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Senate
File
2242
-
Introduced
SENATE
FILE
2242
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
radon
testing
and
mitigation
for
the
1
conveyance
of
single-family
residences,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5999XS
(2)
91
lh/jh
S.F.
2242
Section
1.
Section
558.1B,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
“Single-family
residence”
means
an
3
existing
or
newly
built
residential
dwelling
designed
for
4
occupancy
by
one
household
and
located
on
property
zoned
for
5
single-family
residential
use,
including
a
detached
dwelling
6
or
townhouse,
but
excluding
duplexes,
multifamily
dwellings,
7
and
condominiums.
8
Sec.
2.
Section
558.41,
Code
2026,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
5.
Radon
compliance
affidavit.
A
county
11
recorder
shall
not
record
a
deed
conveying
a
single-family
12
residence
unless
the
deed
is
accompanied
by
a
sworn
affidavit
13
executed
by
the
grantor
and
grantee
affirming
that
the
14
acquisition
complies
with
section
558.73.
15
Sec.
3.
NEW
SECTION
.
558.73
Radon
testing
and
mitigation
16
for
single-family
residences.
17
1.
Prior
to
the
conveyance
of
a
single-family
residence,
18
the
grantor
shall
conduct
a
radon
test
for
the
residence
in
19
accordance
with
the
rules
adopted
by
the
department
of
health
20
and
human
services.
21
2.
a.
If
a
radon
test
conducted
pursuant
to
subsection
22
1
indicated
radon
concentrations
at
or
above
the
level
at
23
which
mitigation
is
recommended
by
the
federal
environmental
24
protection
agency,
the
grantor
shall
install
a
radon
mitigation
25
system
prior
to
conveyance.
The
grantor
shall
then
perform
an
26
additional
radon
test
to
verify
that
radon
levels
are
not
above
27
the
levels
recommended
by
the
federal
environmental
protection
28
agency.
29
b.
If
a
radon
mitigation
system
is
present
in
the
30
single-family
residence
at
the
time
of
sale,
but
is
not
31
functioning,
the
grantor
shall
repair
or
replace
the
radon
32
mitigation
system
prior
to
conveyance.
33
3.
The
grantor
and
grantee
shall
execute
a
sworn
affidavit
34
stating
the
conveyance
complies
with
this
section
and
that
the
35
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5999XS
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lh/jh
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2
S.F.
2242
latest
radon
test
showed
a
radon
level
at
or
below
the
level
1
recommended
by
the
federal
environmental
protection
agency.
2
4.
The
department
of
health
and
human
services
shall
adopt
3
rules
pursuant
to
chapter
17A
to
administer
this
section.
4
Sec.
4.
APPLICABILITY.
This
Act
applies
to
conveyances
5
occurring
on
or
after
the
effective
date
of
this
Act.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
radon
testing
and
mitigation
for
the
10
conveyance
of
single-family
residences.
11
The
bill
defines
“single-family
residence”
as
existing
and
12
newly
built
residential
dwellings
designed
for
occupancy
by
13
one
household
and
located
on
property
zoned
for
single-family
14
residential
use.
The
definition
includes
detached
dwellings
15
and
townhouses
and
excludes
duplexes,
multifamily
dwellings,
16
and
condominiums.
17
The
bill
prohibits
a
county
recorder
from
recording
a
18
deed
conveying
a
single-family
residence
unless
the
deed
is
19
accompanied
by
a
sworn
affidavit
executed
by
the
grantor
and
20
grantee
affirming
that
the
conveyance
complies
with
the
bill.
21
The
bill
requires
that,
prior
to
conveyance
of
a
22
single-family
residence,
the
grantor
conduct
a
radon
test
in
23
accordance
with
the
rules
adopted
by
the
department
of
health
24
and
human
services.
A
grantor
must
install
a
radon
mitigation
25
system
if
the
radon
test
indicates
radon
concentrations
at
26
or
above
the
level
at
which
mitigation
is
recommended
by
the
27
United
States
environmental
protection
agency.
If
the
radon
28
mitigation
system
is
present
but
not
functioning
at
the
time
29
of
sale,
the
grantor
must
repair
or
replace
the
existing
radon
30
mitigation
system.
31
The
bill
applies
to
conveyances
occurring
on
or
after
the
32
effective
date
of
the
bill.
33
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LSB
5999XS
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lh/jh
2/
2