HARRY HUGHES, Governor

2073

(I)  PROVIDE THE FIRST PURCHASER OF THE
BUILDING WITH A COPY OF THE CERTIFICATE THAT IS FILED WITH

THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

ELECTRIC COMPANY; OR

(II)  IF THE BUILDER WAS ISSUED A WAIVER
UNDER SUBSECTION (D) OF THIS SECTION, PROVIDE THE FIRST
PURCHASER WITH A COPY OF THE STATEMENT OF WAIVER.

(2) IF THE FIRST PURCHASER OF THE BUILDING
RESELLS THE BUILDING WITHOUT HAVING OCCUPIED OR RENTED IT,
AT THE TIME OF THE RESALE HE SHALL PROVIDE THE NEXT
PURCHASER WITH THE COPY OF THE CERTIFICATE OR THE STATEMENT
OF WAIVER.

(F) (1) IF, AFTER JULY 1, 1982, A BUILDER OF A
BUILDING FAILS TO COMPLY WITH THE ENERGY CONSERVATION
STANDARDS REQUIRED FOR CERTIFICATION UNDER THIS SECTION, OR
THE BUILDER FAILS TO OBTAIN A STATEMENT OF WAIVER UNDER THIS
SECTION, THE BUILDER IS LIABLE TO THE FIRST PURCHASER WHO
EITHER OCCUPIES OR RENTS THE BUILDING FOR AN AMOUNT NOT TO
EXCEED $2,000 AND FOR THE COST OF BRINGING THE BUILDING INTO
COMPLIANCE WITH THE STANDARDS REQUIRED UNDER THIS SECTION.
THE BUILDER ALSO IS LIABLE FOR THE REASONABLE ATTORNEY'S
FEES AND COURT COSTS OF THE PURCHASER, AND FOR ANY
REASONABLE COSTS INCURRED BY THE PURCHASER IN DETERMINING
THAT THE BUILDER DID NOT COMPLY WITH THE ENERGY CONSERVATION
STANDARDS REQUIRED UNDER THIS SECTION. AN ACTION BY A FIRST
PURCHASER AGAINST A BUILDER UNDER THIS SUBSECTION MAY BE
BROUGHT WITHIN 3 YEARS OF THE DATE ON WHICH THE BUILDER
PROVIDED THE FIRST PURCHASER WITH A COPY OF THE CERTIFICATE
OR THE WAIVER UNDER PARAGRAPH (E)(1) OF THIS SECTION.

(2) IF THE BUILDER IS A CORPORATION, THE
PURCHASER MAY BRING ANY ACTION AUTHORIZED UNDER THIS
SUBSECTION AGAINST ANY OFFICER OF THE CORPORATION PERSON WHO
WAS AN OFFICER OF THE CORPORATION AT THE TIME THAT THE
ALLEGED VIOLATION OCCURRED"

(G) (1) ANY PERSON WHO FAILS OR CAUSES ANOTHER TO FAIL
TO SUBMIT A CERTIFICATION OR WAIVER TO AN ELECTRIC COMPANY
AS REQUIRED BY THIS SECTION AND ANY PERSON WHO KNOWINGLY
SUBMITS OR KNOWINGLY CAUSES TO BE SUBMITTED A FALSE
CERTIFICATION OR WAIVER, IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $5,000.

(2) ANY ELECTRIC COMPANY THAT KNOWINGLY PROVIDES
SERVICE IN VIOLATION OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT
MORE THAN $5,000.

(H) THE PROVISIONS OF THIS SECTION APPLY IN ADDITION
TO AND NOT IN LIEU OF ANY OTHER PROVISION OF STATE OR LOCAL
LAW.