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                                                      PRINTER'S NO. 1393

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1144 Session of 2007


        INTRODUCED BY SOLOBAY, PAYNE, BELFANTI, CONKLIN, DALEY,
           DENLINGER, FABRIZIO, GEORGE, GERGELY, GINGRICH, GOODMAN,
           GRUCELA, HALUSKA, HENNESSEY, HUTCHINSON, W. KELLER, KILLION,
           KORTZ, KOTIK, KULA, LEACH, MAHONEY, MANN, McGEEHAN, MYERS,
           M. O'BRIEN, PARKER, PETRARCA, RAYMOND, READSHAW, REICHLEY,
           SCAVELLO, SEIP, K. SMITH, SURRA, J. TAYLOR, WALKO, J. WHITE,
           WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, APRIL 23, 2007

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, APRIL 23, 2007

                                     AN ACT

     1  Establishing a tax credit for qualifying costs of automatic fire
     2     sprinkler systems.

     3     The General Assembly finds and declares as follows:
     4         (1)  Fires in residences have taken a high toll of life
     5     and property.
     6         (2)  In 2005, at least 396,000 residential fires broke
     7     out across the United States, killing 3,055 civilians,
     8     injuring 13,825 others and causing $6.9 billion in property
     9     damage.
    10         (3)  Studies by the Federal Emergency Management Agency's
    11     United States Fire Administration indicate that the
    12     installation of residential fire sprinkler systems could save
    13     thousands of lives, prevent injuries and eliminate hundreds
    14     of millions of dollars in property losses.
    15         (4)  The residence of Steven and Rebecca Eddy of

     1     Waynesburg in Greene County did not contain an automatic
     2     sprinkler system and burned down, killing six children and
     3     one adult on February 17, 2007.
     4         (5)  The National Fire Protection Association has no
     5     record of a fire killing more than two people in a public
     6     assembly, educational, institutional or residential building
     7     where the sprinkler system was properly installed and fully
     8     operational.
     9         (6)  Sprinkler systems dramatically improve the chances
    10     of survival of those who cannot save themselves, specifically
    11     older adults, young children and people with disabilities.
    12         (7)  The financial cost of upgrading the fire
    13     countermeasures in buildings built prior to fire safety codes
    14     is prohibitive for most property owners.
    15         (8)  The Commonwealth is in need of incentives for the
    16     voluntary installation and retrofitting of buildings with
    17     automated sprinkler systems to save the lives of countless
    18     individuals and responding firefighters and to drastically
    19     reduce the costs from property damage.
    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22  Section 1.  Short title.
    23     This act shall be known and may be cited as the Automatic
    24  Fire Sprinkler System Tax Credit Act.
    25  Section 2.  Definitions.
    26     The following words and phrases when used in this act shall
    27  have the meanings given to them in this section unless the
    28  context clearly indicates otherwise:
    29     "Automatic fire sprinkler system."  A water distribution
    30  system in a building or structure to which fire sprinklers are
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     1  connected, designed for the purpose of extinguishing fires and
     2  classified under one of the following publications of the
     3  National Fire Protection Association:
     4         (1)  NFPA 13, Installation of Sprinkler Systems.
     5         (2)  NFPA 13D, Installation of Sprinkler Systems in One
     6     and Two Family Dwellings and Manufactured Homes.
     7         (3)  NFPA 13R, Installation of Sprinkler Systems in
     8     Residential Occupancies up to and Including Four Stories in
     9     Height.
    10     "Department."  The Department of Revenue of the Commonwealth.
    11     "Real estate."  Any fee, leasehold or other estate or
    12  interest in, over or under land, including structures, fixtures
    13  and other improvements and interests which by custom, usage or
    14  law pass with a conveyance of land though not described in the
    15  contract of sale or instrument of conveyance. The term includes
    16  parcels with or without upper or lower boundaries and spaces
    17  that may be filled with air or water.
    18     "Residential dwelling."  A single family unit on real estate
    19  used for dwelling purposes.
    20     "Qualifying costs."  Costs incurred in purchasing or
    21  otherwise acquiring an automatic fire sprinkler system,
    22  including accessories and installation for use in a single
    23  family residence.
    24  Section 3.  Automatic fire sprinkler system tax credit.
    25     (a)  Eligible taxes.--The department shall grant a tax credit
    26  to approved projects of eligible applicants equal to 50% of the
    27  qualifying costs of an automatic fire sprinkler system for a
    28  residential dwelling.
    29     (b)  Tax credit limit.--The tax credit established by this
    30  act shall not:
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     1         (1)  Exceed $1,000 for the taxable year in which the
     2     automatic fire sprinkler system is installed.
     3         (2)  Be claimed by the eligible applicant in more than
     4     one taxable year.
     5         (3)  Be refunded to the eligible applicant.
     6  Section 4.  Sunset for tax credit.
     7     No tax credit shall be granted three years after the
     8  effective date of this act.
     9  Section 5.  Maximum yearly aggregate tax credit.
    10     The tax credit set forth in this act shall not exceed
    11  $2,000,000 in any taxable year.
    12  Section 6.  Effective date.
    13     This act shall take effect in 60 days.












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