Bill Text: OH HB362 | 2009-2010 | 128th General Assembly | Comm Sub

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-05-26 - Committee Report - S [HB362 Detail]

Download: Ohio-2009-HB362-Comm_Sub.html

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As Reported by the House Commerce and Labor Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 362

Representative Chandler 

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

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A BILL

To amend sections 3781.10, 4740.14, and 5302.30 and

1

to enact section 3781.032 of the Revised Code to

2

require carbon monoxide alarms and portable fire

3

extinguishers in residential buildings, to direct

4

the Board of Building Standards to adopt rules

5

that establish product and installation standards

6

for carbon monoxide alarms and portable fire

7

extinguishers, and to require transferors of

8

residential real property to disclose whether

9

carbon monoxide alarms and portable fire

10

extinguishers are installed in their property.

11

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

Section 1. That sections 3781.10, 4740.14, and 5302.30 be	12
amended and section 3781.032 of the Revised Code be enacted to	13
read as follows:	14

Sec. 3781.032. If a person wishes to bring a claim against a	15
manufacturer or supplier of a carbon monoxide alarm or portable	16
fire extinguisher required to be installed under rules adopted by	17
the board of building standards pursuant to division (A) of	18
section 3781.10 of the Revised Code for a defect in operation of	19
any component of such a carbon monoxide alarm or portable fire	20
extinguisher, the person shall bring that action in accordance	21
with sections 2307.71 to 2307.80 of the Revised Code.	22

Sec. 3781.10. (A)(1) The board of building standards shall	23
formulate and adopt rules governing the erection, construction,	24
repair, alteration, and maintenance of all buildings or classes of	25
buildings specified in section 3781.06 of the Revised Code,	26
including land area incidental to those buildings, the	27
construction of industrialized units, the installation of	28
equipment, and the standards or requirements for materials used in	29
connection with those buildings. The board shall incorporate those	30
rules into separate residential and nonresidential building codes.	31
The standards shall relate to the conservation of energy and the	32
safety and sanitation of those buildings. The board shall include	33
both of the following in the rules governing residential	34
buildings:	35

(a) A requirement that carbon monoxide alarms and portable	36
fire extinguishers shall be installed within each residential	37
building;	38

(b) Rules specifying the locations and product and	39
installation standards for those carbon monoxide alarms and	40
portable fire extinguishers to be installed in residential	41
buildings in accordance with the rules the board adopts under	42
division (A)(1) of this section.	43

(2) The rules governing nonresidential buildings are the	44
lawful minimum requirements specified for those buildings and	45
industrialized units, except that no rule other than as provided	46
in division (C) of section 3781.108 of the Revised Code that	47
specifies a higher requirement than is imposed by any section of	48
the Revised Code is enforceable. The rules governing residential	49
buildings are uniform requirements for residential buildings in	50
any area with a building department certified to enforce the state	51
residential building code. In no case shall any local code or	52
regulation differ from the state residential building code unless	53
that code or regulation addresses subject matter not addressed by	54
the state residential building code or is adopted pursuant to	55
section 3781.01 of the Revised Code.	56

(3) The rules adopted pursuant to this section are complete,	57
lawful alternatives to any requirements specified for buildings or	58
industrialized units in any section of the Revised Code. Except as	59
otherwise provided in division (I) of this section, the board	60
shall, on its own motion or on application made under sections	61
3781.12 and 3781.13 of the Revised Code, formulate, propose,	62
adopt, modify, amend, or repeal the rules to the extent necessary	63
or desirable to effectuate the purposes of sections 3781.06 to	64
3781.18 of the Revised Code.	65

(B) The board shall report to the general assembly proposals	66
for amendments to existing statutes relating to the purposes	67
declared in section 3781.06 of the Revised Code that public health	68
and safety and the development of the arts require and shall	69
recommend any additional legislation to assist in carrying out	70
fully, in statutory form, the purposes declared in that section.	71
The board shall prepare and submit to the general assembly a	72
summary report of the number, nature, and disposition of the	73
petitions filed under sections 3781.13 and 3781.14 of the Revised	74
Code.	75

(C) On its own motion or on application made under sections	76
3781.12 and 3781.13 of the Revised Code, and after thorough	77
testing and evaluation, the board shall determine by rule that any	78
particular fixture, device, material, process of manufacture,	79
manufactured unit or component, method of manufacture, system, or	80
method of construction complies with performance standards adopted	81
pursuant to section 3781.11 of the Revised Code. The board shall	82
make its determination with regard to adaptability for safe and	83
sanitary erection, use, or construction, to that described in any	84
section of the Revised Code, wherever the use of a fixture,	85
device, material, method of manufacture, system, or method of	86
construction described in that section of the Revised Code is	87
permitted by law. The board shall amend or annul any rule or issue	88
an authorization for the use of a new material or manufactured	89
unit on any like application. No department, officer, board, or	90
commission of the state other than the board of building standards	91
or the board of building appeals shall permit the use of any	92
fixture, device, material, method of manufacture, newly designed	93
product, system, or method of construction at variance with what	94
is described in any rule the board of building standards adopts or	95
issues or that is authorized by any section of the Revised Code.	96
Nothing in this section shall be construed as requiring approval,	97
by rule, of plans for an industrialized unit that conforms with	98
the rules the board of building standards adopts pursuant to	99
section 3781.11 of the Revised Code.	100

(D) The board shall recommend rules, codes, and standards to	101
help carry out the purposes of section 3781.06 of the Revised Code	102
and to help secure uniformity of state administrative rulings and	103
local legislation and administrative action to the bureau of	104
workers' compensation, the director of commerce, any other	105
department, officer, board, or commission of the state, and to	106
legislative authorities and building departments of counties,	107
townships, and municipal corporations, and shall recommend that	108
they audit those recommended rules, codes, and standards by any	109
appropriate action that they are allowed pursuant to law or the	110
constitution.	111

(E)(1) The board shall certify municipal, township, and	112
county building departments and the personnel of those building	113
departments, and persons and employees of individuals, firms, or	114
corporations as described in division (E)(7) of this section to	115
exercise enforcement authority, to accept and approve plans and	116
specifications, and to make inspections, pursuant to sections	117
3781.03, 3791.04, and 4104.43 of the Revised Code.	118

(2) The board shall certify departments, personnel, and	119
persons to enforce the state residential building code, to enforce	120
the nonresidential building code, or to enforce both the	121
residential and the nonresidential building codes. Any department,	122
personnel, or person may enforce only the type of building code	123
for which certified.	124

(3) The board shall not require a building department, its	125
personnel, or any persons that it employs to be certified for	126
residential building code enforcement if that building department	127
does not enforce the state residential building code. The board	128
shall specify, in rules adopted pursuant to Chapter 119. of the	129
Revised Code, the requirements for certification for residential	130
and nonresidential building code enforcement, which shall be	131
consistent with this division. The requirements for residential	132
and nonresidential certification may differ. Except as otherwise	133
provided in this division, the requirements shall include, but are	134
not limited to, the satisfactory completion of an initial	135
examination and, to remain certified, the completion of a	136
specified number of hours of continuing building code education	137
within each three-year period following the date of certification	138
which shall be not less than thirty hours. The rules shall provide	139
that continuing education credits and certification issued by the	140
council of American building officials, national model code	141
organizations, and agencies or entities the board recognizes are	142
acceptable for purposes of this division. The rules shall specify	143
requirements that are compatible, to the extent possible, with	144
requirements the council of American building officials and	145
national model code organizations establish.	146

(4) The board shall establish and collect a certification and	147
renewal fee for building department personnel, and persons and	148
employees of persons, firms, or corporations as described in this	149
section, who are certified pursuant to this division.	150

(5) Any individual certified pursuant to this division shall	151
complete the number of hours of continuing building code education	152
that the board requires or, for failure to do so, forfeit	153
certification.	154

(6) This division does not require or authorize the board to	155
certify personnel of municipal, township, and county building	156
departments, and persons and employees of persons, firms, or	157
corporations as described in this section, whose responsibilities	158
do not include the exercise of enforcement authority, the approval	159
of plans and specifications, or making inspections under the state	160
residential and nonresidential building codes.	161

(7) Enforcement authority for approval of plans and	162
specifications and enforcement authority for inspections may be	163
exercised, and plans and specifications may be approved and	164
inspections may be made on behalf of a municipal corporation,	165
township, or county, by any of the following who the board of	166
building standards certifies:	167

(a) Officers or employees of the municipal corporation,	168
township, or county;	169

(b) Persons, or employees of persons, firms, or corporations,	170
pursuant to a contract to furnish architectural, engineering, or	171
other services to the municipal corporation, township, or county;	172

(c) Officers or employees of, and persons under contract	173
with, a municipal corporation, township, county, health district,	174
or other political subdivision, pursuant to a contract to furnish	175
architectural, engineering, or other services.	176

(8) Municipal, township, and county building departments have	177
jurisdiction within the meaning of sections 3781.03, 3791.04, and	178
4104.43 of the Revised Code, only with respect to the types of	179
buildings and subject matters for which they are certified under	180
this section.	181

(9) Certification shall be granted upon application by the	182
municipal corporation, the board of township trustees, or the	183
board of county commissioners and approval of that application by	184
the board of building standards. The application shall set forth:	185

(a) Whether the certification is requested for residential or	186
nonresidential buildings, or both;	187

(b) The number and qualifications of the staff composing the	188
building department;	189

(c) The names, addresses, and qualifications of persons,	190
firms, or corporations contracting to furnish work or services	191
pursuant to division (E)(7)(b) of this section;	192

(d) The names of any other municipal corporation, township,	193
county, health district, or political subdivision under contract	194
to furnish work or services pursuant to division (E)(7) of this	195
section;	196

(e) The proposed budget for the operation of the building	197
department.	198

(10) The board of building standards shall adopt rules	199
governing all of the following:	200

(a) The certification of building department personnel and	201
persons and employees of persons, firms, or corporations	202
exercising authority pursuant to division (E)(7) of this section.	203
The rules shall disqualify any employee of the department or	204
person who contracts for services with the department from	205
performing services for the department when that employee or	206
person would have to pass upon, inspect, or otherwise exercise	207
authority over any labor, material, or equipment the employee or	208
person furnishes for the construction, alteration, or maintenance	209
of a building or the preparation of working drawings or	210
specifications for work within the jurisdictional area of the	211
department. The department shall provide other similarly qualified	212
personnel to enforce the residential and nonresidential building	213
codes as they pertain to that work.	214

(b) The minimum services to be provided by a certified	215
building department.	216

(11) The board of building standards may revoke or suspend	217
certification to enforce the residential and nonresidential	218
building codes, on petition to the board by any person affected by	219
that enforcement or approval of plans, or by the board on its own	220
motion. Hearings shall be held and appeals permitted on any	221
proceedings for certification or revocation or suspension of	222
certification in the same manner as provided in section 3781.101	223
of the Revised Code for other proceedings of the board of building	224
standards.	225

(12) Upon certification, and until that authority is revoked,	226
any county or township building department shall enforce the	227
residential and nonresidential building codes for which it is	228
certified without regard to limitation upon the authority of	229
boards of county commissioners under Chapter 307. of the Revised	230
Code or boards of township trustees under Chapter 505. of the	231
Revised Code.	232

(F) In addition to hearings sections 3781.06 to 3781.18 and	233
3791.04 of the Revised Code require, the board of building	234
standards shall make investigations and tests, and require from	235
other state departments, officers, boards, and commissions	236
information the board considers necessary or desirable to assist	237
it in the discharge of any duty or the exercise of any power	238
mentioned in this section or in sections 3781.06 to 3781.18,	239
3791.04, and 4104.43 of the Revised Code.	240

(G) The board shall adopt rules and establish reasonable fees	241
for the review of all applications submitted where the applicant	242
applies for authority to use a new material, assembly, or product	243
of a manufacturing process. The fee shall bear some reasonable	244
relationship to the cost of the review or testing of the	245
materials, assembly, or products and for the notification of	246
approval or disapproval as provided in section 3781.12 of the	247
Revised Code.	248

(H) The residential construction advisory committee shall	249
provide the board with a proposal for a state residential building	250
code that the committee recommends pursuant to division (D)(1) of	251
section 4740.14 of the Revised Code. Upon receiving a	252
recommendation from the committee that is acceptable to the board,	253
the board shall adopt rules establishing that code as the state	254
residential building code.	255

(I)(1) The committee may provide the board with proposed	256
rules to update or amend the state residential building code that	257
the committee recommends pursuant to division (E)(F) of section	258
4740.14 of the Revised Code.	259

(2) If the board receives a proposed rule to update or amend	260
the state residential building code as provided in division (I)(1)	261
of this section, the board either may accept or reject the	262
proposed rule for incorporation into the residential building	263
code. If the board does not act to either accept or reject the	264
proposed rule within ninety days after receiving the proposed rule	265
from the committee as described in division (I)(1) of this	266
section, the proposed rule shall become part of the residential	267
building code.	268

(J) The board shall cooperate with the director of job and	269
family services when the director promulgates rules pursuant to	270
section 5104.05 of the Revised Code regarding safety and	271
sanitation in type A family day-care homes.	272

(K) The board shall adopt rules to implement the requirements	273
of section 3781.108 of the Revised Code.	274

Sec. 4740.14.  (A) There is hereby created within the	275
department of commerce the residential construction advisory	276
committee consisting of nine persons the director of commerce	277
appoints. Of the advisory committee's members, three shall be	278
general contractors who have recognized ability and experience in	279
the construction of residential buildings, two shall be building	280
officials who have experience administering and enforcing a	281
residential building code, one, chosen from a list of three names	282
the Ohio fire chief's association submits, shall be from the fire	283
service certified as a fire safety inspector who has at least ten	284
years of experience enforcing fire or building codes, one shall be	285
a residential contractor who has recognized ability and experience	286
in the remodeling and construction of residential buildings, one	287
shall be an architect registered pursuant to Chapter 4703. of the	288
Revised Code, with recognized ability and experience in the	289
architecture of residential buildings, and one, chosen from a list	290
of three names the Ohio municipal league submits to the director,	291
shall be a mayor of a municipal corporation in which the Ohio	292
residential building code is being enforced in the municipal	293
corporation by a certified building department.	294

(B) The director shall make appointments to the advisory	295
committee within ninety days after May 27, 2005.	296

Terms of office shall be for three years, with each term	297
ending on the date three years after the date of appointment. Each	298
member shall hold office from the date of appointment until the	299
end of the term for which the member was appointed. The director	300
shall fill a vacancy in the manner provided for initial	301
appointments. Any member appointed to fill a vacancy in an	302
unexpired term shall hold office for the remainder of that term.	303

(C) The advisory committee shall do all of the following:

304

(1) Recommend to the board of building standards a building	305
code for residential buildings. The committee shall recommend a	306
code that it may model on a residential building code a national	307
model code organization issues, with adaptations necessary to	308
implement the code in this state. If the board of building	309
standards decides not to adopt a code the committee recommends,	310
the committee shall revise the code and resubmit it until the	311
board adopts a code the committee recommends as the state	312
residential building code;.	313

(2) Advise the board regarding the establishment of standards	314
for certification of building officials who enforce the state	315
residential building code;	316

(3) Assist the board in providing information and guidance to	317
residential contractors and building officials who enforce the	318
state residential building code;	319

(4) Advise the board regarding the interpretation of the	320
state residential building code;	321

(5) Provide other assistance the committee considers	322
necessary;	323

(6) Provide the board with a written report of the	324
committee's findings for each consideration required by division	325
(D) of this section.	326

(D) The committee shall not make its recommendation to the	327
board pursuant to divisions (C)(1), (2), and (4) of this section	328
until the advisory committee has considered all of the following:	329

(1) The impact that the state residential building code may	330
have upon the health, safety, and welfare of the public;	331

(2) The economic reasonableness of the residential building	332
code;	333

(3) The technical feasibility of the residential building	334
code;	335

(4) The financial impact that the residential building code	336
may have on the public's ability to purchase affordable housing.	337

(E) The advisory committee shall include both of the	338
following in the recommendations the advisory committee makes to	339
the board pursuant to division (C)(1) of this section:	340

(1) A requirement that carbon monoxide alarms and portable	341
fire extinguishers be installed within each residential building;	342

(2) Rules specifying the locations and product and	343
installation standards for carbon monoxide alarms and portable	344
fire extinguishers.	345

(F) The advisory committee may provide the board with any	346
rule the committee recommends to update or amend the state	347
residential building code or any rule that the committee	348
recommends to update or amend the state residential building code	349
after receiving a petition described in division (A)(2) of section	350
3781.12 of the Revised Code.	351

(F)(G) Members of the advisory committee shall receive no	352
salary for the performance of their duties as members, but shall	353
receive their actual and necessary expenses incurred in the	354
performance of their duties as members of the advisory committee	355
and shall receive a per diem for each day in attendance at an	356
official meeting of the committee, to be paid from the labor	357
operating fund in the state treasury, using fees collected in	358
connection with residential buildings pursuant to division (F)(2)	359
of section 3781.102 of the Revised Code and deposited in that	360
fund.	361

(G)(H) The advisory committee is not subject to divisions (A)	362
and (B) of section 101.84 of the Revised Code.	363

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

364

(1) "Good faith" means honesty in fact in a transaction	365
involving the transfer of residential real property.	366

(2) "Land installment contract" has the same meaning as in	367
section 5313.01 of the Revised Code.	368

(3) "Political subdivision" and "state" have the same	369
meanings as in section 2744.01 of the Revised Code.	370

(4) "Residential real property" means real property that is	371
improved by a building or other structure that has one to four	372
dwelling units.	373

(B)(1) Except as provided in division (B)(2) of this section,	374
this section applies to any transfer of residential real property	375
that occurs on or after July 1, 1993, by sale, land installment	376
contract, lease with option to purchase, exchange, or lease for a	377
term of ninety-nine years and renewable forever. For purposes of	378
this section, a transfer occurs when the initial contract for	379
transfer is executed, regardless of when legal title is	380
transferred, and references in this section to transfer offers and	381
transfer agreements refer to offers and agreements in respect of	382
the initial contract for transfer.	383

(2) This section does not apply to any transfer of	384
residential real property that is any of the following:	385

(a) A transfer pursuant to court order, including, but not	386
limited to, a transfer ordered by a probate court during the	387
administration of a decedent's estate, a transfer pursuant to a	388
writ of execution, a transfer by a trustee in bankruptcy, a	389
transfer as a result of the exercise of the power of eminent	390
domain, and a transfer that results from a decree for specific	391
performance of a contract or other agreement between persons;	392

(b) A transfer to a mortgagee by a mortgagor by deed in lieu	393
of foreclosure or in satisfaction of the mortgage debt;	394

(c) A transfer to a beneficiary of a deed of trust by a	395
trustor in default;	396

(d) A transfer by a foreclosure sale that follows a default	397
in the satisfaction of an obligation secured by a mortgage;	398

(e) A transfer by a sale under a power of sale following a	399
default in the satisfaction of an obligation that is secured by a	400
deed of trust or another instrument containing a power of sale;	401

(f) A transfer by a mortgagee, or a beneficiary under a deed	402
of trust, who has acquired the residential real property at a sale	403
conducted pursuant to a power of sale under a mortgage or a deed	404
of trust or who has acquired the residential real property by a	405
deed in lieu of foreclosure;	406

(g) A transfer by a fiduciary in the course of the	407
administration of a decedent's estate, a guardianship, a	408
conservatorship, or a trust;	409

(h) A transfer from one co-owner to one or more other	410
co-owners;	411

(i) A transfer made to the transferor's spouse or to one or	412
more persons in the lineal line of consanguinity of one or more of	413
the transferors;	414

(j) A transfer between spouses or former spouses as a result	415
of a decree of divorce, dissolution of marriage, annulment, or	416
legal separation or as a result of a property settlement agreement	417
incidental to a decree of divorce, dissolution of marriage,	418
annulment, or legal separation;	419

(k) A transfer to or from the state, a political subdivision	420
of the state, or another governmental entity;	421

(l) A transfer that involves newly constructed residential	422
real property that previously has not been inhabited;	423

(m) A transfer to a transferee who has occupied the property	424
as a personal residence for one or more years immediately prior to	425
the transfer;	426

(n) A transfer from a transferor who both has not occupied	427
the property as a personal residence within one year immediately	428
prior to the transfer and has acquired the property through	429
inheritance or devise.	430

(C) Except as provided in division (B)(2) of this section and	431
subject to divisions (E) and (F) of this section, every person who	432
intends to transfer any residential real property on or after July	433
1, 1993, by sale, land installment contract, lease with option to	434
purchase, exchange, or lease for a term of ninety-nine years and	435
renewable forever shall complete all applicable items in a	436
property disclosure form prescribed under division (D) of this	437
section and shall deliver in accordance with division (I) of this	438
section a signed and dated copy of the completed form to each	439
prospective transferee or prospective transferee's agent as soon	440
as is practicable.	441

(D)(1) Prior to July 1, 1993, theThe director of commerce,	442
by rule adopted in accordance with Chapter 119. of the Revised	443
Code, shall prescribe the disclosure form to be completed by	444
transferors. The form prescribed by the director shall be designed	445
to permit the transferor to disclose material matters relating to	446
the physical condition of the property to be transferred,	447
including, but not limited to, the source of water supply to the	448
property; the nature of the sewer system serving the property; the	449
condition of the structure of the property, including the roof,	450
foundation, walls, and floors; the presence of hazardous materials	451
or substances, including lead-based paint, asbestos,	452
urea-formaldehyde foam insulation, and radon gas; and any material	453
defects in the property that are within the actual knowledge of	454
the transferor.	455

Not later than eighteen months after the effective date of	456
this amendment, the director shall revise the disclosure form to	457
include a provision to permit a transferor to disclose whether the	458
property contains carbon monoxide alarms and portable fire	459
extinguishers that comply with the standards the board of building	460
standards adopts pursuant to division (A) of section 3781.10 of	461
the Revised Code.	462

The form also shall set forth a statement of the purpose of	463
the form, including statements substantially similar to the	464
following: that the form constitutes a statement of the conditions	465
of the property and of information concerning the property	466
actually known by the transferor; that, unless the transferee is	467
otherwise advised in writing, the transferor, other than having	468
lived at or owning the property, possesses no greater knowledge	469
than that which could be obtained by a careful inspection of the	470
property by a potential transferee; that the statement is not a	471
warranty of any kind by the transferor or by any agent or subagent	472
representing the transferor in this transaction; that the	473
statement is not a substitute for any inspections; that the	474
transferee is encouraged to obtain the transferee's own	475
professional inspection; that the representations are made by the	476
transferor and are not the representations of the transferor's	477
agent or subagent; and that the form and the representations	478
contained therein are provided by the transferor exclusively to	479
potential transferees in a transfer made by the transferor, and	480
are not made to transferees in any subsequent transfers.	481

The form shall include instructions to the transferor for	482
completing the form, space in which the transferor or transferors	483
shall sign and date the form, and space in which the transferee or	484
transferees shall sign and date the form acknowledging receipt of	485
a copy of the form and stating that the transferee or transferees	486
understand the purpose of the form as stated thereon.	487

(2) Not later than January 1, 2006, the director shall revise	488
theThe disclosure form toshall include a statement that	489
information on the operation and maintenance of the type of sewage	490
treatment system serving the property is available from the	491
department of health or the board of health of the health district	492
in which the property is located.	493

As used in this section, "sewage treatment system" has the	494
same meaning as in section 3718.01 of the Revised Code.	495

(E)(1) Each disclosure of an item of information that is	496
required to be made in the property disclosure form prescribed	497
under division (D) of this section in connection with particular	498
residential real property and each act that may be performed in	499
making any disclosure of an item of information shall be made or	500
performed in good faith.	501

(2) If an item of information is unknown to the transferor of	502
residential real property at the time the item is required to be	503
disclosed in the property disclosure form and if the approximation	504
is not used for the purpose of circumventing or otherwise evading	505
divisions (C) and (D) of this section, the transferor may make a	506
good faith approximation of the item of information.	507

(F)(1) A transferor of residential real property is not	508
liable in damages in a civil action for injury, death, or loss to	509
person or property that allegedly arises from any error in,	510
inaccuracy of, or omission of any item of information required to	511
be disclosed in the property disclosure form if the error,	512
inaccuracy, or omission was not within the transferor's actual	513
knowledge.	514

(2) If any item of information that is disclosed in the	515
property disclosure form is rendered inaccurate after the delivery	516
of the form to the transferee of residential real property or the	517
transferee's agent as a result of any act, occurrence, or	518
agreement, the subsequent inaccuracy does not cause, and shall not	519
be construed as causing, the transferor of the residential real	520
property to be in noncompliance with the requirements of divisions	521
(C) and (D) of this section.	522

(G) Any disclosure of an item of information in the property	523
disclosure form prescribed under division (D) of this section may	524
be amended in writing by the transferor of residential real	525
property at any time following the delivery of the form in	526
accordance with divisions (C) and (I) of this section. The	527
amendment shall be subject to this section.	528

(H) Except as provided in division (B)(2) of this section,	529
every prospective transferee of residential real property who	530
receives in accordance with division (C) of this section a signed	531
and dated copy of a completed property disclosure form as	532
prescribed under division (D) of this section shall acknowledge	533
receipt of the form by doing both of the following:	534

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

535

(2) Delivering a signed and dated copy of the form to the	536
transferor or the transferor's agent or subagent.	537

(I) The transferor's delivery under division (C) of this	538
section of a property disclosure form as prescribed under division	539
(D) of this section and the prospective transferee's delivery	540
under division (H) of this section of an acknowledgment of receipt	541
of that form shall be made by personal delivery to the other party	542
or the other party's agent or subagent, by ordinary mail or	543
certified mail, return receipt requested, or by facsimile	544
transmission. For the purposes of the delivery requirements of	545
this section, the delivery of a property disclosure form to a	546
prospective co-transferee of residential real property or a	547
prospective co-transferee's agent shall be considered delivery to	548
the other prospective transferees unless otherwise provided by	549
contract.	550

(J) The specification of items of information that must be	551
disclosed in the property disclosure form as prescribed under	552
division (D)(1) of this section does not limit or abridge, and	553
shall not be construed as limiting or abridging, any obligation to	554
disclose an item of information that is created by any other	555
provision of the Revised Code or the common law of this state or	556
that may exist in order to preclude fraud, either by	557
misrepresentation, concealment, or nondisclosure in a transaction	558
involving the transfer of residential real property. The	559
disclosure requirements of this section do not bar, and shall not	560
be construed as barring, the application of any legal or equitable	561
defense that a transferor of residential real property may assert	562
in a civil action commenced against the transferor by a	563
prospective or actual transferee of that property.	564

(K)(1) Except as provided in division (K)(2) of this section,	565
but subject to divisions (J) and (L) of this section, a transfer	566
of residential real property that is subject to this section shall	567
not be invalidated because of the failure of the transferor to	568
provide to the transferee in accordance with division (C) of this	569
section a completed property disclosure form as prescribed under	570
division (D) of this section.	571

(2) Subject to division (K)(3)(c) of this section, if a	572
transferee of residential real property that is subject to this	573
section receives a property disclosure form or an amendment of	574
that form as described in division (G) of this section after the	575
transferee has entered into a transfer agreement with respect to	576
the property, the transferee, after receipt of the form or	577
amendment, may rescind the transfer agreement in a written,	578
signed, and dated document that is delivered to the transferor or	579
the transferor's agent or subagent in accordance with divisions	580
(K)(3)(a) and (b) of this section, without incurring any legal	581
liability to the transferor because of the rescission, including,	582
but not limited to, a civil action for specific performance of the	583
transfer agreement. Upon the rescission of the transfer agreement,	584
the transferee is entitled to the return of, and the transferor	585
shall return, any deposits made by the transferee in connection	586
with the proposed transfer of the residential real property.	587

(3)(a) Subject to division (K)(3)(b) of this section, a	588
rescission of a transfer agreement under division (K)(2) of this	589
section only may occur if the transferee's written, signed, and	590
dated document of rescission is delivered to the transferor or the	591
transferor's agent or subagent within three business days	592
following the date on which the transferee or the transferee's	593
agent receives the property disclosure form prescribed under	594
division (D) of this section or the amendment of that form as	595
described in division (G) of this section.	596

(b) A transferee may not rescind a transfer agreement under	597
division (K)(2) of this section unless the transferee rescinds the	598
transfer agreement by the earlier of the date that is thirty days	599
after the date upon which the transferor accepted the transferee's	600
transfer offer or the date of the closing of the transfer of the	601
residential real property.	602

(c) A transferee of residential real property may waive the	603
right of rescission of a transfer agreement described in division	604
(K)(2) of this section.	605

(d) A rescission of a transfer agreement is not permissible	606
under division (K)(2) of this section if a transferee of	607
residential real property that is subject to this section receives	608
a property disclosure form as prescribed under division (D) of	609
this section or an amendment of that form as described in division	610
(G) of this section prior to the transferee's submission to the	611
transferor or the transferor's agent or subagent of a transfer	612
offer and the transferee's entry into a transfer agreement with	613
respect to the property.	614

(4) If a transferee of residential real property subject to	615
this section does not receive a property disclosure form from the	616
transferor after the transferee has submitted to the transferor or	617
the transferor's agent or subagent a transfer offer and has	618
entered into a transfer agreement with respect to the property,	619
the transferee may rescind the transfer agreement in a written,	620
signed, and dated document that is delivered to the transferor or	621
the transferor's agent or subagent in accordance with division	622
(K)(4) of this section without incurring any legal liability to	623
the transferor because of the rescission, including, but not	624
limited to, a civil action for specific performance of the	625
transfer agreement. Upon the rescission of the transfer agreement,	626
the transferee is entitled to the return of, and the transferor	627
shall return, any deposits made by the transferee in connection	628
with the proposed transfer of the residential real property. A	629
transferee may not rescind a transfer agreement under division	630
(K)(4) of this section unless the transferee rescinds the transfer	631
agreement by the earlier of the date that is thirty days after the	632
date upon which the transferor accepted the transferee's transfer	633
offer or the date of the closing of the transfer of the	634
residential real property.	635

(L) The right of rescission of a transfer agreement described	636
in division (K)(2) of this section or the absence of that right	637
does not affect, and shall not be construed as affecting, any	638
other legal causes of action or other remedies that a transferee	639
or prospective transferee of residential real property may possess	640
against the transferor of that property.	641

Section 2. That existing sections 3781.10, 4740.14, and	642
5302.30 of the Revised Code are hereby repealed.	643

Section 3. One hundred eighty days after the Board of	644
Building Standards adopts the rules establishing the requirements	645
for carbon monoxide alarms and portable fire extinguishers	646
pursuant to division (A)(1) of section 3781.10 of the Revised	647
Code, as amended by this act, a residential building for which the	648
plans or drawings, specifications, and data were approved after	649
the effective date of the rule shall have installed and in	650
operation carbon monoxide alarms and portable fire extinguishers	651
that satisfy the standards the Board establishes. As used in this	652
section, "residential building" has the same meaning as in section	653
3781.06 of the Revised Code.	654