By Ms. Stanley of West Newbury, petition (accompanied by bill, House, No. 325) filed at the request of David P. Kapturowski relative to requiring radon notification prior to real estate tranactions.  Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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PETITION OF:

Harriett L. Stanley

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In the Year Two Thousand and Seven.

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An Act relative to Radon notification at the time of a real estate transaction.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The General Court recognizes that radon is an odorless, colorless, tasteless, and radioactive gas that occurs naturally in soils and groundwater; that radon enters homes and buildings through opening in foundations, decays to form radon progeny, and unless vented to the atmosphere, accumulates in buildings and becomes hazardous to human health, and prolonged

exposure to elevated concentrations of radon decay products has been associated with increases in the risk of lung cancer. The General Court recognizes that there is a need to protect human health and prevent exposure to elevated concentrations of radon and a higher risk of mortality from lung cancer.

SECTION 2. Prior to the execution of any contract or the purchase and sale of any interest in real property which includes a building, the seller, or seller’s agent, shall provide a copy of the US EPA’s Home Buyer’s and Seller’s Guide to Radon to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:

“I (We) have received a copy of the US EPA’s Home Buyer’s and Seller’s Guide to Radon. Radon Gas: Radon Gas, the product of decay of radioactive materials in rock may be found in some areas of Massachusetts. 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 unsafe levels from the air or water.