Bill No.
31-15
Concerning: Sale of Real Prooertv -
Radon Test - Single-family home
Revised: November 17. 2015 Draft No.§__
Introduced:
June 16. 2015
Enacted:
November 17. 2015
Executive: - - - - - - - - -
Effective:
October 1. 2016
Sunset Date: -'Nc.:.;o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Katz
Co-sponsors: Councilmembers Elrich and Rucker
AN ACT
to:
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:
require the test results to be provided to both the seller [[to provide]] and the
[[(2)]]
ill
buyer [[with an estimate
to
reduce radon under certain circumstances]]; and
[[(3)]]
ill
generally amend the law governing the sale of a single-family home
in
the
County.
By adding
Montgomery County Code
Chapter 40, Real Property
Section 40-13C
(1)
Boldface
Underlining
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Heading or de.fined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
31-15
1
Sec. 1. Section 40-13C is added as follows:
40-13C. Radon test= single-family home.
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fu}
Definitions.
In
this Section, the following words have the meanings
indicated:
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Department
means the Department of Environmental Protection.
Director
means the Director of the Department or the Director's
designee.
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Single-family home
means
single-family detached or attached
residential building. Single-family home does not include a residential
unit that is part of a condominium regime or a cooperative housing
corooration.
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Radon
means~
radioactive gas found in the air that comes from the
natural breakdown of uranium in soil, rock, and water.
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Radon test
means measuring the amount of radon
in
an indoor space:
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ill
ill
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@
with~
[[lQ!]]
device made for this purpose
[[and]]~
approved for use
.Qy
the Director,;. and
performed in accordance with the protocols specified for the
device used.
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[[Before]]
[[signing~
contract for]] [[completing the sale of]] Except as
provided in subsection Cc). a single-family home located in the County[L.
the living quarters of the home]) must be tested for radon before
completing a sale of the home. The radon test must be performed less
than one year before
[[final]
the settlement date. The seller must either
perform the test or permit [[provide]] the buyer
to
perform the test.
[[with]] Both the seller and the buyer must receive[[;
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BILL NO.
31-15
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<'
ill]]
~
gmy
of the results
of[[~]]
the radon test [[performed on the living
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quarters of the home less than one year before the date of the
contract; and
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ru
(£)
an estimate
from~
licensed contractor to reduce any radon level of
1.
picocuries per liter or more to less than
.2
picocuries per
liter]]~
The settlement of the sale of a single-family home located in the County
may be completed without a radon test ifthe sale is:
ill
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exempt from the transfer
tax
under Md. Tax-Property Code. §13-
207. as amended:
by a lender or an affiliate or subsidiary of a lender that acquired the
home by foreclosure or deed in lieu of foreclosure:
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a sheriffs sale. tax sale. or sale by foreclosure. partition. or by
court appointed trustee:
a transfer by a fiduciary in the course of the administration of a
decedent's estate. guardianship. conservatorship. or trust: or
a transfer of a home to be converted by the buyer into a use other
than residential or to be demolished.
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Sec. 2. Effective date.
This Act takes effect on October 1. 2016.
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BILL
No. 31-15
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Approved:
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George Leventhal, President, County Council
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Date
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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