S-3968

AN ACT Relating to radon testing required by the state building code council; amending RCW 4.24.560; adding a new section to chapter 19.27 RCW; and declaring an emergency.

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) 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. The device shall be provided to the building inspector by the local government.

(2) 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.

(3) The owner of a new single-family residence or of a multifamily residential building shall be responsible for returning the radon measurement device 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) 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 as required by this section.

(5) 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 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) This section shall expire June 30, 1995.

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 requirements adopted under RCW 19.27.190.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.