75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1025

Sponsored by Senator DINGFELDER; Senators BATES, BONAMICI,
  BURDICK, EDWARDS, HASS, MONNES ANDERSON, MONROE, ROSENBAUM,
  SCHRADER, SHIELDS, VERGER, Representatives BUCKLEY, CANNON,
  DEMBROW, HOLVEY, NATHANSON, RILEY, ROBLAN, STIEGLER, TOMEI,
  WINGARD (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to radon in buildings; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2010 Act is added to and made
a part of ORS chapter 455. + }
  SECTION 2.  { + (1) The Building Codes Structures Board and the
Residential and Manufactured Structures Board shall adopt design
and construction standards for mitigating radon levels in new
residential buildings that are identified under the structural
specialty code as Group R-2 or R-3 buildings and new public
buildings. In adopting the standards, the boards shall give
consideration to any standards recommended by the United States
Environmental Protection Agency for radon mitigation systems in
buildings.
  (2) The boards shall make the design and construction standards
for mitigating radon levels applicable in:
  (a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington
and Yamhill Counties; and
  (b) Any county for which the boards, after consultation with
the Oregon Health Authority, consider the standards appropriate
due to local radon levels.
  (3) The Director of the Department of Consumer and Business
Services may authorize a municipality that administers and
enforces one or more building inspection programs under ORS
455.148 or 455.150 to also administer and enforce any applicable
standards for mitigating radon that are adopted by the boards.
  (4) The director, in consultation with the boards, may adopt
rules for the implementation, administration and enforcement of
this section. + }
  SECTION 3.  { + (1) The Real Estate Agency shall provide
information to alert potential buyers of one and two family
dwellings to issues concerning radon in the dwellings. The
information may include, but need not be limited to, radon hazard
potential and methods of testing for and mitigating radon. The
agency may collaborate with public or private entities to provide
the information.
  (2) The agency shall place the information described in
subsection (1) of this section on the agency's website and make
printed copies of the information available to the public. The

Enrolled Senate Bill 1025 (SB 1025-A)                      Page 1

agency may charge a reasonable fee for providing a printed copy
of the information.
  (3) The agency shall encourage public and private entities
dealing with potential buyers of one and two family dwellings to
post the information described in subsection (1) of this section
on entity websites and to assist in making printed copies of the
information available to the public. + }
  SECTION 4.  { + (1) The Building Codes Structures Board and the
Residential and Manufactured Structures Board shall adopt design
and construction standards under section 2 of this 2010 Act no
later than January 1, 2011.
  (2) The Department of Consumer and Business Services shall make
the standards adopted by the boards under section 2 of this 2010
Act applicable to Group R-2 and R-3 new residential buildings for
which initial building permits are issued on or after April 1,
2011, and to new public buildings for which initial building
permits are issued on or after April 1, 2013. + }
  SECTION 5. { +  The Real Estate Agency shall initially make the
information described in section 3 of this 2010 Act available on
the agency's website and as printed copies no later than January
1, 2011. + }
  SECTION 6.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by Senate February 16, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 22, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 1025 (SB 1025-A)                      Page 2

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 1025 (SB 1025-A)                      Page 3