Bill > A3385

Introduced Session

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.

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John McKeon (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 02/25/2020)