AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for limitation
3of liability for mold and mold damage.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 8340.3. Limitation of liability for mold and mold damage.

9(a) General rule.--Unless the parties otherwise agree in
10writing, no contractor who installs an HVAC system in a
11structure may be liable for personal injuries, property damage
12or other damages, losses or claims related to mold or mold
13damage.

14(b) Applicability.--Subsection (a) shall not apply to
15personal injuries, property damage or other damages, losses or
16claims related to mold or mold damage caused by one or more
17defects in workmanship by a contractor relating to the
18installation of an HVAC system.

19(c) Definitions.--As used in this section, the following

1words and phrases shall have the meanings given to them in this
2subsection:

3"HVAC system." A heating, ventilation and air conditioning 
4system.

5"Mold." A type or form of fungus, including mildew, and 
6toxins, spores, scents or by-products produced or released by a 
7fungus.

8"Structure." Any residential or nonresidential building.

9Section 2. This act shall take effect in 60 days.