_______________________________________________
SUBSTITUTE
SENATE BILL 6386
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Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92.Providing for radon testing in residences.
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.
