A N
A C T
RELATING TO
DRINKING WATER QUALITY STANDARDS FOR PRIVATE WELLS
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Introduced By: Senators Blais, Breene, Raptakis, Gibbs, and Algiere |
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Date Introduced: January 16, 2002 |
It is enacted
by the General Assembly as follows:
SECTION 1. Sections 23-1-5.1 and
23-1-5.3 of the General Laws in Chapter 23-1 entitled "Department of
Health" are hereby amended to read as follows:
23-1-5.1. Laboratory testing services. -- (a) The
director of health is authorized to provide, upon request, testing for all
private water supplies used as sources of drinking water. This testing shall be
on a voluntary basis and does not otherwise confer upon the director or
department of health jurisdiction over that private water supply. ,
in addition to that provided for elsewhere.
(b) The director is further authorized to provide, upon request, testing for public water supplies used as sources of drinking water. The testing shall also be on a voluntary basis and does not otherwise confer upon the director or department of health jurisdiction over public water supplies in addition to that provided for elsewhere.
(c) The director of health is further authorized to provide, upon request, testing for other substances of public health concern such as radon in air, lead in paint and soil, and other indoor air pollutants. The testing shall also be on a voluntary basis and does not otherwise confer upon the director or department of health any additional jurisdiction.
(d) The director is further authorized to establish fees by regulation. The fees as established by the director shall be related to the costs incurred in operating the program and may include administrative, personnel, equipment, and such other related costs necessary to carry out the provisions of this section of the law. All fees collected under this section shall be placed into the general fund.
23-1-5.3. Duties of the office of private well water contamination. -- The office of private well water contamination shall:
(1) Coordinate the response of all state agencies to instances of private well water contamination;
(2) Inform public officials of private well contamination events occurring within their jurisdictions and advise them of any actions proposed by the department of health or other state agencies;
(3) Advise private well owners, public officials and others on applicable federal and state policies, regulations, and standards relative to private well water contamination;
(4) Develop educational materials describing drinking water quality standards for private wells, private well testing requirements, groundwater contamination and existing programs and procedures for its abatement and prevention; and
(5) Develop regulations establishing procedures for providing emergency response to private well water contamination including the provision of bottled water and/or water filters where appropriate.
(6) Develop and promulgate such rules and regulations as are
necessary to establish drinking water quality standards for private wells, and
shall be subject to the administrative procedures act, chapter 35 of title 42.
As a minimum, these rules and regulations shall:
(i) Specifically identify all contaminants to be tested, as
well as the acceptable level for each contaminant;
(ii) Require testing for coliform bacteria, fluoride, iron,
lead, manganese, nitrate, nitrite and turbidity of all new private wells prior
to being placed into service as a source of drinking water;
(iii) Require testing for coliform bacteria, fluoride, iron,
lead, manganese, nitrate, nitrite and turbidity of all private wells currently
in service, or capable of being placed in service, as a source of drinking
water, prior to sale of a property upon which they are located or serviced;
(iv) Require the property owner to disclose the results of any
previous well water testing prior to sale or lease of a property upon which the
well(s) are located or serviced;
(v) Establish minimum qualifications for professionals engaged
in sampling private water wells and preparing opinions relating to the quality
of the water;
(vi) Establish requirements and procedures for reporting the
results of all private well testing to the director of health and municipal
building officials;
(vii) Establish specific guidance for municipal building
officials as to what constitutes "potable" water for a private well,
and contaminant levels which constitute a public health concern with regard to
the issuance of a certificate of occupancy and recommendations for further
testing beyond that required in paragraph (c)(ii) and (iii) of this section.
(7) Establish and maintain a database showing known areas where
there are contaminants of concern to public health and make these results
available to the public through the website of the department of health.
SECTION 2. Section 5-20.8-2 of the
General Laws in Chapter 5-20.8 entitled "Real Estate Sales
Disclosures" is hereby amended to read as follows:
5-20.8-2. Disclosure requirements. -- (a) As soon as practicable, but in any event, no later than prior to signing any agreement to transfer real estate, the seller of the real estate shall deliver a written disclosure to buyer and to each agent with whom seller knows he or she or buyer has dealt in connection with the real estate. The written disclosure shall comply with the requirements set forth in subsection (b) and shall state all deficient conditions of which the seller has actual knowledge. Agent shall not communicate the offer of buyer until buyer has received a copy of the written disclosure and signed a written receipt of same. If buyer refuses to sign a receipt pursuant to this section, the seller or agent shall immediately sign and date a written account of the refusal. The agent is not liable for the accuracy or thoroughness of representations made by seller in the written disclosure or for deficient conditions not disclosed to the agent by the seller.
(b) (1) The Rhode Island real estate commission may approve a form of written disclosure as required under this chapter or the seller may use a disclosure form substantially conforming to the requirements of this section. The following provisions shall appear conspicuously at the top of any written disclosure form: "Prior to the signing of an agreement to transfer real estate (vacant land or real property and improvements consisting of a house or building containing one to four (4) dwelling units), seller is providing buyer with this written disclosure of all deficient conditions of which seller has knowledge. This is not a warranty by seller that no other defective conditions exist, which there may or may not be. Buyer should estimate the cost of repair or replacement of deficient conditions prior to submitting an offer on this real estate. Buyer is advised however not to rely solely upon the representation of seller made in this disclosure, but to conduct any inspections or investigations which buyer deems to be necessary to protect his or her best interest." Nothing contained in this section shall be construed to impose an affirmative duty on the seller to conduct inspections as to the condition of this real estate.
(2) The disclosure form shall include the following information:
(i) Seller Occupancy -- (Length of Occupancy)
(ii) Year Built
(iii) Basement -- (Seepage, Leaks, Cracks, etc. Defects)
(iv) Sump Pump -- (Operational, Location, and Defects)
(v) Roof (Layers, Age and Defects)
(vi) Fireplaces -- (Number, Working and Maintenance, Defects)
(vii) Chimney -- (Maintenance History, Defects)
(viii) Woodburning Stove -- (Installation Date, Permit Received, Defects)
(ix) Structural Conditions -- (Defects)
(x) Insulation -- (Wall, Ceiling, Floor, UFFI)
(xi) Termites or other Pests -- (Treatment Company)
(xii) Radon -- (Test, Company) "Radon has been determined to exist in the State of Rhode Island. Testing for the presence of radon in residential real estate prior to purchase is advisable."
(xiii) Electrical Service -- (Imp. & Repairs, Electrical Service, Amps, Defects)
(xiv) Heating System -- (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental Heating, Defects)
(xv) Air Conditioning -- (Imp. & Repairs, Type, Defects)
(xvi) Plumbing -- (Imp. & Repairs, Defects)
(xvii) Sewage System -- (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last Pumped, Maintenance History, Defects)
(xviii) Water System -- (Imp. & Repairs, Type, Defects)
Private water supply (well). "Buyer understands that this property is, or
will be served, by a private water supply (well) which may be susceptible to
contamination and potentially harmful to health. If a public water supply is
not available, the private water supply should be tested for coliforms,
nitrates, and chlorides. Periodic testing is recommended." must be
tested in accordance with regulations established by the Rhode Island
department of health pursuant to RIGL section 23-1-5.3. The seller of that
property is required to provide the buyer with a copy of any previous private
water supply (well) testing results in the seller's possession and notify the
buyer of any known problems with the private water supply (well)."
(xix) Domestic Hot Water -- (Imp. & Repairs, Type, Defects, Capacity of Tank)
(xx) Property Tax
(xxi) Easements
(xxii) Deed -- (Type, Number of Parcels)
(xxiii) Zoning -- (Permitted use, Classification) "Buyers of real estate in the state of Rhode Island are legally obligated to comply with all local real estate ordinances; including, but not limited to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as ordinances on the number of dwelling units permitted under the local zoning ordinances." If the subject property is located in a historic district, that fact must be disclosed to the buyer, together with the notification that "property located in a historic district may be subject to construction, expansion or renovation limitations. Contact the local building inspection official for details."
(xxiv) Restrictions -- (Plat or Other)
(xxv) Building Permits
(xxvi) Minimum Housing -- (Violations)
(xxvii) Flood Plain -- (Flood Insurance)
(xxviii) Wetlands -- The location of coastal wetlands, bay, fresh water wetlands, pond, marsh, river bank or swamp, as those terms are defined in chapter 1 of title 2 and the associated buffer areas may impact future property development. Seller must disclose to the buyer any such determination on all or part of the land made by the department of environmental management.
(xxix) Multi-family or other Rental Property -- (Rental Income)
(xxx) Pools & Equipment - (Type, Defects)
(xxxi) Lead Paint -- (Inspection) Every buyer of residential real estate built prior to 1978 is hereby notified that those properties may have lead exposures that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced IQ behavioral problems, and impaired memory. The seller of that property is required to provide the buyer with a copy of any lead inspection report in the seller's possession and notify the buyer of any known lead poisoning problem. Environmental lead inspection is recommended prior to purchase.
(xxxii) Fire
(xxxiii) Hazardous Waste -- (Asbestos and Other Contaminants)
(xxxiv) Miscellaneous
(c) Any agreement to transfer real estate shall contain an acknowledgement that a completed real estate disclosure form has been provided to the buyer by the seller in accordance with the provisions of this section.
(d) The Rhode Island real estate commission has the right to amend the seller disclosure requirements by adding or deleting requirements when there is a determination that health, safety, or legal needs require a change. Any change to requirements shall be a rule change, subject to the administrative procedures act. The power of the commission to amend the written disclosure requirements are liberally construed so as to allow additional information to be provided as to the structural components, housing systems, and other property information as required by this chapter.
SECTION 3. Chapter 5-20.8 of the
General Laws entitled "Real Estate Sales Disclosures" is hereby
amended by adding thereto the following section:
5-20.8-12. Private well testing requirement. -- (a) Every
contract for the purchase and sale of real estate located in the state, and
which is served by a private water supply (well), shall provide that potential
purchasers be permitted a ten (10) day period, unless the parties mutually
agree upon a different period of time, to conduct the testing pursuant to
department regulations required by section 23-1-5.3 before becoming obligated
under the contract to purchase. The test results may be provided by the seller
pursuant to the standards in the regulations.
(b) Failure to include the provision required in subsection (a)
in the purchase and sale agreement for real estate does not create any defect
in title.
(c) Failure to provide the results of any previous testing of a
private water supply (well) servicing the property does not create any defect
in title.
(d) Failure to include the purchase and sale agreement
provision required in subsection (a); failure to provide previous testing
results of a private water supply (well) servicing the property; or testing results
which show contaminant level(s) in excess of those established by department
regulation pursuant to section 23-1-5.3 entitle the purchaser to void the
purchase and sale agreement by providing notice in writing to the seller prior
to the transfer of the title at closing.
(e) The prospective buyer will pay for the collection and
analysis of the water samples and a qualified opinion relating to the
potability of the water, unless otherwise agreed in writing.
SECTION 4. Sections 23-27.3-120.1 and
23-27.3-120.3 of the General Laws in Chapter 23-27.3 entitled "State
Building Code" are hereby amended to read as follows:
23-27.3-120.1. New buildings. -- No building or structure
hereafter erected shall be used or occupied in whole or in part until a
certificate of use and occupancy shall have been issued by the building
official. The certificate shall not be issued until all work has been completed
in accordance with the provisions of this code, the Fire Safety Code (chapters
28.1 -- 28.39 of this title), of all approved permits, and of all applicable
codes for which a permit is required, except as provided in section
23-27.3-120.4. In addition, the certificate shall not be issued for any
property serviced by a private well until the property owner has submitted
documentation to the building official which demonstrates compliance with the
drinking water testing requirements and the drinking water standard for
coliform bacteria, fluoride, lead, nitrate and nitrite for private wells
established by the director of health. A city or town may require additional
testing and compliance with quality standards established pursuant to section
23-1-5.3(6).
23-27.3-120.3. Existing buildings. -- Upon written request
from the owner of an existing building, the building official shall issue a
certificate of use and occupancy, provided there are no violations of law or
orders of the building official or the fire official pending, and it is
established after inspection and investigation that the alleged use of the
building has heretofore existed. Nothing in this code shall require the
removal, alteration, or abandonment of, or prevent the continuance of the use
and occupancy of, a lawfully existing building, unless the use is deemed to
endanger public safety and welfare. In addition, the written request from
the owner of any property serviced by a private well shall be accompanied by
documentation which demonstrates compliance with the drinking water testing
requirements and the drinking water standard for coliform bacteria, flouride,
lead, nitrate and nitrite for private wells established by the director of
health. A city or town may require additional testing and compliance with
quality standards established pursuant to section 23-1-5.3(6). Testing results
which show that a private well is not in compliance with one or more of these
drinking water quality standards shall be sufficient to deem the private well
as a danger to public safety and welfare, and shall require corrective action
before the certificate of use and occupancy can be issued.
Corrective action shall be completed within thirty (30) days.
The property owner may appeal to the Town Building Code Board of Appeals for a
ninety (90) day extension, or give other just cause why the water well should
remain in service for an extended period of time.
If a registered engineer or otherwise qualified professional
certifies no currently available treatment system will adequately treat the
water to meet the potability requirement, the property owner can appeal to the
Town Building Code Board of Appeals for an exemption from the private well
potability requirement until such time a public water supply becomes available.
Said exemption will expire after five (5) years, renewable by successful appeal
only.
SECTION 5.
Sections 1, 2 and 3 of this act shall take effect upon passage. Section 4 as it
pertains to section 23-27.3-120.1 shall take effect on July 1, 2003. Section 4
as it pertains to section 23-27.3-120.3 shall take effect on July 1, 2006.