Radon Testing Regulations in Montgomery County
October 1, 2016
That is the effective date of the Montgomery County "Radon Law." The bill was first introduced in 2015 and was proposed by council members Rice, Katz, Elrich, and Hucker.
(1) Require the seller of a single-family home** to test for radon (and give) or permit the buyer to perform a test on the property (a copy of the radon test results);
(2) Establish certain exceptions to testing for radon; (complete list of exemptions here)
** single-family means a detached or attached residential building, except those units that are part of a condominium regime or a cooperative housing corporation.
It is important to emphasize that the law does not exempt properties based on construction style, age, or type of foundation.
**The law requires properties to be tested no more than one year before settlement.
**Testing must be done by a certified professional with 1 of the two national associations (NRPP or NRSB) and using an approved device by one of the above associations.
**Sellers are not obligated to "fix" the house even if levels are above the EPA action level of 4.0pCi/L (picoCuries per liter).
**Buyers can't waive the right to have a radon test performed.
**Failure to comply with this Article is a Class A violation, and it is enforceable by the Office of the Consumer Protection.
The law in a Nutshell
Here is a list of the ten most important things for you to know about Radon Law in Montgomery County.
1. The law applies to New and Re-sale homes;
2. Seller and buyers must both be informed of the results before or on the settlement date;
3. A test is required even if the buyer is not interested; the buyer cannot waive this requirement;
4. Homes with any mitigation systems are not exempt, and the law requires they be tested;
5. If a test has been done in the past, it cannot be more than one year old at the time of settlement
6. Houses on crawlspaces or Slabs are not exempt; they are not free of radon and may need mitigation.
7. Remediation is not a requirement; the objective of the law is to inform the parties and promote awareness.
8. The buyer or seller can order the test, but the obligation is primarily on the seller if the buyer does not perform the test.
9. Unless there is a radon contingency or similar contractual obligation, the buyer cannot cancel the contract based on the test results or require the seller to remediate.
10. Some localities and types of properties are exempt from this requirement:
For example, Homes with OWNERSHIP interests, such as Condos and Coops – do not confuse this with structure type or association;
Homes to be demolished;
Homes in Town of Poolesville, Town of Kensington, Town of Barnesville. ***The city of Rockville is no longer included in the exemption list as of January 1, 2023***
Properties on foreclosure or sheriff’s sale;
Transfer by a fiduciary in the course of the administration of a decedent’s estate;