33-24-110. Risk preventative measures for homeowners -- premium reduction -- fire, wind, and hail.
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/mt/title-33/chapter-24/part-1/33-24-110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
33-24-110 . Risk preventative measures for homeowners -- premium reduction -- fire, wind, and hail.
(1)An insurer may provide a benefit or a premium reduction to a homeowner's insurance policyholder for preventative measures taken by the policyholder. Preventative measures include but are not limited to actions that reduce the risk of damage to property from fire, wind, or hail.
(a)Fire preventative measures include but are not limited to any of the following:
(i)using ignition-resistant, fire-resistive, or noncombustible building materials in construction, including noncombustible roofing or coating, exterior glazing for fire protection, and interior building materials designed to stop flame spread and prevent building collapse upon occupants and emergency service personnel;
(ii)maintaining an adequate outside water source;
(iii)providing annual confirmation, if requested by the insurer, that the insured has employed defensible space landscaping around the insured's structures;
(iv)keeping a border of at least 5 feet of nonflammable landscaping around the insured property;
(v)complying with any local, state, or federal fire prevention or community preparedness programs;
(vi)installing fire alarm or emergency alarm systems;
(vii)complying with the requirements of the International Wildland-Urban Interface Code if a building is located in a wildland-urban interface area; and
(viii)providing sufficient access to the property for firefighting equipment and authorized emergency vehicles as defined in 61-8-102 .
(b)Wind and hail preventative measures include but are not limited to the following:
(i)using an industry-approved resistant roof shingle;
(ii)anchoring outdoor furniture;
(iii)pruning tree branches or otherwise providing landscaping that reduces potential damage to the insured property; and
(iv)installing protective coverings to avoid additional damage to the insured property.
(2)An insurer who provides a benefit or premium reduction as provided in this section must include the benefit or premium reduction in writing to the policyholder. A benefit or premium reduction provided by an insurer under this section does not constitute an illegal rebate under 33-18-210 .
(3)For the purposes of this section, the following definitions apply:
(a)"Benefit" means a rebate, discount, abatement, credit, reduction of premium, or other advantage to the policyholder provided under the terms of a preventative measures agreement.
(b)"Policyholder" means a person who is the named insured in a homeowner's insurance policy.