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SF 3095

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 03:39pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to consumer protection; requiring disclosures regarding gas fireplaces;
proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginLEGISLATIVE INTENT.
new text end

new text begin The purpose of this section is to bring existing gas fireplaces in line with current industry
safety standards and to raise awareness of an unrecognized danger in many homes for
children, pets, and older adults.
new text end

Sec. 2.

new text begin [325F.241] GAS FIREPLACES; DISCLOSURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Buyer" includes a prospective buyer, as defined in section 513.52, subdivision 2,
and a person that intends to buy commercial real estate.
new text end

new text begin (c) "Commissioner" means the commissioner of labor and industry.
new text end

new text begin (d) "Contractor" includes a residential building contractor, as defined in section 326B.802,
subdivision 11, and a person who is in the business of constructing commercial real estate.
new text end

new text begin (e) "Gas fireplace" means a vented fireplace that uses natural gas or liquefied petroleum
gas to operate.
new text end

new text begin (f) "Mechanical contractor" has the meaning given in section 326B.802, subdivision 8.
new text end

new text begin (g) "Owner" means a person who owns legal or equitable interest in real estate.
new text end

new text begin (h) "Real estate" includes residential real estate, as defined in section 326B.802,
subdivision 13, and commercial real estate.
new text end

new text begin (i) "Real estate appraiser" has the meaning given in section 82B.021, subdivision 22.
new text end

new text begin (j) "Remodeler" includes a residential remodeler, as defined in section 326B.802,
subdivision 12, and a commercial real estate remodeler.
new text end

new text begin (k) "Seller" means a person who owns legal or equitable title to real estate and intends
to transfer the legal or equitable title via sale.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure; penalty. new text end

new text begin (a) The commissioner must develop a disclosure that, at
a minimum, states that (1) gas fireplaces are a hazard to children due to the risk of serious
burn injuries from contact with the glass; and (2) a gas fireplace user should consider
implementing appropriate safety precautions, including but not limited to the addition of
safety screens. The commissioner may add additional information to the disclosure that the
commissioner deems appropriate.
new text end

new text begin (b) The disclosure must be provided by:
new text end

new text begin (1) a contractor, remodeler, or mechanical contractor to an owner at least three days
before a gas fireplace is installed;
new text end

new text begin (2) a mechanical contractor prior to repairing or maintaining a gas fireplace;
new text end

new text begin (3) a seller to a buyer as part of the seller disclosures under section 513.55, subdivision
1, when a gas fireplace is part of the residential real estate, or as a separate disclosure when
the gas fireplace is part of commercial real estate; and
new text end

new text begin (4) a real estate appraiser as part of a written appraisal report.
new text end

new text begin (c) A contractor, remodeler, mechanical contractor, seller, or real estate appraiser that
fails to provide the disclosure required under paragraph (b) is subject to a civil penalty up
to $10,000. A contractor, remodeler, mechanical contractor, seller, or real estate appraiser
that fails to provide the disclosure required under paragraph (b) on more than one occasion
is subject to enforcement action by the attorney general under section 8.31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end