THE SENATE	S.B. NO.	453
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

relating to fire protection.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to require home builders of one- and two-family dwellings to provide buyers with information on costs associated with the installation and maintenance of a residential fire sprinkler system. The written materials will include the benefits of a fire sprinkler system prepared by the state fire council.

The legislature finds that automatic fire sprinkler systems have a proven record of significantly reducing life loss, injury, and property damage and are commonly installed in most commercial and high-rise buildings. However, eight out of ten fire deaths occur in the home, and installing smoke alarms and sprinklers reduce the risk of death in a home by eighty-two per cent. 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. 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 assemblies collapsed in six minutes verses eighteen minutes for wood. Modern furnishings also reach significantly dangerous temperatures much quicker than legacy furnishings. These place not only occupants, but 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 seen any decrease in the residential construction or the sale of new homes.

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

§ -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 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.

§ -2 Disclosure of residential 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 state fire council, which detail the benefits of 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 written materials in writing. Upon the buyer's request, the builder, at the buyer's expense, shall install a residential fire sprinkler system or other requested fire suppression system.

§ -3 Violation; penalties. Upon finding that any builder has willfully violated this chapter, the builder shall be fined in accordance with section 444-23. For purposes of this section, a willful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this chapter.

§ -4 Residential fire sprinkler cost estimate form. (a) The department of commerce and consumer affairs' professional and vocational licensing division shall develop a standard form for new construction for the buyer's acceptance or rejection of a residential fire sprinkler system. The form shall include the cost estimate provided by the builder and whether or not written information on the benefits of a residential fire sprinkler system was provided by the state fire council.

(b) This form or forms may be amended from time to time by the department of commerce and consumer affairs."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

State Fire Council Package; DCCA; Fire Protection; Mandatory Disclosure Fire Protection; New Home Buyers; Builders; Contractors

Description:

Requires builders to provide cost estimates for residential fire sprinklers to potential buyers of all new one- and two-family dwellings. The state fire council shall provide written information on the benefits of a 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.