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 storm
2water.

3Section 2. Section 7302(a)(2) of Title 68 is amended to
4read:

5§ 7302. Application of chapter.

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

8* * *

9(2) Transfers of new residential construction that has
10not been previously occupied when:

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

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

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

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

21* * *

22Section 3. Section 7304(b)(13) of Title 68 is amended and
23subsection (b) is amended by adding a paragraph to read:

24§ 7304. Disclosure form.

25* * *

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

30* * *

1(13) Soils, drainage [and], boundaries and sinkholes.

2* * *

3(17) Location and condition of all storm water
4facilities, including a statement disclosing whether ongoing
5maintenance of the storm water facilities is the
6responsibility of the property owner or the responsibility of
7another person or entity.

8* * *

9Section 3. For the purpose of implementing the amendment or 
10addition of 68 Pa.C.S. § 7304(b)(13) and (17), revisions to the 
11property disclosure statement shall be promulgated by the State 
12Real Estate Commission within 120 days of the effective date of 
13this section as a <-final-form final-omitted regulation under the 
14act of June 25, 1982 (P.L.633, No.181), known as the Regulatory 
15Review Act, with notice of proposed rulemaking omitted under 
16section 204 of the act of July 31, 1968 (P.L.769, No.240), 
17referred to as the Commonwealth Documents Law.

18Section 4. This act shall take effect immediately.