HOUSE COMMITTEE ON CORPORATIONS
NOTICE OF MEETING
DATE: Tuesday, March 27, 2018 TIME: Rise of the House
PLACE: Room 203 – State House
2018 — H 7783
STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2018
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:
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”.
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 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.
LC004596 – Page 2 of 4
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.
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