Bill Text: IA SF399 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to radon control and making penalties applicable. (Formerly SSB 1122.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-04-02 - Referred to State Government. S.J. 769. [SF399 Detail]

Download: Iowa-2015-SF399-Introduced.html

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Senate File 399 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     1122)

                                      A BILL FOR

  1 An Act relating to radon control and making penalties
  2    applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1995SV (2) 86
    aw/sc

PAG LIN



  1  1    Section 1.  NEW SECTION.  103A.8D  Residential construction
  1  2 requirements and standards for radon control.
  1  3    The state building code commissioner shall adopt as a part
  1  4 of the state building code construction requirements and
  1  5 standards for radon control in new residential construction.
  1  6 The requirements and standards adopted by the commissioner
  1  7 shall be based upon the radon control method requirements of
  1  8 the most recent international residential code published by
  1  9 the international code council. Notwithstanding any other
  1 10 provision of this chapter to the contrary, the construction
  1 11 requirements and standards for radon control adopted by the
  1 12 commissioner and approved by the council shall apply to new
  1 13 residential construction commenced on or after January 1, 2017,
  1 14 and shall supersede and replace any minimum requirements and
  1 15 standards for radon control in new residential construction
  1 16 adopted or enacted by a governmental subdivision prior to
  1 17 that date.  The state building code commissioner may provide
  1 18 training to builders, contractors, and other interested persons
  1 19 on the construction requirements and standards for radon
  1 20 control in residential construction. A builder of a residence
  1 21 for resale shall install a passive radon mitigation system in
  1 22 the residence and shall notify the buyer of the residence that
  1 23 radon testing can be obtained for the residence.  A builder of
  1 24 a residence for resale shall not represent to the buyer of the
  1 25 residence that a passive radon mitigation system will remediate
  1 26 the presence of radon.
  1 27    Sec. 2.  Section 103A.10, Code 2015, is amended by adding the
  1 28 following new subsection:
  1 29    NEW SUBSECTION.  6.  Notwithstanding any other provision of
  1 30 this chapter to the contrary, the construction requirements and
  1 31 standards for radon control in new residential construction
  1 32 adopted by the commissioner and approved by the council shall
  1 33 apply to all new residential construction commenced on or after
  1 34 January 1, 2017, and shall supersede and replace any minimum
  1 35 requirements or standards for radon control in new residential
  2  1 construction adopted or enacted by the governmental subdivision
  2  2 prior to that date. A builder of a residence for resale shall
  2  3 not be liable for any claims related to radon control standards
  2  4 or requirements after the conveyance of the residence.
  2  5    Sec. 3.  Section 136B.1, subsections 2 and 3, Code 2015, are
  2  6 amended to read as follows:
  2  7    2.  The department shall establish programs and adopt rules
  2  8 for the certification of persons who test for the presence of
  2  9 radon gas and radon progeny in buildings, the credentialing of
  2 10 persons abating the level of radon in buildings, and standards
  2 11 for radon abatement systems.
  2 12    3.  Following the establishment of the certification
  2 13 and credentialing programs by the department, a person who
  2 14 is not certified, as appropriate, shall not test for the
  2 15 presence of radon gas and radon progeny, and a person who is
  2 16 not credentialed, as required, shall not perform abatement
  2 17 measures. This section does not apply to a person performing
  2 18 the testing or abatement on a building which the person
  2 19 owns, or to a person performing testing or abatement without
  2 20 compensation.
  2 21    Sec. 4.  Section 136B.2, subsection 1, paragraph b, Code
  2 22 2015, is amended to read as follows:
  2 23    b.  A person shall not disclose to any other person, except
  2 24 to the department, the address or owner of a nonpublic building
  2 25 that the person tested for the presence of radon gas and radon
  2 26 progeny, unless the owner of the building waives, in writing,
  2 27 this right of confidentiality. Any test results disclosed
  2 28 shall be results of a test performed within the five years
  2 29 prior to the date of the disclosure.
  2 30    Sec. 5.  Section 136B.2, subsection 2, Code 2015, is amended
  2 31 to read as follows:
  2 32    2.  a.  Notwithstanding the requirements of this section,
  2 33 disclosure to any person of the results of a test performed
  2 34 on a nonpublic building for the presence of radon gas and
  2 35 radon progeny is not required if the results do not exceed the
  3  1 currently established United States environmental protection
  3  2 agency action guidelines.
  3  3    b.  A person who tests a nonpublic building which the person
  3  4 owns is not required to disclose to any person the results of
  3  5 a test for the presence of radon gas or progeny if the test is
  3  6 performed by the person who owns the nonpublic building.
  3  7    Sec. 6.  Section 136B.3, Code 2015, is amended to read as
  3  8 follows:
  3  9    136B.3  Testing and reporting of radon level.
  3 10    The department or its duly authorized agents shall from time
  3 11 to time perform inspections and testing of the premises of a
  3 12 property to determine the level at which it is contaminated
  3 13 with radon gas or radon progeny as a spot=check of the validity
  3 14 of measurements or the adequacy of abatement measures performed
  3 15 by persons certified or credentialed under section 136B.1.
  3 16 Following testing the department shall provide the owner of
  3 17 the property with a written report of its results including
  3 18 the concentration of radon gas or radon progeny contamination
  3 19 present, an interpretation of the results, and recommendation
  3 20 of appropriate action. A person certified or credentialed
  3 21 under section 136B.1 shall also be advised of the department's
  3 22 results, discrepancies revealed by the spot=check, actions
  3 23 required of the person, and actions the department intends to
  3 24 take with respect to the person's continued certification or
  3 25 credentialing.
  3 26    Sec. 7.  Section 136B.4, Code 2015, is amended to read as
  3 27 follows:
  3 28    136B.4  Fees ==== rules.
  3 29    1.  The department shall establish a fee schedule to
  3 30 defray the costs of and collect fees for the certification
  3 31 and credentialing programs established pursuant to section
  3 32 136B.1 and the testing conducted and the written reports
  3 33 provided pursuant to section 136B.3.  Fees collected pursuant
  3 34 to this section shall be retained by the department and
  3 35 shall be considered repayment receipts as defined in section
  4  1 8.2 and shall be used for the purposes described in this
  4  2 section, including but not limited to the addition of full=time
  4  3 equivalent positions for program services and investigations.
  4  4    2.  The department shall adopt rules, pursuant to chapter
  4  5 17A, to implement this chapter.
  4  6    Sec. 8.  TRANSFERS.
  4  7    1.  For each fiscal year of the period beginning July 1,
  4  8 2015, and ending June 30, 2017, the department of public health
  4  9 shall provide for transfers of fees collected under section
  4 10 136B.4, as enacted in this Act, to reimburse the office of the
  4 11 state building code commissioner in the department of public
  4 12 safety for the actual costs of implementing and administering
  4 13 this Act, up to $100,000.
  4 14    2.  Notwithstanding any provisions of section 8.39 to the
  4 15 contrary, if the transfer of fees pursuant to subsection 1 for
  4 16 each fiscal year of the period beginning July 1, 2015, and
  4 17 ending June 30, 2017, are insufficient to reimburse the office
  4 18 of the state building code commissioner for the actual costs,
  4 19 up to $100,000, of implementing and administering this Act, the
  4 20 department of public health shall provide for the transfer from
  4 21 funds appropriated to the department of public health of an
  4 22 amount equal to the difference between $100,000 and the amount
  4 23 transferred pursuant to subsection 1.
  4 24                           EXPLANATION
  4 25 The inclusion of this explanation does not constitute agreement with
  4 26 the explanation's substance by the members of the general assembly.
  4 27    This bill requires that the building code commissioner,
  4 28 with the approval of the building code advisory council, adopt
  4 29 requirements and standards for radon control in new residential
  4 30 construction. The bill provides that the standards shall
  4 31 supersede and replace any minimum radon control requirements
  4 32 and standards for new residential construction adopted by
  4 33 governmental subdivisions in Iowa. The bill requires that
  4 34 the requirements and standards be mandatory for all new
  4 35 residential construction beginning on or after January 1, 2017.
  5  1 The bill also includes certain installation and notification
  5  2 requirements for builders of residences for resale and limits
  5  3 a builder's liability following the conveyance of such a
  5  4 residence.
  5  5    Any person who fails to comply with an order to remedy
  5  6 any condition in violation of the adopted requirements and
  5  7 standards within 30 days after service or within the time
  5  8 fixed for compliance, whichever is longer, shall be guilty of
  5  9 a simple misdemeanor pursuant to Code section 103A.21. Any
  5 10 owner, builder, architect, tenant, contractor, subcontractor,
  5 11 construction superintendent or their agents, or any other
  5 12 person taking part or assisting in the construction or use
  5 13 of any building or structure who knowingly violates such
  5 14 requirements and standards shall also be guilty of a simple
  5 15 misdemeanor. A simple misdemeanor is punishable by confinement
  5 16 for no more than 30 days or a fine of at least $65 but not more
  5 17 than $625 or by both.
  5 18    The bill strikes references to radon progeny in the Iowa
  5 19 Code, provides that fees collected by the department of public
  5 20 health for radon programs and testing be retained by the
  5 21 department, and provides for certain transfers of moneys from
  5 22 the department of public health to the office of the state
  5 23 building code commissioner.
       LSB 1995SV (2) 86
       aw/sc