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
19constructed to temporarily or permanently convey or store storm


2Section 2. Section 7302(a)(2) of Title 68 is amended to

4§ 7302. Application of chapter.

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

7* * *

8(2) Transfers of new residential construction that has
9not been previously occupied when:

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

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

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

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

20* * *

21Section 3. Section 7304(b)(13) of Title 68 is amended and
22subsection (b) is amended by adding a paragraph to read:

23§ 7304. Disclosure form.

24* * *

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

29* * *

30(13) Soils, drainage [and], boundaries and sinkholes.

1* * *

2(17) Location and condition of all storm water
3facilities, including a statement disclosing whether ongoing
4maintenance of the storm water facilities is the
5responsibility of the property owner or the responsibility of
6another person or entity.

7* * *

8Section 3. For the purpose of implementing the amendment or 
9addition of 68 Pa.C.S. § 7304(b)(13) and (17), revisions to the 
10property disclosure statement shall be promulgated by the State 
11Real Estate Commission within 120 days of the effective date of 
12this section as a final-form regulation under the act of June 
1325, 1982 (P.L.633, No.181), known as the Regulatory Review Act, 
14with notice of proposed rulemaking omitted under section 204 of 
15the act of July 31, 1968 (P.L.769, No.240), referred to as the 
16Commonwealth Documents Law.

17Section 4. This act shall take effect immediately.