4-276-090 Measurement of fuel oil.

   No person shall sell distillate fuels by any other than liquid measure using the standard gallon as the unit measure. No person shall sell or deliver or attempt to sell or deliver to any purchaser in excess of ten gallons of any distillate fuel unless measured at the place and time of delivery by means of a meter or five-gallon liquid measure, tested and sealed by the department; provided, that deliveries of distillate fuel in quantities of 2,000 gallons or more or of residual fuel of any quantity may be measured either through a meter or by a vehicle tank which has been tested and sealed by the department of weights and measures.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-100 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-100, which pertained to the definition of distillate fuels.

4-276-110 Distillate fuels – Meter-recording element.

   Each and every delivery from any vehicle tank or other wheeled conveyance, of distillate fuels, required to be measured by meter at the place of delivery, shall conform to the following requirements:

   (a)   The meter shall be equipped with a recording element, i.e., a ticket printing device; this element or register to print upon the delivery ticket either the gallonage reading before and after delivery or the zero indications and total number of gallons delivered.

   (b)   Any meter not now equipped with a recording element shall be so equipped within a period not to exceed 90 days from and after the effective date of this section.

   (c)   The delivery ticket shall be inserted in the recording element after the vehicle reaches the place of delivery and shall not be carried in the recording element while the vehicle is in transit.

(Added Coun. J. 12-9-92, p. 25465)

4-276-120 Distillate or residual fuel delivery requirements.

   All vehicle tank deliveries of either distillate or residual fuels shall conform to the following requirements:

   (a)   Each vehicle tank, liquid-measure device and appurtenances used in such delivery shall conform to the requirements prescribed therefor in the United States Bureau of Standards Handbook 44 in its latest form and in the laws and regulations of the State of Illinois.

   (b)   Upon completion of each delivery, the delivery ticket and at least one duplicate thereof shall be completed, and one copy thereof shall be given to the purchaser or to an agent of the purchaser or in the absence of both shall be left at the place of delivery.

   (c)   On each delivery ticket there shall be distinctly and legibly expressed the date of delivery, the name and address of the seller, the name and address of the purchaser, the gallonage reading before and after delivery or the number of gallons delivered, and the signature of the person making the delivery.

   (d)   All delivery tickets shall be serially numbered and no ticket or duplicate thereof shall be destroyed but may be voided and kept on file. At least one copy of each delivery ticket shall be retained and preserved for a period of at least two years after the date of delivery and shall be available for inspection by the commissioner.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-130 False delivery ticket – Substitute product.

   (a)   It shall be unlawful for any person to deliver or attempt to deliver to any purchaser any kind or grade of distillate fuel other than that ordered by the purchaser, unless the purchaser is notified before delivery is made.

   (b)   Any person who shall furnish to any person making or in charge of a delivery of distillate fuels or to any person to whom such a delivery is made, a false or fraudulent delivery ticket or a ticket which does not show the actual meter measurement of the quantity delivered shall, upon conviction, be fined not less than $50.00 nor more than $200.00.

   (c)   It shall be unlawful for any person to deliver or attempt to deliver to any purchaser in the City of Chicago, distillate fuels at an artificially produced temperature in excess of 60 degrees Fahrenheit.

   (d)   It shall be unlawful for any person making or in charge of delivery of distillate fuel to refuse, fail or neglect to deliver to the commissioner upon demand therefor, any ticket evidencing any delivery subject to the provisions of Sections 4-276-110 and 4-276-120 of this chapter. If the inspector or deputy desires to retain the ticket, he shall make and deliver to the person a signed receipt therefor.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-140 Vehicle tank meter – Alteration or removal.

   If, after the approval, testing and sealing by the department of any vehicle tank, meter or measuring device used in delivering distillate fuels it shall be necessary to adjust, repair or alter the same or to remove a meter from a vehicle tank to which it is affixed at the time of testing and sealing or to install the same on any other vehicle tank, immediate written notice shall be transmitted in person or by mail to the commissioner.

   All adjustable elements on such vehicle tank, meter or measuring device shall seal with a lead and wire seal by the person or agency making the adjustment, repair, alteration or removal, pending a retest by the department of business affairs and consumer protection. Any person failing to seal such adjustable elements or transmit such notice shall be subject to a penalty of not less than $25.00 nor more than $200.00 for each offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-150 Nonapplicability to certain fuel oils.

   The provisions of Sections 4-276-110 through 4-276-140 shall not apply to fuel oils delivered in packages or in tank cars by railroad, nor to deliveries by pipeline, boat or barge, nor to deliveries by any method from a refinery, pipeline terminal or boat or barge terminal into storage at a wholesale distributing plant of a liquid fuel dealer or distributor.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-160 New equipment.

   Where any new or additional equipment or appurtenance, except a meter-recording element or register, is required by the provisions of Sections 4-276-090 to 4-276-120 inclusive, a period of six months from and after the effective date of said sections shall be allowed for the procurement and installation of the same, provided that the commissioner shall allow additional grace periods of not to exceed six months each for such procurement and installation if it appears that such additional time is necessary because the equipment or appurtenance cannot be obtained and installed during the time theretofore allowed.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-170 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-170, which pertained to the definition of standard avoirdupois weight.