HB1589.DOC

SECTION 1. The legislature finds that automatic fire sprinkler systems significantly reduce deaths, injury, and property damage. Automatic fire sprinkler systems are commonly installed in commercial high rise buildings, but are not commonly installed in residential homes where eight out of ten fire deaths occur. The installation of smoke alarms and sprinklers is reported to reduce the risk of death in a home by eighty-two per cent. Eighty-five per cent of fires are contained by the operation of just one sprinkler head that activates closest to the fire.

Modern, lightweight construction materials, such as engineered lumber, burn quicker and fail faster in fires compared with traditional wood materials in older homes. Lightweight construction materials collapse in six minutes compared to eighteen minutes for wood. Modern furnishings also reach significantly dangerous temperatures much quicker than legacy furnishings. These environments and situations place occupants and fire fighters in extreme peril when a fire occurs in a home without sprinklers.

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 reported a decrease in the residential construction or the sale of new homes following implementation of its sprinkler requirement.

The purpose of this Act is to require builders of one- and two-family residential dwellings to provide buyers with information on the benefits and costs associated with the installation and maintenance of a residential fire sprinkler system.

SECTION 2. Section 444-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Builder" means any individual, trustee, partnership, corporation, or other entity contracting with a buyer for the construction of a new dwelling.

"Buyer" means any 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."

SECTION 3. Chapter 444, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§444-A Disclosure of residential fire sprinkler system information. 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 by the state fire council that detail the benefits of a residential fire sprinkler system. At the same time, the builder shall provide the buyer with written materials that detail 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 and at the buyer's expense, the builder shall install a residential fire sprinkler system or other requested fire suppression system.

§444-B Remedies and penalties. (a) In addition to any remedies the buyer may have at law or in equity, whenever it appears to the board that a person has engaged in, is engaging in, or is about to engage in any act or omission in violation of section 444-A, the board may initiate an administrative proceeding in accordance with chapter 91.

(b) If the board finds that any person has wilfully violated section 444-A, the person shall pay an administrative penalty for the first offense of not less than $75 nor more than $150, and for each subsequent offense, an administrative penalty of not less than $100 nor more than $250.

(c) For purposes of this section, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by section 444-A.

(d) There shall be no liability or cause of action against a real estate licensee arising out of or related to a builder's failure to provide the information required by section 444-A or for the content of the information.

§444-C Property condition report form. The board shall adopt a standard form for the disclosures required under section 444-A, by rule pursuant to chapter 91. The form shall contain the following language, in addition to other content as determined by the board. "An automatic fire sprinkler system or other fire suppression system may be available." The form shall include a link to the state fire council website."

SECTION 4. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1589
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII