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Residential Sprinkler “Check The Box Bill” Hearing Scheduled For Tuesday March 27

March 27 @ 5:00 pm

HOUSE COMMITTEE ON CORPORATIONS

NOTICE OF MEETING

DATE: Tuesday, March 27, 2018 TIME: Rise of the House

PLACE: Room 203 – State House

  House Bill No. 7783
BY  Fogarty, Casey, Morin, McEntee, Blazejewski
ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY – NEW HOME BUYERS FIRE PROTECTION ACT (Mandates builders of new 1 and 2 family dwellings to provide written info to buyer about installation of automatic sprinkler system subject to civil penalties for violations/results of radon tests/certification of working smoke detector devices eff 1/1/19)
{LC4596/1}
02/28/2018 Introduced, referred to House Corporations

2018 — H 7783

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018 

AN ACT
RELATING TO HEALTH AND SAFETY – NEW HOME BUYERS FIRE PROTECTION ACT

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:
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

  1. 1  sprinkler system. At the same time, a builder shall provide written materials including the costs
  2. 2  associated with the installation and maintenance of an automatic fire sprinkler system or other fire
  3. 3  suppression system. The buyer shall acknowledge receipt of the written materials in writing.
  4. 4  Upon request of the buyer, the builder shall, at the buyer’s expense, install an automatic fire
  5. 5  sprinkler system or other requested fire suppression system.
  6. 6  23-28.40-4. Remedies and penalties.
  7. 7  (a) In addition to any remedies the buyer may have at law or in equity, whenever it
  8. 8  appears to the attorney general or the state fire marshal that a person has engaged in, is engaging
  9. 9  in or is about to engage in any act or omission in violation of this chapter, the attorney general or
  10. 10  state fire marshal may institute a court proceeding or administrative proceeding. Upon a finding
  11. 11  that any person has willfully violated this chapter, the person shall pay for the first offense a civil
  12. 12  penalty not less than seventy-five dollars ($75.00) nor more than one hundred fifty dollars ($150),
  13. 13  and for each subsequent offense, a civil penalty not less than one hundred dollars ($100) nor more
  14. 14  than two hundred fifty dollars ($250). For purposes of this chapter, a willful violation occurs
  15. 15  when the person committing the violation knew or should have known that the conduct was of the
  16. 16  nature prohibited by this chapter.
  17. 17  (b) The remedies and penalties provided for in this section are not exclusive, and shall be
  18. 18  in addition to any other procedures, rights, or remedies which exist with respect to any other
  19. 19  provision of law including, but not limited to, criminal prosecutions and actions brought by
  20. 20  private parties under common or statutory law, or both; provided, there shall be no liability or
  21. 21  cause of action against a licensed real estate agent or real estate brokerage arising out of or related
  22. 22  to a builder failing to provide the information required by this chapter, or for the content of the
  23. 23  information. Additionally, there shall be no liability or cause of action against any nonprofit
  24. 24  builder using zero percent (0%) financing to the buyer.
  25. 25  23-28.40-5. New construction form.
  26. 26  (a) The office of the state fire marshal shall develop a standard form or forms to be used
  27. 27  for new construction that shall include the following:
  28. 28  (1) “An automatic fire sprinkler system or other fire suppression systems may be
  29. 29  available. For further information, visit www.statefiremarshal.RI.gov.”
  30. 30  (b) The form or forms shall also include the results of the radon test or tests required for
  31. 31  the new construction and the certification of working smoke detection devices within the single or
  32. 32  two (2) family residential dwelling.

33

LC004596 – Page 2 of 4

1 2

SECTION 2. This act shall take effect upon passage, and shall apply to any contract for the construction of a new dwelling entered into on or after January 1, 2019.

======== LC004596 ========

Details

Date:
March 27
Time:
5:00 pm
Event Category:

Venue

State House
82 Smith Street
Providence, RI United States
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