Bill Text: NJ A2123 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires municipal certification of installation of automatic rain sensors on lawn sprinklers as condition of transfer of residential property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A2123 Detail]
Download: New_Jersey-2010-A2123-Introduced.html
Sponsored by:
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Requires municipal certification of installation of automatic rain sensors on lawn sprinklers as condition of transfer of residential property.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the installation of automatic rain sensor devices, amending P.L.2000, c.107, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2000, c.107 (C.52:27D-123.13) is amended to read as follows:
1. a. An automatic lawn sprinkler system installed after [the effective date of P.L.2000, c.107 (C.52:27D-123.13)] September 8, 2000 on any residential property shall be equipped with an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.
b. (1) Every contract of sale of real property, in the case of residential premises, upon which a lawn sprinkler system was installed prior to September 8, 2000 shall include a provision requiring, as a condition of the sale, the installation of an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.
(2) Closing of title on the sale of any real property shall not occur unless documentation is provided demonstrating the installation of an automatic rain sensor device or switch as required by paragraph (1) of this subsection. At closing, the buyer and seller both shall certify in writing that the requirements of this subsection have been met.
(cf: P.L.2000, c.107, s.1)
2. (New section) In any case where a change of occupancy of any real property subject to the requirements of section 1 of P.L.2000, c.107 (C.52:27D-123.13) is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no such certificate shall issue until the municipal officer or agency responsible for its issuance has determined that the lawn sprinkler system installed upon the real property is equipped with an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred as required by section 1 of P.L.2000, c.107 (C.52:27D-123.13).
3. (New section) An owner who sells, leases, rents or otherwise permits to be utilized or occupied for residential purposes any premises subject to the provisions of P.L.2000, c.107 when the premises do not comply with the requirements of section 1 of P.L.2000, c.107 (C.52:27D-123.13), or without complying with the inspection and certification requirements of section 2 of P.L. , c. (C. )(pending before the Legislature as this bill), shall be subject to a fine of not more than $500 to be collected in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
4. This act shall take effect immediately.
STATEMENT
The provisions of P.L.2000, c.107 (C.52:27D-123.13) require the installation of an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred. This requirement is limited to lawn sprinkler systems installed after September 8, 2000.
This bill requires that every contract of sale of real property to be utilized or occupied for residential purposes, upon which a lawn sprinkler system was installed prior to September 8, 2000 shall include a provision requiring, as a condition of the sale, the installation of an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.
This bill also requires municipal certification that the lawn sprinkler system installed upon the residential property is equipped with an automatic rain sensor device or switch as a condition of transfer of the property.
