OLR Bill Analysis

sSB 427 (File 195, as amended by Senate "A")*

AN ACT CONCERNING SMOKE AND CARBON MONOXIDE DETECTORS IN CERTAIN RESIDENTIAL BUILDINGS AT THE TIME THE TITLE IS TRANSFERRED.

SUMMARY:

By law, before transferring title to a one- or two-family dwelling issued a new occupancy building permit before October 1, 2005, the transferor must give the transferee an affidavit certifying that the:

1. (a) permit was issued on or after October 1, 1985 or (b) building is equipped with smoke detection and warning equipment (smoke detectors) and

2. building is either (a) equipped with carbon monoxide (CO) detection and warning equipment (CO detector) or (b) does not pose a risk of CO poisoning because it does not have a fuel-burning appliance, fireplace, or attached garage.

Under this bill, the affidavit does not constitute a warranty beyond the transfer of title.

For residences requiring an affidavit, the bill eliminates a prohibition on the smoke and CO detectors exceeding the standards under which they were tested and approved. As under existing law:

1. the CO detector must be able to show the amount of CO present as a reading in parts per million,

2. the smoke detector must be able to sense visible or invisible smoke particles,

3. the smoke detector must be installed in the immediate vicinity of each bedroom, and

4. both the CO and smoke detectors may be battery-operated and must be (a) installed in accordance with the manufacturer's instructions and (b) capable of providing an alarm suitable to warn occupants, when activated.

By law, a transferor who fails to provide the affidavit must credit the transferee with $250 at closing.

*Senate Amendment “A” eliminates provisions in the underlying bill (1) explicitly applying the affidavit requirement to condominiums and cooperatives, (2) expanding transfers exempt from the affidavit requirement, and (3) adding a disclaimer that the information in the affidavit is based on the transferor's best knowledge and belief. It also changes the effective date from October 1, 2014 to July 1, 2014.

EFFECTIVE DATE: July 1, 2014

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable Substitute

Yea

25

Nay

0

(03/13/2014)