(a) Prior to transferring title to any real property containing a residential building designed to be occupied by one or two families for which a building permit for new occupancy was issued prior to October 1, 2005, the transferor of such real property shall present to the transferee an affidavit certifying (1) that such building permit for new occupancy was issued on or after October 1, 1985, or that such residential building is equipped with smoke detection and warning equipment complying with this section, and (2) that such residential building 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 does not contain a fuel-burning appliance, fireplace or attached garage. Nothing in the affidavit shall constitute a warranty beyond the transfer of title.

(b) Any transferor who fails to comply with the provisions of subsection (a) of this section shall credit the transferee with the sum of two hundred fifty dollars at closing.

(c) Any smoke detection and warning equipment required pursuant to subsection (a) of this section shall (1) be capable of sensing visible or invisible smoke particles, (2) be installed in accordance with the manufacturer's instructions and in the immediate vicinity of each bedroom, and (3) be capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.

(d) Any carbon monoxide detection and warning equipment required pursuant to subsection (a) of this section shall (1) be capable of sensing carbon monoxide present in parts per million, (2) be installed in accordance with the manufacturer's instructions, and (3) be capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.

(e) The following shall be exempt from the requirements of subsections (a) and (b) 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; and (8) transfers made by executors, administrators, trustees or conservators.

(P.A. 13-272, S. 1; P.A. 14-219, 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.