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General Assembly Raised Bill No. 1010
January Session, 2019
LCO No. 5087
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING TH E DISCLOSURE OF DAMS AND SIMILAR
STRUCTURES BY OWNERS OF REAL PROPERTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-409 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) The commissioner shall cause a survey and maps to be made of 3
each town showing the location of any dams or similar structures 4
within such town, and shall file a copy of such map with the town 5
clerk. On and after October 1, [2007] 2019, the owner of real property 6
where a [high hazard or significant hazard] dam is located shall cause 7
to be recorded on the land records in the municipality where the 8
property is located a document that identifies the existence of the dam 9
and whether the dam is categorized as a high hazard dam or a 10
significant hazard dam. The commissioner shall publish a 11
standardized form to be used for such purposes. 12
(b) The owner of any dam or similar structure that, by failing, may 13
endanger life or property and that is not already registered shall 14 Raised Bill No. 1010
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register on or before October 1, 2015, with the Commissioner of Energy 15
and Environmental Protection on a form prescribed by the 16
commissioner, the location and dimensions of such dam or structure 17
and such other information as the commissioner may require. Any 18
information reported on such form that the commissioner cannot 19
otherwise independently obtain shall not be used by the commissioner 20
to order the payment of a civil penalty pursuant to section 22a-6d or 21
22a-407 provided such form is submitted to the commissioner on or 22
before October 1, 2015. The fee for registration shall be as follows: (1) 23
Dams or similar structures five feet or more in height but less than 24
fifteen feet, fifty dollars; (2) dams or similar structures fifteen feet or 25
more in height but less than twenty-five feet, one hundred dollars; and 26
(3) dams or similar structures twenty-five feet or more in height, two 27
hundred dollars. Dams or similar structures less than five feet in 28
height shall be registered without fee. As used in this subsection, 29
"height" means the vertical distance from the crest of a dam or similar 30
structure to the downstream toe of such dam or similar structure. The 31
owner of any dam or similar structure shall notify the commissioner 32
by registered or certified mail, return receipt requested, of a transfer of 33
ownership of such dam or similar structure not later than ten days 34
after the date of such transfer. 35
(c) The commissioner shall notify the owner of any dam or similar 36
structure registered pursuant to subsection (b) of this section, in 37
writing, by certified mail, return receipt requested, not later than 38
January fifteenth of any year in which inspection of such dam is due. 39
Such notice shall identify the classification of such dam, as set forth in 40
the regulations adopted pursuant to this subsection, and include a 41
statement of the frequency for such inspection, as set forth in such 42
regulations. Upon receipt of such timely notification by the 43
commissioner, the owner of any such dam or similar structure shall 44
cause such structure to be inspected in accordance with the regulations 45
adopted pursuant to this subsection by a registered professional 46
engineer licensed in the state and shall, not later than March fifteenth 47
of the following year, submit the results of such inspection to the 48 Raised Bill No. 1010
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commissioner on a form prescribed by the commissioner. The 49
commissioner shall periodically inspect dams registered pursuant to 50
subsection (b) of this section for quality assurance when an owner fails 51
to undertake a regularly scheduled inspection and as necessary after a 52
flood event. The fee for any such inspection shall be six hundred sixty 53
dollars until such time as regulations are adopted concerning such 54
inspection fees. Any dam which impounds less than three acre-feet of 55
water or any dam which the commissioner finds has a potential for 56
negligible damage in the event of a failure, after an initial inspection, 57
shall be exempt from the provisions of this subsection except upon 58
determination by the commissioner that such dam poses a unique 59
hazard. The commissioner shall adopt regulations in accordance with 60
the provisions of chapter 54 establishing (1) a schedule for the 61
frequency of and procedures for inspection of dams, (2) the inspection 62
fees for inspections undertaken by the department, sufficient to cover 63
the reasonable cost of such inspections, (3) procedures for registration 64
and criteria for waiver of registration and inspection fees, and (4) 65
criteria for determining whether a dam has a potential for negligible 66
damage in the event of a failure. 67
(d) Not later than fifteen days prior to the signing of any purchase 68
and sale agreement, the owner of any dam or similar structure shall 69
notify a prospective buyer of the real property on which such dam or 70
similar structure is located (1) of the existence of such dam or 71
structure; (2) whether such dam or similar structure is categorized as a 72
high hazard or significant hazard; and (3) of the results of the most 73
recent inspection of such dam or similar structure conducted pursuant 74
to subsection (c) of this section. 75
Sec. 2. Subsection (d) of section 20-327b of the general statutes is 76
repealed and the following is substituted in lieu thereof (Effective July 77
1, 2019): 78
(d) The Commissioner of Consumer Protection shall prescribe the 79
written residential disclosure report required by this section and 80
sections 20-327c to 20-327e, inclusive. The written residential 81 Raised Bill No. 1010
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disclosure report shall be based upon a template that the commissioner 82
shall prescribe. Such template shall: Fit on pages being not more than 83
eight and one-half inches in height and eleven inches in width, with 84
type size no smaller than nine-point type, other than checkboxes or 85
section headers, which may be in a smaller size; include the address of 86
the subject property on each page; include page numbers on each page; 87
include section headings in bold type and include space for the buyer 88
and the seller's initials on each page, except the signature page. The 89
report shall contain the following, in the order indicated: 90
(1) A section entitled "Instructions to Sellers" 91
You MUST answer ALL questions to the best of your knowledge. 92
Identify/Disclose any problems regarding the subject property. 93
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS 94
FORM ON YOUR BEHALF. 95
UNK means Unknown, N/A means Not Applicable. 96
If you need additional space to complete any answer or explanation, 97
attach additional page(s) to this form. Include subject property 98
address, seller's name and the date. 99
(2) Pursuant to the Uniform Property Condition Disclosure Act, the 100
seller is obligated to answer the following questions and to disclose 101
herein any knowledge of any problem regarding the following: 102
(A) A subsection entitled "Subject Property" 103
(i) Name of seller(s) 104
(ii) Street address, municipality, zip code 105
(B) A subsection entitled "General Information" 106
(i) Indicate the YEAR the structure was built: 107 Raised Bill No. 1010
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(ii) Indicate HOW LONG you have occupied the property: If not 108
applicable, indicate with N/A. 109
(iii) Does anyone else claim to own any part of your property, 110
including, but not limited to, any encroachment(s)? If YES, explain: 111
(iv) Does anyone other than you have or claim to have any right to 112
use any part of your property, including, but not limited to, any 113
easement or right-of-way? If YES, explain: 114
(v) Is the property in a flood hazard area or an inland wetlands 115
area? If YES, explain: 116
(vi) Is a dam or similar structure that is required to be recorded or 117
registered pursuant to section 22a-409 of the general statutes located 118
on the property? If YES, has the dam or structure been recorded or 119
registered on town land records, has the dam or structure been 120
categorized as a high hazard or significant hazard, and when was the 121
dam or structure last inspected? Provide any and all written 122
documentation concerning such inspection within your control or 123
possession by attaching a copy of such documentation to this form. 124
[(vi)] (vii) Do you have any reason to believe that the municipality 125
in which the subject property is located may impose any assessment 126
for purposes such as sewer installation, sewer improvements, water 127
main installation, water main improvements, sidewalks or other 128
improvements? If YES, explain: 129
[(vii)] (viii) Is the property located in a municipally designated 130
village district, municipally designated historic district or listed on the 131
National Register of Historic Places? If YES, explain: 132
[(viii)] (ix) Special Statement: Information concerning village 133
districts and historic districts may be obtained from the municipality's 134
village or historic district commission, if applicable. 135
[(ix)] (x) Is the property located in a special tax district? If YES, 136
[please] explain: 137 Raised Bill No. 1010
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[(x)] (xi) Is the property subject to any type of land use restrictions, 138
other than those contained within the property's chain of title or that 139
are necessary to comply with state laws or municipal zoning? If YES, 140
explain: 141
[(xi)] (xii) Is the property located in a common interest community? 142
If YES, is it subject to any community or association dues or fees? 143
Please explain: 144
[(xii)] (xiii) Do you have any knowledge of prior or pending 145
litigation, government agency or administrative actions, orders or liens 146
on the property related to the release of any hazardous substance? If 147
YES, [please] explain: 148
(C) A subsection entitled "Leased Equipment" 149
Does the property include any Leased or Rented Equipment that 150
would necessitate or obligate either of the following: The assignment 151
or transfer of the lease or rental agreement(s) to the buyer or the 152
replacement or substitution of the equipment by the buyer? If YES, 153
indicate by checking ALL items that apply: PROPANE FUEL TANK; 154
WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM 155
SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMEN T 156
SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 157
(D) A subsection entitled "Mechanical/Utility Systems" 158
(i) Heating system problems? If YES, explain. List Fuel Types. 159
(ii) Hot water heater Type: Age: Hot water problems? If YES, 160
explain: 161
(iii) Is there an underground storage tank? If YES, give AGE of tank 162
and LOCATION. 163
(iv) Are you aware of any problems with the underground storage 164
tank? If YES, explain: 165 Raised Bill No. 1010
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(v) During the time you have owned the property, has there ever 166
been an underground storage tank located on the property? If YES, has 167
it been removed? If YES, what was the date of removal and what was 168
the name and address of the person or business who removed such 169
underground storage tank? Provide any and all written documentation 170
of such removal within your control or possession by attaching a copy 171
of such documentation to this form. 172
(vi) Air conditioning problems? If YES, explain: Air conditioning 173
Type: Central; Window; Other 174
(vii) Plumbing system problems? If YES, explain: 175
(viii) Electrical System problems? If YES, explain: 176
(ix) Electronic security system problems? If YES, explain: 177
(x) Are there carbon monoxide or smoke detectors located in a 178
dwelling on the property? If YES, state the NUMBER of such detectors 179
and whether there have been problems with such detectors; 180
(xi) Fire sprinkler system problems? If YES, explain: 181
(E) A subsection entitled "Water System" 182
(i) Domestic Water System Type: Public; Private Well; Other 183
(ii) If Public Water: 184
(I) Is there a separate expense/fee for water usage? If YES, is the 185
expense/fee for water usage flat or metered? Give the AMOUNT and 186
explain: 187
(II) Are there any UNPAID water charges? If YES, state the amount 188
unpaid: 189
(iii) If Private Well: 190
Has the well water been tested for contaminants/volatile organic 191 Raised Bill No. 1010
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compounds? If YES, attach a copy of the report. 192
(iv) If Public Water or Private Well: Are you aware of any problems 193
with the well, or with the water quality, quantity, recovery, or 194
pressure? If YES, explain: 195
(F) A subsection entitled "Sewage Disposal System" 196
(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 197
(ii) If Public Sewer: 198
(I) Is there a separate charge made for sewer use? If YES, is it Flat or 199
Metered? 200
(II) If it is a Flat amount, state amount and due dates: 201
(III) Are there any UNPAID sewer charges? If any unpaid sewer 202
charges, state the amount: 203
(iii) If Private: 204
(I) Name of service company 205
(II) Date last pumped: AND frequency: 206
(III) For any sewage system, are there problems? If YES, explain: 207
(G) A subsection entitled "Asbestos/Lead" 208
(i) Are asbestos containing insulation or building materials present? 209
If YES, location: 210
(ii) Is lead paint present? If YES, location: 211
(iii) Is lead plumbing present? If YES, location: 212
(H) A subsection entitled "Building/Structure/Improvements" 213
(i) Is the foundation made of concrete? If NO, explain: 214 Raised Bill No. 1010
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(ii) Foundation/Slab problems or settling? If YES, explain: 215
(iii) Basement Water Seepage/Dampness? If YES, explain Amount, 216
Frequency and Location: 217
(iv) Sump pump problems? If YES, explain: 218
(v) Do you have any knowledge of any testing or inspection done by 219
a licensed professional related to a foundation on the property? If YES, 220
attach a copy of the report. 221
(vi) Do you have any knowledge of any repairs related to a 222
foundation on the property? If YES, explain: 223
(vii) Roof type; Age? 224
(viii) Roof leaks? If YES, explain: 225
(ix) Exterior siding problems? If YES, explain: 226
(x) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 227
explain: 228
(xi) Patio/deck problems? If YES, explain: 229
(xii) If constructed of Wood, is the Wood Treated or Untreated? 230
(xiii) Driveway problems? If YES, explain: 231
(xiv) Water drainage problems? If YES, explain: 232
(xv) Interior Floor, Wall and/or Ceiling problems? If YES, explain: 233
(xvi) Fire and/or Smoke damage? If YES, explain: 234
(xvii) Termite, Insect, Rodent or Pest Infestation problems? If YES, 235
explain: 236
(xviii) Rot or Water damage problems? If YES, explain: 237
(xix) Is house insulated? If YES, Type: Location: 238 Raised Bill No. 1010
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(xx) Has a test for Radon been performed? If YES, attach a copy of 239
the report. 240
(xxi) Is there a Radon Control System in place? If YES, explain: 241
(xxii) Has a Radon control system been in place in the previous 12 242
months? If YES, explain: 243
(I) The Seller should attach additional pages to further explain any 244
item(s) above. Indicate here the number of additional pages attached: 245
(J) Questions contained in subparagraphs (A) to (I), inclusive, of this 246
subdivision shall contain checkboxes indicating "yes", "no", "not 247
applicable" or "unknown". 248
(3) The written residential disclosure report shall contain the 249
following immediately below the questions contained in 250
subparagraphs (A) to (I), inclusive, of subdivision (2) of this 251
subsection: 252
A certification by the seller in the following form: 253
SELLER'S CERTIFICATION 254
"To the extent of the seller's knowledge as a property owner, the 255
seller acknowledges that the information contained above is true and 256
accurate for those areas of the property listed. In the event a real estate 257
broker or salesperson is utilized, the seller authorizes the brokers or 258
salespersons to provide the above information to prospective buyers, 259
selling agents or buyers' agents. 260
T1 .... (Date) .... (Seller)
T2 .... (Date) .... (Seller)"
(4) The written residential disclosure report shall contain the 261
following in a separate section immediately below the seller's 262
certification: 263 Raised Bill No. 1010
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IMPORTANT INFORMATION 264
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 265
This report in no way relieves a real estate broker of the broker's 266
obligation under the provisions of section 20-328-5a of the Regulations 267
of Connecticut State Agencies to disclose any material facts. Failure to 268
do so could result in punitive action taken against the broker, such as 269
fines, suspension or revocation of license. 270
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 271
Any representations made by the seller on the written residential 272
disclosure report shall not constitute a warranty to the buyer. 273
(C) NATURE OF DISCLOSURE REPORT 274
This Residential Property Condition Disclosure Report is not a 275
substitute for inspections, tests and other methods of determining the 276
physical condition of property. 277
(D) INFORMATION ON THE RESIDENCE OF CONVICTED 278
FELONS 279
Information concerning the residence address of a person convicted 280
of a crime may be available from law enforcement agencies or the 281
Department of Public Safety. 282
(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 283
Prospective buyers should consult with the municipal building 284
official in the municipality in which the property is located to confirm 285
that building permits and certificates of occupancy have been issued 286
for work on the property. 287
(F) HOME INSPECTION 288
Buyers should have the property inspected by a licensed home 289
inspector. 290 Raised Bill No. 1010
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(G) CONCRETE FOUNDATION 291
Prospective buyers may have a concrete foundation inspected by a 292
licensed professional engineer who is a structural engineer for 293
deterioration of the foundation due to the presence of pyrrhotite. 294
(5) The written residential disclosure report shall contain the 295
following immediately below the statements contained in 296
subparagraphs (A) to (G), inclusive, of subdivision (4) of this 297
subsection: 298
A certification by the buyer in the following form: 299
BUYER'S CERTIFICATION 300
"The buyer is urged to carefully inspect the property and, if desired, 301
to have the property inspected by an expert. The buyer understands 302
that there are areas of the property for which the seller has no 303
knowledge and that this disclosure statement does not encompass 304
those areas. The buyer also acknowledges that the buyer has read and 305
received a signed copy of this statement from the seller or seller's 306
agent. 307
T3 .... (Date) .... (Seller)
T4 .... (Date) .... (Seller)"
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 22a-409
Sec. 2 July 1, 2019 20-327b(d)
Statement of Purpose:
To require the owner of real property on which a dam or similar
structure is located to (1) record such dam or structure on the land
records of the municipality in which such real property is located, (2)
notify a potential buyer of such real property of the existence of such
dam or structure, and (3) disclose the existence of such dam or
structure on a residential disclosure report. Raised Bill No. 1010
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]