CT
Connecticut House Bill HB05180

Connecticut 2016 Regular Session

Connecticut House Bill HB05180 Compare Versions

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1-Substitute House Bill No. 5180
1+General Assembly Substitute Bill No. 5180
2+February Session, 2016 *_____HB05180APP___041916____*
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3-Public Act No. 16-45
4+General Assembly
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5-AN ACT CONCERNING CONCRETE FOUNDATIONS.
6+Substitute Bill No. 5180
7+
8+February Session, 2016
9+
10+*_____HB05180APP___041916____*
11+
12+AN ACT CONCERNING CONCRETE FOUNDATIONS AND SEPTIC TANKS.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (NEW) (Effective October 1, 2016) Prior to the issuance of a certificate of occupancy for a new residential or commercial building for which a concrete foundation was installed on or after October 1, 2016, the applicant shall provide the building official with written documentation of the name of the individual or entity that supplied the concrete and the name of the individual or entity that installed the concrete. Copies of such documentation shall be maintained in the records of the office of the building official for not less than fifty years.
16+Section 1. Subsection (d) of section 20-327b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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11-Sec. 2. (NEW) (Effective from passage and applicable to assessment years commencing on or after October 1, 2016) (a) Any owner of a residential building who has obtained a written evaluation from a professional engineer licensed pursuant to chapter 391 of the general statutes indicating that the foundation of such residential building was made with defective concrete may provide a copy of such evaluation to the assessor and request a reassessment of the residential building by the assessor. Not later than ninety days after receipt of a copy of such evaluation, or prior to the commencement of the assessment year next following, whichever is earlier, the assessor, member of the assessor's staff or person designated by the assessor shall inspect the residential building and adjust its assessment to reflect its current value. Such reassessment may be appealed pursuant to section 12-111 of the general statutes. Any reassessment under this section shall apply for five assessment years, notwithstanding the provisions of section 12-62 of the general statutes.
18+(d) (1) Not later than January 1, 2013, the Commissioner of Consumer Protection shall, by regulations adopted in accordance with the provisions of chapter 54, prescribe the form of the written residential disclosure report required by this section and sections 20-327c to 20-327e, inclusive. The regulations shall provide that the form include information concerning:
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13-(b) An owner of a residential building that has obtained a reassessment pursuant to this section shall notify the assessor if the concrete foundation is repaired or replaced during the five assessment years for which the reassessment is effective. Such notification shall be made in writing within thirty days of the repair or replacement of the concrete foundation. Not later than ninety days after receipt of such notification, or prior to the commencement of the assessment year next following, whichever is earlier, the assessor, member of the assessor's staff or person designated by the assessor shall inspect the residential building and adjust its assessment to reflect its current value.
20+(A) Municipal assessments, including, but not limited to, sewer or water charges applicable to the property. Such information shall include: (i) Whether such assessment is in effect and the amount of the assessment; (ii) whether there is an assessment on the property that has not been paid, and if so, the amount of the unpaid assessment; and (iii) to the extent of the seller's knowledge, whether there is reason to believe that the municipality may impose an assessment in the future;
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15-Sec. 3. (Effective July 1, 2016) Not later than January 1, 2017, the Commissioner of Consumer Protection, after consulting with the Attorney General, shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to planning and zoning, on the potential cause or causes of failing concrete foundations. Not later than January 1, 2017, the Commissioner of Consumer Protection shall post such report on the Department of Consumer Protection's Internet web site.
22+(B) Leased items on the premises, including, but not limited to, propane fuel tanks, water heaters, major appliances and alarm systems;
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17-Sec. 4. (NEW) (Effective from passage) Any documentation provided to or obtained by an executive branch agency, including documentation provided or obtained prior to the effective date of this section, relating to claims of faulty or failing concrete foundations in residential buildings by the owners of such residential buildings, and documents prepared by an executive branch agency relating to such documentation, shall be maintained as confidential by such agency for not less than seven years after the date of receipt of the documentation or seven years after the effective date of this section, whichever is later.
24+(C) (i) Whether the real property is located in a municipally designated village district or municipally designated historic district or has been designated on the National Register of Historic Places, and (ii) a statement that information concerning village districts and historic districts may be obtained from the municipality's village or historic district commission, if applicable.
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19-Sec. 5. Subsection (b) of section 1-210 of the 2016 supplement to the general statutes is amended by adding subdivision (28) as follows (Effective from passage):
26+(2) Such form of the written residential disclosure report shall contain the following:
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21-(NEW) (28) Any documentation provided to or obtained by an executive branch agency, including documentation provided or obtained prior to the effective date of this section, relating to claims of faulty or failing concrete foundations in residential buildings by the owners of such residential buildings, and documents prepared by an executive branch agency relating to such documentation, for seven years after the date of receipt of the documentation or seven years after the effective date of this section, whichever is later.
28+(A) A certification by the seller in the following form:
29+
30+"To the extent of the seller's knowledge as a property owner, the seller acknowledges that the information contained above is true and accurate for those areas of the property listed. In the event a real estate broker or salesperson is utilized, the seller authorizes the brokers or salespersons to provide the above information to prospective buyers, selling agents or buyers' agents.
31+
32+
33+
34+T1 .... (Date) .... (Seller)
35+T2 .... (Date) .... (Seller)"
36+
37+T1
38+
39+.... (Date)
40+
41+.... (Seller)
42+
43+T2
44+
45+.... (Date)
46+
47+.... (Seller)"
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49+(B) A certification by the buyer in the following form:
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51+"The buyer is urged to carefully inspect the property and, if desired, to have the property inspected by an expert. The buyer understands that there are areas of the property for which the seller has no knowledge and that this disclosure statement does not encompass those areas. The buyer also acknowledges that the buyer has read and received a signed copy of this statement from the seller or seller's agent.
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53+
54+
55+T3 .... (Date) .... (Seller)
56+T4 .... (Date) .... (Seller)"
57+
58+T3
59+
60+.... (Date)
61+
62+.... (Seller)
63+
64+T4
65+
66+.... (Date)
67+
68+.... (Seller)"
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70+(C) A statement concerning the responsibility of real estate brokers in the following form:
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72+"This report in no way relieves a real estate broker of the broker's obligation under the provisions of section 20-328-5a of the Regulations of Connecticut State Agencies to disclose any material facts. Failure to do so could result in punitive action taken against the broker, such as fines, suspension or revocation of license."
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74+(D) A statement that any representations made by the seller on the written residential disclosure report shall not constitute a warranty to the buyer.
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76+(E) A statement that the written residential disclosure report is not a substitute for inspections, tests and other methods of determining the physical condition of property.
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78+(F) Information concerning environmental matters such as lead, radon, subsurface sewage disposal, flood hazards and, if the residence is or will be served by well water, as defined in section 21a-150, the results of any water test performed for volatile organic compounds and such other topics as the Commissioner of Consumer Protection may determine would be of interest to a buyer.
79+
80+(G) A statement that information concerning the residence address of a person convicted of a crime may be available from law enforcement agencies or the Department of Emergency Services and Public Protection and that the Department of Emergency Services and Public Protection maintains a site on the Internet listing information about the residence address of persons required to register under section 54-251, 54-252, 54-253 or 54-254, who have so registered.
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82+(H) If the property is located in a common interest community, whether the property is subject to any community or association dues or fees.
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84+(I) Whether, during the seller's period of ownership, there is or has ever been an underground storage tank located on the property, and, if there is or was, if it has been removed. If such underground storage tank has been removed, such seller shall state when it was removed, who removed it and shall provide any and all written documentation of such removal within the seller's possession and control.
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86+(J) A statement that the prospective purchaser should consult with the municipal building official in the municipality in which the property is located to confirm that building permits and certificates of occupancy have been issued for work on the property, where applicable.
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88+(K) A statement that the prospective purchaser should have the property inspected by a licensed home inspector, and that such inspection should include an evaluation of any concrete foundation or concrete septic tank on the premises for the presence of oxidizing minerals and damage to such concrete foundation or concrete septic tank caused by oxidizing minerals.
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90+(L) A question as to whether the seller is aware of any prior or pending litigation, government agency or administrative action, order or lien on the premises related to the release of any hazardous substance.
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92+(M) Whether there are smoke detectors and carbon monoxide detectors located in a dwelling on the premises, the number of such detectors, whether there have been any problems with such detectors and an explanation of any such problems.
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94+Sec. 2. (NEW) (Effective October 1, 2016) Prior to the issuance of a certificate of occupancy for a new residential or commercial building for which a concrete foundation or concrete septic tank was installed on or after October 1, 2016, the applicant shall (1) provide the building official with written documentation of the name of the individual or entity that supplied the concrete, the name of the individual or entity that installed the concrete and the date or dates on which the concrete was installed, and (2) file the results of an analysis of the contents of the aggregate used in such concrete with the Department of Consumer Protection. Such analysis shall comply with standards adopted by the Department of Consumer Protection, in a form prescribed by the Department of Consumer Protection, and shall include, but not be limited to, an examination for the presence of any oxidizing minerals. On and after October 1, 2016, no certificate of occupancy may be issued for a new residential or commercial building for which a concrete foundation or concrete septic tank was installed unless such documentation has been provided in accordance with this section. Copies of such documentation shall be maintained electronically in the records of the Department of Consumer Protection for not less than fifty years.
95+
96+Sec. 3. (NEW) (Effective October 1, 2016, and applicable to assessment years commencing on or after said date) (a) Any owner of a residential building who has obtained a written evaluation from a professional engineer licensed pursuant to chapter 391 of the general statutes indicating that the concrete foundation of such residential building has been damaged by oxidizing minerals may provide a copy of such evaluation to the assessor and request a revaluation of the residential building by the assessor. Upon receipt of a copy of such evaluation, the assessor, member of the assessor's staff or person designated by the assessor shall inspect and revalue the residential building accordingly. Such revaluation shall apply for five assessment years, notwithstanding the provisions of section 12-62 of the general statutes.
97+
98+(b) An owner of a residential building that has obtained a revaluation pursuant to this section shall notify the assessor, in writing, if the concrete foundation is repaired or replaced during the five assessment years for which the revaluation is effective. The assessor, member of the assessor's staff or person designated by the assessor shall inspect the residential building and adjust the revaluation accordingly.
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100+Sec. 4. (Effective July 1, 2016) The Commissioner of Consumer Protection shall investigate methods available to remediate failing concrete foundations in residential buildings, and failing residential concrete septic tanks, other than removal of such foundations and septic tanks, and report all findings, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to planning and zoning not later than July 1, 2017. If no such methods exist, the Commissioner of Consumer Protection shall so indicate.
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102+Sec. 5. (Effective July 1, 2016) Not later than July 1, 2017, the Commissioner of Consumer Protection, after consulting with the Attorney General, shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to planning and zoning, on the rights and obligations of unit owners and unit owners' associations in condominiums, common interest communities and planned communities with respect to failing concrete foundations and failing concrete septic tanks. Not later than July 1, 2017, the Commissioner of Consumer Protection shall post such report on the Department of Consumer Protection's Internet web site.
103+
104+Sec. 6. (NEW) (Effective from passage) Any documentation provided to or obtained by the Department of Consumer Protection relating to claims of faulty or failing concrete foundations in residential buildings by owners of such residential buildings shall be maintained as confidential by the department for not less than three years.
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106+
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109+This act shall take effect as follows and shall amend the following sections:
110+Section 1 October 1, 2016 20-327b(d)
111+Sec. 2 October 1, 2016 New section
112+Sec. 3 October 1, 2016, and applicable to assessment years commencing on or after said date New section
113+Sec. 4 July 1, 2016 New section
114+Sec. 5 July 1, 2016 New section
115+Sec. 6 from passage New section
116+
117+This act shall take effect as follows and shall amend the following sections:
118+
119+Section 1
120+
121+October 1, 2016
122+
123+20-327b(d)
124+
125+Sec. 2
126+
127+October 1, 2016
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129+New section
130+
131+Sec. 3
132+
133+October 1, 2016, and applicable to assessment years commencing on or after said date
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135+New section
136+
137+Sec. 4
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139+July 1, 2016
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141+New section
142+
143+Sec. 5
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145+July 1, 2016
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147+New section
148+
149+Sec. 6
150+
151+from passage
152+
153+New section
154+
155+
156+
157+APP Joint Favorable Subst.
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159+APP
160+
161+Joint Favorable Subst.