1Amending Title 68 (Real and Personal Property) of the
2Pennsylvania Consolidated Statutes, in general provisions,
3further providing for definitions; and, in seller
4disclosures, further providing <-for application of chapter and
5for disclosure form.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 7102 of Title 68 of the Pennsylvania
9Consolidated Statutes is amended by adding a definition to read:

10§ 7102. Definitions.

11Subject to additional definitions contained in subsequent
12provisions of this part which are applicable to specific
13provisions of this part, the following words and phrases when
14used in this part shall have the meanings given to them in this
15section unless the context clearly indicates otherwise:

16* * *

17"Storm water facility." A basin, pond, ditch, drain, swale,
18culvert, pipe or other manmade feature of land which was

1constructed <-to temporarily or permanently convey or store in
2accordance with Federal, State or local law or regulation to
3temporarily or permanently convey or manage storm water.

<-4Section 2. Section 7302(a)(2) of Title 68 is amended to
5read:

6§ 7302. Application of chapter.

7(a) General rule.--This chapter shall apply to all
8residential real estate transfers except the following:

9* * *

10(2) Transfers of new residential construction that has
11not been previously occupied when:

12(i) the buyer has received a one-year or longer
13written warranty covering such construction;

14(ii) the dwelling has been inspected for compliance
15with the applicable building code or, if there is no
16applicable code, for compliance with a nationally
17recognized model building code; [and]

18(iii) a certificate of occupancy or a certificate of
19code compliance has been issued for the dwelling[.]; and

20(iv) the dwelling is not located on a property
21containing any part of a storm water facility.

22* * *

23Section <-3 2. Section 7304(b)(13) of Title 68 is amended and
24subsection (b) is amended by adding a paragraph to read:

25§ 7304. Disclosure form.

26* * *

27(b) Contents of property disclosure statement.--The form of
28property disclosure statement promulgated by the State Real
29Estate Commission shall call for disclosures with respect to all
30of the following subjects:

1* * *

2(13) Soils, drainage [and], boundaries and sinkholes.

3* * *

4(17) <-Location and condition Condition, if known, and the
5location of all storm water facilities, including a statement
6disclosing whether ongoing maintenance of the storm water
7facilities is the responsibility of the property owner or the
8responsibility of another person or entity.

9* * *

10Section 3. For the purpose of implementing the amendment or 
11addition of 68 Pa.C.S. § 7304(b)(13) and (17), revisions to the 
12property disclosure statement shall be promulgated by the State 
13Real Estate Commission within 120 days of the effective date of 
14this section as a final-omitted regulation under the act of June 
1525, 1982 (P.L.633, No.181), known as the Regulatory Review Act, 
16with notice of proposed rulemaking omitted under section 204 of 
17the act of July 31, 1968 (P.L.769, No.240), referred to as the 
18Commonwealth Documents Law.

19Section 4. This act shall take effect immediately.