Amendment #92 to H5150

Crumbling Foundation Commission Recommendations

Mr. Ashe of Longmeadow moves to amend the bill by adding the following sections:

SECTION XX: Notwithstanding any general or special law to the contrary, fees for building permits for work associated with crumbling concrete foundations replacement, shall be waived.  To qualify for the waiver of said fees, the applicant – whether the homeowner, contractor, subcontractor, or agent – shall provide written documentation showing that pyrite or pyrrhotite minerals are present in the foundation at issue.  Nothing in this law shall waive any of the permit application requirements or potential public hearing associated with a permit application.  Nor shall the waiver of fees constitute the presumption of the issuance of a permit.

SECTION XX: Notwithstanding any general or special law to the contrary, each person who offers residential property in the state for sale, exchange or for lease with option to buy, shall provide a written residential condition report to the prospective purchaser at any time prior to the prospective purchaser’s execution of any binder, contract to purchase, option or lease containing a purchase option.   Said report shall include, but not be limited to:

(A)A statement concerning whether or not the foundation of the property is made of concrete; if the foundation is made of concrete, a further statement that the prospective purchaser should have the foundation inspected by a professional engineer licensed pursuant to the laws of the Commonwealth, who is a structural engineer, for deterioration of the foundation due to the presence of the pyrite or pyrrhotite mineral.

(B)A statement as to whether the seller has knowledge of any testing or inspection done by a licensed professional related to a foundation on the property.  If the seller acknowledges testing or inspection, then a report of the findings of said testing or inspection shall be provided to the prospective purchaser.

(C)A statement as to whether the seller has knowledge of any repairs related to a foundation on the property.  If the seller acknowledges such repairs, documentation of the nature and scope of the repairs shall be provided to the prospective purchaser.

(D)A statement as to whether the seller is aware of any prior or pending litigation, government agency or administrative action, order or lien on the premises related to the presence of pyrite or pyrrhotite mineral in the foundation.  If the seller acknowledges such prior or pending legislation, government agency or administrative action, order, or lien on the premises, they shall provide documentation to the prospective purchaser.

Notwithstanding any general or special law to the contrary, Chapter 175 shall be amended by adding at the end thereof the following new section:

SECTION XX:  The Commonwealth of Massachusetts shall grant permission to the Connecticut Foundations Solutions Indemnity Company, Inc., a Captive Insurance Company, to conduct business in Massachusetts for the purpose of overseeing the evaluation, repair, replacement, and reimbursement of qualified residential crumbling foundations.  Provided, however, that said Captive Insurance Company shall comply with the necessary regulations set forth in this Chapter for the offering of homeowner’s insurance coverage.  Further, that said Captive Insurance Company shall register with the Secretary of State as a foreign corporation doing business within the Commonwealth.

Additional co-sponsor(s) added to Amendment #92 to H5150

Crumbling Foundation Commission Recommendations