PRINTER'S NO. 1412

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1238 Session of 1991


        INTRODUCED BY M. N. WRIGHT, COHEN, TRELLO, BELARDI, FOX,
           E. Z. TAYLOR, TULLI AND MELIO, APRIL 22, 1991

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 22, 1991

                                     AN ACT

     1  Requiring testing for and notification of radon results
     2     concerning sale or lease of residential property.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Residential
     7  Property Radon Testing and Notification Act.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Residential real property."  Real property which is intended
    13  to be used as a primary residence or is leased by the owner to
    14  tenants for use as a primary residence.
    15  Section 3.  Testing and notice.
    16     (a)  Testing.--Prior to the sale or lease of residential
    17  property, the owner shall test any building to be used as a
    18  dwelling for the presence of radon. All radon testing shall be

     1  conducted by a radon testing individual, firm or laboratory
     2  certified by the Department of Environmental Resources. Testing
     3  shall be done in accordance with Department of Environmental
     4  Resources regulations. Each building shall be tested at least
     5  once every five years.
     6     (b)  Validity of test results.--Radon test results shall be
     7  valid for five years and may be used as notice as required by
     8  subsection (c) for a subsequent sale or lease of residential
     9  real property within the five-year period.
    10     (c)  Notice.--The owner or lessor of the residential property
    11  shall provide written notice of the results of the test under
    12  subsection (a) to a prospective purchaser or lessee of the
    13  residential property.
    14     (d)  Noncompliance.--The lessee or purchaser of the property
    15  shall have the option to void the lease or sale of such property
    16  in the event that the lessor or owner fails to comply with this
    17  act.
    18  Section 4.  Effective date.
    19     This act shall take effect in 60 days.








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