HB 1147 — An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, in exemptions, applicability and penalties, providing for residential building construction defect remedies.

PRINTER'S NO.     1268

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1147
                                               Session of
                                                 2025

     INTRODUCED BY HOHENSTEIN, ISAACSON, GALLAGHER, PIELLI, SANCHEZ,
        GIRAL, McNEILL, KENYATTA, HILL-EVANS, GUENST, PROKOPIAK,
        CERRATO, PARKER, NEILSON, DONAHUE, BRENNAN, D. WILLIAMS,
        MADDEN, MALAGARI, BOROWSKI, MAYES, CEPEDA-FREYTIZ, WEBSTER
        AND FREEMAN, APRIL 4, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        APRIL 4, 2025


                                    AN ACT
 1   Amending the act of November 10, 1999 (P.L.491, No.45), entitled
 2      "An act establishing a uniform construction code; imposing
 3      powers and duties on municipalities and the Department of
 4      Labor and Industry; providing for enforcement; imposing
 5      penalties; and making repeals," in exemptions, applicability
 6      and penalties, providing for residential building
 7      construction defect remedies.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of November 10, 1999 (P.L.491, No.45),
11   known as the Pennsylvania Construction Code Act, is amended by
12   adding a section to read:
13   Section 904.    Residential building construction defect remedies.
14      (a)   Repairs required.--The builder of new or rehabilitated
15   residential building construction sold or leased and registered
16   in this Commonwealth shall repair or correct, at no cost to the
17   purchaser, a defect, including a water infiltration issue,
18   structural issue or any other problem, which substantially
 1   impairs the use, value or safety of the residential building
 2   construction and may occur within a period of two years
 3   following the actual delivery by the builder or the builder's
 4   designee of the residential building to the purchaser.
 5      (b)   Action permitted.--If a defect is brought to the
 6   attention of the builder within two years of actual delivery to
 7   the purchaser of the residential building, the following shall
 8   apply:
 9            (1)   The builder shall have six months from the date of
10      the notice of the defect to make the repair or correction.
11            (2)   If the repair or correction is not completed within
12      six months from the date of the notice under paragraph (1),
13      the purchaser shall be entitled to file an action for
14      compliance with this section in a court of common pleas with
15      jurisdiction over the residential building.
16            (3)   If the action for compliance under paragraph (2) is
17      adjudicated in favor of the purchaser, the builder shall be
18      liable for 150% of the cost of the repair or correction.
19      (c)   Applicability.--This section shall not apply to a defect
20   that is cosmetic or covered by a warranty.
21      Section 2.    This act shall apply to residential buildings
22   that were delivered within two years of the effective date of
23   the addition of section 904 of the act.
24      Section 3.    This act shall take effect in 60 days.




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