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.

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), known as the
Unfair Trade Practices and Consumer Protection Law.
(viii) The conversion of existing commercial
structures into residential or noncommercial structures.
* * *
"Letter of good standing." A certified document issued by
another state or political subdivision stating that an out-of-
State individual or entity is licensed or registered as a home
improvement contractor in good standing and identifying any
disciplinary action or audit and the outcome of the disciplinary
action or audit.
* * *
Section 2. Section 3(a) of the act is amended and the
section is amended by adding a subsection to read:
Section 3. Registration of contractors.
(a) [General rule] Registration.--No person shall hold
[himself] oneself out as a contractor, nor shall a person
perform any home improvement without first registering with the
bureau, as provided for in this act.
* * *
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(e) Nongrant or renewal of registration.--Prior to granting
or renewing a registration, the bureau shall attempt to verify
the statements of each individual making application regarding
prior convictions by using the Pennsylvania Justice Network or a
similar database to search the dockets of the Administrative
Office of Pennsylvania Courts for convictions of the applicant
relating to a home improvement transaction, fraud, theft, a
crime of deception or a crime involving fraudulent business
practices. The bureau's verification process shall be conducted
for each individual making application using the individual's
name, date of birth and address submitted with the application.
The bureau shall not grant or renew a registration to a person
who, within the previous 10 years, has been convicted of a
felony offense relating to a home improvement transaction,
fraud, theft, a crime of deception or a crime involving
fraudulent business practices.
Section 3. Section 4(a)(1)(iv) and (vii) introductory
paragraph and (A) and (b) of the act are amended and subsection
(a)(1)(vii) is amended by adding a clause to read:
Section 4. Procedures for registration as a contractor.
(a) Application.--
(1) A person shall apply to the bureau in writing or
electronically via a secure Internet connection, if permitted
by the bureau, on a form provided by the bureau. The
application shall include the following information:
* * *
(iv) For an out-of-State corporation, limited
liability or limited partnership, the name and address of
the entity's resident agent or registered office provider
within this Commonwealth and any registration number or
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license number issued to the entity by its home state or
political subdivision of such other state as specified in
a letter of good standing, if applicable.
* * *
(vii) A statement whether:
(A) The individual or individuals making
application, any employee or immediate family member,
even if doing so as part of a business entity
application, [has] have ever been convicted of a
criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a
crime involving fraudulent business practices, as
well as a statement whether the applicant has ever
filed a petition in bankruptcy or, within the last
ten years, received a final civil judgment entered
against the applicant or [businesses] business in
which the applicant held an interest that was related
to a home improvement transaction.
* * *
(C) The individual or individuals making
application, any employee or immediate family member,
even if doing so as part of a business entity
application, have ever been subject to an enforcement
action by the bureau and the docket number of the
action. For an action identified under this clause,
the statement shall include the civil docket number,
all relief ordered against or agreed to by the
individual and whether monetary relief is owed.
* * *
(b) Reporting of multiple registrations or licensures.--Any
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registered contractor in this Commonwealth who is registered or
licensed as a home improvement contractor in any other state, or
political subdivision thereof, shall report this information to
the bureau on the initial registration and [biennial] annual
registration application. Any disciplinary action taken in such
other jurisdiction shall be reported to the bureau on the
initial registration application or, if such action occurred
subsequent to submission of an initial application, on the
[biennial] annual registration application or within 90 days of
final disposition, whichever is sooner. Information regarding
multiple registrations or licenses reported on the initial
registration application shall be included in a letter of good
standing. Multiple registrations or licensures shall be noted by
the bureau on the contractor's registration, and such state, or
political subdivision thereof, shall be notified by the bureau
of any disciplinary actions taken against such contractor in
this Commonwealth.
* * *
Section 4. Sections 5(a), 7(g) and 8(a)(5) and (c)(5) of the
act are amended to read:
Section 5. Application fees.
(a) Amount.--Each application for a certificate for a home
improvement contractor or renewal of that certificate shall be
accompanied by a fee [of $50] as set by section 1603-U of the
act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code, until December 31, 2029, or until determined by
regulation. After completion of the application and payment of
the fee, the bureau shall issue the home improvement contractor
a registration certificate identifying the name of the
individual contractor, name and address of the business and a
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registration number. Renewals shall be on [a biennial] an annual
basis.
* * *
Section 7. Home improvement contracts.
* * *
(g) Contractor's recovery right.--[Nothing]
(1) Except as provided under paragraph (2), nothing in
this section shall preclude a contractor who has complied
with subsection (a) from the recovery of payment for work
performed based on the reasonable value of services which
were requested by the owner if a court determines that it
would be inequitable to deny such recovery.
(2) A contractor who has failed to include the notice of
the right of rescission required under subsection (a)(13) or
otherwise comply with section 7(b)(2) of the Unfair Trade
Practices and Consumer Protection Law shall be precluded from
the recovery of payment for work performed based on the
reasonable value of services which were requested by the
owner.
Section 8. Home improvement fraud.
(a) Offense defined.--A person commits the offense of home
improvement fraud if, with intent to defraud or injure anyone or
with knowledge that he is facilitating a fraud or injury to be
perpetrated by anyone, the actor:
* * *
(5) misrepresents [himself] oneself or another as an
employee or agent of the Federal, Commonwealth or municipal
government, any other governmental unit or any public utility
with the intent to cause a person to enter into any agreement
for performing home improvement services or providing home
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improvement materials;
* * *
(c) Grading.--
* * *
(5) Notwithstanding any other provision of this section,
where a person commits a second or subsequent offense
described in subsection (a), the offense will constitute a
felony of the second degree regardless of the amount of money
involved. For this paragraph to be applicable, the second or
subsequent offense must have occurred after the first
conviction. For purposes of this paragraph, a conviction
shall occur upon the imposition of sentence. Paragraph (4)
shall not be applicable to persons whose sentences would be
enhanced pursuant to this paragraph.
* * *
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of
section 5(a) of the act.
(2) Section 1603-U of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed insofar as it
is inconsistent with the amendment of section 5(a) of the
act.
Section 6. This act shall take effect in 60 days.
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