THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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.