Bill Text: IA SSB1122 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to radon control and making penalties applicable.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-04 - Voted - State Government. [SSB1122 Detail]
Download: Iowa-2015-SSB1122-Introduced.html
Senate
Study
Bill
1122
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
radon
control
and
making
penalties
1
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1995XC
(2)
86
aw/sc
S.F.
_____
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
1995XC
(2)
86
aw/sc
1/
5
S.F.
_____
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
1995XC
(2)
86
aw/sc
2/
5
S.F.
_____
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
1995XC
(2)
86
aw/sc
3/
5
S.F.
_____
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
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
requires
that
the
building
code
commissioner,
9
with
the
approval
of
the
building
code
advisory
council,
adopt
10
requirements
and
standards
for
radon
control
in
new
residential
11
construction.
The
bill
provides
that
the
standards
shall
12
supersede
and
replace
any
minimum
radon
control
requirements
13
and
standards
for
new
residential
construction
adopted
by
14
governmental
subdivisions
in
Iowa.
The
bill
requires
that
15
the
requirements
and
standards
be
mandatory
for
all
new
16
residential
construction
beginning
on
or
after
January
1,
2017.
17
The
bill
also
includes
certain
installation
and
notification
18
requirements
for
builders
of
residences
for
resale
and
limits
19
a
builder’s
liability
following
the
conveyance
of
such
a
20
residence.
21
Any
person
who
fails
to
comply
with
an
order
to
remedy
22
any
condition
in
violation
of
the
adopted
requirements
and
23
standards
within
30
days
after
service
or
within
the
time
24
fixed
for
compliance,
whichever
is
longer,
shall
be
guilty
of
25
a
simple
misdemeanor
pursuant
to
Code
section
103A.21.
Any
26
owner,
builder,
architect,
tenant,
contractor,
subcontractor,
27
construction
superintendent
or
their
agents,
or
any
other
28
person
taking
part
or
assisting
in
the
construction
or
use
29
of
any
building
or
structure
who
knowingly
violates
such
30
requirements
and
standards
shall
also
be
guilty
of
a
simple
31
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
32
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
33
than
$625
or
by
both.
34
The
bill
strikes
references
to
radon
progeny
in
the
Iowa
35
-4-
LSB
1995XC
(2)
86
aw/sc
4/
5