HB492 (2009) Detail

Requiring certification for persons performing radon tests.






AN ACT requiring certification for persons performing radon tests.

SPONSORS: Rep. French, Merr 5; Rep. Beck, Hills 2; Rep. Pilliod, Belk 5; Rep. Bridgham, CarrĀ 2; Rep. D. Petterson, Rock 10

COMMITTEE: Commerce and Consumer Affairs


This bill requires only certified persons to perform radon tests.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Nine

AN ACT requiring certification for persons performing radon tests.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Policy.

I. The general court finds that radon is a naturally-occurring radioactive gas that presents a serious health risk for many New Hampshire residents. Radon is a known human carcinogen, and data collected by the department of environmental services radon program show that radon concentrations in one third of all New Hampshire homes tested are above the recommended action level. When high radon levels are detected in a home, cost-effective corrective action steps can be taken to reduce radon to safe levels, yet many homes in New Hampshire remain untested.

II. The general court also finds that in order to protect the health of the public and assure consumer protection, it is imperative that persons providing radon assessment services for remuneration be knowledgeable and qualified to perform such services effectively.

III. Therefore, in order to protect the health of the public from this threat, it shall be the policy of the state to require that certain persons who perform assessment or remediation services for radon in homes and dwellings for remuneration are qualified by education and training in the specific technical areas involved.

2 Notification Required; Radon Gas Testing. Amend the section heading of RSA 477:4-a and RSA 477:4-a, I to read as follows:

477:4-a Notification Required; [Radon Gas and] Lead Paint.

I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller’s agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:

[“Radon Gas: Radon gas, the product of decay of radioactive materials in rock may be found in some areas of New Hampshire. This gas may pass into a structure through the ground or through water from a deep well. Testing can establish its presence and equipment is available to remove it from the air or water.]

“Lead Paint: Before 1977, paint containing lead may have been used in structures. The presence of flaking lead paint can present a serious health hazard, especially to young children and pregnant women. Tests are available to determine whether lead is present.”

3 New Section; Radon Testing Certification. Amend RSA 125-F by inserting after section 15 the following new section:

125-F:15-a Radon Testing; Certification Required. No person shall test the radon concentration of indoor air for remuneration unless that person is certified to do such testing by the National Environmental Health Association’s national radon proficiency program or the National Radon Safety Board, as evidenced by a current certification from either organization.

4 Effective Date. This act shall take effect January 1, 2011.


HB492 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB492 Revision: 13429 Date: Jan. 21, 2009, midnight