31-171. Roofing material; wood shakes or wood shingles; restrictive covenants, unenforceable, when.

31-171

Chapter 31.--FIRE PROTECTION
Article 1.--FIRE SAFETY AND PREVENTION

      31-171.   Roofing material; wood shakes or woodshingles; restrictive covenants, unenforceable, when.(a) On and after theeffective date of this act, any provision of arestrictive covenant which requires the use of wood shingles or wood shakes asa roof covering material for any residential dwelling is hereby declared to beagainst public policy andsuch provision shall bevoid and unenforceableunless such covenant also allows for the use of an alternative material whichis comparable inappearance, flame resistant or retardant and meets or exceeds any firepreventionstandards established by any buildingcode which has been adopted as required by law applicable to such residentialdwelling.

      (b)   The provisions of this section shall apply to any restrictive covenant inexistence on the effective date of this act.

      (c)   The provisions of this section shall not affect the enforceability of arestrictive covenant which regulates or restricts the color, style, dimensionor other aesthetic characteristics of roofing material to be used on aresidential dwelling if such restrictive covenant meets the requirements ofsubsection (a).

      History:   L. 2006, ch. 96, § 1; July 1.