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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0599 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002105 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- RADON CONTROL |
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| 16 | 16 | | Introduced By: Senators Burke, Gu, DiMario, Euer, Lombardo, McKenney, and Kallman |
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| 17 | 17 | | Date Introduced: March 07, 2023 |
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| 18 | 18 | | Referred To: Senate Housing & Municipal Government |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 23-61-2, 23-61-3 and 23-61-4 of the General Laws in Chapter 23-1 |
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| 23 | 23 | | 61 entitled "Radon Control" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 23-61-2. Declaration of purpose. 3 |
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| 25 | 25 | | The purpose of this chapter is to protect the public health and public interest by establishing 4 |
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| 26 | 26 | | a comprehensive program to reduce exposure to radon/radon progeny levels in public and high 5 |
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| 27 | 27 | | priority buildings and to ensure that all radon/radon progeny mitigation activity in these buildings 6 |
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| 28 | 28 | | is conducted only by appropriately trained and licensed/certified personnel. The goal of this chapter 7 |
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| 29 | 29 | | is to reduce the incidence of lung cancer due to radon/radon progeny exposure in Rhode Island to 8 |
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| 30 | 30 | | the greatest extent feasible. This chapter is extended to include radon testing and radon progeny 9 |
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| 31 | 31 | | mitigation activity of rental dwelling units. 10 |
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| 32 | 32 | | 23-61-3. Definitions. 11 |
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| 33 | 33 | | For purposes of this chapter: 12 |
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| 34 | 34 | | (1) “Department” means the state department of health. 13 |
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| 35 | 35 | | (2) “Director” means the director of health. 14 |
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| 36 | 36 | | (3) “Dwelling unit” means a structure or part thereof designed/intended for use as a 15 |
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| 37 | 37 | | residence or sleeping place by one or more persons. 16 |
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| 38 | 38 | | (4) “High priority building” means any public building or public, private and/or parochial 17 |
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| 39 | 39 | | schools (grades pre-K to 12), day care centers, and nurseries. 18 |
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| 40 | 40 | | 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002105 - Page 2 of 7 |
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| 44 | 44 | | (5) “Landlord” means an owner, lessor, sublessor, also the manager of the premises who 1 |
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| 45 | 45 | | does not disclose the name, address, and phone number of the owner or person authorized to 2 |
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| 46 | 46 | | represent the owner. 3 |
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| 47 | 47 | | (4)(6) “New construction” means any erection of a building, structure or part thereof not 4 |
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| 48 | 48 | | defined as a renovation for the purposes of this chapter. 5 |
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| 49 | 49 | | (5)(7) “Owner” means the person having legal title to property and/or buildings. For 6 |
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| 50 | 50 | | purposes of publicly owned property only, the owner shall be defined to be the chief executive 7 |
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| 51 | 51 | | officer of the state or municipal agency which owns, leases or controls the use of the property. 8 |
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| 52 | 52 | | (6)(8) “Person” means any individual, corporation, partnership, firm, association, trust, 9 |
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| 53 | 53 | | estate, public or private institution, group, agency, political subdivision of this state, and other state 10 |
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| 54 | 54 | | or political subdivision or agency thereof, and any legal successor, representative, agent or agency 11 |
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| 55 | 55 | | of the foregoing. 12 |
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| 56 | 56 | | (7)(9) “Public building” means any building owned, managed, leased, furnished, or 13 |
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| 57 | 57 | | occupied by a state or municipal agency or commission or public school. 14 |
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| 58 | 58 | | (8)(10) “Radon” means the radioactive noble gas radon 222. 15 |
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| 59 | 59 | | (11) “Radon hazard” means radon levels above the Environmental Protection Agency 16 |
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| 60 | 60 | | action level of 4.0 picocurie’s per liter (pCi/L). 17 |
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| 61 | 61 | | (9)(12) “Radon progeny” means the short-lived radionuclides formed as a result of the 18 |
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| 62 | 62 | | decay of Radon 222, including Polonium 218, Bismuth 214, lead 214 and Polonium 214. 19 |
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| 63 | 63 | | (10)(13) “Radon/radon progeny mitigation” means any actions or measures taken and any 20 |
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| 64 | 64 | | materials or equipment installed, the purpose of which is to reduce levels of radon gas and/or radon 21 |
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| 65 | 65 | | progeny in the air or water supply of a building, or to prevent entry of radon or radon progeny into 22 |
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| 66 | 66 | | the indoor atmosphere. 23 |
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| 67 | 67 | | (11)(14) “Renovation” means an extension or increase in floor area or height of a building 24 |
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| 68 | 68 | | or structure; or a change or rearrangement in the structural parts or in the means of egress; or an 25 |
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| 69 | 69 | | enlargement, whether by extending on a side or by increasing in height; or the moving from one 26 |
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| 70 | 70 | | location or position to another; or the reconstruction or renewal of any part of an existing building 27 |
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| 71 | 71 | | for the purpose of its maintenance. Ordinary repairs, as defined by the state building code, shall be 28 |
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| 72 | 72 | | considered as renovations for the purposes of this chapter. 29 |
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| 73 | 73 | | (12)(15) “Residential construction” means any building, structure, or parts thereof in which 30 |
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| 74 | 74 | | families or households live, or in which sleeping accommodations are provided (with or without 31 |
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| 75 | 75 | | dining facilities), excluding those that are classified as institutional buildings, and which is 32 |
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| 76 | 76 | | designated within state building code use groups R-2, R-3 or R-4. 33 |
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| 77 | 77 | | (16) “Short-term residential rentals” means residential buildings used exclusively for short-34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002105 - Page 3 of 7 |
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| 81 | 81 | | term leases of one hundred (100) days or less where no renewal or extension can occur. 1 |
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| 82 | 82 | | (13)(17) “State building code” means chapter 27.3 of title 23. 2 |
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| 83 | 83 | | (18) “Tenant” means a person having the legal right under a rental agreement to occupy a 3 |
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| 84 | 84 | | dwelling unit. 4 |
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| 85 | 85 | | (14)(19) “Under roof floor space” means the gross constructed floor area covered by a roof 5 |
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| 86 | 86 | | that provides shelter, plus any area adjacent to but outside of the enclosing walls that has a 6 |
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| 87 | 87 | | constructed floor and is covered by a sheltering roof contiguous with the building. This shall 7 |
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| 88 | 88 | | include the gross floor area of each floor of a multiple story building. Walkways are not included 8 |
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| 89 | 89 | | in this definition. 9 |
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| 90 | 90 | | 23-61-4. Authority of the director. 10 |
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| 91 | 91 | | The director is authorized to: 11 |
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| 92 | 92 | | (1) Designate a unit within the department to administer the provisions of this chapter and 12 |
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| 93 | 93 | | provide that unit with the necessary staff, equipment, and operating funds. 13 |
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| 94 | 94 | | (2) Receive and administer funding allocated for radon control programs by the state, 14 |
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| 95 | 95 | | agencies of the federal government and other appropriate funding sources. 15 |
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| 96 | 96 | | (3) Require the owner of any public or high priority building and rental dwelling units to 16 |
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| 97 | 97 | | perform such tests for radon as he or she may determine to be necessary to characterize the exposure 17 |
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| 98 | 98 | | of occupants to radon/radon progeny in the air of the building and/or in the building water supply. 18 |
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| 99 | 99 | | (4) Conduct a voluntary radon/radon progeny testing program for residents of owner 19 |
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| 100 | 100 | | occupied residential dwellings in the state. 20 |
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| 101 | 101 | | (5) Enter any public or high priority building in the state in accordance with §§ 23-61-21 |
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| 102 | 102 | | 7(a)(1) and 23-61-7(b)(4) to perform such tests for radon as he or she may determine to be necessary 22 |
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| 103 | 103 | | to evaluate the exposure of occupants to radon/radon progeny in the air of the building and/or in 23 |
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| 104 | 104 | | the building water supply. 24 |
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| 105 | 105 | | (6) Institute a public information program to include a telephone information service, 25 |
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| 106 | 106 | | written materials, and media advertisements with the purpose of informing the public regarding 26 |
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| 107 | 107 | | radon/radon progeny health effects, the necessity for testing of homes and other buildings, the 27 |
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| 108 | 108 | | recommended practices for reducing elevated levels of radon and related issues. 28 |
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| 109 | 109 | | (7) Develop and forward for adoption by the state building code commission 29 |
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| 110 | 110 | | recommendations for standards of new construction designed to prevent or more easily mitigate 30 |
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| 111 | 111 | | elevated radon/radon progeny levels. 31 |
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| 112 | 112 | | (8) Issue regulations for the following purposes: 32 |
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| 113 | 113 | | (i) To establish indoor environmental air exposure standards and guidelines for radon and 33 |
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| 114 | 114 | | radon progeny; 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002105 - Page 4 of 7 |
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| 118 | 118 | | (ii) To establish a drinking water standard for radon; 1 |
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| 119 | 119 | | (iii) To establish criteria for air and water sampling, and testing for radon and radon 2 |
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| 120 | 120 | | progeny; 3 |
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| 121 | 121 | | (iv) To establish criteria for notification of the department of mitigation activities to reduce 4 |
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| 122 | 122 | | radon/radon progeny exposures in high priority buildings and public water supplies; 5 |
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| 123 | 123 | | (v) To establish criteria for licensure and certification of persons involved in radon/radon 6 |
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| 124 | 124 | | progeny testing and mitigation services; 7 |
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| 125 | 125 | | (vi) To require radon/radon progeny testing by appropriate school officials of each area 8 |
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| 126 | 126 | | within public and private schools occupied by children in pre-kindergarten through 12th grade; 9 |
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| 127 | 127 | | (vii) To establish work practices and procedures for mitigation of radon/radon progeny in 10 |
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| 128 | 128 | | buildings; 11 |
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| 129 | 129 | | (viii) To establish procedures for notifications required by § 23-61-6; 12 |
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| 130 | 130 | | (ix) To assess fees for activities authorized by this chapter. 13 |
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| 131 | 131 | | (9) In promulgating standards, guidelines and regulations and in setting fees authorized by 14 |
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| 132 | 132 | | this chapter, the director shall: 15 |
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| 133 | 133 | | (i) Give due consideration to recommendations, standards, guidelines and definitions of 16 |
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| 134 | 134 | | other states and the United States; 17 |
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| 135 | 135 | | (ii) Shall follow the provisions of chapter 35 of title 42. 18 |
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| 136 | 136 | | SECTION 2. Chapter 23-61 of the General Laws entitled "Radon Control" is hereby 19 |
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| 137 | 137 | | amended by adding thereto the following section: 20 |
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| 138 | 138 | | 23-61-13. Residential rental properties radon testing and notification. 21 |
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| 139 | 139 | | (a) By January 1, 2026, unless a mitigation system has been installed in a residential rental 22 |
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| 140 | 140 | | property and is operational, residential landlords shall conduct a radon test of the rental property or 23 |
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| 141 | 141 | | properties every five (5) years. 24 |
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| 142 | 142 | | (b) By January 1, 2024, newly constructed residential rental properties, both single family 25 |
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| 143 | 143 | | and multi-unit, shall conduct a radon test within twelve (12) months of the tenant(s) occupancy. 26 |
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| 144 | 144 | | After the initial radon test the landlord shall test every five (5) years. 27 |
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| 145 | 145 | | (c) Short-term residential rentals are excluded from radon testing requirements. 28 |
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| 146 | 146 | | (d) Landlords, tenants, or certified radon testing businesses may perform radon testing of 29 |
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| 147 | 147 | | the residential property or properties. 30 |
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| 148 | 148 | | (e) The department shall develop a guidance document on the proper procedures for radon 31 |
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| 149 | 149 | | testing and reporting. This document shall be posted on the department’s radon webpage. 32 |
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| 150 | 150 | | (f) Tenants may request or conduct a second radon test to confirm the findings of the initial 33 |
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| 151 | 151 | | test conducted by the landlord or themselves. If a tenant requests a confirmation test the landlord 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002105 - Page 5 of 7 |
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| 155 | 155 | | may cover the expense of that test. 1 |
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| 156 | 156 | | (g) If a landlord is reported to the Rhode Island attorney general civil division for failure 2 |
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| 157 | 157 | | to conduct radon test in accordance with this chapter, falsifying test results, or withholding the 3 |
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| 158 | 158 | | radon levels from the tenant or applicant, the landlord shall be subject to a civil penalty of no more 4 |
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| 159 | 159 | | than two hundred and fifty dollars ($250) per dwelling unit. 5 |
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| 160 | 160 | | (h) Disclosure of radon hazards in dwelling unit(s): 6 |
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| 161 | 161 | | (1) If a landlord conducts a radon test in a dwelling unit and the radon test indicates that a 7 |
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| 162 | 162 | | radon hazard exists in the dwelling unit, the landlord shall disclose in writing within thirty (30) 8 |
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| 163 | 163 | | days of receiving the result, to the current tenant, and any individual seeking to enter into a lease 9 |
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| 164 | 164 | | of that dwelling unit, the existence of a radon hazard in the dwelling unit. 10 |
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| 165 | 165 | | (2) The Rhode Island real estate commission may approve a form of written disclosure as 11 |
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| 166 | 166 | | required under this chapter or the landlord may use a disclosure form substantially conforming to 12 |
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| 167 | 167 | | the requirements of this section. The disclosure shall contain the property address, unit number, 13 |
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| 168 | 168 | | radon test date, radon level, and individual or company that performed the radon testing. 14 |
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| 169 | 169 | | (3) If a landlord has undertaken radon/radon progeny mitigation activities and a subsequent 15 |
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| 170 | 170 | | radon test indicates that a radon hazard does not exist in the dwelling unit, the landlord shall disclose 16 |
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| 171 | 171 | | the radon is being mitigated and no hazard exists. 17 |
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| 172 | 172 | | (4) The tenant and landlord shall sign the radon disclosure form to acknowledge the status 18 |
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| 173 | 173 | | of radon in the unit. 19 |
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| 174 | 174 | | (i) If a tenant has provided in writing to the landlord the results of a radon test that indicates 20 |
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| 175 | 175 | | a radon hazard exist in a dwelling unit, then the landlord shall disclose in writing to any individual 21 |
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| 176 | 176 | | seeking to enter into a lease of that dwelling unit that a radon hazard exists. A landlord may choose 22 |
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| 177 | 177 | | to conduct a second radon test using a certified radon testing business to verify the presence of 23 |
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| 178 | 178 | | radon. If the landlord’s test indicates a radon hazard does not exist the landlord shall disclose that 24 |
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| 179 | 179 | | a radon hazard doesn’t exist in the dwelling unit. If a hazard exists, the landlord may enlist a radon 25 |
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| 180 | 180 | | contractor to install a radon mitigation system. 26 |
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| 181 | 181 | | (j) The department shall develop an online database to track residential radon hazards. 27 |
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| 182 | 182 | | Information collected shall include the property address, property owner, number of units with 28 |
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| 183 | 183 | | radon hazards, number of occupants per unit, and mitigation. Landlords shall provide this 29 |
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| 184 | 184 | | information to the department within sixty (60) days of receiving the results of a radon test. If a 30 |
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| 185 | 185 | | landlord mitigates the radon hazard the landlord shall report to the department the mitigation 31 |
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| 186 | 186 | | method and will no longer be required to report to the department. 32 |
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| 187 | 187 | | (k) Nothing in this section shall excuse a landlord from conducting a radon hazard test 33 |
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| 188 | 188 | | every five (5) years, even with an operational mitigation system, to ensure no radon hazards are 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002105 - Page 6 of 7 |
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| 192 | 192 | | present. 1 |
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| 193 | 193 | | SECTION 3 Chapter 34-18 of the General Laws entitled “Residential Landlord and Tenant 2 |
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| 194 | 194 | | Act” is hereby amended by adding thereto the following section: 3 |
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| 195 | 195 | | 34-18-58. Radon in residential rental properties. 4 |
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| 196 | 196 | | Landlords shall conduct periodical testing and notify tenants of the presence of radon in 5 |
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| 197 | 197 | | accordance with § 23-61-13. 6 |
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| 198 | 198 | | SECTION 4. This act shall take effect upon passage. 7 |
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| 200 | 200 | | LC002105 |
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| 204 | 204 | | LC002105 - Page 7 of 7 |
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| 205 | 205 | | EXPLANATION |
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| 206 | 206 | | BY THE LEGISLATIVE COUNCIL |
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| 207 | 207 | | OF |
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| 208 | 208 | | A N A C T |
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| 209 | 209 | | RELATING TO HEALTH AND SAFETY -- RADON CONTROL |
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| 210 | 210 | | *** |
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| 211 | 211 | | This act would require landlords to conduct a radon test of all residential rental properties 1 |
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| 212 | 212 | | every five (5) years. Short-term residential rentals would be excluded from radon testing 2 |
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| 213 | 213 | | requirements. 3 |
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| 214 | 214 | | This act would take effect upon passage. 4 |
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| 216 | 216 | | LC002105 |
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