CHAPTER 171
HB 498 – FINAL VERSION
2015 SESSION
15-0564
05/01
HOUSE BILL 498
AN ACT relative to notification of radon and arsenic testing.
SPONSORS: Rep. Hunt, Ches 11; Sen. Cataldo, Dist 6
COMMITTEE: Commerce and Consumer Affairs
This bill revises the radon notice required prior to the sale of real property and establishes a similar notice requirement regarding arsenic.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0564
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to notification of radon and arsenic testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
171:1 Notification of Radon, Arsenic, and Lead Paint. Amend RSA 477:4-a to read as follows:
477:4-a Notification Required; Radon [Gas], Arsenic, and Lead Paint.
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller’s agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
“Radon [Gas]: Radon [gas], the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. [This] Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish [its] radon’s presence and equipment is available to remove it from the air or water.”
“Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well.”
“Lead Paint: Before 1977, paint containing lead may have been used in structures. The presence of flaking lead paint can present a serious health hazard, especially to young children and pregnant women. Tests are available to determine whether lead is present.”
II. Nothing in this section shall be construed to have any impact on the legal validity of title transferred pursuant to a purchase and sale contract in paragraph I, or to create or place any liability with the seller or seller’s agent for failure to provide the notification described in paragraph I.
171:2 Effective Date. This act shall take effect January 1, 2016.
Approved: June 26, 2015
Effective Date: January 1, 2016