Connecticut Seal

General Assembly

 

Raised Bill No. 427

February Session, 2014

 

LCO No. 2087

 

*02087_______PS_*

Referred to Committee on PUBLIC SAFETY AND SECURITY

 

Introduced by:

 

(PS)

 

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

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 29-453 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) Prior to transferring title to any real property containing a residential building designed to be occupied by one or two families, including cooperatives and condominiums, for which a building permit for new occupancy was issued prior to October 1, 2005, the transferor of such real property shall present to the transferee an affidavit certifying to the best knowledge and belief of the transferor (1) that such building permit for new occupancy was issued on or after October 1, 1985, or that such residential building is equipped with smoke detection and warning equipment complying with this section, and (2) that such residential building is equipped with carbon monoxide detection and warning equipment complying with this section or does not pose a risk of carbon monoxide poisoning because such residential building does not contain a fuel-burning appliance, fireplace or attached garage. Any representations made by such transferor on the affidavit shall not be construed to create any new implied or express warranties on behalf of the transferor.

(b) Any transferor who fails to comply with the provisions of subsection (a) of this section shall credit the transferee with the sum of two hundred fifty dollars at closing.

(c) Any smoke detection and warning equipment required pursuant to subsection (a) of this section shall (1) be capable of sensing visible or invisible smoke particles, (2) be installed in accordance with the manufacturer's instructions, and [in the immediate vicinity of each bedroom, (3) not exceed the standards under which such equipment was tested and approved, and (4)] (3) be capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.

(d) Any carbon monoxide detection and warning equipment required pursuant to subsection (a) of this section shall (1) be capable of showing the amount of carbon monoxide present as a reading in parts per million, (2) be installed in accordance with the manufacturer's instructions, and (3) [not exceed the standards under which such equipment was tested and approved, and (4)] be capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.

(e) The following shall be exempt from the requirements of subsections (a) and (b) of this section: (1) Any transfer from one or more coowners solely to one or more of the other coowners; (2) transfers made to the spouse, mother, father, brother, sister, child, grandparent or grandchild of the transferor where no consideration is paid; (3) transfers pursuant to an order of the court; (4) transfers by the federal government or any political subdivision thereof; (5) transfers by a judgment of strict foreclosure by foreclosure by sale or by deed in lieu of foreclosure; (6) any transfer of title incident to the refinancing of an existing debt secured by a mortgage; (7) transfers by mortgage deed or other instrument to secure a debt where the transferor's title to the real property being transferred is subject to a preexisting debt secured by a mortgage; [and] (8) transfers made by executors, administrators, trustees or conservators; (9) transfers by short sale; and (10) transfers that occur not later than six months after the date on which the property was previously conveyed to the transferor if the transferor is (A) an employer that acquired the property from an employee pursuant to an employee relocation plan, or (B) an entity in the business of purchasing and selling residential property of employees who are being relocated pursuant to an employee relocation plan. For purposes of this section, "short sale" has the same meaning as provided in subdivision (5) of subsection (a) of section 36a-671.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

29-453

Statement of Purpose:

To require the affidavit regarding smoke and carbon monoxide detectors to be based on the transferor's knowledge and belief at the time the title is transferred and to exempt certain transfers.

[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.]