Senate File 43 - Introduced SENATE FILE 43 BY PETERSEN A BILL FOR An Act authorizing cities to require radon testing for single 1 family residences used as rental property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1279XS (3) 91 ll/js
S.F. 43 Section 1. Section 364.2, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7. a. A city may adopt and enforce an 3 ordinance requiring testing for radon as a condition for the 4 issuance of a new rental permit applied for on or after July 5 1, 2021, or the renewal of a rental permit that expired on or 6 after July 1, 2021, for a single family residence, as defined 7 in section 562A.6, used as a rental property. 8 b. If a city adopts or enforces an ordinance pursuant to 9 paragraph a , the following shall apply: 10 (1) The owner of the rental property must provide a copy of 11 all required radon test results to the city, in a manner set 12 forth by the city, and in accordance with this subsection. 13 (2) If a radon test result is less than four picocuries 14 per liter, the owner shall have the rental property retested 15 in eight years unless there is a habitable bedroom in the 16 basement, in which case the owner shall have the rental 17 property retested in four years. 18 (3) If a radon test result is equal to or greater than four 19 picocuries per liter, the owner shall have a radon mitigation 20 system installed and the rental property retested within ninety 21 days, unless the city provides an extension in writing for 22 good cause. After a radon mitigation system is installed, the 23 owner shall have the rental property retested every eight years 24 thereafter. 25 (4) If a rental property has an existing radon mitigation 26 system, the rental property shall be retested within eight 27 years of the date the last radon test was performed. 28 (5) A prior radon test will meet the requirements of this 29 subsection if the radon test was performed within two years of 30 the filing of the application for a new rental permit or within 31 two years of the expiration of the expired permit. The owner 32 shall have the rental property retested within eight years of 33 the date the prior radon test was performed. 34 c. For purposes of this subsection: 35 -1- LSB 1279XS (3) 91 ll/js 1/ 2
S.F. 43 (1) Radon mitigation system means a system designed to 1 mitigate the presence of radon in a building installed by a 2 person certified in accordance with chapter 136B. 3 (2) Radon test , testing for radon , or retested means a 4 test measuring the amount of radon present in the air performed 5 by a person certified in accordance with chapter 136B. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanations substance by the members of the general assembly. 9 This bill gives authority to cities to adopt or enforce 10 ordinances that require radon testing for a single family 11 residence when the owner applies for or renews a rental permit 12 with the city. A single family residence means a structure 13 maintained and used as a single dwelling unit, notwithstanding 14 that a dwelling unit generally shares one or more walls with 15 another dwelling unit and the structure has direct access to a 16 street or thoroughfare and shares neither heating facilities, 17 hot water equipment, nor any other essential facility or 18 service with another dwelling unit. 19 If a city adopts or enforces a radon testing ordinance for a 20 single family residence used as a rental property, the owner 21 of the rental property must provide to the city copies of the 22 test results performed by a person certified in accordance with 23 Code chapter 136B. The bill provides the time frame for an 24 owner to have a radon mitigation system installed in accordance 25 with Code chapter 136B if radon test results reach a specified 26 level, retesting requirements, and applicability of prior radon 27 test results when applying for or renewing rental permits with 28 a city. 29 -2- LSB 1279XS (3) 91 ll/js 2/ 2