the health officer, the owner or party legally liable to
the supplier for such fuel oil or bottled gas and the Secretary of the Office of Policy and
Management on the same day as the notice is given. Within twenty-four hours after
such notice is received from the fuel oil or bottled gas supplier, (A) the health officer
shall contact the owner, agent, lessor, or manager of such building and advise him of
his responsibilities pursuant to section 19a-109, and shall post notices in conspicuous
places on the premises that service may be discontinued; and (B) the health officer, or an
agent designated by the chief executive officer of the municipality, shall take reasonable
steps to notify each tenant that he may have rights and remedies under sections 47a-13
and 47a-14a. A copy of such notice shall also be delivered to each dwelling unit within
the premises. The name of the supplier shall not be mentioned in such notice. The
supplier of fuel oil or bottled gas shall not be liable to such person, firm, corporation,
or partnership financially responsible to such supplier for the supply of fuel oil or bottled
gas or its agent for any damages whatsoever caused by the negligence of such supplier
in making the notification required by the provisions of this section.
(P.A. 75-315; P.A. 77-2, S. 2, 4; Oct. Sp. Sess. P.A. 79-8, S. 1, 6.)
History: P.A. 77-2 lowered minimum temperature allowed in residential rentals where heat supplied by owner or other
legally liable person from sixty-eight to sixty-five degrees; October, 1979, P.A. 79-8 required ten days' notice of intent to
discontinue fuel supply service in cases involving contracts for automatic delivery, required notification of building owner
or legally liable person and secretary of office of policy and management, as well as of municipality's chief health officer,
and of tenants and required health officer or his agent to inform tenants of "rights and remedies" under law; Sec. 19-88a
transferred to Sec. 19a-214 in 1983.
See Secs. 16a-22 to 16a-22b, inclusive, re regulation of wholesale and retail fuel oil dealers.