How HB 2861 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill introduces a requirement for chimney inspections in real estate transactions and modifies disclosure obligations for sellers.

• 68 Pa. C.S. § 7304

  (18) Chimney, as provided under section 7316 (relating to chimney inspection).

  Adds chimney inspection as a subject to be disclosed in the property disclosure statement.

• 68 Pa. C.S. § 7308

  The → Except as provided under section 7316 (relating to chimney inspection), the

  Clarifies that the seller is not obligated to investigate disclosures, except for chimney inspections.

• 68 Pa. C.S. § 7316

  § 7316. Chimney inspection. (a) Inspection requirement.--Except as provided under subsection (c), prior to the settlement of a residential real estate transfer involving property containing a chimney, not including a chimney that has been permanently rendered unusable, the seller shall obtain a Level II chimney inspection performed in accordance with the National Fire Protection Association 211 standard, in effect on the effective date of this subsection, by a qualified chimney inspector at the seller's expense. (b) Inspection report.--The seller shall provide a copy of the inspection report required under subsection (a) to the buyer prior to the signing of an agreement of transfer by the seller and buyer with respect to the property. (c) Exceptions.--The inspection requirement under subsection (a) shall not apply to a transfer exempt from the requirements under section 7302 (relating to application of chapter). d) Regulations.--The State Real Estate Commission may promulgate regulations necessary to implement this section. (e) Definition.--As used in this section, the term "qualified chimney inspector" shall mean an individual who: (1) holds a current certified chimney sweep credential issued by the Chimney Safety Institute of America; or (2) holds a current certification issued by a nationally recognized chimney or fireplace inspection organization that requires demonstrated knowledge of National Fire Protection Association 211 standard and the inspection of chimney and venting systems.

  Establishes a mandatory chimney inspection process for residential real estate transactions, including the need for an inspection report to be provided to buyers.