2018 -- S 2752

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LC005332

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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

     

     Introduced By: Senator Walter S. Felag

     Date Introduced: March 27, 2018

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 28.40

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NEW HOME BUYERS FIRE PROTECTION ACT

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     23-28.40-1. Short title.

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     This act shall be known and may be cited as the "New Home Buyers Fire Protection

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Act".

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     23-28.40-2. Definitions.

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     As used in this chapter:

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     (1) "Builder" means any individual, trustee, partnership, corporation, or other legal entity

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contracting with an owner for the construction of a new dwelling.

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     (2) "Buyer" means any individual, trustee, partnership, corporation, or other legal entity

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purchasing any estate or interest in a new dwelling.

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     (3) "New dwelling" means a new one or two (2) family residential dwelling, not

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previously occupied, and constructed for residential use.

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     23-28.40-3. Disclosure of automatic fire sprinkler system information.

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     At the time of or prior to agreeing to final pricing for construction of a new dwelling with

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a buyer, a builder shall provide the buyer with a copy of written materials prepared and

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promulgated by the office of the state fire marshal which detail the benefits of an automatic fire

 

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sprinkler system. At the same time, a builder shall provide written materials including the costs

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associated with the installation and maintenance of an automatic fire sprinkler system or other fire

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suppression system. The buyer shall acknowledge receipt of the written materials in writing.

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Upon request of the buyer, the builder shall, at the buyer's expense, install an automatic fire

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sprinkler system or other requested fire suppression system.

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     23-28.40-4. Remedies and penalties.

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     (a) In addition to any remedies the buyer may have at law or in equity, whenever it

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appears to the attorney general or the state fire marshal that a person has engaged in, is engaging

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in or is about to engage in any act or omission in violation of this chapter, the attorney general or

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state fire marshal may institute a court proceeding or administrative proceeding. Upon a finding

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that any person has willfully violated this chapter, the person shall pay for the first offense a civil

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penalty not less than seventy-five dollars ($75.00) nor more than one hundred fifty dollars ($150),

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and for each subsequent offense, a civil penalty not less than one hundred dollars ($100) nor more

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than two hundred fifty dollars ($250). For purposes of this chapter, a willful violation occurs

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when the person committing the violation knew or should have known that the conduct was of the

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nature prohibited by this chapter.

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     (b) The remedies and penalties provided for in this section are not exclusive, and shall be

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in addition to any other procedures, rights, or remedies which exist with respect to any other

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provision of law including, but not limited to, criminal prosecutions and actions brought by

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private parties under common or statutory law, or both; provided, there shall be no liability or

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cause of action against a licensed real estate agent or real estate brokerage arising out of or related

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to a builder failing to provide the information required by this chapter, or for the content of the

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information. Additionally, there shall be no liability or cause of action against any nonprofit

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builder using zero percent (0%) financing to the buyer.

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     23-28.40-5. New construction form.

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     (a) The office of the state fire marshal shall develop a standard form or forms to be used

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for new construction that shall include the following:

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     (1) "An automatic fire sprinkler system or other fire suppression systems may be

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available. For further information, visit www.statefiremarshal.RI.gov."

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     (b) The form or forms shall also include the results of the radon test or tests required for

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the new construction and the certification of working smoke detection devices within the single or

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two (2) family residential dwelling.

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     SECTION 2. This act shall take effect upon passage, and shall apply to any contract for

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the construction of a new dwelling entered into on or after January 1, 2019.

 

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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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     This act would mandate that builders of new one or two (2) family residential dwellings

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provide the home buyer with written information regarding the installation of an automatic fire

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sprinkler system subject to civil penalties for violations enforced by the attorney general or state

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fire marshal along with the results of radon tests and certify that smoke detector devices are in

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working order.

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     This act would take effect upon passage and would apply to any contract for the

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construction of a new dwelling entered into on or after January 1, 2019.

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