Radon Testing, The Law and YOU...

This is a short and sweet commentary about the most recent RADON Testing Law.
During the last legislative session a law was enacted that requires landlords to have their residential buildings tested for radon no later than 2012, with subsequent testing every ten (10) years thereafter. It is not clear from the statute itself, or from the legislative history, whether the phrase “by 2012” is intended to require that the testing be done prior to the commencement of that year, or prior to the end of that year. See Title 14, Section 6030-D of the Maine Revised Statutes.Home testing kits are not permitted. Radon tests must be conducted by a person who is registered with the Department of Health and Human Services.
If test results reveal a level of radon of 4.0 picocuries per liter of air or above, the landlord is required to take all necessary steps to mitigate the level of radon to a number below that standard.
“Mitigation services” must be provided by a person registered with the Department of Health and Human Services. Landlords are required to provide written notice to tenants and potential tenants regarding the presence of radon in the building. This information must include the date and results of the most recent test and must explain the risks associated with exposure to radon. Standard disclosure forms are being prepared by the state and will be accessible at some point during 2010. Go on line at
www.state.il.us/IEMA/radon/pdf/DisclosureRadonHazards.pdf.
If a landlord fails to comply with the requirements of state law, he or she would be subject to a fine of not more than $250.00 per violation. It is likely that enactment of this new law will strengthen the
hand of Plaintiff’s lawyers who are filing litigation on behalf of individuals who have been harmed by exposure to radon.
Landlords, do you need a new lease or help with an eviction? Give us a call we can help. 207-786-0311