Connecticut 2023 Regular Session

Connecticut House Bill HB06580 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6580
	8	+	January Session, 2023
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4		-	Substitute House Bill No. 6580
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6		-	Public Act No. 23-164
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9		-	AN ACT REVISING REQUIREMENTS ~~FOR THE AFFIDAVIT~~
	14	+	AN ACT REVISING CERTAIN CERTIFICATION REQUIREMENTS
10	15		RELATED TO SMOKE AND CARBON MONOXIDE DETECTORS IN
11	16		RESIDENTIAL BUILDINGS.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
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15		-	Section 1. Section 29-453 of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective October 1, 2023):
17		-	(a) [Prior to transferring title to] At the time of closing on a transaction
18		-	involving any real property containing a residential building designed
19		-	to be occupied by one or two families or containing a unit in a residential
20		-	common interest community, the transferor of such real property shall
21		-	present to the transferee an affidavit [certifying] stating (1) that such
22		-	residential building or unit is equipped with smoke detection and
23		-	warning equipment complying with this section, [the Fire Safety Code,
24		-	the State Fire Prevention Code and the State Building Code,] and (2) that
25		-	such residential building or unit is equipped with carbon monoxide
26		-	detection and warning equipment complying with this section or does
27		-	not pose a risk of carbon monoxide poisoning because such residential
28		-	building or unit does not contain a fuel-burning appliance, fireplace or
29		-	attached garage. Nothing in the affidavit shall constitute a warranty
30		-	beyond the transfer of title. The affidavit shall be signed and dated by
31		-	the transferor. Substitute House Bill No. 6580
	20	+	Section 1. Section 29-453 of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective October 1, 2023): 2
	22	+	(a) [Prior to transferring title to] At the time of closing on a 3
	23	+	transaction involving any real property containing a residential 4
	24	+	building designed to be occupied by one or two families, the transferor 5
	25	+	of such real property shall present to the transferee [an affidavit] a 6
	26	+	compliance form certifying (1) that such residential building is 7
	27	+	equipped with smoke detection and warning equipment complying 8
	28	+	with this section, [the Fire Safety Code, the State Fire Prevention Code 9
	29	+	and the State Building Code,] and (2) that such residential building is 10
	30	+	equipped with carbon monoxide detection and warning equipment 11
	31	+	complying with this section or does not pose a risk of carbon 12
	32	+	monoxide poisoning because such residential building does not 13
	33	+	contain a fuel-burning appliance, fireplace or attached garage. Nothing 14
	34	+	in the [affidavit] compliance form shall constitute a warranty beyond 15
	35	+	the transfer of title. The compliance form shall be signed and dated by 16
	36	+	the transferor. 17
	37	+	(b) [Any transferor who fails to comply with the provisions of 18 Substitute Bill No. 6580
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33		-	Public Act No. 23-164 2 of 4
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35		-	[(b) Any transferor who fails to comply with the provisions of
36		-	subsection (a) of this section shall credit the transferee with the sum of
37		-	two hundred fifty dollars at closing.]
38		-	[(c)] (b) Any smoke detection and warning equipment required
39		-	pursuant to subsection (a) of this section shall: [be:
40		-	(1) Capable of sensing visible or invisible smoke particles;
41		-	(2) Installed in accordance with the manufacturer's instructions and
42		-	in the immediate vicinity of each bedroom;
43		-	(3) Capable of providing an alarm suitable to warn occupants when
44		-	such equipment is activated;
45		-	(4) Powered by the household electrical service, except such
46		-	equipment may be battery powered in a residential building for which
47		-	a building permit for new occupancy was issued prior to October 1,
48		-	1976;
49		-	(5) In a residential building for which a building permit for new
50		-	occupancy was issued on or after October 16, 1989, interconnected in
51		-	such a manner that the activation of the alarm on any smoke detection
52		-	and warning equipment in the residential building causes the alarm on
53		-	all smoke detection and warning equipment in such building to activate;
54		-	and
55		-	(6) In a residential building for which a building permit for new
56		-	occupancy was issued on or after May 1, 1999, located in all sleeping
57		-	areas.]
58		-	(1) Be installed in or in the immediate vicinity of each bedroom; and
59		-	(2) Produce an audible alarm when the equipment's test button is
60		-	depressed. Substitute House Bill No. 6580
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62		-	Public Act No. 23-164 3 of 4
	44	+	subsection (a) of this section shall credit the transferee with the sum of 19
	45	+	two hundred fifty dollars at closing] If the transferee notifies the 20
	46	+	transferor, by certified mail, not later than ten days after the date of 21
	47	+	closing that the residential dwelling lacks any smoke detection and 22
	48	+	warning equipment or carbon monoxide detection and warnin g 23
	49	+	equipment as required by this section, or that any such equipment is 24
	50	+	inoperable, the transferor shall, not later than ten days after receiving 25
	51	+	such notice, comply with the provisions of this section. A violation of 26
	52	+	the provisions of this section shall not create a defect in title. 27
	53	+	(c) Any smoke detection and warning equipment required pursuant 28
	54	+	to subsection (a) of this section shall be: 29
	55	+	(1) Capable of sensing visible or invisible smoke particles; 30
	56	+	(2) Installed in accordance with the manufacturer's instructions and 31
	57	+	in the immediate vicinity of each bedroom; 32
	58	+	(3) Capable of providing an alarm suitable to warn occupants when 33
	59	+	such equipment is activated; 34
	60	+	(4) Powered by the household electrical service, except such 35
	61	+	equipment may be battery powered in a residential building for which 36
	62	+	a building permit for new occupancy was issued prior to October 1, 37
	63	+	1976; 38
	64	+	(5) In a residential building for which a building permit for new 39
	65	+	occupancy was issued on or after October 16, 1989, interconnected in 40
	66	+	such a manner that the activation of the alarm on any smoke detection 41
	67	+	and warning equipment in the residential building causes the alarm on 42
	68	+	all smoke detection and warning equipment in such building to 43
	69	+	activate; and 44
	70	+	(6) In a residential building for which a building permit for new 45
	71	+	occupancy was issued on or after May 1, 1999, located in all sleeping 46
	72	+	areas. 47 Substitute Bill No. 6580
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64		-	(c) The affidavit required by subsection (a) of this section shall
65		-	specify, if applicable, to the best of the transferor's knowledge whether
66		-	the smoke detection and warning equipment:
67		-	(1) Is battery powered;
68		-	(2) Is located in or in the immediate vicinity of each bedroom;
69		-	(3) Is powered by the household electrical service;
70		-	(4) Is interconnected in such a manner that activation of the alarm on
71		-	any such equipment in the residential building or unit causes the alarm
72		-	on all such equipment in the building or unit to activate, provided that
73		-	for any residential building or unit constructed prior to January 1, 1990,
74		-	a transferor may specify on the affidavit that the conditions requiring
75		-	such equipment to be interconnected are not applicable to the building
76		-	or unit; and
77		-	(5) Contains the following statement: "State law requires that all
78		-	properties have operable smoke and carbon monoxide detection and
79		-	warning equipment. This law is to save lives—your life, and the lives of
80		-	your family members and your pets—as well as to protect your
81		-	property.".
82		-	(d) The Office of the State Fire Marshal shall (1) in consultation with
83		-	an association representing the interests of realtors, a bar association
84		-	and an association representing the interests of fire marshals, develop a
85		-	model form that may be used for the affidavit required by subsection (a)
86		-	of this section, and (2) in consultation with an association representing
87		-	the interests of fire marshals, develop a guide outlining smoke detection
88		-	and warning equipment requirements to assist transferors with the
89		-	completion of such affidavit.
90		-	[(d)] (e) Any carbon monoxide detection and warning equipment
91		-	required pursuant to subsection (a) of this section [shall be (1) capable Substitute House Bill No. 6580
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93		-	Public Act No. 23-164 4 of 4
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95		-	of sensing carbon monoxide present in parts per million, (2) installed in
96		-	accordance with the manufacturer's instructions, and (3) capable of
97		-	providing an alarm suitable to warn occupants when such equipment is
98		-	activated. Such equipment] may be operated using batteries and shall
99		-	produce an audible alarm when the equipment's test button is
100		-	depressed.
101		-	[(e)] (f) The following shall be exempt from the requirements of
102		-	[subsections (a) and (b) of] this section: (1) Any transfer from one or
103		-	more coowners solely to one or more of the other coowners; (2) transfers
104		-	made to the spouse, mother, father, brother, sister, child, grandparent
105		-	or grandchild of the transferor where no consideration is paid; (3)
106		-	transfers pursuant to an order of the court; (4) transfers by the federal
107		-	government or any political subdivision thereof; (5) transfers by deed in
108		-	lieu of foreclosure; (6) any transfer of title incident to the refinancing of
109		-	an existing debt secured by a mortgage; (7) transfers by mortgage deed
110		-	or other instrument to secure a debt where the transferor's title to the
111		-	real property being transferred is subject to a preexisting debt secured
112		-	by a mortgage; [and] (8) transfers made by executors, administrators,
113		-	trustees or conservators; and (9) any transfer of property acquired by a
114		-	judgment of strict foreclosure or by foreclosure by sale.
	79	+	(d) Any carbon monoxide detection and warning equipment 48
	80	+	required pursuant to subsection (a) of this section shall be (1) capable 49
	81	+	of sensing carbon monoxide present in parts per million, (2) installed 50
	82	+	in accordance with the manufacturer's instructions, and (3) capable of 51
	83	+	providing an alarm suitable to warn occupants when such equipment 52
	84	+	is activated. Such equipment may be operated using batteries. 53
	85	+	(e) The following shall be exempt from the requirements of 54
	86	+	subsections (a) and (b) of this section: (1) Any transfer from one or 55
	87	+	more coowners solely to one or more of the other coowners; (2) 56
	88	+	transfers made to the spouse, mother, father, brother, sister, child, 57
	89	+	grandparent or grandchild of the transferor where no consideration is 58
	90	+	paid; (3) transfers pursuant to an order of the court; (4) transfers by the 59
	91	+	federal government or any political subdivision thereof; (5) transfers 60
	92	+	by deed in lieu of foreclosure; (6) any transfer of title incident to the 61
	93	+	refinancing of an existing debt secured by a mortgage; (7) transfers by 62
	94	+	mortgage deed or other instrument to secure a debt where the 63
	95	+	transferor's title to the real property being transferred is subject to a 64
	96	+	preexisting debt secured by a mortgage; and (8) transfers made by 65
	97	+	executors, administrators, trustees or conservators. 66
	98	+	This act shall take effect as follows and shall amend the following
	99	+	sections:
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	101	+	Section 1 October 1, 2023 29-453
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	103	+	PS Joint Favorable Subst.
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