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H. B. No. 362 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Weddington, Williams, B., Yuko, Domenick, Newcomb
A BILL
To amend sections 3781.10, 3781.104, and 5302.30 of
the Revised Code to require fire extinguishers and
carbon monoxide detectors in residential buildings
and residential units, to direct the Board of
Building Standards to adopt rules that establish
product and installation standards for fire
extinguishers and carbon monoxide detectors, to
require transferors of residential real property
to disclose whether fire extinguishers and carbon
monoxide detectors are installed in their
property, and to prohibit a transferor of
residential real property from entering into a
transfer agreement unless fire extinguishers and
carbon monoxide detectors are installed as the
bill requires.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3781.10, 3781.104, and 5302.30 of
the Revised Code be amended to read as follows:
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 rules
governing residential buildings shall require each residential
unit to have installed a portable fire extinguisher on each floor
of the unit and a carbon monoxide detector outside each separate
sleeping area. The rules shall specify product and installation
standards for portable fire extinguishers and carbon monoxide
detectors. The rules shall specify that portable fire
extinguishers be of a type tested and listed by "Underwriters
Laboratory," "Factory Mutual," or other similar quality standards
specified or established by rule.
(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) 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. 3781.104. (A) One hundred eighty days after the board
of building
standards files its rules with the secretary of
state
and the director of the legislative service commission, as
required in section 119.04 of the Revised Code, as required by
this section, every existing apartment and condominium building
that exceeds seventy-five feet in height, as measured from ground
level exclusive of any radio, television, or telephone
transmission antennae, or other equipment, chimneys, or equipment
associated with the heating or air conditioning system of the
building, which did not have an automatic smoke detection system
or sprinkler system in conformity with the rules of the board of
building standards adopted pursuant to section 3781.10 of the
Revised Code, shall have installed and in operation an automatic
smoke detection system as follows:
(1) Each dwelling unit shall have smoke detector devices
approved by the board and installed in the immediate vicinity but
outside of all sleeping rooms. Alarm signaling devices shall be
clearly audible in all bedrooms within the dwelling unit when all
intervening doors are closed. For the purpose of installation
and
maintenance only, the applicable sections of the national
fire
prevention association standard No. 74 "standard for the
installation, maintenance and use of a household fire warning
system" shall be considered accepted engineering practice.
(2) In those portions of a building subject to this
division
other than dwelling units, detector spacing shall
conform to at
least one of the following requirements:
(a) Where the building has a central return air system,
detectors shall be installed as provided by rule in or near the
return air stream in a manner that smoke-laden air originating
from any part of the building must pass by a detector before the
smoke-laden air leaves the floor of origin;
(b) In buildings with or without central return air
systems,
detectors shall be installed on each floor on the
corridor or
lobby side of and within five feet of all stairway
and elevator
doors. Where horizontal exits are used, detectors
shall also be
installed on each side of and within fifteen feet
of doors serving
as horizontal exits through fire walls.
(B) One hundred eighty days after the board of building
standards files its rules establishing the requirements for fire
extinguishers and carbon monoxide detectors pursuant to division
(A)(1) of section 3781.10 of the Revised Code, all residential
units shall have installed and in operation fire extinguishers and
carbon monoxide detectors that meet the standards the board
establishes.
(C) As used in this section:
(1) "Smoke detector" means a readily removable device,
sensitive to either visible or invisible particles of combustion
or both, which automatically detects any fire condition and
broadcasts locally a signal or alarm.
(2) "Apartment building" means any building at least
seventy-five per cent of the units of which are residential
dwelling units rented or leased to tenants upon other than a
transient basis and does not include a "hotel" as that term is
defined in section 3731.01 of the Revised Code but does include a
college or university dormitory.
(3) "Condominium" means any building composed of
individually
owned units and operated by an association of
owners.
(4) "Residential unit" means any unit used or intended for
residential occupancy located in an apartment building or a
condominium, or a "residential building" as defined in section
3781.06 of the Revised Code.
(C)(D) The board of building standards, pursuant to section
3781.10 of the Revised Code, shall adopt the provisions of this
section as a rule of the board.
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; whether the
property contains fire extinguishers and
carbon monoxide
detectors that comply with the standards the
director prescribes
pursuant to division (M)(2) of this section; and
any material
defects in the property that are within the actual
knowledge of
the transferor.
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.
(M)(1) No transferor shall enter into an agreement to
transfer
residential real property unless that property has
installed and
operative fire extinguishers and carbon monoxide
detectors that
comply with the standards the director of commerce
establishes. A transferee may rescind a transfer
agreement
pursuant to the procedures described in division
(K)(3)(a) of
this section if the transferee receives a form that
indicates
that the property does not contain functioning fire
extinguishers
and carbon monoxide detectors as this division
requires.
(2) The director
shall prescribe product and installation
standards for fire
extinguishers and carbon monoxide detectors
that are consistent
with the standards the board of building
standards adopts by rule
pursuant to division (A)(1) of section
3781.10 of the Revised
Code.
Section 2. That existing sections 3781.10, 3781.104, and
5302.30 of the Revised Code are hereby repealed.
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