S.F. 399 Section 1. NEW SECTION . 103A.8D Residential construction 1 requirements and standards for radon control. 2 The state building code commissioner shall adopt as a part 3 of the state building code construction requirements and 4 standards for radon control in new residential construction. 5 The requirements and standards adopted by the commissioner 6 shall be based upon the radon control method requirements of 7 the most recent international residential code published by 8 the international code council. Notwithstanding any other 9 provision of this chapter to the contrary, the construction 10 requirements and standards for radon control adopted by the 11 commissioner and approved by the council shall apply to new 12 residential construction commenced on or after January 1, 2017, 13 and shall supersede and replace any minimum requirements and 14 standards for radon control in new residential construction 15 adopted or enacted by a governmental subdivision prior to 16 that date. The state building code commissioner may provide 17 training to builders, contractors, and other interested persons 18 on the construction requirements and standards for radon 19 control in residential construction. A builder of a residence 20 for resale shall install a passive radon mitigation system in 21 the residence and shall notify the buyer of the residence that 22 radon testing can be obtained for the residence. A builder of 23 a residence for resale shall not represent to the buyer of the 24 residence that a passive radon mitigation system will remediate 25 the presence of radon. 26 Sec. 2. Section 103A.10, Code 2015, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 6. Notwithstanding any other provision of 29 this chapter to the contrary, the construction requirements and 30 standards for radon control in new residential construction 31 adopted by the commissioner and approved by the council shall 32 apply to all new residential construction commenced on or after 33 January 1, 2017, and shall supersede and replace any minimum 34 requirements or standards for radon control in new residential 35 -1- LSB 1995SV (2) 86 aw/sc 1/ 5

S.F. 399 construction adopted or enacted by the governmental subdivision 1 prior to that date. A builder of a residence for resale shall 2 not be liable for any claims related to radon control standards 3 or requirements after the conveyance of the residence. 4 Sec. 3. Section 136B.1, subsections 2 and 3, Code 2015, are 5 amended to read as follows: 6 2. The department shall establish programs and adopt rules 7 for the certification of persons who test for the presence of 8 radon gas and radon progeny in buildings, the credentialing of 9 persons abating the level of radon in buildings, and standards 10 for radon abatement systems. 11 3. Following the establishment of the certification 12 and credentialing programs by the department, a person who 13 is not certified, as appropriate, shall not test for the 14 presence of radon gas and radon progeny , and a person who is 15 not credentialed, as required, shall not perform abatement 16 measures. This section does not apply to a person performing 17 the testing or abatement on a building which the person 18 owns, or to a person performing testing or abatement without 19 compensation. 20 Sec. 4. Section 136B.2, subsection 1, paragraph b, Code 21 2015, is amended to read as follows: 22 b. A person shall not disclose to any other person, except 23 to the department, the address or owner of a nonpublic building 24 that the person tested for the presence of radon gas and radon 25 progeny , unless the owner of the building waives, in writing, 26 this right of confidentiality. Any test results disclosed 27 shall be results of a test performed within the five years 28 prior to the date of the disclosure. 29 Sec. 5. Section 136B.2, subsection 2, Code 2015, is amended 30 to read as follows: 31 2. a. Notwithstanding the requirements of this section , 32 disclosure to any person of the results of a test performed 33 on a nonpublic building for the presence of radon gas and 34 radon progeny is not required if the results do not exceed the 35 -2- LSB 1995SV (2) 86 aw/sc 2/ 5

S.F. 399 currently established United States environmental protection 1 agency action guidelines. 2 b. A person who tests a nonpublic building which the person 3 owns is not required to disclose to any person the results of 4 a test for the presence of radon gas or progeny if the test is 5 performed by the person who owns the nonpublic building. 6 Sec. 6. Section 136B.3, Code 2015, is amended to read as 7 follows: 8 136B.3 Testing and reporting of radon level. 9 The department or its duly authorized agents shall from time 10 to time perform inspections and testing of the premises of a 11 property to determine the level at which it is contaminated 12 with radon gas or radon progeny as a spot-check of the validity 13 of measurements or the adequacy of abatement measures performed 14 by persons certified or credentialed under section 136B.1 . 15 Following testing the department shall provide the owner of 16 the property with a written report of its results including 17 the concentration of radon gas or radon progeny contamination 18 present, an interpretation of the results, and recommendation 19 of appropriate action. A person certified or credentialed 20 under section 136B.1 shall also be advised of the department’s 21 results, discrepancies revealed by the spot-check, actions 22 required of the person, and actions the department intends to 23 take with respect to the person’s continued certification or 24 credentialing. 25 Sec. 7. Section 136B.4, Code 2015, is amended to read as 26 follows: 27 136B.4 Fees —— rules. 28 1. The department shall establish a fee schedule to 29 defray the costs of and collect fees for the certification 30 and credentialing programs established pursuant to section 31 136B.1 and the testing conducted and the written reports 32 provided pursuant to section 136B.3 . Fees collected pursuant 33 to this section shall be retained by the department and 34 shall be considered repayment receipts as defined in section 35 -3- LSB 1995SV (2) 86 aw/sc 3/ 5

S.F. 399 8.2 and shall be used for the purposes described in this 1 section, including but not limited to the addition of full-time 2 equivalent positions for program services and investigations. 3 2. The department shall adopt rules, pursuant to chapter 4 17A , to implement this chapter . 5 Sec. 8. TRANSFERS. 6 1. For each fiscal year of the period beginning July 1, 7 2015, and ending June 30, 2017, the department of public health 8 shall provide for transfers of fees collected under section 9 136B.4, as enacted in this Act, to reimburse the office of the 10 state building code commissioner in the department of public 11 safety for the actual costs of implementing and administering 12 this Act, up to $100,000. 13 2. Notwithstanding any provisions of section 8.39 to the 14 contrary, if the transfer of fees pursuant to subsection 1 for 15 each fiscal year of the period beginning July 1, 2015, and 16 ending June 30, 2017, are insufficient to reimburse the office 17 of the state building code commissioner for the actual costs, 18 up to $100,000, of implementing and administering this Act, the 19 department of public health shall provide for the transfer from 20 funds appropriated to the department of public health of an 21 amount equal to the difference between $100,000 and the amount 22 transferred pursuant to subsection 1. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill requires that the building code commissioner, 27 with the approval of the building code advisory council, adopt 28 requirements and standards for radon control in new residential 29 construction. The bill provides that the standards shall 30 supersede and replace any minimum radon control requirements 31 and standards for new residential construction adopted by 32 governmental subdivisions in Iowa. The bill requires that 33 the requirements and standards be mandatory for all new 34 residential construction beginning on or after January 1, 2017. 35 -4- LSB 1995SV (2) 86 aw/sc 4/ 5

S.F. 399 The bill also includes certain installation and notification 1 requirements for builders of residences for resale and limits 2 a builder’s liability following the conveyance of such a 3 residence. 4 Any person who fails to comply with an order to remedy 5 any condition in violation of the adopted requirements and 6 standards within 30 days after service or within the time 7 fixed for compliance, whichever is longer, shall be guilty of 8 a simple misdemeanor pursuant to Code section 103A.21. Any 9 owner, builder, architect, tenant, contractor, subcontractor, 10 construction superintendent or their agents, or any other 11 person taking part or assisting in the construction or use 12 of any building or structure who knowingly violates such 13 requirements and standards shall also be guilty of a simple 14 misdemeanor. A simple misdemeanor is punishable by confinement 15 for no more than 30 days or a fine of at least $65 but not more 16 than $625 or by both. 17 The bill strikes references to radon progeny in the Iowa 18 Code, provides that fees collected by the department of public 19 health for radon programs and testing be retained by the 20 department, and provides for certain transfers of moneys from 21 the department of public health to the office of the state 22 building code commissioner. 23 -5- LSB 1995SV (2) 86 aw/sc 5/ 5