What the 2010 Massachusetts oil line rule says
When an oil company says a system is "not compliant," this is usually the law they mean. It covers the oil line. It does not cover the age of the tank.
The rule people call "the 2010 law" is section 38J of chapter 148 of the General Laws. The 2008 act that created it set July 1, 2010 as the start date, which is where the name comes from. Before that date arrived the legislature moved the oil line requirement to September 30, 2011. The insurance half took effect in July 2010 as planned. It is a short section and it is narrower than most people have been told.
Who it covers and what it requires
It applies to homes with one to four units that heat with oil. It applies when an oil line, supply or return, is in direct contact with concrete, earth or another floor surface.
If that is your basement, the owner has to do one of two things. Enclose the supply line in a continuous non-metallic sleeve, or have an oil safety valve installed at the tank end of the line. The statute also allows any other method the state fire board approves.
That is the entire requirement. The section does not mention how old the tank is.
Why the line and not the tank
Bare copper lying on concrete, or buried in the slab, corrodes where nobody can see it. When it lets go, the tank drains through the break by gravity. The sleeve keeps the copper off the concrete. The oil safety valve opens only while the burner's pump is pulling oil, so a broken line or an idle burner leaves it shut and the oil stays in the tank.
How to tell what you have
Follow the line from the bottom of the tank to the burner.
| What you see | What the law requires |
|---|---|
| Bare copper on the floor, or going into the concrete | A sleeve or an oil safety valve |
| Copper inside a plastic jacket, often orange | Already sleeved |
| Line runs overhead along the joists and never touches the floor | Nothing |
| Burner sits higher than the tank and the line comes off the top of the tank | Nothing |
| Valve or sleeved line installed since January 1, 1990, with paperwork | Nothing more. Keep the certificate. |
One thing that fools people: the valve with the red wheel handle at the tank is a fire valve. It has a fusible part that melts and closes it in a fire. It is not the oil safety valve this law means, and plenty of basements have one without the other.
The certificate
The work has to be done by a licensed oil burner technician, who then signs a one-page Certificate of Compliance, Department of Fire Services form FP-056A. You get a copy and a copy goes to your town's fire department. The same form is used to certify that a system is exempt.
Keep yours with the house papers. A dealer taking you on as a new customer may ask for it, and so may an insurer. If you cannot find one, ask the fire prevention office in your town whether a certificate is on file for the address.
What it costs
In 2011 the state's fact sheet put the job at $150 to $350. Expect more now. Ask for the price on the phone before anyone comes out.
The insurance this unlocks
The same 2008 act added section 4D to chapter 175, the insurance law. Every company that writes homeowners policies in Massachusetts has to make oil leak coverage available to owners of one- to four-unit homes: at least $50,000 for cleaning up your own property and at least $200,000 for claims by others, such as a neighbor whose well or basement is affected. The deductible cannot be more than $1,000 per claim.
It is optional and you have to ask for it. The state's 2011 fact sheet said most homeowners policies did not include it. The insurer can ask for proof that your system complies with the oil line rule or is exempt, which is the other reason to keep the certificate.
That fact sheet put the cleanup of a simple leak at as much as $15,000, and at $250,000 or more when oil reaches groundwater.
What the rule does not do
It does not set a maximum age for a tank. It does not require any dealer to deliver to you, and it does not forbid a dealer from delivering to an older tank. A company can still decline a tank for reasons of its own.
What it does is give "not compliant" a specific meaning in Massachusetts. If that is the reason you were given, it is usually fixed in one visit. What to do if you were refused.