Connecticut 2019 Regular Session

Connecticut Senate Bill SB01010 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 5087 1 of 13
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7		-	General Assembly ~~Substitute~~ Bill No. 1010
	5	+	General Assembly Raised Bill No. 1010
8	6		January Session, 2019
	7	+	LCO No. 5087
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	9	+
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PD)
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14	19		AN ACT CONCERNING TH E DISCLOSURE OF DAMS AND SIMILAR
15	20		STRUCTURES BY OWNERS OF REAL PROPERTY.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19		-	Section 1. (NEW) (Effective July 1, 2019) (a) Not later than fifteen 1
20		-	days prior to the signing of any purchase and sale agreement, the seller 2
21		-	of any real property on which a dam or similar structure is located 3
22		-	shall notify the prospective buyer of such real property (1) of the 4
23		-	existence of such dam or structure; (2) whether such dam or similar 5
24		-	structure is categorized as a high hazard or significant hazard 6
25		-	pursuant to subsection (a) of section 22a-409 of the general statutes; 7
26		-	and (3) of the results of the most recent inspection of such dam or 8
27		-	similar structure, if any, conducted pursuant to subsection (c) of 9
28		-	section 22a-409 of the general statutes. 10
29		-	(b) Not later than thirty days after the sale of any real property 11
30		-	described in subsection (a) of this section on which is located a (1) high 12
31		-	hazard or significant hazard dam required to be recorded on the land 13
32		-	records in the municipality where such real property is located 14
33		-	pursuant to subsection (a) of section 22a-409 of the general statutes, 15
34		-	that has not been so recorded, or (2) dam or structure required to be 16
35		-	registered with the Commissioner of Energy and Environmental 17
36		-	Protection pursuant to subsection (b) of section 22a-409 of the general 18
37		-	statutes, that has not been so registered, the buyer of such real 19 Substitute Bill No. 1010
	24	+	Section 1. Section 22a-409 of the general statutes is repealed and the 1
	25	+	following is substituted in lieu thereof (Effective July 1, 2019): 2
	26	+	(a) The commissioner shall cause a survey and maps to be made of 3
	27	+	each town showing the location of any dams or similar structures 4
	28	+	within such town, and shall file a copy of such map with the town 5
	29	+	clerk. On and after October 1, [2007] 2019, the owner of real property 6
	30	+	where a [high hazard or significant hazard] dam is located shall cause 7
	31	+	to be recorded on the land records in the municipality where the 8
	32	+	property is located a document that identifies the existence of the dam 9
	33	+	and whether the dam is categorized as a high hazard dam or a 10
	34	+	significant hazard dam. The commissioner shall publish a 11
	35	+	standardized form to be used for such purposes. 12
	36	+	(b) The owner of any dam or similar structure that, by failing, may 13
	37	+	endanger life or property and that is not already registered shall 14 Raised Bill No. 1010
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44		-	property shall register such dam or structure or cause such dam or 20
45		-	structure to be recorded in accordance with the provisions of said 21
46		-	section 22a-409 of the general statutes. 22
47		-	Sec. 2. Subsection (d) of section 20-327b of the general statutes is 23
48		-	repealed and the following is substituted in lieu thereof (Effective July 24
49		-	1, 2019): 25
50		-	(d) The Commissioner of Consumer Protection shall prescribe the 26
51		-	written residential disclosure report required by this section and 27
52		-	sections 20-327c to 20-327e, inclusive. The written residential 28
53		-	disclosure report shall be based upon a template that the commissioner 29
54		-	shall prescribe. Such template shall: Fit on pages being not more than 30
55		-	eight and one-half inches in height and eleven inches in width, with 31
56		-	type size no smaller than nine-point type, other than checkboxes or 32
57		-	section headers, which may be in a smaller size; include the address of 33
58		-	the subject property on each page; include page numbers on each page; 34
59		-	include section headings in bold type and include space for the buyer 35
60		-	and the seller's initials on each page, except the signature page. The 36
61		-	report shall contain the following, in the order indicated: 37
62		-	(1) A section entitled "Instructions to Sellers" 38
63		-	You MUST answer ALL questions to the best of your knowledge. 39
64		-	Identify/Disclose any problems regarding the subject property. 40
65		-	YOUR REAL ESTATE LICENSEE CANNOT COMPLET E THIS 41
66		-	FORM ON YOUR BEHALF. 42
67		-	UNK means Unknown, N/A means Not Applicable. 43
68		-	If you need additional space to complete any answer or explanation, 44
69		-	attach additional page(s) to this form. Include subject property 45
70		-	address, seller's name and the date. 46
71		-	(2) Pursuant to the Uniform Property Condition Disclosure Act, the 47 Substitute Bill No. 1010
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	42	+
	43	+	register on or before October 1, 2015, with the Commissioner of Energy 15
	44	+	and Environmental Protection on a form prescribed by the 16
	45	+	commissioner, the location and dimensions of such dam or structure 17
	46	+	and such other information as the commissioner may require. Any 18
	47	+	information reported on such form that the commissioner cannot 19
	48	+	otherwise independently obtain shall not be used by the commissioner 20
	49	+	to order the payment of a civil penalty pursuant to section 22a-6d or 21
	50	+	22a-407 provided such form is submitted to the commissioner on or 22
	51	+	before October 1, 2015. The fee for registration shall be as follows: (1) 23
	52	+	Dams or similar structures five feet or more in height but less than 24
	53	+	fifteen feet, fifty dollars; (2) dams or similar structures fifteen feet or 25
	54	+	more in height but less than twenty-five feet, one hundred dollars; and 26
	55	+	(3) dams or similar structures twenty-five feet or more in height, two 27
	56	+	hundred dollars. Dams or similar structures less than five feet in 28
	57	+	height shall be registered without fee. As used in this subsection, 29
	58	+	"height" means the vertical distance from the crest of a dam or similar 30
	59	+	structure to the downstream toe of such dam or similar structure. The 31
	60	+	owner of any dam or similar structure shall notify the commissioner 32
	61	+	by registered or certified mail, return receipt requested, of a transfer of 33
	62	+	ownership of such dam or similar structure not later than ten days 34
	63	+	after the date of such transfer. 35
	64	+	(c) The commissioner shall notify the owner of any dam or similar 36
	65	+	structure registered pursuant to subsection (b) of this section, in 37
	66	+	writing, by certified mail, return receipt requested, not later than 38
	67	+	January fifteenth of any year in which inspection of such dam is due. 39
	68	+	Such notice shall identify the classification of such dam, as set forth in 40
	69	+	the regulations adopted pursuant to this subsection, and include a 41
	70	+	statement of the frequency for such inspection, as set forth in such 42
	71	+	regulations. Upon receipt of such timely notification by the 43
	72	+	commissioner, the owner of any such dam or similar structure shall 44
	73	+	cause such structure to be inspected in accordance with the regulations 45
	74	+	adopted pursuant to this subsection by a registered professional 46
	75	+	engineer licensed in the state and shall, not later than March fifteenth 47
	76	+	of the following year, submit the results of such inspection to the 48 Raised Bill No. 1010
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78		-	seller is obligated to answer the following questions and to disclose 48
79		-	herein any knowledge of any problem regarding the following: 49
80		-	(A) A subsection entitled "Subject Property" 50
81		-	(i) Name of seller(s) 51
82		-	(ii) Street address, municipality, zip code 52
83		-	(B) A subsection entitled "General Information" 53
84		-	(i) Indicate the YEAR the structure was built: 54
85		-	(ii) Indicate HOW LONG you have occupied the property: If not 55
86		-	applicable, indicate with N/A. 56
87		-	(iii) Does anyone else claim to own any part of your property, 57
88		-	including, but not limited to, any encroachment(s)? If YES, explain: 58
89		-	(iv) Does anyone other than you have or claim to have any right to 59
90		-	use any part of your property, including, but not limited to, any 60
91		-	easement or right-of-way? If YES, explain: 61
92		-	(v) Is the property in a flood hazard area or an inland wetlands 62
93		-	area? If YES, explain: 63
94		-	(vi) Is a dam or similar structure that is capable of impounding or 64
95		-	controlling the flow of water, including, but not limited to, a 65
96		-	stormwater retention or detention dam, flood control structure, dike or 66
97		-	incompletely breached dam located on the property? If YES, is the 67
98		-	hazard classification of the dam or similar structure known? If YES, 68
99		-	what is the classification? If required, has the dam or structure been 69
100		-	inspected or has an emergency action plan been prepared? Do you 70
101		-	have any obligations relating to the dam or structure that would pass 71
102		-	to the buyer? 72
103		-	[(vi)] (vii) Do you have any reason to believe that the municipality 73
104		-	in which the subject property is located may impose any assessment 74 Substitute Bill No. 1010
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	81	+
	82	+	commissioner on a form prescribed by the commissioner. The 49
	83	+	commissioner shall periodically inspect dams registered pursuant to 50
	84	+	subsection (b) of this section for quality assurance when an owner fails 51
	85	+	to undertake a regularly scheduled inspection and as necessary after a 52
	86	+	flood event. The fee for any such inspection shall be six hundred sixty 53
	87	+	dollars until such time as regulations are adopted concerning such 54
	88	+	inspection fees. Any dam which impounds less than three acre-feet of 55
	89	+	water or any dam which the commissioner finds has a potential for 56
	90	+	negligible damage in the event of a failure, after an initial inspection, 57
	91	+	shall be exempt from the provisions of this subsection except upon 58
	92	+	determination by the commissioner that such dam poses a unique 59
	93	+	hazard. The commissioner shall adopt regulations in accordance with 60
	94	+	the provisions of chapter 54 establishing (1) a schedule for the 61
	95	+	frequency of and procedures for inspection of dams, (2) the inspection 62
	96	+	fees for inspections undertaken by the department, sufficient to cover 63
	97	+	the reasonable cost of such inspections, (3) procedures for registration 64
	98	+	and criteria for waiver of registration and inspection fees, and (4) 65
	99	+	criteria for determining whether a dam has a potential for negligible 66
	100	+	damage in the event of a failure. 67
	101	+	(d) Not later than fifteen days prior to the signing of any purchase 68
	102	+	and sale agreement, the owner of any dam or similar structure shall 69
	103	+	notify a prospective buyer of the real property on which such dam or 70
	104	+	similar structure is located (1) of the existence of such dam or 71
	105	+	structure; (2) whether such dam or similar structure is categorized as a 72
	106	+	high hazard or significant hazard; and (3) of the results of the most 73
	107	+	recent inspection of such dam or similar structure conducted pursuant 74
	108	+	to subsection (c) of this section. 75
	109	+	Sec. 2. Subsection (d) of section 20-327b of the general statutes is 76
	110	+	repealed and the following is substituted in lieu thereof (Effective July 77
	111	+	1, 2019): 78
	112	+	(d) The Commissioner of Consumer Protection shall prescribe the 79
	113	+	written residential disclosure report required by this section and 80
	114	+	sections 20-327c to 20-327e, inclusive. The written residential 81 Raised Bill No. 1010
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111		-	for purposes such as sewer installation, sewer improvements, water 75
112		-	main installation, water main improvements, sidewalks or other 76
113		-	improvements? If YES, explain: 77
114		-	[(vii)] (viii) Is the property located in a municipally designated 78
115		-	village district, municipally designated historic district or listed on the 79
116		-	National Register of Historic Places? If YES, explain: 80
117		-	[(viii)] (ix) Special Statement: Information concerning village 81
118		-	districts and historic districts may be obtained from the municipality's 82
119		-	village or historic district commission, if applicable. 83
120		-	[(ix)] (x) Is the property located in a special tax district? If YES, 84
121		-	[please] explain: 85
122		-	[(x)] (xi) Is the property subject to any type of land use restrictions, 86
123		-	other than those contained within the property's chain of title or that 87
124		-	are necessary to comply with state laws or municipal zoning? If YES, 88
125		-	explain: 89
126		-	[(xi)] (xii) Is the property located in a common interest community? 90
127		-	If YES, is it subject to any community or association dues or fees? 91
128		-	Please explain: 92
129		-	[(xii)] (xiii) Do you have any knowledge of prior or pending 93
130		-	litigation, government agency or administrative actions, orders or liens 94
131		-	on the property related to the release of any hazardous substance? If 95
132		-	YES, [please] explain: 96
133		-	(C) A subsection entitled "Leased Equipment" 97
134		-	Does the property include any Leased or Rented Equipment that 98
135		-	would necessitate or obligate either of the following: The assignment 99
136		-	or transfer of the lease or rental agreement(s) to the buyer or the 100
137		-	replacement or substitution of the equipment by the buyer? If YES, 101
138		-	indicate by checking ALL items that apply: PROPANE FUEL TANK; 102
139		-	WATER HEATER; SECURITY ALA RM SYSTEM; FIRE ALARM 103 Substitute Bill No. 1010
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	120	+	disclosure report shall be based upon a template that the commissioner 82
	121	+	shall prescribe. Such template shall: Fit on pages being not more than 83
	122	+	eight and one-half inches in height and eleven inches in width, with 84
	123	+	type size no smaller than nine-point type, other than checkboxes or 85
	124	+	section headers, which may be in a smaller size; include the address of 86
	125	+	the subject property on each page; include page numbers on each page; 87
	126	+	include section headings in bold type and include space for the buyer 88
	127	+	and the seller's initials on each page, except the signature page. The 89
	128	+	report shall contain the following, in the order indicated: 90
	129	+	(1) A section entitled "Instructions to Sellers" 91
	130	+	You MUST answer ALL questions to the best of your knowledge. 92
	131	+	Identify/Disclose any problems regarding the subject property. 93
	132	+	YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS 94
	133	+	FORM ON YOUR BEHALF. 95
	134	+	UNK means Unknown, N/A means Not Applicable. 96
	135	+	If you need additional space to complete any answer or explanation, 97
	136	+	attach additional page(s) to this form. Include subject property 98
	137	+	address, seller's name and the date. 99
	138	+	(2) Pursuant to the Uniform Property Condition Disclosure Act, the 100
	139	+	seller is obligated to answer the following questions and to disclose 101
	140	+	herein any knowledge of any problem regarding the following: 102
	141	+	(A) A subsection entitled "Subject Property" 103
	142	+	(i) Name of seller(s) 104
	143	+	(ii) Street address, municipality, zip code 105
	144	+	(B) A subsection entitled "General Information" 106
	145	+	(i) Indicate the YEAR the structure was built: 107 Raised Bill No. 1010
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146		-	SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT 104
147		-	SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 105
148		-	(D) A subsection entitled "Mechanical/Utility Systems" 106
149		-	(i) Heating system problems? If YES, explain. List Fuel Types. 107
150		-	(ii) Hot water heater Type: Age: Hot water problems? If YES, 108
151		-	explain: 109
152		-	(iii) Is there an underground storage tank? If YES, give AGE of tank 110
153		-	and LOCATION. 111
154		-	(iv) Are you aware of any problems with the underground storage 112
155		-	tank? If YES, explain: 113
156		-	(v) During the time you have owned the property, has there ever 114
157		-	been an underground storage tank located on the property? If YES, has 115
158		-	it been removed? If YES, what was the date of removal and what was 116
159		-	the name and address of the person or business who removed such 117
160		-	underground storage tank? Provide any and all written documentation 118
161		-	of such removal within your control or possession by attaching a copy 119
162		-	of such documentation to this form. 120
163		-	(vi) Air conditioning problems? If YES, explain: Air conditioning 121
164		-	Type: Central; Window; Other 122
165		-	(vii) Plumbing system problems? If YES, explain: 123
166		-	(viii) Electrical System problems? If YES, explain: 124
167		-	(ix) Electronic security system problems? If YES, explain: 125
168		-	(x) Are there carbon monoxide or smoke detectors located in a 126
169		-	dwelling on the property? If YES, state the NUMBER of such detectors 127
170		-	and whether there have been problems with such detectors; 128
171		-	(xi) Fire sprinkler system problems? If YES, explain: 129 Substitute Bill No. 1010
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	150	+
	151	+	(ii) Indicate HOW LONG you have occupied the property: If not 108
	152	+	applicable, indicate with N/A. 109
	153	+	(iii) Does anyone else claim to own any part of your property, 110
	154	+	including, but not limited to, any encroachment(s)? If YES, explain: 111
	155	+	(iv) Does anyone other than you have or claim to have any right to 112
	156	+	use any part of your property, including, but not limited to, any 113
	157	+	easement or right-of-way? If YES, explain: 114
	158	+	(v) Is the property in a flood hazard area or an inland wetlands 115
	159	+	area? If YES, explain: 116
	160	+	(vi) Is a dam or similar structure that is required to be recorded or 117
	161	+	registered pursuant to section 22a-409 of the general statutes located 118
	162	+	on the property? If YES, has the dam or structure been recorded or 119
	163	+	registered on town land records, has the dam or structure been 120
	164	+	categorized as a high hazard or significant hazard, and when was the 121
	165	+	dam or structure last inspected? Provide any and all written 122
	166	+	documentation concerning such inspection within your control or 123
	167	+	possession by attaching a copy of such documentation to this form. 124
	168	+	[(vi)] (vii) Do you have any reason to believe that the municipality 125
	169	+	in which the subject property is located may impose any assessment 126
	170	+	for purposes such as sewer installation, sewer improvements, water 127
	171	+	main installation, water main improvements, sidewalks or other 128
	172	+	improvements? If YES, explain: 129
	173	+	[(vii)] (viii) Is the property located in a municipally designated 130
	174	+	village district, municipally designated historic district or listed on the 131
	175	+	National Register of Historic Places? If YES, explain: 132
	176	+	[(viii)] (ix) Special Statement: Information concerning village 133
	177	+	districts and historic districts may be obtained from the municipality's 134
	178	+	village or historic district commission, if applicable. 135
	179	+	[(ix)] (x) Is the property located in a special tax district? If YES, 136
	180	+	[please] explain: 137 Raised Bill No. 1010
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178		-	(E) A subsection entitled "Water System" 130
179		-	(i) Domestic Water System Type: Public; Private Well; Other 131
180		-	(ii) If Public Water: 132
181		-	(I) Is there a separate expense/fee for water usage? If YES, is the 133
182		-	expense/fee for water usage flat or metered? Give the AMOUNT and 134
183		-	explain: 135
184		-	(II) Are there any UNPAID water charges? If YES, state the amount 136
185		-	unpaid: 137
186		-	(iii) If Private Well: 138
187		-	Has the well water been tested for contaminants/volatile organic 139
188		-	compounds? If YES, attach a copy of the report. 140
189		-	(iv) If Public Water or Private Well: Are you aware of any problems 141
190		-	with the well, or with the water quality, quantity, recovery, or 142
191		-	pressure? If YES, explain: 143
192		-	(F) A subsection entitled "Sewage Disposal System" 144
193		-	(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 145
194		-	(ii) If Public Sewer: 146
195		-	(I) Is there a separate charge made for sewer use? If YES, is it Flat or 147
196		-	Metered? 148
197		-	(II) If it is a Flat amount, state amount and due dates: 149
198		-	(III) Are there any UNPAID sewer charges? If any unpaid sewer 150
199		-	charges, state the amount: 151
200		-	(iii) If Private: 152
201		-	(I) Name of service company 153 Substitute Bill No. 1010
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	185	+
	186	+	[(x)] (xi) Is the property subject to any type of land use restrictions, 138
	187	+	other than those contained within the property's chain of title or that 139
	188	+	are necessary to comply with state laws or municipal zoning? If YES, 140
	189	+	explain: 141
	190	+	[(xi)] (xii) Is the property located in a common interest community? 142
	191	+	If YES, is it subject to any community or association dues or fees? 143
	192	+	Please explain: 144
	193	+	[(xii)] (xiii) Do you have any knowledge of prior or pending 145
	194	+	litigation, government agency or administrative actions, orders or liens 146
	195	+	on the property related to the release of any hazardous substance? If 147
	196	+	YES, [please] explain: 148
	197	+	(C) A subsection entitled "Leased Equipment" 149
	198	+	Does the property include any Leased or Rented Equipment that 150
	199	+	would necessitate or obligate either of the following: The assignment 151
	200	+	or transfer of the lease or rental agreement(s) to the buyer or the 152
	201	+	replacement or substitution of the equipment by the buyer? If YES, 153
	202	+	indicate by checking ALL items that apply: PROPANE FUEL TANK; 154
	203	+	WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM 155
	204	+	SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMEN T 156
	205	+	SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 157
	206	+	(D) A subsection entitled "Mechanical/Utility Systems" 158
	207	+	(i) Heating system problems? If YES, explain. List Fuel Types. 159
	208	+	(ii) Hot water heater Type: Age: Hot water problems? If YES, 160
	209	+	explain: 161
	210	+	(iii) Is there an underground storage tank? If YES, give AGE of tank 162
	211	+	and LOCATION. 163
	212	+	(iv) Are you aware of any problems with the underground storage 164
	213	+	tank? If YES, explain: 165 Raised Bill No. 1010
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208		-	(II) Date last pumped: AND frequency: 154
209		-	(III) For any sewage system, are there problems? If YES, explain: 155
210		-	(G) A subsection entitled "Asbestos/Lead" 156
211		-	(i) Are asbestos containing insulation or building materials present? 157
212		-	If YES, location: 158
213		-	(ii) Is lead paint present? If YES, location: 159
214		-	(iii) Is lead plumbing present? If YES, location: 160
215		-	(H) A subsection entitled "Building/Structure/Improvements" 161
216		-	(i) Is the foundation made of concrete? If NO, explain: 162
217		-	(ii) Foundation/Slab problems or settling? If YES, explain: 163
218		-	(iii) Basement Water Seepage/Dampness? If YES, explain Amount, 164
219		-	Frequency and Location: 165
220		-	(iv) Sump pump problems? If YES, explain: 166
221		-	(v) Do you have any knowledge of any testing or inspection done by 167
222		-	a licensed professional related to a foundation on the property? If YES, 168
223		-	attach a copy of the report. 169
224		-	(vi) Do you have any knowledge of any repairs related to a 170
225		-	foundation on the property? If YES, explain: 171
226		-	(vii) Roof type; Age? 172
227		-	(viii) Roof leaks? If YES, explain: 173
228		-	(ix) Exterior siding problems? If YES, explain: 174
229		-	(x) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 175
230		-	explain: 176 Substitute Bill No. 1010
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	218	+
	219	+	(v) During the time you have owned the property, has there ever 166
	220	+	been an underground storage tank located on the property? If YES, has 167
	221	+	it been removed? If YES, what was the date of removal and what was 168
	222	+	the name and address of the person or business who removed such 169
	223	+	underground storage tank? Provide any and all written documentation 170
	224	+	of such removal within your control or possession by attaching a copy 171
	225	+	of such documentation to this form. 172
	226	+	(vi) Air conditioning problems? If YES, explain: Air conditioning 173
	227	+	Type: Central; Window; Other 174
	228	+	(vii) Plumbing system problems? If YES, explain: 175
	229	+	(viii) Electrical System problems? If YES, explain: 176
	230	+	(ix) Electronic security system problems? If YES, explain: 177
	231	+	(x) Are there carbon monoxide or smoke detectors located in a 178
	232	+	dwelling on the property? If YES, state the NUMBER of such detectors 179
	233	+	and whether there have been problems with such detectors; 180
	234	+	(xi) Fire sprinkler system problems? If YES, explain: 181
	235	+	(E) A subsection entitled "Water System" 182
	236	+	(i) Domestic Water System Type: Public; Private Well; Other 183
	237	+	(ii) If Public Water: 184
	238	+	(I) Is there a separate expense/fee for water usage? If YES, is the 185
	239	+	expense/fee for water usage flat or metered? Give the AMOUNT and 186
	240	+	explain: 187
	241	+	(II) Are there any UNPAID water charges? If YES, state the amount 188
	242	+	unpaid: 189
	243	+	(iii) If Private Well: 190
	244	+	Has the well water been tested for contaminants/volatile organic 191 Raised Bill No. 1010
231	245
232	246
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236	247
237		-	(xi) Patio/deck problems? If YES, explain: 177
238		-	(xii) If constructed of Wood, is the Wood Treated or Untreated? 178
239		-	(xiii) Driveway problems? If YES, explain: 179
240		-	(xiv) Water drainage problems? If YES, explain: 180
241		-	(xv) Interior Floor, Wall and/or Ceiling problems? If YES, explain: 181
242		-	(xvi) Fire and/or Smoke damage? If YES, explain: 182
243		-	(xvii) Termite, Insect, Rodent or Pest Infestation problems? If YES, 183
244		-	explain: 184
245		-	(xviii) Rot or Water damage problems? If YES, explain: 185
246		-	(xix) Is house insulated? If YES, Type: Location: 186
247		-	(xx) Has a test for Radon been performed? If YES, attach a copy of 187
248		-	the report. 188
249		-	(xxi) Is there a Radon Control System in place? If YES, explain: 189
250		-	(xxii) Has a Radon control system been in place in the previous 12 190
251		-	months? If YES, explain: 191
252		-	(I) The Seller should attach additional pages to further explain any 192
253		-	item(s) above. Indicate here the number of additional pages attached: 193
254		-	(J) Questions contained in subparagraphs (A) to (I), inclusive, of this 194
255		-	subdivision shall contain checkboxes indicating "yes", "no", "not 195
256		-	applicable" or "unknown". 196
257		-	(3) The written residential disclosure report shall contain the 197
258		-	following immediately below the questions contained in 198
259		-	subparagraphs (A) to (I), inclusive, of subdivision (2) of this 199
260		-	subsection: 200 Substitute Bill No. 1010
	248	+	LCO No. 5087 8 of 13
	249	+
	250	+	compounds? If YES, attach a copy of the report. 192
	251	+	(iv) If Public Water or Private Well: Are you aware of any problems 193
	252	+	with the well, or with the water quality, quantity, recovery, or 194
	253	+	pressure? If YES, explain: 195
	254	+	(F) A subsection entitled "Sewage Disposal System" 196
	255	+	(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 197
	256	+	(ii) If Public Sewer: 198
	257	+	(I) Is there a separate charge made for sewer use? If YES, is it Flat or 199
	258	+	Metered? 200
	259	+	(II) If it is a Flat amount, state amount and due dates: 201
	260	+	(III) Are there any UNPAID sewer charges? If any unpaid sewer 202
	261	+	charges, state the amount: 203
	262	+	(iii) If Private: 204
	263	+	(I) Name of service company 205
	264	+	(II) Date last pumped: AND frequency: 206
	265	+	(III) For any sewage system, are there problems? If YES, explain: 207
	266	+	(G) A subsection entitled "Asbestos/Lead" 208
	267	+	(i) Are asbestos containing insulation or building materials present? 209
	268	+	If YES, location: 210
	269	+	(ii) Is lead paint present? If YES, location: 211
	270	+	(iii) Is lead plumbing present? If YES, location: 212
	271	+	(H) A subsection entitled "Building/Structure/Improvements" 213
	272	+	(i) Is the foundation made of concrete? If NO, explain: 214 Raised Bill No. 1010
261	273
262	274
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266	275
267		-	A certification by the seller in the following form: 201
268		-	SELLER'S CERTIFICATION 202
269		-	"To the extent of the seller's knowledge as a property owner, the 203
270		-	seller acknowledges that the information contained above is true and 204
271		-	accurate for those areas of the property listed. In the event a real estate 205
272		-	broker or salesperson is utilized, the seller authorizes the brokers or 206
273		-	salespersons to provide the above information to prospective buyers, 207
274		-	selling agents or buyers' agents. 208
	276	+	LCO No. 5087 9 of 13
	277	+
	278	+	(ii) Foundation/Slab problems or settling? If YES, explain: 215
	279	+	(iii) Basement Water Seepage/Dampness? If YES, explain Amount, 216
	280	+	Frequency and Location: 217
	281	+	(iv) Sump pump problems? If YES, explain: 218
	282	+	(v) Do you have any knowledge of any testing or inspection done by 219
	283	+	a licensed professional related to a foundation on the property? If YES, 220
	284	+	attach a copy of the report. 221
	285	+	(vi) Do you have any knowledge of any repairs related to a 222
	286	+	foundation on the property? If YES, explain: 223
	287	+	(vii) Roof type; Age? 224
	288	+	(viii) Roof leaks? If YES, explain: 225
	289	+	(ix) Exterior siding problems? If YES, explain: 226
	290	+	(x) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 227
	291	+	explain: 228
	292	+	(xi) Patio/deck problems? If YES, explain: 229
	293	+	(xii) If constructed of Wood, is the Wood Treated or Untreated? 230
	294	+	(xiii) Driveway problems? If YES, explain: 231
	295	+	(xiv) Water drainage problems? If YES, explain: 232
	296	+	(xv) Interior Floor, Wall and/or Ceiling problems? If YES, explain: 233
	297	+	(xvi) Fire and/or Smoke damage? If YES, explain: 234
	298	+	(xvii) Termite, Insect, Rodent or Pest Infestation problems? If YES, 235
	299	+	explain: 236
	300	+	(xviii) Rot or Water damage problems? If YES, explain: 237
	301	+	(xix) Is house insulated? If YES, Type: Location: 238 Raised Bill No. 1010
	302	+
	303	+
	304	+
	305	+	LCO No. 5087 10 of 13
	306	+
	307	+	(xx) Has a test for Radon been performed? If YES, attach a copy of 239
	308	+	the report. 240
	309	+	(xxi) Is there a Radon Control System in place? If YES, explain: 241
	310	+	(xxii) Has a Radon control system been in place in the previous 12 242
	311	+	months? If YES, explain: 243
	312	+	(I) The Seller should attach additional pages to further explain any 244
	313	+	item(s) above. Indicate here the number of additional pages attached: 245
	314	+	(J) Questions contained in subparagraphs (A) to (I), inclusive, of this 246
	315	+	subdivision shall contain checkboxes indicating "yes", "no", "not 247
	316	+	applicable" or "unknown". 248
	317	+	(3) The written residential disclosure report shall contain the 249
	318	+	following immediately below the questions contained in 250
	319	+	subparagraphs (A) to (I), inclusive, of subdivision (2) of this 251
	320	+	subsection: 252
	321	+	A certification by the seller in the following form: 253
	322	+	SELLER'S CERTIFICATION 254
	323	+	"To the extent of the seller's knowledge as a property owner, the 255
	324	+	seller acknowledges that the information contained above is true and 256
	325	+	accurate for those areas of the property listed. In the event a real estate 257
	326	+	broker or salesperson is utilized, the seller authorizes the brokers or 258
	327	+	salespersons to provide the above information to prospective buyers, 259
	328	+	selling agents or buyers' agents. 260
275	329		T1 .... (Date) .... (Seller)
276	330		T2 .... (Date) .... (Seller)"
277	331
278		-	(4) The written residential disclosure report shall contain the 209
279		-	following in a separate section immediately below the seller's 210
280		-	certification: 211
281		-	IMPORTANT INFORMATION 212
282		-	(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 213
283		-	This report in no way relieves a real estate broker of the broker's 214
284		-	obligation under the provisions of section 20-328-5a of the Regulations 215
285		-	of Connecticut State Agencies to disclose any material facts. Failure to 216
286		-	do so could result in punitive action taken against the broker, such as 217
287		-	fines, suspension or revocation of license. 218
288		-	(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 219
289		-	Any representations made by the seller on the written residential 220
290		-	disclosure report shall not constitute a warranty to the buyer. 221
291		-	(C) NATURE OF DISCLOSURE REPORT 222
292		-	This Residential Property Condition Disclosure Report is not a 223
293		-	substitute for inspections, tests and other methods of determining the 224
294		-	physical condition of property. 225 Substitute Bill No. 1010
	332	+	(4) The written residential disclosure report shall contain the 261
	333	+	following in a separate section immediately below the seller's 262
	334	+	certification: 263 Raised Bill No. 1010
295	335
296	336
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300	337
301		-	(D) INFORMATION ON THE RESIDENCE OF CONVICTED 226
302		-	FELONS 227
303		-	Information concerning the residence address of a person convicted 228
304		-	of a crime may be available from law enforcement agencies or the 229
305		-	Department of Public Safety. 230
306		-	(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 231
307		-	Prospective buyers should consult with the municipal building 232
308		-	official in the municipality in which the property is located to confirm 233
309		-	that building permits and certificates of occupancy have been issued 234
310		-	for work on the property. 235
311		-	(F) HOME INSPECTION 236
312		-	Buyers should have the property inspected by a licensed home 237
313		-	inspector. 238
314		-	(G) CONCRETE FOUNDATION 239
315		-	Prospective buyers may have a concrete foundation inspected by a 240
316		-	licensed professional engineer who is a structural engineer for 241
317		-	deterioration of the foundation due to the presence of pyrrhotite. 242
318		-	(5) The written residential disclosure report shall contain the 243
319		-	following immediately below the statements contained in 244
320		-	subparagraphs (A) to (G), inclusive, of subdivision (4) of this 245
321		-	subsection: 246
322		-	A certification by the buyer in the following form: 247
323		-	BUYER'S CERTIFICATION 248
324		-	"The buyer is urged to carefully inspect the property and, if desired, 249
325		-	to have the property inspected by an expert. The buyer understands 250
326		-	that there are areas of the property for which the seller has no 251
327		-	knowledge and that this disclosure statement does not encompass 252 Substitute Bill No. 1010
	338	+	LCO No. 5087 11 of 13
	339	+
	340	+	IMPORTANT INFORMATION 264
	341	+	(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 265
	342	+	This report in no way relieves a real estate broker of the broker's 266
	343	+	obligation under the provisions of section 20-328-5a of the Regulations 267
	344	+	of Connecticut State Agencies to disclose any material facts. Failure to 268
	345	+	do so could result in punitive action taken against the broker, such as 269
	346	+	fines, suspension or revocation of license. 270
	347	+	(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 271
	348	+	Any representations made by the seller on the written residential 272
	349	+	disclosure report shall not constitute a warranty to the buyer. 273
	350	+	(C) NATURE OF DISCLOSURE REPORT 274
	351	+	This Residential Property Condition Disclosure Report is not a 275
	352	+	substitute for inspections, tests and other methods of determining the 276
	353	+	physical condition of property. 277
	354	+	(D) INFORMATION ON THE RESIDENCE OF CONVICTED 278
	355	+	FELONS 279
	356	+	Information concerning the residence address of a person convicted 280
	357	+	of a crime may be available from law enforcement agencies or the 281
	358	+	Department of Public Safety. 282
	359	+	(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 283
	360	+	Prospective buyers should consult with the municipal building 284
	361	+	official in the municipality in which the property is located to confirm 285
	362	+	that building permits and certificates of occupancy have been issued 286
	363	+	for work on the property. 287
	364	+	(F) HOME INSPECTION 288
	365	+	Buyers should have the property inspected by a licensed home 289
	366	+	inspector. 290 Raised Bill No. 1010
328	367
329	368
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333	369
334		-	those areas. The buyer also acknowledges that the buyer has read and 253
335		-	received a signed copy of this statement from the seller or seller's 254
336		-	agent. 255
	370	+	LCO No. 5087 12 of 13
	371	+
	372	+	(G) CONCRETE FOUNDATION 291
	373	+	Prospective buyers may have a concrete foundation inspected by a 292
	374	+	licensed professional engineer who is a structural engineer for 293
	375	+	deterioration of the foundation due to the presence of pyrrhotite. 294
	376	+	(5) The written residential disclosure report shall contain the 295
	377	+	following immediately below the statements contained in 296
	378	+	subparagraphs (A) to (G), inclusive, of subdivision (4) of this 297
	379	+	subsection: 298
	380	+	A certification by the buyer in the following form: 299
	381	+	BUYER'S CERTIFICATION 300
	382	+	"The buyer is urged to carefully inspect the property and, if desired, 301
	383	+	to have the property inspected by an expert. The buyer understands 302
	384	+	that there are areas of the property for which the seller has no 303
	385	+	knowledge and that this disclosure statement does not encompass 304
	386	+	those areas. The buyer also acknowledges that the buyer has read and 305
	387	+	received a signed copy of this statement from the seller or seller's 306
	388	+	agent. 307
337	389		T3 .... (Date) .... (Seller)
338	390		T4 .... (Date) .... (Seller)"
339	391
340	392		This act shall take effect as follows and shall amend the following
341	393		sections:
342	394
343		-	Section 1 July 1, 2019 ~~New section~~
	395	+	Section 1 July 1, 2019 22a-409
344	396		Sec. 2 July 1, 2019 20-327b(d)
345	397
346		-	PD Joint Favorable Subst.
	398	+	Statement of Purpose:
	399	+	To require the owner of real property on which a dam or similar
	400	+	structure is located to (1) record such dam or structure on the land
	401	+	records of the municipality in which such real property is located, (2)
	402	+	notify a potential buyer of such real property of the existence of such
	403	+	dam or structure, and (3) disclose the existence of such dam or
	404	+	structure on a residential disclosure report. Raised Bill No. 1010
	405	+
	406	+
	407	+
	408	+	LCO No. 5087 13 of 13
	409	+
	410	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	411	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	412	+	not underlined.]
347	413