H.F. 418 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 of 3 the state building code construction requirements and standards 4 for radon control in new residential construction. The 5 requirements and standards adopted by the commissioner shall 6 be based upon the radon control method requirements of the 7 international residential code published by the international 8 code council, 2009 edition, appendix F. Notwithstanding 9 any other provision of this chapter to the contrary, the 10 construction requirements and standards for radon control 11 adopted by the commissioner and approved by the council shall 12 apply to new residential construction commenced on or after 13 January 1, 2017, and shall supersede and replace any minimum 14 requirements and standards for radon control in new residential 15 construction adopted or enacted by a governmental subdivision 16 prior to that date. The state building code commissioner may 17 provide training to builders, contractors, and other interested 18 persons on the construction requirements and standards for 19 radon control in residential construction. A builder of a 20 residence for resale shall install a passive radon mitigation 21 system in the residence and shall notify the buyer of the 22 residence that radon testing can be obtained for the residence. 23 A builder of a residence for resale shall not represent to the 24 buyer of the residence that a passive radon mitigation system 25 will remediate 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 2301YH (11) 86 aw/sc 1/ 6

H.F. 418 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, Code 2015, is amended to read as 21 follows: 22 136B.2 Radon testing information —— disclosure. 23 1. a. A person certified or credentialed pursuant to 24 section 136B.1 shall, within thirty days of the provision 25 of any radon testing services or abatement measures or at 26 the request of the department prior to testing or abatement, 27 disclose to the department the address or location of the 28 building, the name of the owner of the building where the 29 services or measures were or will be provided, and the results 30 of any tests or abatement measures performed. If a person 31 providing a disclosure under this paragraph is compensated 32 by a prospective purchaser, as described in paragraph “b” , 33 for performing testing services, the person providing the 34 disclosure shall also disclose to the department the name and 35 -2- LSB 2301YH (11) 86 aw/sc 2/ 6

H.F. 418 address of the prospective purchaser. 1 b. At the request of a prospective purchaser of a nonpublic 2 building, a person certified or credentialed pursuant to 3 section 136B.1 may, with the consent of the owner of the 4 building, perform testing for the presence of radon gas on the 5 building. A person performing testing under this paragraph 6 shall, within thirty days of performance, disclose the 7 results of the testing to the prospective purchaser. A person 8 performing testing under this paragraph shall also disclose the 9 results of testing to the owner of the nonpublic building, but 10 shall only provide such a disclosure upon the explicit request 11 of the owner of the building. 12 b. c. A person shall not disclose to any other person, 13 except to the department, the address or owner of a nonpublic 14 building that the person tested for the presence of radon gas 15 and radon progeny, unless the owner of the building waives, 16 in writing, this right of confidentiality. Any test results 17 disclosed shall be results of a test performed within the five 18 years prior to the date of the disclosure. 19 2. a. Notwithstanding the requirements of this section , 20 disclosure to any person of the results of a test performed 21 on a nonpublic building for the presence of radon gas and 22 radon progeny is not required if the results do not exceed the 23 currently established United States environmental protection 24 agency action guidelines. 25 b. A person who tests a nonpublic building which the person 26 owns is not required to disclose to any person the results of 27 a test for the presence of radon gas or progeny if the test is 28 performed by the person who owns the nonpublic building. 29 Sec. 5. Section 136B.3, Code 2015, is amended to read as 30 follows: 31 136B.3 Testing and reporting of radon level. 32 The department or its duly authorized agents shall from time 33 to time perform inspections and testing of the premises of a 34 property to determine the level at which it is contaminated 35 -3- LSB 2301YH (11) 86 aw/sc 3/ 6

H.F. 418 with radon gas or radon progeny as a spot-check of the 1 validity of measurements or the adequacy of abatement measures 2 performed by persons certified or credentialed under section 3 136B.1 . Following testing the department shall provide the 4 owner of the property and, if applicable, the prospective 5 purchaser described in section 136B.2, subsection 1, paragraph 6 “b” , with a written report of its results including the 7 concentration of radon gas or radon progeny contamination 8 present, an interpretation of the results, and recommendation 9 of appropriate action. However, the department shall not 10 provide a written report to the owner of the property if the 11 testing performed by a person certified or credentialed under 12 section 136B.1 was conducted pursuant to section 136B.2, 13 subsection 1, paragraph “b” , unless the owner requests that the 14 department provide the owner with a written report. A person 15 certified or credentialed under section 136B.1 shall also be 16 advised of the department’s results, discrepancies revealed by 17 the spot-check, actions required of the person, and actions 18 the department intends to take with respect to the person’s 19 continued certification or credentialing. 20 Sec. 6. Section 136B.4, Code 2015, is amended to read as 21 follows: 22 136B.4 Fees —— rules. 23 1. The department shall establish a fee schedule to 24 defray the costs of and collect fees for the certification 25 and credentialing programs established pursuant to section 26 136B.1 and the testing conducted and the written reports 27 provided pursuant to section 136B.3 . Fees collected pursuant 28 to this section shall be retained by the department and shall 29 be considered repayment receipts as defined in section 8.2. 30 Moneys collected from such fees shall be deposited in the radon 31 education fund created in section 136B.7. 32 2. The department shall adopt rules, pursuant to chapter 33 17A , to implement this chapter . 34 Sec. 7. NEW SECTION . 136B.7 Radon education fund. 35 -4- LSB 2301YH (11) 86 aw/sc 4/ 6

H.F. 418 1. A radon education fund is created in the state treasury 1 to be administered by the department of public health. The 2 fund shall consist of all moneys deposited into the fund 3 pursuant to section 136B.4. 4 2. Moneys in the fund shall be used by the department 5 for educational purposes to promote awareness of and testing 6 for radon and for carrying out the duties of the department 7 pursuant to this chapter, including but not limited to the 8 addition of full-time equivalent positions for program services 9 and investigations. 10 3. Notwithstanding section 12C.7, subsection 2, interest or 11 earnings on moneys in the fund shall be credited to the fund. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill requires that the building code commissioner, 16 with the approval of the building code advisory council, adopt 17 requirements and standards for radon control in new residential 18 construction. The bill provides that the standards shall 19 supersede and replace any minimum radon control requirements 20 and standards for new residential construction adopted by 21 governmental subdivisions in Iowa. The bill requires that the 22 requirements and standards be mandatory for all new residential 23 construction beginning on or after January 1, 2017, and 24 requires builders of residences for resale to install a passive 25 radon mitigation system in such a residence. 26 Any person who fails to comply with an order to remedy 27 any condition in violation of the adopted requirements and 28 standards within 30 days after service or within the time 29 fixed for compliance, whichever is longer, shall be guilty of 30 a simple misdemeanor pursuant to Code section 103A.21. Any 31 owner, builder, architect, tenant, contractor, subcontractor, 32 construction superintendent or their agents, or any other 33 person taking part or assisting in the construction or use 34 of any building or structure who knowingly violates such 35 -5- LSB 2301YH (11) 86 aw/sc 5/ 6

H.F. 418 requirements and standards shall also be guilty of a simple 1 misdemeanor. A simple misdemeanor is punishable by confinement 2 for no more than 30 days or a fine of at least $65 but not more 3 than $625 or by both. 4 The bill also provides that a person certified or 5 credentialed pursuant to Code section 136B.1 may, with the 6 consent of the owner of the building, perform testing for the 7 presence of radon gas on a nonpublic building at the request 8 of a prospective purchaser. The bill requires that a person 9 performing such testing disclose the results of the testing 10 to the prospective purchaser within 30 days and disclose the 11 results of testing to the owner of the nonpublic building, but 12 only if the owner of the building has explicitly requested 13 the disclosure. The bill also includes additional provisions 14 related to corresponding disclosure requirements. 15 The bill creates a radon education fund to be administered by 16 the department of public health to be used by the department 17 to provide radon program education. The bill provides that 18 certain fees collected by the department be deposited into this 19 fund. 20 -6- LSB 2301YH (11) 86 aw/sc 6/ 6