An Act To Amend the Laws Relating to Radon Testing
Maine Legislature, Session 126, LD 0575
Committee: Veterans and Legal Affairs
Sponsors: LONGSTAFF, WHITTEMORE, BECK, NADEAU
Amends: 14 MRSA §6030-D, 22 MRSA §776

Legislative Document 
No. 575 
H.P. 394 
House of Representatives, February 19, 2013 
An Act To Amend the Laws Relating to Radon Testing 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LONGSTAFF of Waterville. 
Cosponsored by Senator WHITTEMORE of Somerset and 
Representatives: BECK of Waterville, NADEAU of Winslow. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6030-D, as amended by PL 2011, c. 96, §3 and c. 157, §1, is 
further amended to read: 
§6030-D.  Radon testing 
1.  Testing.  By March 1, 2014 and every 10 years thereafter, a A landlord or other 
person who on behalf of a landlord or a tenant who enters into a lease or tenancy at will 
agreement for a residential building shall have housing unit may test the air of the 
residential building tested housing unit for the presence of radon.  A test required to be 
performed under this section must be conducted by a person registered with the 
Department of Health and Human Services pursuant to using an authorized radon testing 
device as defined in Title 22, chapter 165 section 772, subsection 2.   
1-A.  Residential housing unit definition; short-term rentals.  As used in this 
section, "residential building housing unit" means a room or suite of rooms used for 
human habitation located below the 3rd story above ground level of a building, but does 
not include a building used exclusively for rental under short-term leases of 100 days or 
less where no lease renewal or extension can occur. 
2.  Notification.  A Except as provided in subsection 2-A, a landlord or other person 
who on behalf of a landlord enters into a lease or tenancy at will agreement for a 
residential building housing unit shall provide written notice to a tenant or potential 
tenant regarding the presence of radon in the building housing unit, including the date and 
results of the most recent test conducted under subsection 1, and the risk associated with 
radon.  The Department of Health and Human Services shall prepare a standard 
disclosure statement form for a landlord or other person who on behalf of a landlord 
enters into a lease or tenancy at will agreement for real property to use to disclose to a 
tenant or potential tenant information concerning radon. The form must include an 
acknowledgment that the tenant or potential tenant has received the disclosure statement 
required by this subsection. The department shall post and maintain the forms required by 
this subsection on its publicly accessible website in a format that is easily downloaded. 
2-A.  Subsequent test.  If a landlord or other person acting on behalf of a landlord or 
a tenant subsequently tests a residential housing unit after a test under subsection 1 
indicated that the presence of radon existed in the residential housing unit and the 
subsequent test indicates that there is no presence of radon in the residential housing unit, 
then the landlord or other person acting on behalf of the landlord is not required to 
provide notification under subsection 2. 
3.  Mitigation.  When the test of a residential building housing unit under subsection 
reveals a level of radon of 4.0 picocuries per liter of air or above, the landlord or other 
person who on behalf of a landlord enters into a lease or tenancy at will agreement for 
that building residential housing unit shall, within 6 months, mitigate the level of radon in 
the residential building housing unit until it is reduced to a level below 4.0 picocuries per 
liter of air or declare the lease or tenancy at will is terminated and within 6 months 
discontinue rental of the residential housing unit.  If a landlord or other person who on 
behalf of a landlord enters into a lease or tenancy at will agreement for a residential 
building housing unit is required to obtain a permit under a local or municipal ordinance, 
mitigation must occur within 6 months after obtaining any necessary permit.  Mitigation 
services must be provided by a person registered with the Department of Health and 
Human Services pursuant to Title 22, chapter 165.  After mitigation has been performed 
pursuant to this subsection to reduce the level of radon, the landlord or other person who 
on behalf of a landlord enters into a lease or tenancy at will agreement for the residential 
building housing unit shall provide written notice to tenants residing in the residential 
housing unit at the time of mitigation that radon levels have been mitigated. 
3-A.  Other areas of building.  If a radon test under subsection 1 indicates the 
presence of radon in a common area of a building that contains residential housing units 
but not in a residential housing unit, the landlord or person acting on behalf of the 
landlord shall provide notice to all tenants in the building pursuant to subsection 2 of the 
presence of radon in the common area and a tenant may use the common area at the 
tenant's discretion. 
4.  Penalty.  A person who violates this section commits a civil violation for which a 
fine of not more than $250 per violation may be assessed. 
Sec. 2.  22 MRSA §776, sub-§§3 and 4, as enacted by PL 1989, c. 657, §1, are 
amended to read: 
3.  Department employees.  Employees of the department in the course of their 
assigned duties; or 
4.  Authorized personnel.  A person performing testing with the written approval of 
the department.  Registration under section 774 or 775 does not constitute written 
approval for the purposes of this subsection.; or 
Sec. 3.  22 MRSA §776, sub-§5 is enacted to read: 
5.  Landlords and tenants of residential housing units.  A landlord, person acting 
on the landlord's behalf or tenant testing pursuant to Title 14, section 6030-D, subsection 
1. 
SUMMARY 
This bill amends the laws concerning radon testing by: 
1.  Removing the requirement that all residential housing units be tested for radon by 
March 1, 2014 and every 10 years thereafter; 
2.  Allowing, instead of requiring, landlords and people acting on behalf of landlords 
to conduct radon tests and allowing tenants to conduct radon tests; 
3.  Applying the radon testing laws to only residential housing units located below the 
3rd story above the ground floor of a building; 
4.  Removing the requirement that a landlord or a person acting on the landord's 
behalf provide notice of a positive radon test if a subsequent test indicates there is no 
presence of radon; 
5.  Allowing a landlord or person acting on behalf of a landlord to terminate a lease 
or tenancy at will following a test indicating the presence of radon as an alternative to 
mitigation; and 
6.  Requiring a landlord or a person acting on behalf of a landlord to provide notice to 
tenants that a common area of a building tests positive for radon.  If there is no presence 
of radon in a residential housing unit a tenant may use the common area at the tenant's 
discretion.