2018 -- H 7783 | |
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LC004596 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - NEW HOME BUYERS FIRE PROTECTION ACT | |
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Introduced By: Representatives Fogarty, Casey, Morin, McEntee, and Blazejewski | |
Date Introduced: February 28, 2018 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 28.40 |
4 | NEW HOME BUYERS FIRE PROTECTION ACT |
5 | 23-28.40-1. Short title. |
6 | This act shall be known and may be cited as the "New Home Buyers Fire Protection |
7 | Act". |
8 | 23-28.40-2. Definitions. |
9 | As used in this chapter: |
10 | (1) "Builder" means any individual, trustee, partnership, corporation, or other legal entity |
11 | contracting with an owner for the construction of a new dwelling. |
12 | (2) "Buyer" means any individual, trustee, partnership, corporation, or other legal entity |
13 | purchasing any estate or interest in a new dwelling. |
14 | (3) "New dwelling" means a new one or two (2) family residential dwelling, not |
15 | previously occupied, and constructed for residential use. |
16 | 23-28.40-3. Disclosure of automatic fire sprinkler system information. |
17 | At the time of or prior to agreeing to final pricing for construction of a new dwelling with |
18 | a buyer, a builder shall provide the buyer with a copy of written materials prepared and |
19 | promulgated by the office of the state fire marshal which detail the benefits of an automatic fire |
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1 | sprinkler system. At the same time, a builder shall provide written materials including the costs |
2 | associated with the installation and maintenance of an automatic fire sprinkler system or other fire |
3 | suppression system. The buyer shall acknowledge receipt of the written materials in writing. |
4 | Upon request of the buyer, the builder shall, at the buyer's expense, install an automatic fire |
5 | sprinkler system or other requested fire suppression system. |
6 | 23-28.40-4. Remedies and penalties. |
7 | (a) In addition to any remedies the buyer may have at law or in equity, whenever it |
8 | appears to the attorney general or the state fire marshal that a person has engaged in, is engaging |
9 | in or is about to engage in any act or omission in violation of this chapter, the attorney general or |
10 | state fire marshal may institute a court proceeding or administrative proceeding. Upon a finding |
11 | that any person has willfully violated this chapter, the person shall pay for the first offense a civil |
12 | penalty not less than seventy-five dollars ($75.00) nor more than one hundred fifty dollars ($150), |
13 | and for each subsequent offense, a civil penalty not less than one hundred dollars ($100) nor more |
14 | than two hundred fifty dollars ($250). For purposes of this chapter, a willful violation occurs |
15 | when the person committing the violation knew or should have known that the conduct was of the |
16 | nature prohibited by this chapter. |
17 | (b) The remedies and penalties provided for in this section are not exclusive, and shall be |
18 | in addition to any other procedures, rights, or remedies which exist with respect to any other |
19 | provision of law including, but not limited to, criminal prosecutions and actions brought by |
20 | private parties under common or statutory law, or both; provided, there shall be no liability or |
21 | cause of action against a licensed real estate agent or real estate brokerage arising out of or related |
22 | to a builder failing to provide the information required by this chapter, or for the content of the |
23 | information. Additionally, there shall be no liability or cause of action against any nonprofit |
24 | builder using zero percent (0%) financing to the buyer. |
25 | 23-28.40-5. New construction form. |
26 | (a) The office of the state fire marshal shall develop a standard form or forms to be used |
27 | for new construction that shall include the following: |
28 | (1) "An automatic fire sprinkler system or other fire suppression systems may be |
29 | available. For further information, visit www.statefiremarshal.RI.gov." |
30 | (b) The form or forms shall also include the results of the radon test or tests required for |
31 | the new construction and the certification of working smoke detection devices within the single or |
32 | two (2) family residential dwelling. |
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1 | SECTION 2. This act shall take effect upon passage, and shall apply to any contract for |
2 | the construction of a new dwelling entered into on or after January 1, 2019. |
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LC004596 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - NEW HOME BUYERS FIRE PROTECTION ACT | |
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1 | This act would mandate that builders of new one or two (2) family residential dwellings |
2 | provide the home buyer with written information regarding the installation of an automatic fire |
3 | sprinkler system subject to civil penalties for violations enforced by the attorney general or state |
4 | fire marshal along with the results of radon tests and certify that smoke detector devices are in |
5 | working order. |
6 | This act would take effect upon passage and would apply to any contract for the |
7 | construction of a new dwelling entered into on or after January 1, 2019. |
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LC004596 | |
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