Pennsylvania SB 1324: An Act amending the act of October 17, 2008 (P.L.1645, No.132), known as the Home Improvement Consumer Protection Act, further providing for definitions, for registration of contractors, for procedures for registration as a contractor, for application fees, for home improvement contracts and for home improvement fraud; and making a repeal.

Bill Text

PRINTER'S NO. 1679
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1324
Session of
2026
INTRODUCED BY BARTOLOTTA, CULVER, BOSCOLA, FONTANA AND BAKER,
MAY 4, 2026
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 4, 2026
AN ACT
Amending the act of October 17, 2008 (P.L.1645, No.132),
entitled "An act providing for the regulation of home
improvement contracts and for the registration of certain
contractors; prohibiting certain acts; and providing for
penalties," further providing for definitions, for
registration of contractors, for procedures for registration
as a contractor, for application fees, for home improvement
contracts and for home improvement fraud; and making a
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "certificate," "contractor"
and "home improvement" in section 2 of the act of October 17,
2008 (P.L.1645, No.132), known as the Home Improvement Consumer
Protection Act, are amended and the section is amended by adding
a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Certificate." A certificate of registration as a
contractor, issued by the [Bureau of Consumer Protection]
bureau, which contains a registration number assigned by the
[Bureau of Consumer Protection] bureau.
"Contractor." Any person who owns and operates a home
improvement business or who undertakes, offers to undertake or
agrees to perform any home improvement. The term includes a
subcontractor or independent contractor who has contracted with
a home improvement retailer, regardless of the retailer's net
worth, to provide home improvement services to the retailer's
customers. The term does not include [any of the following:
(1) A person for whom the total cash value of all of
that person's home improvements is less than $5,000 during
the previous taxable year.
(2) A] a home improvement retailer having a net worth of
more than $50,000,000 or an employee of that retailer that
does not perform home improvements.
"Home improvement."
(1) The term includes all of the following done in
connection with land or a portion of the land adjacent to a
private residence or a building or a portion of the building
which is used or designed to be used as a private residence
for which the total cash price of all work agreed upon
between the contractor and owner is more than [$500] $1,000:
(i) Repair, replacement, remodeling, demolition,
removal, renovation, installation, alteration,
conversion, modernization, improvement, rehabilitation or
sandblasting.
(ii) Construction, replacement, installation or
improvement of driveways, swimming pools, pool houses,
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porches, garages, roofs, siding, insulation, solar energy
systems, security systems, flooring, patios, fences,
gazebos, sheds, cabanas, landscaping of a type that is
not excluded under paragraph (2)(vi), tree care service
of a type that is not excluded under paragraph (2)(vi),
painting, doors and windows and waterproofing.
(iii) Without regard to affixation, the installation
of central heating, air conditioning, storm windows or
awnings.
(2) The term does not include:
(i) The construction of a new home.
(ii) The sale of goods or materials by a seller who
neither arranges to nor performs, directly or indirectly,
any work or labor in connection with the installation or
application of the goods or materials.
(iii) The sale of services furnished for commercial
or business use or for resale, if the service takes place
somewhere other than at a private residence.
(iv) The sale of appliances, including stoves,
refrigerators, freezers, room air conditioners and others
which are designed for and are easily removable from the
premises without material alteration.
(v) Any work performed without compensation by the
owner of the owner's private residence or residential
rental property.
(vi) Any work performed by a landscaper certified by
the Department of Agriculture under the act of December
16, 1992 (P.L.1228, No.162), known as the Plant Pest Act,
except to the extent that the work involves any of the
following at a private residence:
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(A) The construction, replacement, installation
or improvement of buildings, driveways, swimming
pools, porches, garages, roofs, siding, insulation,
solar energy systems, security systems, flooring,
patios, nondecorative fences, doors, lighting
systems, concrete walkways and windows.
(B) The placement of retaining walls, fountains
or drainage systems.
(C) Tree care service.
(vii) Emergency work pursuant to section 7 of the
act of December 17, 1968 (P.L.1224, No.387), kn