The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 362 As Reported by the House Commerce and Labor Committee
As Reported by the House Commerce and Labor Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Weddington, Williams, B., Yuko, Domenick, Newcomb
A BILL
To amend sections 3781.10, 4740.14, and 5302.30 and
to enact section 3781.032 of the Revised Code to
require carbon monoxide alarms and portable fire
extinguishers in residential buildings, to direct
the Board of Building Standards to adopt rules
that establish product and installation standards
for carbon monoxide alarms and portable fire
extinguishers, and to require transferors of
residential real property to disclose whether
carbon monoxide alarms and portable fire
extinguishers are installed in their property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3781.10, 4740.14, and 5302.30 be
amended and section 3781.032 of the Revised Code be enacted to
read as follows:
Sec. 3781.032. If a person wishes to bring a claim against a
manufacturer or supplier of a carbon monoxide alarm or portable
fire extinguisher required to be installed under rules adopted by
the board of building standards pursuant to division (A) of
section 3781.10 of the Revised Code for a defect in operation of
any component of such a carbon monoxide alarm or portable fire
extinguisher, the person shall bring that action in accordance
with sections 2307.71 to 2307.80 of the Revised Code.
Sec. 3781.10. (A)(1) The board of building standards shall
formulate and adopt rules governing the erection, construction,
repair, alteration, and maintenance of all buildings or classes of
buildings specified in section 3781.06 of the Revised Code,
including land area incidental to those buildings, the
construction of industrialized units, the installation of
equipment, and the standards or requirements for materials used in
connection with those buildings. The board shall incorporate those
rules into separate residential and nonresidential building codes.
The standards shall relate to the conservation of energy and the
safety and sanitation of those buildings.
The board shall include
both of the following in the rules governing residential
buildings:
(a) A requirement that carbon monoxide alarms and portable
fire extinguishers shall be installed within each residential
building;
(b) Rules specifying the locations and product and
installation standards for those carbon monoxide alarms and
portable fire extinguishers to be installed in residential
buildings in accordance with the rules the board adopts under
division (A)(1) of this section.
(2) The rules governing nonresidential buildings are the
lawful minimum requirements specified for those buildings and
industrialized units, except that no rule other than as provided
in division (C) of section 3781.108 of the Revised Code that
specifies a higher requirement than is imposed by any section of
the Revised Code is enforceable. The rules governing residential
buildings are uniform requirements for residential buildings in
any area with a building department certified to enforce the state
residential building code. In no case shall any local code or
regulation differ from the state residential building code unless
that code or regulation addresses subject matter not addressed by
the state residential building code or is adopted pursuant to
section 3781.01 of the Revised Code.
(3) The rules adopted pursuant to this section are complete,
lawful alternatives to any requirements specified for buildings or
industrialized units in any section of the Revised Code. Except as
otherwise provided in division (I) of this section, the board
shall, on its own motion or on application made under sections
3781.12 and 3781.13 of the Revised Code, formulate, propose,
adopt, modify, amend, or repeal the rules to the extent necessary
or desirable to effectuate the purposes of sections 3781.06 to
3781.18 of the Revised Code.
(B) The board shall report to the general assembly proposals
for amendments to existing statutes relating to the purposes
declared in section 3781.06 of the Revised Code that public health
and safety and the development of the arts require and shall
recommend any additional legislation to assist in carrying out
fully, in statutory form, the purposes declared in that section.
The board shall prepare and submit to the general assembly a
summary report of the number, nature, and disposition of the
petitions filed under sections 3781.13 and 3781.14 of the Revised
Code.
(C) On its own motion or on application made under sections
3781.12 and 3781.13 of the Revised Code, and after thorough
testing and evaluation, the board shall determine by rule that any
particular fixture, device, material, process of manufacture,
manufactured unit or component, method of manufacture, system, or
method of construction complies with performance standards adopted
pursuant to section 3781.11 of the Revised Code. The board shall
make its determination with regard to adaptability for safe and
sanitary erection, use, or construction, to that described in any
section of the Revised Code, wherever the use of a fixture,
device, material, method of manufacture, system, or method of
construction described in that section of the Revised Code is
permitted by law. The board shall amend or annul any rule or issue
an authorization for the use of a new material or manufactured
unit on any like application. No department, officer, board, or
commission of the state other than the board of building standards
or the board of building appeals shall permit the use of any
fixture, device, material, method of manufacture, newly designed
product, system, or method of construction at variance with what
is described in any rule the board of building standards adopts or
issues or that is authorized by any section of the Revised Code.
Nothing in this section shall be construed as requiring approval,
by rule, of plans for an industrialized unit that conforms with
the rules the board of building standards adopts pursuant to
section 3781.11 of the Revised Code.
(D) The board shall recommend rules, codes, and standards to
help carry out the purposes of section 3781.06 of the Revised Code
and to help secure uniformity of state administrative rulings and
local legislation and administrative action to the bureau of
workers' compensation, the director of commerce, any other
department, officer, board, or commission of the state, and to
legislative authorities and building departments of counties,
townships, and municipal corporations, and shall recommend that
they audit those recommended rules, codes, and standards by any
appropriate action that they are allowed pursuant to law or the
constitution.
(E)(1) The board shall certify municipal, township, and
county building departments and the personnel of those building
departments, and persons and employees of individuals, firms, or
corporations as described in division (E)(7) of this section to
exercise enforcement authority, to accept and approve plans and
specifications, and to make inspections, pursuant to sections
3781.03, 3791.04, and 4104.43 of the Revised Code.
(2) The board shall certify departments, personnel, and
persons to enforce the state residential building code, to enforce
the nonresidential building code, or to enforce both the
residential and the nonresidential building codes. Any department,
personnel, or person may enforce only the type of building code
for which certified.
(3) The board shall not require a building department, its
personnel, or any persons that it employs to be certified for
residential building code enforcement if that building department
does not enforce the state residential building code. The board
shall specify, in rules adopted pursuant to Chapter 119. of the
Revised Code, the requirements for certification for residential
and nonresidential building code enforcement, which shall be
consistent with this division. The requirements for residential
and nonresidential certification may differ. Except as otherwise
provided in this division, the requirements shall include, but are
not limited to, the satisfactory completion of an initial
examination and, to remain certified, the completion of a
specified number of hours of continuing building code education
within each three-year period following the date of certification
which shall be not less than thirty hours. The rules shall provide
that continuing education credits and certification issued by the
council of American building officials, national model code
organizations, and agencies or entities the board recognizes are
acceptable for purposes of this division. The rules shall specify
requirements that are compatible, to the extent possible, with
requirements the council of American building officials and
national model code organizations establish.
(4) The board shall establish and collect a certification and
renewal fee for building department personnel, and persons and
employees of persons, firms, or corporations as described in this
section, who are certified pursuant to this division.
(5) Any individual certified pursuant to this division shall
complete the number of hours of continuing building code education
that the board requires or, for failure to do so, forfeit
certification.
(6) This division does not require or authorize the board to
certify personnel of municipal, township, and county building
departments, and persons and employees of persons, firms, or
corporations as described in this section, whose responsibilities
do not include the exercise of enforcement authority, the approval
of plans and specifications, or making inspections under the state
residential and nonresidential building codes.
(7) Enforcement authority for approval of plans and
specifications and enforcement authority for inspections may be
exercised, and plans and specifications may be approved and
inspections may be made on behalf of a municipal corporation,
township, or county, by any of the following who the board of
building standards certifies:
(a) Officers or employees of the municipal corporation,
township, or county;
(b) Persons, or employees of persons, firms, or corporations,
pursuant to a contract to furnish architectural, engineering, or
other services to the municipal corporation, township, or county;
(c) Officers or employees of, and persons under contract
with, a municipal corporation, township, county, health district,
or other political subdivision, pursuant to a contract to furnish
architectural, engineering, or other services.
(8) Municipal, township, and county building departments have
jurisdiction within the meaning of sections 3781.03, 3791.04, and
4104.43 of the Revised Code, only with respect to the types of
buildings and subject matters for which they are certified under
this section.
(9) Certification shall be granted upon application by the
municipal corporation, the board of township trustees, or the
board of county commissioners and approval of that application by
the board of building standards. The application shall set forth:
(a) Whether the certification is requested for residential or
nonresidential buildings, or both;
(b) The number and qualifications of the staff composing the
building department;
(c) The names, addresses, and qualifications of persons,
firms, or corporations contracting to furnish work or services
pursuant to division (E)(7)(b) of this section;
(d) The names of any other municipal corporation, township,
county, health district, or political subdivision under contract
to furnish work or services pursuant to division (E)(7) of this
section;
(e) The proposed budget for the operation of the building
department.
(10) The board of building standards shall adopt rules
governing all of the following:
(a) The certification of building department personnel and
persons and employees of persons, firms, or corporations
exercising authority pursuant to division (E)(7) of this section.
The rules shall disqualify any employee of the department or
person who contracts for services with the department from
performing services for the department when that employee or
person would have to pass upon, inspect, or otherwise exercise
authority over any labor, material, or equipment the employee or
person furnishes for the construction, alteration, or maintenance
of a building or the preparation of working drawings or
specifications for work within the jurisdictional area of the
department. The department shall provide other similarly qualified
personnel to enforce the residential and nonresidential building
codes as they pertain to that work.
(b) The minimum services to be provided by a certified
building department.
(11) The board of building standards may revoke or suspend
certification to enforce the residential and nonresidential
building codes, on petition to the board by any person affected by
that enforcement or approval of plans, or by the board on its own
motion. Hearings shall be held and appeals permitted on any
proceedings for certification or revocation or suspension of
certification in the same manner as provided in section 3781.101
of the Revised Code for other proceedings of the board of building
standards.
(12) Upon certification, and until that authority is revoked,
any county or township building department shall enforce the
residential and nonresidential building codes for which it is
certified without regard to limitation upon the authority of
boards of county commissioners under Chapter 307. of the Revised
Code or boards of township trustees under Chapter 505. of the
Revised Code.
(F) In addition to hearings sections 3781.06 to 3781.18 and
3791.04 of the Revised Code require, the board of building
standards shall make investigations and tests, and require from
other state departments, officers, boards, and commissions
information the board considers necessary or desirable to assist
it in the discharge of any duty or the exercise of any power
mentioned in this section or in sections 3781.06 to 3781.18,
3791.04, and 4104.43 of the Revised Code.
(G) The board shall adopt rules and establish reasonable fees
for the review of all applications submitted where the applicant
applies for authority to use a new material, assembly, or product
of a manufacturing process. The fee shall bear some reasonable
relationship to the cost of the review or testing of the
materials, assembly, or products and for the notification of
approval or disapproval as provided in section 3781.12 of the
Revised Code.
(H) The residential construction advisory committee shall
provide the board with a proposal for a state residential building
code that the committee recommends pursuant to division (D)(1) of
section 4740.14 of the Revised Code. Upon receiving a
recommendation from the committee that is acceptable to the board,
the board shall adopt rules establishing that code as the state
residential building code.
(I)(1) The committee may provide the board with proposed
rules to update or amend the state residential building code that
the committee recommends pursuant to division (E)(F) of section
4740.14 of the Revised Code.
(2) If the board receives a proposed rule to update or amend
the state residential building code as provided in division (I)(1)
of this section, the board either may accept or reject the
proposed rule for incorporation into the residential building
code. If the board does not act to either accept or reject the
proposed rule within ninety days after receiving the proposed rule
from the committee as described in division (I)(1) of this
section, the proposed rule shall become part of the residential
building code.
(J) The board shall cooperate with the director of job and
family services when the director promulgates rules pursuant to
section 5104.05 of the Revised Code regarding safety and
sanitation in type A family day-care homes.
(K) The board shall adopt rules to implement the requirements
of section 3781.108 of the Revised Code.
Sec. 4740.14. (A) There is hereby created within the
department of commerce the residential construction advisory
committee consisting of nine persons the director of commerce
appoints. Of the advisory committee's members, three shall be
general contractors who have recognized ability and experience in
the construction of residential buildings, two shall be building
officials who have experience administering and enforcing a
residential building code, one, chosen from a list of three names
the Ohio fire chief's association submits, shall be from the fire
service certified as a fire safety inspector who has at least ten
years of experience enforcing fire or building codes, one shall be
a residential contractor who has recognized ability and experience
in the remodeling and construction of residential buildings, one
shall be an architect registered pursuant to Chapter 4703. of the
Revised Code, with recognized ability and experience in the
architecture of residential buildings, and one, chosen from a list
of three names the Ohio municipal league submits to the director,
shall be a mayor of a municipal corporation in which the Ohio
residential building code is being enforced in the municipal
corporation by a certified building department.
(B) The director shall make appointments to the advisory
committee within ninety days after May 27, 2005.
Terms of office shall be for three years, with each term
ending on the date three years after the date of appointment. Each
member shall hold office from the date of appointment until the
end of the term for which the member was appointed. The director
shall fill a vacancy in the manner provided for initial
appointments. Any member appointed to fill a vacancy in an
unexpired term shall hold office for the remainder of that term.
(C) The advisory committee shall do all of the following:
(1) Recommend to the board of building standards a building
code for residential buildings. The committee shall recommend a
code that it may model on a residential building code a national
model code organization issues, with adaptations necessary to
implement the code in this state. If the board of building
standards decides not to adopt a code the committee recommends,
the committee shall revise the code and resubmit it until the
board adopts a code the committee recommends as the state
residential building code;.
(2) Advise the board regarding the establishment of standards
for certification of building officials who enforce the state
residential building code;
(3) Assist the board in providing information and guidance to
residential contractors and building officials who enforce the
state residential building code;
(4) Advise the board regarding the interpretation of the
state residential building code;
(5) Provide other assistance the committee considers
necessary;
(6) Provide the board with a written report of the
committee's findings for each consideration required by division
(D) of this section.
(D) The committee shall not make its recommendation to the
board pursuant to divisions (C)(1), (2), and (4) of this section
until the advisory committee has considered all of the following:
(1) The impact that the state residential building code may
have upon the health, safety, and welfare of the public;
(2) The economic reasonableness of the residential building
code;
(3) The technical feasibility of the residential building
code;
(4) The financial impact that the residential building code
may have on the public's ability to purchase affordable housing.
(E) The advisory committee shall include both of the
following in the recommendations the advisory committee makes to
the board pursuant to division (C)(1) of this section:
(1) A requirement that carbon monoxide alarms and portable
fire extinguishers be installed within each residential building;
(2) Rules specifying the locations and product and
installation standards for carbon monoxide alarms and portable
fire extinguishers.
(F) The advisory committee may provide the board with any
rule the committee recommends to update or amend the state
residential building code or any rule that the committee
recommends to update or amend the state residential building code
after receiving a petition described in division (A)(2) of section
3781.12 of the Revised Code.
(F)(G) Members of the advisory committee shall receive no
salary for the performance of their duties as members, but shall
receive their actual and necessary expenses incurred in the
performance of their duties as members of the advisory committee
and shall receive a per diem for each day in attendance at an
official meeting of the committee, to be paid from the labor
operating fund in the state treasury, using fees collected in
connection with residential buildings pursuant to division (F)(2)
of section 3781.102 of the Revised Code and deposited in that
fund.
(G)(H) The advisory committee is not subject to divisions (A)
and (B) of section 101.84 of the Revised Code.
Sec. 5302.30. (A) As used in this section:
(1) "Good faith" means honesty in fact in a transaction
involving the transfer of residential real property.
(2) "Land installment contract" has the same meaning as in
section 5313.01 of the Revised Code.
(3) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(4) "Residential real property" means real property that is
improved by a building or other structure that has one to four
dwelling units.
(B)(1) Except as provided in division (B)(2) of this section,
this section applies to any transfer of residential real property
that occurs on or after July 1, 1993, by sale, land installment
contract, lease with option to purchase, exchange, or lease for a
term of ninety-nine years and renewable forever. For purposes of
this section, a transfer occurs when the initial contract for
transfer is executed, regardless of when legal title is
transferred, and references in this section to transfer offers and
transfer agreements refer to offers and agreements in respect of
the initial contract for transfer.
(2) This section does not apply to any transfer of
residential real property that is any of the following:
(a) A transfer pursuant to court order, including, but not
limited to, a transfer ordered by a probate court during the
administration of a decedent's estate, a transfer pursuant to a
writ of execution, a transfer by a trustee in bankruptcy, a
transfer as a result of the exercise of the power of eminent
domain, and a transfer that results from a decree for specific
performance of a contract or other agreement between persons;
(b) A transfer to a mortgagee by a mortgagor by deed in lieu
of foreclosure or in satisfaction of the mortgage debt;
(c) A transfer to a beneficiary of a deed of trust by a
trustor in default;
(d) A transfer by a foreclosure sale that follows a default
in the satisfaction of an obligation secured by a mortgage;
(e) A transfer by a sale under a power of sale following a
default in the satisfaction of an obligation that is secured by a
deed of trust or another instrument containing a power of sale;
(f) A transfer by a mortgagee, or a beneficiary under a deed
of trust, who has acquired the residential real property at a sale
conducted pursuant to a power of sale under a mortgage or a deed
of trust or who has acquired the residential real property by a
deed in lieu of foreclosure;
(g) A transfer by a fiduciary in the course of the
administration of a decedent's estate, a guardianship, a
conservatorship, or a trust;
(h) A transfer from one co-owner to one or more other
co-owners;
(i) A transfer made to the transferor's spouse or to one or
more persons in the lineal line of consanguinity of one or more of
the transferors;
(j) A transfer between spouses or former spouses as a result
of a decree of divorce, dissolution of marriage, annulment, or
legal separation or as a result of a property settlement agreement
incidental to a decree of divorce, dissolution of marriage,
annulment, or legal separation;
(k) A transfer to or from the state, a political subdivision
of the state, or another governmental entity;
(l) A transfer that involves newly constructed residential
real property that previously has not been inhabited;
(m) A transfer to a transferee who has occupied the property
as a personal residence for one or more years immediately prior to
the transfer;
(n) A transfer from a transferor who both has not occupied
the property as a personal residence within one year immediately
prior to the transfer and has acquired the property through
inheritance or devise.
(C) Except as provided in division (B)(2) of this section and
subject to divisions (E) and (F) of this section, every person who
intends to transfer any residential real property on or after July
1, 1993, by sale, land installment contract, lease with option to
purchase, exchange, or lease for a term of ninety-nine years and
renewable forever shall complete all applicable items in a
property disclosure form prescribed under division (D) of this
section and shall deliver in accordance with division (I) of this
section a signed and dated copy of the completed form to each
prospective transferee or prospective transferee's agent as soon
as is practicable.
(D)(1) Prior to July 1, 1993, the The director of commerce,
by rule adopted in accordance with Chapter 119. of the Revised
Code, shall prescribe the disclosure form to be completed by
transferors. The form prescribed by the director shall be designed
to permit the transferor to disclose material matters relating to
the physical condition of the property to be transferred,
including, but not limited to, the source of water supply to the
property; the nature of the sewer system serving the property; the
condition of the structure of the property, including the roof,
foundation, walls, and floors; the presence of hazardous materials
or substances, including lead-based paint, asbestos,
urea-formaldehyde foam insulation, and radon gas; and any material
defects in the property that are within the actual knowledge of
the transferor.
Not later than eighteen months after the effective date of
this amendment, the director shall revise the disclosure form to
include a provision to permit a transferor to disclose whether the
property contains carbon monoxide alarms and portable fire
extinguishers that comply with the standards the board of building
standards adopts pursuant to division (A) of section 3781.10 of
the Revised Code.
The form also shall set forth a statement of the purpose of
the form, including statements substantially similar to the
following: that the form constitutes a statement of the conditions
of the property and of information concerning the property
actually known by the transferor; that, unless the transferee is
otherwise advised in writing, the transferor, other than having
lived at or owning the property, possesses no greater knowledge
than that which could be obtained by a careful inspection of the
property by a potential transferee; that the statement is not a
warranty of any kind by the transferor or by any agent or subagent
representing the transferor in this transaction; that the
statement is not a substitute for any inspections; that the
transferee is encouraged to obtain the transferee's own
professional inspection; that the representations are made by the
transferor and are not the representations of the transferor's
agent or subagent; and that the form and the representations
contained therein are provided by the transferor exclusively to
potential transferees in a transfer made by the transferor, and
are not made to transferees in any subsequent transfers.
The form shall include instructions to the transferor for
completing the form, space in which the transferor or transferors
shall sign and date the form, and space in which the transferee or
transferees shall sign and date the form acknowledging receipt of
a copy of the form and stating that the transferee or transferees
understand the purpose of the form as stated thereon.
(2) Not later than January 1, 2006, the director shall revise
the The disclosure form to shall include a statement that
information on the operation and maintenance of the type of sewage
treatment system serving the property is available from the
department of health or the board of health of the health district
in which the property is located.
As used in this section, "sewage treatment system" has the
same meaning as in section 3718.01 of the Revised Code.
(E)(1) Each disclosure of an item of information that is
required to be made in the property disclosure form prescribed
under division (D) of this section in connection with particular
residential real property and each act that may be performed in
making any disclosure of an item of information shall be made or
performed in good faith.
(2) If an item of information is unknown to the transferor of
residential real property at the time the item is required to be
disclosed in the property disclosure form and if the approximation
is not used for the purpose of circumventing or otherwise evading
divisions (C) and (D) of this section, the transferor may make a
good faith approximation of the item of information.
(F)(1) A transferor of residential real property is not
liable in damages in a civil action for injury, death, or loss to
person or property that allegedly arises from any error in,
inaccuracy of, or omission of any item of information required to
be disclosed in the property disclosure form if the error,
inaccuracy, or omission was not within the transferor's actual
knowledge.
(2) If any item of information that is disclosed in the
property disclosure form is rendered inaccurate after the delivery
of the form to the transferee of residential real property or the
transferee's agent as a result of any act, occurrence, or
agreement, the subsequent inaccuracy does not cause, and shall not
be construed as causing, the transferor of the residential real
property to be in noncompliance with the requirements of divisions
(C) and (D) of this section.
(G) Any disclosure of an item of information in the property
disclosure form prescribed under division (D) of this section may
be amended in writing by the transferor of residential real
property at any time following the delivery of the form in
accordance with divisions (C) and (I) of this section. The
amendment shall be subject to this section.
(H) Except as provided in division (B)(2) of this section,
every prospective transferee of residential real property who
receives in accordance with division (C) of this section a signed
and dated copy of a completed property disclosure form as
prescribed under division (D) of this section shall acknowledge
receipt of the form by doing both of the following:
(1) Signing and dating a copy of the form;
(2) Delivering a signed and dated copy of the form to the
transferor or the transferor's agent or subagent.
(I) The transferor's delivery under division (C) of this
section of a property disclosure form as prescribed under division
(D) of this section and the prospective transferee's delivery
under division (H) of this section of an acknowledgment of receipt
of that form shall be made by personal delivery to the other party
or the other party's agent or subagent, by ordinary mail or
certified mail, return receipt requested, or by facsimile
transmission. For the purposes of the delivery requirements of
this section, the delivery of a property disclosure form to a
prospective co-transferee of residential real property or a
prospective co-transferee's agent shall be considered delivery to
the other prospective transferees unless otherwise provided by
contract.
(J) The specification of items of information that must be
disclosed in the property disclosure form as prescribed under
division (D)(1) of this section does not limit or abridge, and
shall not be construed as limiting or abridging, any obligation to
disclose an item of information that is created by any other
provision of the Revised Code or the common law of this state or
that may exist in order to preclude fraud, either by
misrepresentation, concealment, or nondisclosure in a transaction
involving the transfer of residential real property. The
disclosure requirements of this section do not bar, and shall not
be construed as barring, the application of any legal or equitable
defense that a transferor of residential real property may assert
in a civil action commenced against the transferor by a
prospective or actual transferee of that property.
(K)(1) Except as provided in division (K)(2) of this section,
but subject to divisions (J) and (L) of this section, a transfer
of residential real property that is subject to this section shall
not be invalidated because of the failure of the transferor to
provide to the transferee in accordance with division (C) of this
section a completed property disclosure form as prescribed under
division (D) of this section.
(2) Subject to division (K)(3)(c) of this section, if a
transferee of residential real property that is subject to this
section receives a property disclosure form or an amendment of
that form as described in division (G) of this section after the
transferee has entered into a transfer agreement with respect to
the property, the transferee, after receipt of the form or
amendment, may rescind the transfer agreement in a written,
signed, and dated document that is delivered to the transferor or
the transferor's agent or subagent in accordance with divisions
(K)(3)(a) and (b) of this section, without incurring any legal
liability to the transferor because of the rescission, including,
but not limited to, a civil action for specific performance of the
transfer agreement. Upon the rescission of the transfer agreement,
the transferee is entitled to the return of, and the transferor
shall return, any deposits made by the transferee in connection
with the proposed transfer of the residential real property.
(3)(a) Subject to division (K)(3)(b) of this section, a
rescission of a transfer agreement under division (K)(2) of this
section only may occur if the transferee's written, signed, and
dated document of rescission is delivered to the transferor or the
transferor's agent or subagent within three business days
following the date on which the transferee or the transferee's
agent receives the property disclosure form prescribed under
division (D) of this section or the amendment of that form as
described in division (G) of this section.
(b) A transferee may not rescind a transfer agreement under
division (K)(2) of this section unless the transferee rescinds the
transfer agreement by the earlier of the date that is thirty days
after the date upon which the transferor accepted the transferee's
transfer offer or the date of the closing of the transfer of the
residential real property.
(c) A transferee of residential real property may waive the
right of rescission of a transfer agreement described in division
(K)(2) of this section.
(d) A rescission of a transfer agreement is not permissible
under division (K)(2) of this section if a transferee of
residential real property that is subject to this section receives
a property disclosure form as prescribed under division (D) of
this section or an amendment of that form as described in division
(G) of this section prior to the transferee's submission to the
transferor or the transferor's agent or subagent of a transfer
offer and the transferee's entry into a transfer agreement with
respect to the property.
(4) If a transferee of residential real property subject to
this section does not receive a property disclosure form from the
transferor after the transferee has submitted to the transferor or
the transferor's agent or subagent a transfer offer and has
entered into a transfer agreement with respect to the property,
the transferee may rescind the transfer agreement in a written,
signed, and dated document that is delivered to the transferor or
the transferor's agent or subagent in accordance with division
(K)(4) of this section without incurring any legal liability to
the transferor because of the rescission, including, but not
limited to, a civil action for specific performance of the
transfer agreement. Upon the rescission of the transfer agreement,
the transferee is entitled to the return of, and the transferor
shall return, any deposits made by the transferee in connection
with the proposed transfer of the residential real property. A
transferee may not rescind a transfer agreement under division
(K)(4) of this section unless the transferee rescinds the transfer
agreement by the earlier of the date that is thirty days after the
date upon which the transferor accepted the transferee's transfer
offer or the date of the closing of the transfer of the
residential real property.
(L) The right of rescission of a transfer agreement described
in division (K)(2) of this section or the absence of that right
does not affect, and shall not be construed as affecting, any
other legal causes of action or other remedies that a transferee
or prospective transferee of residential real property may possess
against the transferor of that property.
Section 2. That existing sections 3781.10, 4740.14, and
5302.30 of the Revised Code are hereby repealed.
Section 3. One hundred eighty days after the Board of
Building Standards adopts the rules establishing the requirements
for carbon monoxide alarms and portable fire extinguishers
pursuant to division (A)(1) of section 3781.10 of the Revised
Code, as amended by this act, a residential building for which the
plans or drawings, specifications, and data were approved after
the effective date of the rule shall have installed and in
operation carbon monoxide alarms and portable fire extinguishers
that satisfy the standards the Board establishes. As used in this
section, "residential building" has the same meaning as in section
3781.06 of the Revised Code.
|