2019 -- H 5258

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LC001148

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- NEW HOME BUYERS FIRE PROTECTION ACT

     Introduced By: Representatives Azzinaro, Morin, Casey, Price, and Solomon

     Date Introduced: January 31, 2019

     Referred To: House Small Business

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 28.40

NEW HOME BUYERS FIRE PROTECTION ACT

     23-28.40-1. Short title.

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

Act".

     23-28.40-2. Definitions.

     As used in this chapter:

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

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

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

purchasing any estate or interest in a new dwelling.

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

previously occupied, and constructed for residential use.

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

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

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

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

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

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

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

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

sprinkler system or other requested fire suppression system.

     23-28.40-4. Remedies and penalties.

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

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

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

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

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

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

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

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

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

nature prohibited by this chapter.

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

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

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

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

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

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

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

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

     23-28.40-5. New construction form.

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

for new construction that shall include the following:

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

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

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

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

two (2) family residential dwelling.

     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, 2020.

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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

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

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

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

working order.

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

construction of a new dwelling entered into on or after January 1, 2020.

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