Bill No.
31-15
Concerning: Sale of Real Property -
Radon Test - Single-family home
Revised: November 17. 2015 Draft No.§__
Introduced:
June 16. 2015
Enacted:
November 17. 2015
Executive:
November 24. 2015
Effective:
October 1. 2016
Sunset Date:
_N~o=n=e
_ _ _ _ __
Ch.
__§Q_,
Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Katz
Co-sponsors: Councilmembers Eirich and Rucker
AN ACT
to:
(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 propertv: [[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)]]
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buyer [[with an estimate to reduce radon under certain circumstances]]; and
generally amend the law governing the sale of a single-family home in the
[[(3)]]
ill
County.
By adding
Montgomery County Code
Chapter 40, Real Property
Section 40-13 C
Boldface
Underlining
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[[Double boldface brackets]]
* * *
Heading or defined 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 unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
31-15
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Sec. 1. Section 40-13C is added as follows:
40-13C. Radon test= single-family home.
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W::}
Definitions.
In
this Section, the following words have the meanings
indicated:
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
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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
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1O
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comoration.
Radon
means
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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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(hl
with
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[[!Q!]]
device made for this purpose [[and]];
approved for use hy the Director; and
performed in accordance with the protocols specified for the
device used.
[[Before]]
[[signing~
contract for]] [[completing the sale oft] Except as
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provided in subsection (c). a single-family home located in the County[[,_
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]]
~~of
the results of
Cm]]
the radon test [[performed on the living
quarters of the home less than one year before the date of the
contract; and
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(£)
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 if the sale is:
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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 subsidiarv of a lender that acquired the
home by foreclosure or deed in lieu of foreclosure;
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W
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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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Approved:
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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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