SPONSOR:

Rep. Osienski & Sen. Ennis

 

Reps. Heffernan, J. Johnson, Keeley, Kowalko, Mitchell, D. Short

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 133

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO HOME CONSTRUCTION.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 36, Title 6 of the Delaware Code by creating a new Subchapter III by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter III. New Home Buyers Fire Protection Act

§3681 Definitions.

As used in this subchapter:

(1) "Builder" means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling.

(2) "Buyer" means any individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling.

(3) "New dwelling" means a new one- or two-family residential dwelling, having three stories or less, not previously occupied, and constructed for residential use.

§3682 Disclosure of automatic fire sprinkler system information.

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 promulgated by the Office of the State Fire Marshal which detail the benefits an automatic fire sprinkler system.At the same time, a builder shall provide written materials including the costs associated with the installation and maintenance of an automatic fire sprinkler system. Upon request of the buyer, the builder shall, at the buyer's expense, install an automatic fire sprinkler system or other requested fire suppression system.

§3683 Remedies and penalties.

(a) Failure to comply with this Subchapter shall constitute an unlawful practice in violation of §2513 of this title, and willful violations of §3682 of this title shall be punishable in accordance with §2513 or §2581 or both of this title. The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§2511-2527 and 2531-2536 of this title.

(b) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, criminal prosecutions and actions brought by private parties under common or statutory law or both.

Section 2.This Act shall apply to any contract for the construction of a new dwelling entered into on or after January 1st of the year following the Office of State Fire Marshal's preparation and promulgation of the written materials referenced in Section 3682.

SYNOPSIS

This bill requires builders of new, one- or two-family residential dwellings that are 3 stories or less to provide to the purchasers a cost estimate from the builder for an automatic sprinkler system, as well as information from the State Fire Marshal's Office about the benefits of such a system.