PRINTER'S NO. 636
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
691
Session of
2023
INTRODUCED BY HOHENSTEIN, ISAACSON, GALLAGHER, PIELLI, GUENST,
GIRAL, PROBST, SANCHEZ, HILL-EVANS, PARKER, NEILSON, CIRESI,
KINSEY, CERRATO, N. NELSON, WEBSTER, BRENNAN AND McNEILL,
MARCH 24, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
MARCH 24, 2023
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," in exemptions, applicability
and penalties, providing for residential building
construction defect remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act, is amended by
adding a section to read:
Section 904. Residential building construction defect remedies.
(a) Repairs required.--The builder of new or rehabilitated
residential building construction sold or leased and registered
in this Commonwealth shall repair or correct, at no cost to the
purchaser, a defect, including a water infiltration issue,
structural issue or any other problem, which substantially
impairs the use, value or safety of the residential building
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construction and may occur within a period of two years
following the actual delivery by the builder or the builder's
designee of the residential building to the purchaser.
(b) Action permitted.--If a defect is brought to the
attention of the builder within two years of actual delivery to
the purchaser of the residential building, the following shall
apply:
(1) The builder shall have six months from the date of
the notice of the defect to make the repair or correction.
(2) If the repair or correction is not completed within
six months from the date of the notice under paragraph (1),
the purchaser shall be entitled to file an action for
compliance with this section in a court of common pleas with
jurisdiction over the residential building.
(3) If the action for compliance under paragraph (2) is
adjudicated in favor of the purchaser, the builder shall be
liable for 150% of the cost of the repair or correction.
(c) Applicability.--This section shall not apply to a defect
that is cosmetic or covered by a warranty.
Section 2. This act shall apply to residential buildings
that were delivered within two years of the effective date of
the addition of section 904 of the act.
Section 3. This act shall take effect in 60 days.
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