PRINTER'S NO. 2249
No. 1533 Session of 2002
INTRODUCED BY MUSTO, LAVALLE, COSTA, WOZNIAK, O'PAKE, BOSCOLA,
KUKOVICH, LEMMOND AND C. WILLIAMS, SEPTEMBER 27, 2002
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 27, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the acceptance of certain
3 deposits on certain home improvement contracts.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7330.1. Prohibition on certain home improvement contracts and
9 deposits.
10 (a) General rule.--It shall be unlawful for any contractor
11 to request or receive a deposit in an amount exceeding $200 for
12 the execution or performance of a home improvement contract with
13 the owner of a private residence without providing in the
14 contract an estimated date on which the home improvement will
15 commence and an estimated date on which the home improvement
16 will be completed.
17 (b) Grading.--
18 (1) An offense under this section shall constitute a
1 misdemeanor of the third degree.
2 (2) A second or subsequent offense under this section
3 shall constitute a misdemeanor of the first degree.
4 (c) Definitions.--As used in this section, the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Contractor." Any person, employee or agent of a contractor,
8 including a subcontractor, who owns and operates a home
9 improvement business or who undertakes, offers to undertake or
10 agrees to perform any home improvement. The term does not
11 include a person for whom the total cash value of all of that
12 person's home improvements is less than $5,000 during any period
13 of 12 consecutive months.
14 "Home improvement." The term includes, but is not limited
15 to, the repair, replacement, remodeling, alteration, conversion,
16 modernization, improvement, rehabilitation or sandblasting of or
17 addition to any land or building, or that portion thereof, which
18 is used or designed to be used as a private residence or the
19 construction, replacement, installation or improvement of
20 driveways, swimming pools, porches, garages, roofs, siding,
21 insulation, solar energy systems, security systems, flooring,
22 patios, fences, doors and windows and waterproofing in
23 connection with such land or building or that portion thereof
24 which is used or designed to be used as a private residence in
25 which the total cash price for all work agreed upon between the
26 contractor and owner exceeds $200. The term does not include:
27 (1) The construction of a new home.
28 (2) The sale of goods or materials by a seller who
29 neither arranges to perform nor performs, directly or
30 indirectly, any work or labor in connection with the
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1 installation or application of the goods or materials.
2 (3) The sale of services furnished for commercial or
3 business use or for resale, provided commercial or business
4 service takes place somewhere other than at a private
5 residence.
6 (4) The sale of appliances, such as stoves,
7 refrigerators, freezers, room air conditioners and others
8 which are designed for and are easily removable from the
9 premises without material alteration exceeding $200.
10 (5) Any work performed without compensation by the owner
11 on the owner's private residence or residential rental
12 property.
13 (6) Any work performed by a landscaper certified by the
14 Department of Agriculture under the act of December 16, 1992
15 (P.L.1228, No.162), known as the Plant Pest Act, except to
16 the extent that such work involves the construction,
17 replacement, installation or improvement of buildings,
18 driveways, swimming pools, porches, garages, roofs, siding,
19 insulation, solar energy systems, security systems, flooring,
20 patios, nondecorative fences, doors, lighting systems,
21 concrete walkways and windows.
22 "Home improvement contract." A written agreement between a
23 contractor or salesperson and an owner for the performance of a
24 home improvement.
25 "Owner." A person who owns or resides in a private residence
26 and includes any agent of that person. An owner of a private
27 residence shall not be required to reside in such residence to
28 be deemed an owner under this section. A person who owns three
29 or more private residences shall not be deemed an owner except
30 with respect to the person's primary residence or the part of
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1 the building which houses the primary residence of the owner.
2 "Private residence." A single family dwelling, a multifamily
3 dwelling consisting of not more than three units or a single
4 unit located within any multifamily dwelling, including, but not
5 limited to, condominiums and co-op units.
6 Section 2. This act shall take effect in 60 days.
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