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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA AND FONTANA, APRIL 23, 2009 |
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| REFERRED TO JUDICIARY, APRIL 23, 2009 |
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| AN ACT |
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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. |
19 | (c) Definitions.--As used in this section, the following |
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1 | words and phrases shall have the meanings given to them in this |
2 | subsection: |
3 | "HVAC system." A heating, ventilation and air conditioning |
4 | system. |
5 | "Mold." Any type or form of fungus, including mildew, and |
6 | any toxins, spores, scents or by-products produced or released |
7 | by a fungus. |
8 | "Structure." Any residential or nonresidential building. |
9 | Section 2. This act shall take effect in 60 days. |
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