As Pending in the House Commerce and Labor Committee (L# 1679-1)

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 362


Representative Chandler 

Cosponsors: Representatives Weddington, Williams, B., Yuko, Domenick, Newcomb 

A BILL
To amend sections 3781.10 and 5302.30 of the Revised 1
Code to require fire extinguishers and carbon 2
monoxide alarms in residential buildings, to 3
direct the Board of Building Standards to adopt 4
rules that establish product and installation 5
standards for fire extinguishers and carbon 6
monoxide alarms, to require transferors of 7
residential real property to disclose whether fire 8
extinguishers and carbon monoxide alarms are 9
installed in their property, and to prohibit a 10
transferor of residential real property from 11
entering into a transfer agreement unless fire 12
extinguishers and carbon monoxide alarms are 13
installed as the bill requires.14


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

       Section 1. That sections 3781.10 and 5302.30 of the Revised 15
Code be amended to read as follows:16

       Sec. 3781.10. (A)(1) The board of building standards shall 17
formulate and adopt rules governing the erection, construction, 18
repair, alteration, and maintenance of all buildings or classes of 19
buildings specified in section 3781.06 of the Revised Code, 20
including land area incidental to those buildings, the 21
construction of industrialized units, the installation of 22
equipment, and the standards or requirements for materials used 23
in connection with those buildings. The board shall incorporate 24
those rules into separate residential and nonresidential building 25
codes. The standards shall relate to the conservation of energy 26
and the safety and sanitation of those buildings. Portable fire 27
extinguishers and carbon monoxide alarms shall be installed within 28
each residential building. The board shall adopt rules specifying 29
the locations and product and installation standards for portable 30
fire extinguishers and carbon monoxide alarms installed in 31
accordance with this division.32

       (2) The rules governing nonresidential buildings are the 33
lawful minimum requirements specified for those buildings and 34
industrialized units, except that no rule other than as provided 35
in division (C) of section 3781.108 of the Revised Code that 36
specifies a higher requirement than is imposed by any section of 37
the Revised Code is enforceable. The rules governing residential 38
buildings are uniform requirements for residential buildings in 39
any area with a building department certified to enforce the state 40
residential building code. In no case shall any local code or 41
regulation differ from the state residential building code unless 42
that code or regulation addresses subject matter not addressed by 43
the state residential building code or is adopted pursuant to 44
section 3781.01 of the Revised Code. 45

       (3) The rules adopted pursuant to this section are complete, 46
lawful alternatives to any requirements specified for buildings 47
or industrialized units in any section of the Revised Code. Except 48
as otherwise provided in division (I) of this section, the board 49
shall, on its own motion or on application made under sections 50
3781.12 and 3781.13 of the Revised Code, formulate, propose, 51
adopt, modify, amend, or repeal the rules to the extent necessary 52
or desirable to effectuate the purposes of sections 3781.06 to 53
3781.18 of the Revised Code. 54

       (B) The board shall report to the general assembly proposals 55
for amendments to existing statutes relating to the purposes 56
declared in section 3781.06 of the Revised Code that public health 57
and safety and the development of the arts require and shall 58
recommend any additional legislation to assist in carrying out 59
fully, in statutory form, the purposes declared in that section. 60
The board shall prepare and submit to the general assembly a 61
summary report of the number, nature, and disposition of the 62
petitions filed under sections 3781.13 and 3781.14 of the Revised 63
Code. 64

       (C) On its own motion or on application made under sections 65
3781.12 and 3781.13 of the Revised Code, and after thorough 66
testing and evaluation, the board shall determine by rule that any 67
particular fixture, device, material, process of manufacture, 68
manufactured unit or component, method of manufacture, system, or 69
method of construction complies with performance standards adopted 70
pursuant to section 3781.11 of the Revised Code. The board shall 71
make its determination with regard to adaptability for safe and 72
sanitary erection, use, or construction, to that described in any 73
section of the Revised Code, wherever the use of a fixture, 74
device, material, method of manufacture, system, or method of 75
construction described in that section of the Revised Code is 76
permitted by law. The board shall amend or annul any rule or issue 77
an authorization for the use of a new material or manufactured 78
unit on any like application. No department, officer, board, or 79
commission of the state other than the board of building standards 80
or the board of building appeals shall permit the use of any 81
fixture, device, material, method of manufacture, newly designed 82
product, system, or method of construction at variance with what 83
is described in any rule the board of building standards adopts or 84
issues or that is authorized by any section of the Revised Code. 85
Nothing in this section shall be construed as requiring approval, 86
by rule, of plans for an industrialized unit that conforms with 87
the rules the board of building standards adopts pursuant to 88
section 3781.11 of the Revised Code. 89

       (D) The board shall recommend rules, codes, and standards to 90
help carry out the purposes of section 3781.06 of the Revised Code 91
and to help secure uniformity of state administrative rulings and 92
local legislation and administrative action to the bureau of 93
workers' compensation, the director of commerce, any other 94
department, officer, board, or commission of the state, and to 95
legislative authorities and building departments of counties, 96
townships, and municipal corporations, and shall recommend that 97
they audit those recommended rules, codes, and standards by any 98
appropriate action that they are allowed pursuant to law or the 99
constitution. 100

       (E)(1) The board shall certify municipal, township, and 101
county building departments and the personnel of those building 102
departments, and persons and employees of individuals, firms, or 103
corporations as described in division (E)(7) of this section to 104
exercise enforcement authority, to accept and approve plans and 105
specifications, and to make inspections, pursuant to sections 106
3781.03, 3791.04, and 4104.43 of the Revised Code. 107

        (2) The board shall certify departments, personnel, and 108
persons to enforce the state residential building code, to enforce 109
the nonresidential building code, or to enforce both the 110
residential and the nonresidential building codes. Any department, 111
personnel, or person may enforce only the type of building code 112
for which certified. 113

       (3) The board shall not require a building department, its 114
personnel, or any persons that it employs to be certified for 115
residential building code enforcement if that building department 116
does not enforce the state residential building code. The board 117
shall specify, in rules adopted pursuant to Chapter 119. of the 118
Revised Code, the requirements for certification for residential 119
and nonresidential building code enforcement, which shall be 120
consistent with this division. The requirements for residential 121
and nonresidential certification may differ. Except as otherwise 122
provided in this division, the requirements shall include, but are 123
not limited to, the satisfactory completion of an initial 124
examination and, to remain certified, the completion of a 125
specified number of hours of continuing building code education 126
within each three-year period following the date of certification 127
which shall be not less than thirty hours. The rules shall provide 128
that continuing education credits and certification issued by the 129
council of American building officials, national model code 130
organizations, and agencies or entities the board recognizes are 131
acceptable for purposes of this division. The rules shall specify 132
requirements that are compatible, to the extent possible, with 133
requirements the council of American building officials and 134
national model code organizations establish. 135

       (4) The board shall establish and collect a certification and 136
renewal fee for building department personnel, and persons and 137
employees of persons, firms, or corporations as described in this 138
section, who are certified pursuant to this division.139

        (5) Any individual certified pursuant to this division shall 140
complete the number of hours of continuing building code education 141
that the board requires or, for failure to do so, forfeit 142
certification. 143

       (6) This division does not require or authorize the board to 144
certify personnel of municipal, township, and county building 145
departments, and persons and employees of persons, firms, or 146
corporations as described in this section, whose responsibilities 147
do not include the exercise of enforcement authority, the approval 148
of plans and specifications, or making inspections under the state 149
residential and nonresidential building codes. 150

       (7) Enforcement authority for approval of plans and 151
specifications and enforcement authority for inspections may be 152
exercised, and plans and specifications may be approved and 153
inspections may be made on behalf of a municipal corporation, 154
township, or county, by any of the following who the board of 155
building standards certifies: 156

       (a) Officers or employees of the municipal corporation, 157
township, or county; 158

       (b) Persons, or employees of persons, firms, or corporations, 159
pursuant to a contract to furnish architectural, engineering, or 160
other services to the municipal corporation, township, or county; 161

       (c) Officers or employees of, and persons under contract 162
with, a municipal corporation, township, county, health district, 163
or other political subdivision, pursuant to a contract to furnish 164
architectural, engineering, or other services. 165

       (8) Municipal, township, and county building departments have 166
jurisdiction within the meaning of sections 3781.03, 3791.04, and 167
4104.43 of the Revised Code, only with respect to the types of 168
buildings and subject matters for which they are certified under 169
this section. 170

        (9) Certification shall be granted upon application by the 171
municipal corporation, the board of township trustees, or the 172
board of county commissioners and approval of that application by 173
the board of building standards. The application shall set forth: 174

       (a) Whether the certification is requested for residential or 175
nonresidential buildings, or both; 176

       (b) The number and qualifications of the staff composing the 177
building department; 178

       (c) The names, addresses, and qualifications of persons, 179
firms, or corporations contracting to furnish work or services 180
pursuant to division (E)(7)(b) of this section; 181

       (d) The names of any other municipal corporation, township, 182
county, health district, or political subdivision under contract 183
to furnish work or services pursuant to division (E)(7) of this 184
section; 185

       (e) The proposed budget for the operation of the building 186
department. 187

       (10) The board of building standards shall adopt rules 188
governing all of the following: 189

       (a) The certification of building department personnel and 190
persons and employees of persons, firms, or corporations 191
exercising authority pursuant to division (E)(7) of this section. 192
The rules shall disqualify any employee of the department or 193
person who contracts for services with the department from 194
performing services for the department when that employee or 195
person would have to pass upon, inspect, or otherwise exercise 196
authority over any labor, material, or equipment the employee or 197
person furnishes for the construction, alteration, or maintenance 198
of a building or the preparation of working drawings or 199
specifications for work within the jurisdictional area of the 200
department. The department shall provide other similarly qualified 201
personnel to enforce the residential and nonresidential building 202
codes as they pertain to that work. 203

       (b) The minimum services to be provided by a certified 204
building department. 205

        (11) The board of building standards may revoke or suspend 206
certification to enforce the residential and nonresidential 207
building codes, on petition to the board by any person affected by 208
that enforcement or approval of plans, or by the board on its own 209
motion. Hearings shall be held and appeals permitted on any 210
proceedings for certification or revocation or suspension of 211
certification in the same manner as provided in section 3781.101 212
of the Revised Code for other proceedings of the board of building 213
standards. 214

       (12) Upon certification, and until that authority is revoked, 215
any county or township building department shall enforce the 216
residential and nonresidential building codes for which it is 217
certified without regard to limitation upon the authority of 218
boards of county commissioners under Chapter 307. of the Revised 219
Code or boards of township trustees under Chapter 505. of the 220
Revised Code. 221

       (F) In addition to hearings sections 3781.06 to 3781.18 and 222
3791.04 of the Revised Code require, the board of building 223
standards shall make investigations and tests, and require from 224
other state departments, officers, boards, and commissions 225
information the board considers necessary or desirable to assist 226
it in the discharge of any duty or the exercise of any power 227
mentioned in this section or in sections 3781.06 to 3781.18, 228
3791.04, and 4104.43 of the Revised Code. 229

       (G) The board shall adopt rules and establish reasonable fees 230
for the review of all applications submitted where the applicant 231
applies for authority to use a new material, assembly, or product 232
of a manufacturing process. The fee shall bear some reasonable 233
relationship to the cost of the review or testing of the 234
materials, assembly, or products and for the notification of 235
approval or disapproval as provided in section 3781.12 of the 236
Revised Code. 237

       (H) The residential construction advisory committee shall 238
provide the board with a proposal for a state residential building 239
code that the committee recommends pursuant to division (D)(1) of 240
section 4740.14 of the Revised Code. Upon receiving a 241
recommendation from the committee that is acceptable to the board, 242
the board shall adopt rules establishing that code as the state 243
residential building code. 244

       (I)(1) The committee may provide the board with proposed 245
rules to update or amend the state residential building code that 246
the committee recommends pursuant to division (E) of section 247
4740.14 of the Revised Code.248

       (2) If the board receives a proposed rule to update or amend 249
the state residential building code as provided in division (I)(1) 250
of this section, the board either may accept or reject the 251
proposed rule for incorporation into the residential building 252
code. If the board does not act to either accept or reject the 253
proposed rule within ninety days after receiving the proposed rule 254
from the committee as described in division (I)(1) of this 255
section, the proposed rule shall become part of the residential 256
building code.257

       (J) The board shall cooperate with the director of job and 258
family services when the director promulgates rules pursuant to 259
section 5104.05 of the Revised Code regarding safety and 260
sanitation in type A family day-care homes. 261

       (K) The board shall adopt rules to implement the requirements 262
of section 3781.108 of the Revised Code.263

       Sec. 5302.30.  (A) As used in this section:264

       (1) "Good faith" means honesty in fact in a transaction 265
involving the transfer of residential real property.266

       (2) "Land installment contract" has the same meaning as in 267
section 5313.01 of the Revised Code.268

       (3) "Political subdivision" and "state" have the same 269
meanings as in section 2744.01 of the Revised Code.270

       (4) "Residential real property" means real property that is 271
improved by a building or other structure that has one to four 272
dwelling units.273

       (B)(1) Except as provided in division (B)(2) of this section, 274
this section applies to any transfer of residential real property 275
that occurs on or after July 1, 1993, by sale, land installment 276
contract, lease with option to purchase, exchange, or lease for a 277
term of ninety-nine years and renewable forever. For purposes of 278
this section, a transfer occurs when the initial contract for 279
transfer is executed, regardless of when legal title is 280
transferred, and references in this section to transfer offers and 281
transfer agreements refer to offers and agreements in respect of 282
the initial contract for transfer.283

       (2) This section does not apply to any transfer of 284
residential real property that is any of the following:285

       (a) A transfer pursuant to court order, including, but not 286
limited to, a transfer ordered by a probate court during the 287
administration of a decedent's estate, a transfer pursuant to a 288
writ of execution, a transfer by a trustee in bankruptcy, a 289
transfer as a result of the exercise of the power of eminent 290
domain, and a transfer that results from a decree for specific 291
performance of a contract or other agreement between persons;292

       (b) A transfer to a mortgagee by a mortgagor by deed in lieu 293
of foreclosure or in satisfaction of the mortgage debt;294

       (c) A transfer to a beneficiary of a deed of trust by a 295
trustor in default;296

       (d) A transfer by a foreclosure sale that follows a default 297
in the satisfaction of an obligation secured by a mortgage;298

       (e) A transfer by a sale under a power of sale following a 299
default in the satisfaction of an obligation that is secured by a 300
deed of trust or another instrument containing a power of sale;301

       (f) A transfer by a mortgagee, or a beneficiary under a deed 302
of trust, who has acquired the residential real property at a sale 303
conducted pursuant to a power of sale under a mortgage or a deed 304
of trust or who has acquired the residential real property by a 305
deed in lieu of foreclosure;306

       (g) A transfer by a fiduciary in the course of the 307
administration of a decedent's estate, a guardianship, a 308
conservatorship, or a trust;309

       (h) A transfer from one co-owner to one or more other 310
co-owners;311

       (i) A transfer made to the transferor's spouse or to one or 312
more persons in the lineal line of consanguinity of one or more of 313
the transferors;314

       (j) A transfer between spouses or former spouses as a result 315
of a decree of divorce, dissolution of marriage, annulment, or 316
legal separation or as a result of a property settlement agreement 317
incidental to a decree of divorce, dissolution of marriage, 318
annulment, or legal separation;319

       (k) A transfer to or from the state, a political subdivision 320
of the state, or another governmental entity;321

       (l) A transfer that involves newly constructed residential 322
real property that previously has not been inhabited;323

       (m) A transfer to a transferee who has occupied the property 324
as a personal residence for one or more years immediately prior to 325
the transfer;326

       (n) A transfer from a transferor who both has not occupied 327
the property as a personal residence within one year immediately 328
prior to the transfer and has acquired the property through 329
inheritance or devise.330

       (C) Except as provided in division (B)(2) of this section and 331
subject to divisions (E) and (F) of this section, every person who 332
intends to transfer any residential real property on or after July 333
1, 1993, by sale, land installment contract, lease with option to 334
purchase, exchange, or lease for a term of ninety-nine years and 335
renewable forever shall complete all applicable items in a 336
property disclosure form prescribed under division (D) of this 337
section and shall deliver in accordance with division (I) of this 338
section a signed and dated copy of the completed form to each 339
prospective transferee or prospective transferee's agent as soon 340
as is practicable.341

       (D)(1) Prior to July 1, 1993, theThe director of commerce, 342
by rule adopted in accordance with Chapter 119. of the Revised 343
Code, shall prescribe the disclosure form to be completed by 344
transferors. The form prescribed by the director shall be designed 345
to permit the transferor to disclose material matters relating to 346
the physical condition of the property to be transferred, 347
including, but not limited to, the source of water supply to the 348
property; the nature of the sewer system serving the property; the 349
condition of the structure of the property, including the roof, 350
foundation, walls, and floors; the presence of hazardous materials 351
or substances, including lead-based paint, asbestos, 352
urea-formaldehyde foam insulation, and radon gas; whether the 353
property contains fire extinguishers and carbon monoxide alarms 354
that comply with the standards the director prescribes pursuant to 355
division (M)(2) of this section; and any material defects in the 356
property that are within the actual knowledge of the transferor.357

       The form also shall set forth a statement of the purpose of 358
the form, including statements substantially similar to the 359
following: that the form constitutes a statement of the conditions 360
of the property and of information concerning the property 361
actually known by the transferor; that, unless the transferee is 362
otherwise advised in writing, the transferor, other than having 363
lived at or owning the property, possesses no greater knowledge 364
than that which could be obtained by a careful inspection of the 365
property by a potential transferee; that the statement is not a 366
warranty of any kind by the transferor or by any agent or subagent 367
representing the transferor in this transaction; that the 368
statement is not a substitute for any inspections; that the 369
transferee is encouraged to obtain the transferee's own 370
professional inspection; that the representations are made by the 371
transferor and are not the representations of the transferor's 372
agent or subagent; and that the form and the representations 373
contained therein are provided by the transferor exclusively to 374
potential transferees in a transfer made by the transferor, and 375
are not made to transferees in any subsequent transfers.376

       The form shall include instructions to the transferor for 377
completing the form, space in which the transferor or transferors 378
shall sign and date the form, and space in which the transferee or 379
transferees shall sign and date the form acknowledging receipt of 380
a copy of the form and stating that the transferee or transferees 381
understand the purpose of the form as stated thereon.382

       (2) Not later than January 1, 2006, the director shall revise 383
theThe disclosure form toshall include a statement that 384
information on the operation and maintenance of the type of sewage 385
treatment system serving the property is available from the 386
department of health or the board of health of the health district 387
in which the property is located.388

       As used in this section, "sewage treatment system" has the 389
same meaning as in section 3718.01 of the Revised Code.390

       (E)(1) Each disclosure of an item of information that is 391
required to be made in the property disclosure form prescribed 392
under division (D) of this section in connection with particular 393
residential real property and each act that may be performed in 394
making any disclosure of an item of information shall be made or 395
performed in good faith.396

       (2) If an item of information is unknown to the transferor of 397
residential real property at the time the item is required to be 398
disclosed in the property disclosure form and if the approximation 399
is not used for the purpose of circumventing or otherwise evading 400
divisions (C) and (D) of this section, the transferor may make a 401
good faith approximation of the item of information.402

       (F)(1) A transferor of residential real property is not 403
liable in damages in a civil action for injury, death, or loss to 404
person or property that allegedly arises from any error in, 405
inaccuracy of, or omission of any item of information required to 406
be disclosed in the property disclosure form if the error, 407
inaccuracy, or omission was not within the transferor's actual 408
knowledge.409

       (2) If any item of information that is disclosed in the 410
property disclosure form is rendered inaccurate after the delivery 411
of the form to the transferee of residential real property or the 412
transferee's agent as a result of any act, occurrence, or 413
agreement, the subsequent inaccuracy does not cause, and shall not 414
be construed as causing, the transferor of the residential real 415
property to be in noncompliance with the requirements of divisions 416
(C) and (D) of this section.417

       (G) Any disclosure of an item of information in the property 418
disclosure form prescribed under division (D) of this section may 419
be amended in writing by the transferor of residential real 420
property at any time following the delivery of the form in 421
accordance with divisions (C) and (I) of this section. The 422
amendment shall be subject to this section.423

       (H) Except as provided in division (B)(2) of this section, 424
every prospective transferee of residential real property who 425
receives in accordance with division (C) of this section a signed 426
and dated copy of a completed property disclosure form as 427
prescribed under division (D) of this section shall acknowledge 428
receipt of the form by doing both of the following:429

       (1) Signing and dating a copy of the form;430

       (2) Delivering a signed and dated copy of the form to the 431
transferor or the transferor's agent or subagent.432

       (I) The transferor's delivery under division (C) of this 433
section of a property disclosure form as prescribed under division 434
(D) of this section and the prospective transferee's delivery 435
under division (H) of this section of an acknowledgment of receipt 436
of that form shall be made by personal delivery to the other party 437
or the other party's agent or subagent, by ordinary mail or 438
certified mail, return receipt requested, or by facsimile 439
transmission. For the purposes of the delivery requirements of 440
this section, the delivery of a property disclosure form to a 441
prospective co-transferee of residential real property or a 442
prospective co-transferee's agent shall be considered delivery to 443
the other prospective transferees unless otherwise provided by 444
contract.445

       (J) The specification of items of information that must be 446
disclosed in the property disclosure form as prescribed under 447
division (D)(1) of this section does not limit or abridge, and 448
shall not be construed as limiting or abridging, any obligation to 449
disclose an item of information that is created by any other 450
provision of the Revised Code or the common law of this state or 451
that may exist in order to preclude fraud, either by 452
misrepresentation, concealment, or nondisclosure in a transaction 453
involving the transfer of residential real property. The 454
disclosure requirements of this section do not bar, and shall not 455
be construed as barring, the application of any legal or equitable 456
defense that a transferor of residential real property may assert 457
in a civil action commenced against the transferor by a 458
prospective or actual transferee of that property.459

       (K)(1) Except as provided in division (K)(2) of this section, 460
but subject to divisions (J) and (L) of this section, a transfer 461
of residential real property that is subject to this section shall 462
not be invalidated because of the failure of the transferor to 463
provide to the transferee in accordance with division (C) of this 464
section a completed property disclosure form as prescribed under 465
division (D) of this section.466

       (2) Subject to division (K)(3)(c) of this section, if a 467
transferee of residential real property that is subject to this 468
section receives a property disclosure form or an amendment of 469
that form as described in division (G) of this section after the 470
transferee has entered into a transfer agreement with respect to 471
the property, the transferee, after receipt of the form or 472
amendment, may rescind the transfer agreement in a written, 473
signed, and dated document that is delivered to the transferor or 474
the transferor's agent or subagent in accordance with divisions 475
(K)(3)(a) and (b) of this section, without incurring any legal 476
liability to the transferor because of the rescission, including, 477
but not limited to, a civil action for specific performance of the 478
transfer agreement. Upon the rescission of the transfer agreement, 479
the transferee is entitled to the return of, and the transferor 480
shall return, any deposits made by the transferee in connection 481
with the proposed transfer of the residential real property.482

       (3)(a) Subject to division (K)(3)(b) of this section, a 483
rescission of a transfer agreement under division (K)(2) of this 484
section only may occur if the transferee's written, signed, and 485
dated document of rescission is delivered to the transferor or the 486
transferor's agent or subagent within three business days 487
following the date on which the transferee or the transferee's 488
agent receives the property disclosure form prescribed under 489
division (D) of this section or the amendment of that form as 490
described in division (G) of this section.491

       (b) A transferee may not rescind a transfer agreement under 492
division (K)(2) of this section unless the transferee rescinds the 493
transfer agreement by the earlier of the date that is thirty days 494
after the date upon which the transferor accepted the transferee's 495
transfer offer or the date of the closing of the transfer of the 496
residential real property.497

       (c) A transferee of residential real property may waive the 498
right of rescission of a transfer agreement described in division 499
(K)(2) of this section.500

       (d) A rescission of a transfer agreement is not permissible 501
under division (K)(2) of this section if a transferee of 502
residential real property that is subject to this section receives 503
a property disclosure form as prescribed under division (D) of 504
this section or an amendment of that form as described in division 505
(G) of this section prior to the transferee's submission to the 506
transferor or the transferor's agent or subagent of a transfer 507
offer and the transferee's entry into a transfer agreement with 508
respect to the property.509

       (4) If a transferee of residential real property subject to 510
this section does not receive a property disclosure form from the 511
transferor after the transferee has submitted to the transferor or 512
the transferor's agent or subagent a transfer offer and has 513
entered into a transfer agreement with respect to the property, 514
the transferee may rescind the transfer agreement in a written, 515
signed, and dated document that is delivered to the transferor or 516
the transferor's agent or subagent in accordance with division 517
(K)(4) of this section without incurring any legal liability to 518
the transferor because of the rescission, including, but not 519
limited to, a civil action for specific performance of the 520
transfer agreement. Upon the rescission of the transfer agreement, 521
the transferee is entitled to the return of, and the transferor 522
shall return, any deposits made by the transferee in connection 523
with the proposed transfer of the residential real property. A 524
transferee may not rescind a transfer agreement under division 525
(K)(4) of this section unless the transferee rescinds the transfer 526
agreement by the earlier of the date that is thirty days after the 527
date upon which the transferor accepted the transferee's transfer 528
offer or the date of the closing of the transfer of the 529
residential real property.530

       (L) The right of rescission of a transfer agreement described 531
in division (K)(2) of this section or the absence of that right 532
does not affect, and shall not be construed as affecting, any 533
other legal causes of action or other remedies that a transferee 534
or prospective transferee of residential real property may possess 535
against the transferor of that property.536

       (M)(1) No transferor shall enter into an agreement to 537
transfer residential real property unless that property has 538
installed and operative fire extinguishers and carbon monoxide 539
alarms that comply with the standards the director of commerce 540
establishes pursuant to division (M)(2) of this section. A 541
transferee may rescind a transfer agreement pursuant to the 542
procedures described in division (K)(3)(a) of this section if the 543
transferee receives a form that indicates that the property does 544
not contain functioning fire extinguishers and carbon monoxide 545
alarms required under this division.546

       (2) The director shall prescribe product and installation 547
standards for fire extinguishers and carbon monoxide alarms that 548
are consistent with the standards the board of building standards 549
adopts by rule pursuant to division (A)(1) of section 3781.10 of 550
the Revised Code.551

       Section 2. That existing sections 3781.10 and 5302.30 of the 552
Revised Code are hereby repealed.553

       Section 3. One hundred eighty days after the board of 554
building standards adopts the rules establishing the requirements 555
for fire extinguishers and carbon monoxide alarms pursuant to 556
division (A)(1) of section 3781.10 of the Revised Code, as amended 557
by this act, all residential buildings shall have installed and in 558
operation fire extinguishers and carbon monoxide alarms that 559
satisfy the standards the board establishes. As used in this 560
section, "residential building" has the same meaning as in section 561
3781.06 of the Revised Code.562