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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
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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:
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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
explanation’s
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.
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