SENATE AMENDED
PRIOR PRINTER'S NOS. 2988, 3015 PRINTER'S NO. 3309
No. 2203 Session of 2001
INTRODUCED BY ZUG, NICKOL AND ARGALL, DECEMBER 4, 2001
SENATOR DENT, URBAN AFFAIRS AND HOUSING, IN SENATE, AS AMENDED,
FEBRUARY 12, 2002
AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 requirement for home inspectors and for required contractual <--
4 provision regarding home inspections.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "national home inspectors <--
8 association" in section 7502(a) of Title 68 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 7502. Definitions and index of definitions.
11 (a) Definitions.--The following words and phrases when used
12 in this chapter shall have the meanings given to them in this
13 section unless the context clearly indicates otherwise:
14 * * *
15 "National home inspectors association." Any national
16 association of home inspectors that:
17 (1) Is operated on a not-for-profit basis and is not
1 operated as a franchise.
2 (2) Has members in more than ten states.
3 (3) Requires that a person may not become a full member
4 unless the person [has performed or participated in more than
5 100 home inspections and] has passed a recognized or
6 accredited examination testing knowledge of the proper
7 procedures for conducting a home inspection.
8 (4) Requires that its members comply with a code of
9 conduct and attend continuing professional education classes
10 as an ongoing condition of membership.
11 * * *
12 Section 2. Section 7506 of Title 68 is amended to read:
13 § 7506. Required contractual provision regarding home
14 inspections.
15 A provision of an agreement of transfer regarding the right
16 of the buyer to obtain a home inspection report and providing
17 for the consequences, if any, shall provide that the home
18 inspection be performed by:
19 (1) a full member in good standing of a national home
20 inspection association in accordance with the ethical
21 standards and code of conduct or practice of that
22 association[. A home inspection performed by a person who has
23 not attained full membership in a national home inspection
24 association satisfies the requirements of this section if the
25 person is supervised by a full member in good standing of a
26 national home inspection association who agrees to be
27 responsible for the home inspection report by signing the
28 report.]; or
29 (2) an individual, in good standing, who is active
30 within a national home inspectors association working to
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1 become a full member in accordance with the ethical
2 standards, code of conduct, practice or requirements of that
3 association.
4 SECTION 1. SECTION 7506 OF TITLE 68 OF THE PENNSYLVANIA <--
5 CONSOLIDATED STATUTES IS AMENDED TO READ:
6 § 7506. REQUIRED CONTRACTUAL PROVISION REGARDING HOME
7 INSPECTIONS.
8 (A) GENERAL RULE.--A PROVISION OF AN AGREEMENT OF TRANSFER
9 REGARDING THE RIGHT OF THE BUYER TO OBTAIN A HOME INSPECTION
10 REPORT AND PROVIDING FOR THE CONSEQUENCES, IF ANY, SHALL PROVIDE
11 THAT THE HOME INSPECTION BE PERFORMED BY A FULL MEMBER IN GOOD
12 STANDING OF A NATIONAL HOME INSPECTION ASSOCIATION IN ACCORDANCE
13 WITH THE ETHICAL STANDARDS AND CODE OF CONDUCT OR PRACTICE OF
14 THAT ASSOCIATION. A HOME INSPECTION PERFORMED BY A PERSON WHO
15 HAS NOT ATTAINED FULL MEMBERSHIP IN A NATIONAL HOME INSPECTION
16 ASSOCIATION SATISFIES THE REQUIREMENTS OF THIS SECTION IF THE
17 PERSON IS SUPERVISED BY A FULL MEMBER IN GOOD STANDING OF A
18 NATIONAL HOME INSPECTION ASSOCIATION WHO AGREES TO BE
19 RESPONSIBLE FOR THE HOME INSPECTION REPORT BY SIGNING THE
20 REPORT.
21 (B) EXCLUSION.--NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
22 (A), A HOME INSPECTION PERFORMED ON OR BEFORE JUNE 20, 2003,
23 WITHOUT SUPERVISION BY A HOME INSPECTOR WHO WAS NOT A FULL
24 MEMBER OF A NATIONAL HOME INSPECTION ASSOCIATION ON DECEMBER 20,
25 2001, BUT WHO WAS WORKING TOWARD BECOMING A FULL MEMBER OF A
26 NATIONAL HOME INSPECTION ASSOCIATION ON DECEMBER 20, 2001,
27 SATISFIES THE REQUIREMENTS OF THIS SECTION.
28 Section 3 2. This act shall take effect immediately. <--
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