Chapter 541a

Sec. 29-451. Use of paintball gun by minor: Eye protective device required. (a) No person under eighteen years of age shall use a paintball gun on any public or private property unless such person is wearing an eye protective device which meets the American Society of Testing and Materials specification F1776-01. Failure to comply with this section shall not be a violation or an offense. Failure to wear an eye protective device required by this subsection shall not be considered to be contributory negligence on the part of the parent or such person nor shall such failure be admissible in any civil action.

(b) A law enforcement officer may issue a verbal warning to the parent or guardian of a person who has failed to comply with the provisions of subsection (a) of this section.

(P.A. 09-113, S. 2.)

Sec. 29-452. Registry re school security consultants. The Department of Emergency Services and Public Protection shall develop criteria to identify qualified school security consultants operating in this state. The department shall establish and maintain a registry of such consultants. The registry shall contain the names and employers of qualified school security consultants and such other information as the Commissioner of Emergency Services and Public Protection may require. Such registry shall be updated at least annually by the department, be made available to the public upon request and be published on the department's Internet web site.

(P.A. 13-3, S. 91; P.A. 19-52, S. 3.)

History: P.A. 13-3 effective April 4, 2013; P.A. 19-52 added provision re developing criteria to identify qualified school security consultants and made conforming changes.

Sec. 29-453. Smoke and carbon monoxide detectors required in certain residential buildings. (a) At the time of closing on a transaction involving any real property containing a residential building designed to be occupied by one or two families or containing a unit in a residential common interest community, the transferor of such real property shall present to the transferee an affidavit stating (1) that such residential building or unit is equipped with smoke detection and warning equipment complying with this section, and (2) that such residential building or unit is equipped with carbon monoxide detection and warning equipment complying with this section or does not pose a risk of carbon monoxide poisoning because such residential building or unit does not contain a fuel-burning appliance, fireplace or attached garage. Nothing in the affidavit shall constitute a warranty beyond the transfer of title. The affidavit shall be signed and dated by the transferor.

(b) Any smoke detection and warning equipment required pursuant to subsection (a) of this section shall:

(1) Be installed in or in the immediate vicinity of each bedroom; and

(2) Produce an audible alarm when the equipment's test button is depressed.

(c) The affidavit required by subsection (a) of this section shall specify, if applicable, to the best of the transferor's knowledge whether the smoke detection and warning equipment:

(1) Is battery powered;

(2) Is located in or in the immediate vicinity of each bedroom;

(3) Is powered by the household electrical service;

(4) Is interconnected in such a manner that activation of the alarm on any such equipment in the residential building or unit causes the alarm on all such equipment in the building or unit to activate, provided that for any residential building or unit constructed prior to January 1, 1990, a transferor may specify on the affidavit that the conditions requiring such equipment to be interconnected are not applicable to the building or unit; and

(5) Contains the following statement: “State law requires that all properties have operable smoke and carbon monoxide detection and warning equipment. This law is to save lives—your life, and the lives of your family members and your pets—as well as to protect your property.”.

(d) The Office of the State Fire Marshal shall (1) in consultation with an association representing the interests of realtors, a bar association and an association representing the interests of fire marshals, develop a model form that may be used for the affidavit required by subsection (a) of this section, and (2) in consultation with an association representing the interests of fire marshals, develop a guide outlining smoke detection and warning equipment requirements to assist transferors with the completion of such affidavit.

(e) Any carbon monoxide detection and warning equipment required pursuant to subsection (a) of this section may be operated using batteries and shall produce an audible alarm when the equipment's test button is depressed.

(f) The following shall be exempt from the requirements of this section: (1) Any transfer from one or more coowners solely to one or more of the other coowners; (2) transfers made to the spouse, mother, father, brother, sister, child, grandparent or grandchild of the transferor where no consideration is paid; (3) transfers pursuant to an order of the court; (4) transfers by the federal government or any political subdivision thereof; (5) transfers by deed in lieu of foreclosure; (6) any transfer of title incident to the refinancing of an existing debt secured by a mortgage; (7) transfers by mortgage deed or other instrument to secure a debt where the transferor's title to the real property being transferred is subject to a preexisting debt secured by a mortgage; (8) transfers made by executors, administrators, trustees or conservators; and (9) any transfer of property acquired by a judgment of strict foreclosure or by foreclosure by sale.

(P.A. 13-272, S. 1; P.A. 14-219, S. 1; P.A. 22-75, S. 3; P.A. 23-164, S. 1.)

History: P.A. 13-272 effective January 1, 2014; P.A. 14-219 amended Subsec. (a) by adding provision re nothing in affidavit to constitute a warranty beyond the transfer of title, amended Subsec. (c) by deleting former Subdiv. (3) re standards under which smoke detection and warning equipment was tested and approved and redesignating existing Subdiv. (4) as Subdiv. (3), and amended Subsec. (d) by replacing “showing the amount of” with “sensing” and deleting “as a reading” in Subdiv. (1), deleting former Subdiv. (3) re standards under which carbon monoxide detection and warning equipment was tested and approved and redesignating existing Subdiv. (4) as Subdiv. (3), effective July 1, 2014; P.A. 22-75 amended Subsec. (a) by deleting provisions re date building permit for new occupancy was issued and inserting “the Fire Safety Code, the State Fire Prevention Code and the State Building Code”, amended Subsec. (c) by deleting “Such equipment may be operated using batteries.” in Subdiv. (3), adding Subdivs. (4) to (6) re power and interconnection of equipment and location in sleeping areas and making technical changes and amended Subsec. (d) to make technical changes; P.A. 23-164 substantially revised Subsec. (a), deleted Subsec. (b), redesignated existing Subsec. (c) as Subsec. (b) and revised equipment requirements, added new Subsec. (c) re affidavit requirements and new Subsec. (d) re model form, redesignated existing Subsec. (d) as Subsec. (e) and revised equipment requirements and redesignated existing Subsec. (e) as Subsec. (f) and deleted reference to subsections (a) and (b) and added Subdiv. (9) re judgment of strict foreclosure or foreclosure by sale.

Sec. 29-453a. Emergency power generators required in certain age-restricted multifamily housing projects. (a) Any privately owned multifamily housing project, within a municipality with a population of at least one hundred thirty thousand but less than one hundred thirty-five thousand, shall install and maintain one or more emergency power generators capable of providing a minimum of four to twelve hours of sufficient electrical power to (1) each unit for heating, water, lighting and critical medical equipment, and (2) each passenger elevator.

(b) For purposes of this section, “privately owned multifamily housing project” means real property that (1) consists of, or encompasses, a building not less than fifteen stories in height that contains dwelling units whose occupancy is restricted by age, and (2) is subject, in whole or in part, to a mortgage insured under the National Housing Act, 12 USC 1701 et seq.

(P.A. 17-62, S. 1.)