H-4027.1  _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 2436

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By House Committee on Energy & Utilities (originally sponsored by Representative Zellinsky)

 

Read first time 02/04/94.

 

Revising provisions relating to radon testing.



    AN ACT Relating to radon testing in residential structures; and amending RCW 19.27.192.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 19.27.192 and 1992 c 132 s 1 are each amended to read as follows:

    (1) Beginning July 1, 1992, at the time of final inspection of a new single-family residence or each ground floor unit in a multifamily residential building, the building inspector shall deliver to each residence and each ground floor unit a ((three-month etched track radon measurement device that is listed on a current federal environmental protection agency radon measurement proficiency list.  Postage to the testing facility and the cost of testing and notification to the homeowner shall be included with the device.  The device, the instructions included with the device, and the instructions provided by the state building code council pursuant to subsection (2) of this section shall be placed in a conspicuous location)) preaddressed postage-prepaid postcard offering a free radon measurement device meeting the standards set forth in subsection (2) of this section.  In addition, if the federal environmental protection agency has published informational materials for homeowners concerning the risks associated with radon, a copy of the materials shall also be left for the owner or occupant.  The ((device)) card shall be provided to the building inspector by the local government.

    (2) The radon measurement device offered by a local government pursuant to subsection (1) of this section shall be a three-month etched track radon measurement device that is listed on a current federal environmental protection agency radon measurement proficiency list.  Postage to the testing facility, the cost of testing and notification to the homeowner or occupant, the instructions included with the device and the instructions provided by the state building code council pursuant to subsection (3) of this section shall be included with the device.

    (3) Not later than June 15, 1992, in consultation with the department of health and the Washington state association of building code officials, the state building code council shall:

    (a) Develop instructions for use by the owner or occupant on the proper means of installation, maintenance and removal of the radon measurement device provided for in subsection (1) of this section and distribute the instructions to all affected county and city building departments; and

    (b) Distribute to all affected county and city building departments the current federal environmental protection agency radon measurement proficiency list and known sources for the devices and the current federal environmental protection agency radon information materials for homeowners, if any.

    (((3))) (4) The owner or occupant of a new single-family residence or of a ground-floor unit in a multifamily residential building shall be responsible for returning the radon measurement device request card left by a building inspector pursuant to this section ((to the appropriate testing laboratory in accordance with the instructions left with the device by the building inspector)).

    (((4))) (5) The building inspector's approval of the final inspection on the final inspection record card shall be prima facie evidence that the building inspector left the radon measurement device ((and instructions)) request card as required by this section.

    (((5))) (6) The building inspector responsible for the final inspection, the building inspector's employer, and the county or city within which a single-family residence or multifamily residential building is located shall not be liable for injuries caused by:

    (a) The failure of the occupant or owner of the residence or building to request, properly install, monitor, or send a radon measurement device to the testing laboratory; or

    (b) Radon entering into any single-family residence or multifamily residential building.

    (((6))) (7) This section shall expire June 30, 1995.

 


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