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Section 13 | Standard of Performance DEFICIENCIES & DEFINED STRUCTURAL ELEMENT FAILURE (10 YEAR STRUCTURAL WARRANTY) Defined Structural Element Structural Columns / Masonry Structural Columns / Steel Structural Columns / Wood Load Bearing Walls & Partitions / Studs Warranty Tolerance Out-of-plumb 1" in 8' Out-of-plumb 3/8" in 8' measured vertically Bow of 3/4" in 8', or out-of-plumb 3/4" in 8' 1/2" out of line in 32" horizontal measurement or 1/2" out of line in 8' vertical measurement DEFLECTION means the difference in elevation of high and low points along a diagonal, horizontal, or vertical plane caused by stress induced deformation of a load bearing member. DEFLECTION is measured from any two end points and a third reference point. The reference point may be located at any distance between the two end points. EMERGENCY CONDITION means an event or situation that creates the imminent threat of damage to the HOME or the COMMON ELEMENTS related thereto, or results in an unsafe living condition due to DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURES that YOU become aware of at a point in time other than OUR normal business hours and YOU are unable to obtain OUR prior written approval to initiate repairs to stabilize the condition or prevent further damage. HOME means a single family residence either attached or detached or a condominium or cooperative unit in a multi-unit residence structure covered by this BUILDER’S LIMITED WARRANTY. HOME does not include, without limitation, the following: detached garages, detached carports, outbuildings (except outbuildings that contain electrical, plumbing, heating, cooling or ventilation SYSTEMS used by the HOME); swimming pools and other recreational facilities, driveways, walkways, decks, patios, porch steps, stoops, boundary walls, retaining walls, bulkheads, fences, landscaping (including but no limited to sodding, seeding, shrubs, trees, plants), off-site improvements, or any other improvements that are not part of the HOME. HOMEOWNER means the first person to whom a HOME (or unit in a multi-unit residential structure) is sold, or for whom such HOME is constructed, for occupancy by such person or such person’s family, and such person’s successors in title to the HOME and/ or mortgage in possession provided by a Subsequent Home Buyer Acknowledgment and Assignment for (PWC Form 302) is signed by the subsequent HOMEOWNER. POLLUTANTS means all solid, liquid, or gaseous irritants or contaminants. The term includes, but is not limited to, petroleum products, smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, radon gas, and waste materials, including materials to be recycled. PWC means Professional Warranty Service Corporation which administers the warranty program in which WE participate. As such, PWC assumes no other liabilities in connection with this BUILDER’S LIMITED WARRANTY. The PWC mailing address is: Professional Warranty Service Corporation P.O. Box 800 Annandale, VA 22003-0800 Edition July 2019 | 171