In exemptions, applicability and penalties, providing for residential building construction defect remedies.
Impact
By establishing clear timelines and responsibilities for builders, HB 1147 would clarify remediation obligations and bolster consumer rights related to residential building defects. The intent of the legislation is to reduce the burden on homeowners who might otherwise face difficult and costly repairs due to construction defects. The bill brings state law in alignment with the interests of consumers, ensuring that they do not bear the financial burden of issues that emerge due to the builders' oversight or negligence. Additionally, the law increases the stakes for builders, as failing to comply with repair obligations can result in increased financial liability.
Summary
House Bill 1147 seeks to amend the Pennsylvania Construction Code Act by adding provisions for residential building construction defect remedies. Under this bill, builders of new or rehabilitated residential properties sold or leased in Pennsylvania are mandated to repair any defects that significantly impair the use, value, or safety of the property at no cost to the purchaser, provided that such defects are reported within two years of delivery. This legislative measure aims to enhance protections for homeowners against construction-related issues, ensuring they have recourse if defects arise shortly after purchasing their homes.
Sentiment
The general sentiment surrounding HB 1147 is positive among consumer advocacy groups and future homeowners, who see the bill as a necessary protection against the potential pitfalls of home construction. Proponents highlight the importance of holding builders accountable and improving the overall quality of residential construction. However, there may be concerns from builders and construction industry advocates about the potential financial implications and administrative burden the bill imposes on their operations. This could lead to a dichotomy of views, where consumer rights are prioritized against potential downsides for the construction industry.
Contention
Notable points of contention may arise over how strictly the bill will be enforced and what constitutes a significant defect versus a cosmetic issue that is not covered under this mandate. Stakeholders in the construction industry may argue that the bill could lead to increased costs for homebuyers, as builders would likely account for the heightened liability in their pricing structures. Additionally, there may be concerns that the bill does not adequately address the nuances of what constitutes a defect and its impact, potentially leading to misinterpretations and disputes between homeowners and builders.
Providing for the regulation of home construction contracts and for the registration of certain home builders; prohibiting certain acts; providing for the offense of home construction fraud and for penalties; establishing the Home Builder Guaranty Fund; and providing for claims against the fund and for notification of defective or faulty building material or product.
Providing for testing for dangerous levels of radon and remediation measures in school buildings, residential buildings, residential homes and commercial buildings; and imposing penalties.
In general provisions relating to residential real property, further providing for definitions; and, in seller disclosures, further providing for application of chapter and providing for disclosure of construction defects.
In tenement buildings and multiple dwelling premises, further providing for definitions and providing for borrowing requirements, for abandonment of residential rental property and for maintenance by receiver; and imposing penalties.