Bill Text: HI SB2482 | 2016 | Regular Session | Introduced
Bill Title: Residences; Fire Sprinkler Systems
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to PSM/HOU, WAM. [SB2482 Detail]
Download: Hawaii-2016-SB2482-Introduced.html
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THE SENATE |
S.B. NO. |
2482 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fire protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that automatic fire sprinkler systems, which are commonly installed in most commercial and high rise buildings, have a proven record of significantly reducing loss of life, injury, and property damage. However, eight out of ten fire deaths occur in the home, and installing both smoke alarms and sprinklers reduces the risk of death in a home by eighty-two per cent. Typically, only the sprinkler head closest to the fire will activate and eighty-five per cent of fires are contained by the operation of just one sprinkler.
The legislature also finds that engineered lumber is used as a composite joist or beam as part of today's modern, lightweight construction material. Compared with traditional wood materials in older homes, lightweight construction assembly collapses in six minutes in a fire, in contrast to eighteen minutes for wood. Modern furnishings also reach significantly dangerous temperatures much quicker than legacy furnishings, which places not only occupants, but fire fighters, in extreme peril when a fire occurs in a home without sprinklers.
The legislature further finds that California, Maryland, and the District of Columbia require residential sprinklers in all new one- and two-family dwellings. About twenty-two states do not require sprinklers, but allow local jurisdictions to require them. California has not seen any decrease in the residential construction or the sale of new homes.
The purpose of this Act is to require builders of one- and two-family dwellings to provide buyers with information on the costs associated with the installation and maintenance of a residential fire sprinkler system. The written materials prepared by the state fire council shall include the benefits of a fire sprinkler system.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
New home buyer fire protection act
§ -1 Definitions. As used in this chapter:
"Builder" means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling.
"Buyer" means an individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling.
"New dwelling" means a new one- or two-family residential dwelling, not previously occupied, and constructed for residential use.
§ -2 Disclosure of residential fire sprinkler system benefits and costs. At the time of or prior to agreeing to final pricing for construction of a new dwelling with a buyer, a builder shall provide the buyer with a copy of written materials prepared and adopted by the state fire council, which shall detail the benefits a residential fire sprinkler system. At the same time, a builder shall provide written materials, including the costs associated with the installation and maintenance of a residential fire sprinkler system. The buyer shall acknowledge receipt of the written materials in writing. Upon request of the buyer, the builder, at the buyer's expense, shall install a residential fire sprinkler system or other requested fire suppression system.
§ -3 Remedies and penalties. (a) In addition to any remedies the buyer may have at law or in equity, whenever it appears to the attorney general or the director of commerce and consumer affairs that a person has engaged in, is engaging in, or is about to engage in any act or omission in violation of this chapter, the attorney general or the director of commerce and consumer affairs may institute a court or administrative proceeding against the person.
(b) Upon a finding that any person has willfully violated this chapter, the person shall be subject for a first offense to a civil penalty of not less than $75 or more than $150 and, for each subsequent offense, a civil penalty of not less than $100 or more than $250. For the purposes of this chapter, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this chapter.
(c) There shall be no liability or cause of action against a real estate licensee, licensed by the professional and vocational licensing division of the department of commerce and consumer affairs, arising out of or related to a builder failing to provide the information required by this chapter.
§ -4 Property condition report form. (a) To effectuate this chapter, the Hawaii real estate commission shall develop a standard form or forms to be used as the seller's disclosure of real property condition report for the disclosure of the condition of the residential real property. The form or forms for different circumstances shall be adopted and amended from time to time by the real estate commission, including additional relevant content as the commission deems appropriate.
(b) The form for new construction shall include the following text:
"An automatic fire sprinkler system or other fire suppression systems may be available. For further information, visit http://labor.hawaii.gov/sfc/"."
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Residences; Fire Sprinkler Systems
Description:
Requires home builders of one- and two-family dwellings to provide buyers with information on the costs associated with the installation and maintenance of a residential fire sprinkler system.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
