Effective July 1, 2011, a new Kansas law requires all individuals who perform testing or mitigation for radon gas to obtain a certification from the Kansas Department of Health and Environment (KDHE). As a result, it is important for you to familiarize yourself with this law’s provisions and how it will affect your real estate transactions.
If an individual who performs these services in Kansas is not certified by KDHE by July 1, they are prohibited from providing those services and can be fined up to $1,000 and charged with a misdemeanor crime for each violation. In order to register with KDHE, individuals will need to fulfill several requirements to ensure that they are qualified to provide radon testing and mitigation services. These requirements can be reviewed in detail at www.kansasradonprogram.org.
As a real estate licensee, if you maintain a preferred provider list or provide any type of referrals of radon testing or mitigation professionals to your clients and customers, you must ensure that the individuals on that list are certified with KDHE. A list of certified radon testing and mitigation professionals is available at www.kdheks.gov/radiation/radon.htm. In addition, you should under no circumstances provide the name of a radon testing or mitigation professional who is not registered under the act to a client or customer.
You should also be aware that the owner of a home or building may perform radon testing or mitigation on their own properties without obtaining certification from KDHE. However, they cannot perform these services in buildings owned by others if they are being paid for the services or the testing or mitigation is performed on a home or building that is subject to a pending real estate transaction.
Questions? Contact Jeff Carson at email@example.com or 913-266-5916.