Bill Text: PA SB647 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for limitation of liability for mold and mold damage.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-25 - Referred to JUDICIARY [SB647 Detail]

Download: Pennsylvania-2011-SB647-Introduced.html

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PRINTER'S NO. 662
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 647 Session of2011
INTRODUCED BY BOSCOLA, FONTANA, WAUGH AND EICHELBERGER, FEBRUARY 25, 2011
REFERRED TO JUDICIARY, FEBRUARY 25, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for limitation
of liability for mold and mold damage.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8340.2. Limitation of liability for mold and mold damage.
(a) General rule.--Unless the parties otherwise agree in
writing, no contractor who installs an HVAC system in a
structure shall be liable for personal injuries, property damage
or other damages, losses or claims related to mold or mold
damage.
(b) Applicability.--Subsection (a) shall not apply to
personal injuries, property damage or other damages, losses or
claims related to mold or mold damage caused by one or more
defects in workmanship by a contractor relating to the
installation of an HVAC system.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"HVAC system." A heating, ventilation and air conditioning
system.
"Mold." A type or form of fungus, including mildew, and
toxins, spores, scents or by-products produced or released by a
fungus.
"Structure." Any residential or nonresidential building.
Section 2. This act shall take effect in 60 days.
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