PRINTER'S NO. 504
No. 457 Session of 2007
INTRODUCED BY BOSCOLA, STOUT AND FOLMER, MARCH 14, 2007
REFERRED TO JUDICIARY, MARCH 14, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for limitation
3 of liability for mold and mold damage.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8340.2. Limitation of liability for mold and mold damage.
9 (a) General rule.--Unless the parties otherwise agree in
10 writing, no contractor who installs an HVAC system in a
11 structure shall be liable for any personal injuries, property
12 damage or any other damages, losses or claims related to mold or
13 mold damage.
14 (b) Applicability.--Subsection (a) shall not apply to
15 personal injuries, property damage or any other damages, losses
16 or claims related to mold or mold damage caused by one or more
17 defects in workmanship by a contractor relating to the
18 installation of an HVAC system.
1 (c) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "HVAC system." A heating, ventilation and air conditioning
5 system.
6 "Mold." Any type or form of fungus, including mildew, and
7 any toxins, spores, scents or by-products produced or released
8 by a fungus.
9 "Structure." Any residential or nonresidential building.
10 Section 2. This act shall take effect in 60 days.
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