H-2277.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1535
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State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Energy & Utilities (originally sponsored by Representatives Cooper, Horn, Grant, May, R. Meyers, Hochstatter and Orr).
Read first time March 6, 1991.
AN ACT Relating to radon testing required by the state building code council; amending RCW 4.24.560; and adding new sections to chapter 19.27 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 19.27 RCW to read as follows:
(1) A radon measurement device that is listed on a current federal environmental protection agency radon measurement proficiency list shall be provided by the local government and delivered by the building inspector at the time of final inspection of all new single-family residences and ground floor units in multifamily residential buildings, regardless of the number of units.
(2) The state building code council, in consultation with the department of health, and the Washington state association of building code officials, shall 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. Instructions shall be distributed by the council to all affected county and city building departments no later than June 15, 1991, and shall accompany the device when provided by the inspector. Local building officials shall also be provided with the current federal environmental protection agency radon measurement proficiency list and known sources for the devices. The instructions included with each radon measurement device shall be placed in a conspicuous location in all single-family residences and shall be given to the owner of a multifamily residential building.
(3) It is the responsibility of the owner of a new single-family residence or a multifamily residential building to return the radon measurement device to the appropriate testing laboratory in accordance with the instructions provided with the device.
Sec. 2. RCW 4.24.560 and 1990 c 2 s 8 are each amended to read as follows:
It is a defense in a civil action brought for damages for injury caused by indoor air pollutants in a residential structure on which construction was begun on or after July 1, 1991, that the builder or design professional complied in good faith, without negligence or misconduct, with:
(1) Building product safety standards, including labeling;
(2) Restrictions on the use of building materials known or believed to contain substances that contribute to indoor air pollution; and
(3) The ventilation and radon resistive construction and testing requirements adopted under RCW 19.27.190.
NEW SECTION. Sec. 3. A new section is added to chapter 19.27 RCW to read as follows:
At the time of the final inspection, county and city building inspectors shall leave in a conspicuous location a radon measurement device and instructions in all new single-family and ground floor units of multifamily buildings, regardless of the number of units. Acknowledgement by the local building inspector on the final inspection form of having left the radon measurement device shall exempt the building inspector and the county or city from liability. Neither the local building inspector nor the county or city within which such building is located, shall be liable for the failure of the occupant to properly install, monitor, or send the device to a certified laboratory, nor for radon related problems associated with such residences.