HF 418 (LSB 2301YH (11) 86)

HOUSE FILE 418

BY  STAED

A BILL FOR

An Act relating to radon control and testing and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  103A.8D  Residential construction requirements and standards for radon control.

   The state building code commissioner shall adopt as a part of the state building code construction requirements and standards for radon control in new residential construction. The requirements and standards adopted by the commissioner shall be based upon the radon control method requirements of the international residential code published by the international code council, 2009 edition, appendix F. Notwithstanding any other provision of this chapter to the contrary, the construction requirements and standards for radon control adopted by the commissioner and approved by the council shall apply to new residential construction commenced on or after January 1, 2017, and shall supersede and replace any minimum requirements and standards for radon control in new residential construction adopted or enacted by a governmental subdivision prior to that date. The state building code commissioner may provide training to builders, contractors, and other interested persons on the construction requirements and standards for radon control in residential construction. A builder of a residence for resale shall install a passive radon mitigation system in the residence and shall notify the buyer of the residence that radon testing can be obtained for the residence. A builder of a residence for resale shall not represent to the buyer of the residence that a passive radon mitigation system will remediate the presence of radon.
    Sec. 2.  Section 103A.10, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Notwithstanding any other provision of this chapter to the contrary, the construction requirements and standards for radon control in new residential construction adopted by the commissioner and approved by the council shall apply to all new residential construction commenced on or after January 1, 2017, and shall supersede and replace any minimum requirements or standards for radon control in new residential construction adopted or enacted by the governmental subdivision prior to that date. A builder of a residence for resale shall not be liable for any claims related to radon control standards or requirements after the conveyance of the residence.
    Sec. 3.  Section 136B.1, subsections 2 and 3, Code 2015, are amended to read as follows:
   2.  The department shall establish programs and adopt rules for the certification of persons who test for the presence of radon gas and radon progeny in buildings, the credentialing of persons abating the level of radon in buildings, and standards for radon abatement systems.
   3.  Following the establishment of the certification and credentialing programs by the department, a person who is not certified, as appropriate, shall not test for the presence of radon gas and radon progeny, and a person who is not credentialed, as required, shall not perform abatement measures. This section does not apply to a person performing the testing or abatement on a building which the person owns, or to a person performing testing or abatement without compensation.
    Sec. 4.  Section 136B.2, Code 2015, is amended to read as follows:
   136B.2  Radon testing information —— disclosure.
   1.  a.  A person certified or credentialed pursuant to section 136B.1 shall, within thirty days of the provision of any radon testing services or abatement measures or at the request of the department prior to testing or abatement, disclose to the department the address or location of the building, the name of the owner of the building where the services or measures were or will be provided, and the results of any tests or abatement measures performed.  If a person providing a disclosure under this paragraph is compensated by a prospective purchaser, as described in paragraph “b”, for performing testing services, the person providing the disclosure shall also disclose to the department the name and address of the prospective purchaser. 
   b.  At the request of a prospective purchaser of a nonpublic building, a person certified or credentialed pursuant to section 136B.1 may, with the consent of the owner of the building, perform testing for the presence of radon gas on the building. A person performing testing under this paragraph shall, within thirty days of performance, disclose the results of the testing to the prospective purchaser. A person performing testing under this paragraph shall also disclose the results of testing to the owner of the nonpublic building, but shall only provide such a disclosure upon the explicit request of the owner of the building.
   b.  c.  A person shall not disclose to any other person, except to the department, the address or owner of a nonpublic building that the person tested for the presence of radon gas and radon progeny, unless the owner of the building waives, in writing, this right of confidentiality. Any test results disclosed shall be results of a test performed within the five years prior to the date of the disclosure.
   2.  a.  Notwithstanding the requirements of this section, disclosure to any person of the results of a test performed on a nonpublic building for the presence of radon gas and radon progeny is not required if the results do not exceed the currently established United States environmental protection agency action guidelines.
   b.  A person who tests a nonpublic building which the person owns is not required to disclose to any person the results of a test for the presence of radon gas or progeny if the test is performed by the person who owns the nonpublic building.
    Sec. 5.  Section 136B.3, Code 2015, is amended to read as follows:
   136B.3  Testing and reporting of radon level.

   The department or its duly authorized agents shall from time to time perform inspections and testing of the premises of a property to determine the level at which it is contaminated with radon gas or radon progeny as a spot-check of the validity of measurements or the adequacy of abatement measures performed by persons certified or credentialed under section 136B.1. Following testing the department shall provide the owner of the property and, if applicable, the prospective purchaser described in section 136B.2, subsection 1, paragraph “b”, with a written report of its results including the concentration of radon gas or radon progeny contamination present, an interpretation of the results, and recommendation of appropriate action.  However, the department shall not provide a written report to the owner of the property if the testing performed by a person certified or credentialed under section 136B.1 was conducted pursuant to section 136B.2, subsection 1, paragraph “b”, unless the owner requests that the department provide the owner with a written report. A person certified or credentialed under section 136B.1 shall also be advised of the department’s results, discrepancies revealed by the spot-check, actions required of the person, and actions the department intends to take with respect to the person’s continued certification or credentialing.
    Sec. 6.  Section 136B.4, Code 2015, is amended to read as follows:
   136B.4  Fees —— rules.
   1.  The department shall establish a fee schedule to defray the costs of and collect fees for the certification and credentialing programs established pursuant to section 136B.1 and the testing conducted and the written reports provided pursuant to section 136B.3.  Fees collected pursuant to this section shall be retained by the department and shall be considered repayment receipts as defined in section 8.2. Moneys collected from such fees shall be deposited in the radon education fund created in section 136B.7.
   2.  The department shall adopt rules, pursuant to chapter 17A, to implement this chapter.
    Sec. 7.  NEW SECTION.  136B.7  Radon education fund.
   1.  A radon education fund is created in the state treasury to be administered by the department of public health. The fund shall consist of all moneys deposited into the fund pursuant to section 136B.4.
   2.  Moneys in the fund shall be used by the department for educational purposes to promote awareness of and testing for radon and for carrying out the duties of the department pursuant to this chapter, including but not limited to the addition of full-time equivalent positions for program services and investigations.
   3.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires that the building code commissioner, with the approval of the building code advisory council, adopt requirements and standards for radon control in new residential construction. The bill provides that the standards shall supersede and replace any minimum radon control requirements and standards for new residential construction adopted by governmental subdivisions in Iowa. The bill requires that the requirements and standards be mandatory for all new residential construction beginning on or after January 1, 2017, and requires builders of residences for resale to install a passive radon mitigation system in such a residence.
   Any person who fails to comply with an order to remedy any condition in violation of the adopted requirements and standards within 30 days after service or within the time fixed for compliance, whichever is longer, shall be guilty of a simple misdemeanor pursuant to Code section 103A.21. Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building or structure who knowingly violates such requirements and standards shall also be guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The bill also provides that a person certified or credentialed pursuant to Code section 136B.1 may, with the consent of the owner of the building, perform testing for the presence of radon gas on a nonpublic building at the request of a prospective purchaser. The bill requires that a person performing such testing disclose the results of the testing to the prospective purchaser within 30 days and disclose the results of testing to the owner of the nonpublic building, but only if the owner of the building has explicitly requested the disclosure. The bill also includes additional provisions related to corresponding disclosure requirements.
   The bill creates a radon education fund to be administered by the department of public health to be used by the department to provide radon program education. The bill provides that certain fees collected by the department be deposited into this fund.