A3385

An Act concerning the installation of operational automatic rain sensor devices, amending P.L.2000, c.107, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2000, c.107 (C.52:27D-123.13) is amended to read as follows:

1. a. An automatic lawn sprinkler system installed after [the effective date of P.L.2000, c.107 (C.52:27D-123.13)] September 8, 2000 shall be equipped with an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

b. (1) Every contract of sale of real property upon which an automatic lawn sprinkler system was installed on or prior to September 8, 2000 shall include a provision requiring, as a condition of the sale, the installation of an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

(2) Closing of title on the sale of any real property shall not occur unless documentation is provided demonstrating the installation of an operational automatic rain sensor device or switch as required by paragraph (1) of this subsection. At closing, the buyer and seller both shall certify in writing that the requirements of this subsection have been met.

(3) The provisions of this subsection shall not apply to the closing of title on the sale of property within a common interest community. As used in this paragraph, “common interest community” means a horizontal property regime, condominium, homeowner association, cooperative, or mutual housing corporation, in which some of the property, commonly known as "common elements" or "common areas," are owned or controlled by the unit or association owners or members.

c. Failure to comply with the requirements of subsection b. of this section shall neither defeat nor impair the title conveyed.

(cf: P.L.2000, c.107, s.1)

2. (New section) An owner who sells, leases, rents, or otherwise permits to be utilized or occupied any property subject to the provisions of P.L.2000, c.107 (C.52:27D-123.13) when the property does not comply with the requirements of P.L.2000, c.107 (C.52:27D-123.13) shall be subject to a fine of not more than $500 to be collected in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

3. (New section) Within 24 months after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), an automatic lawn sprinkler system installed on or prior to September 8, 2000 in a common interest community shall be retrofitted with an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

As used in this section, “common interest community” means a horizontal property regime, condominium, homeowner association, cooperative, or mutual housing corporation, in which some of the property, commonly known as "common elements" or "common areas," are owned or controlled by the unit or association owners or members.

4. (New section) Within 12 months after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), an automatic lawn sprinkler system installed on or prior to September 8, 2000 on any commercial, retail, or industrial property shall be retrofitted with an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

5. This act shall take effect immediately.

STATEMENT

This bill requires that every contract of sale of real property upon which a lawn sprinkler system was installed on or prior to September 8, 2000, i.e., the effective date of P.L.2000, c.107 (C.C.52:27D-123.13), must include a provision requiring, as a condition of the sale, the installation of an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

Current law requires all automatic lawn sprinkler systems installed after September 8, 2000 be equipped with an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred. This bill would expand this requirement to automatic lawn sprinkler systems installed on or prior to September 8, 2000, in accordance with the timeframes and conditions set forth in the bill.

Under this bill, the closing of title on the sale of any real property cannot occur unless documentation is provided demonstrating the installation of an operational automatic rain sensor device or switch. At closing, the buyer and seller would both be required to certify in writing that this requirement has been met. Failure to comply with these requirements would not defeat or impair the title conveyed. These provisions would not apply to the closing of title on the sale of property within a common interest community. “Common interest community” is defined as a horizontal property regime, condominium, homeowner association, cooperative, or mutual housing corporation, in which some of the property, commonly known as "common elements" or "common areas," is owned or controlled by the unit or association owners or members.

An owner of property who sells, leases, rents or otherwise permits to be utilized or occupied any property when it does not comply with these requirements would be subject to a fine of up to $500.

In addition, within 24 months after the date of enactment of this bill into law, an automatic lawn sprinkler system installed on or prior to September 8, 2000 in a common interest community would be required to be retrofitted with an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

Lastly, within 12 months after the date of enactment of this bill into law, an automatic lawn sprinkler system installed on or prior to September 8, 2000 on any commercial, retail, or industrial property would be required to be retrofitted with an operational automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.