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June 2011 News


Kentucky's new radon "certification" law kicks in on  July 1.

     It requires certification, after January 1, 2013, for any person or business that does radon measurement, mitigation, or lab analysis.

      This keeps Kentucky one of 19 states that require "certification" for radon measurement and mitigation. 

      It's been one of the 19 for years.  In 1992, the General Assembly first enacted laws requiring state certification for radon measurement and mitigation.  At the time, it was codified as KRS 211.855.  However, basically nothing happened.  It was amended in 2005.  Basically nothing happened then either.

    The new legislation picks up the old KRS 211.855, amends it, and parks it as KRS 211.9135.  It sets out the powers and duties of Cabinet for Health & Family Services (CHFS)  "for the control of radon in Kentucky."
     It looks like this certification law might actually work.
     Radon is outside home inspector SOPs.  Yet home inspectors bring radon testing to homes more than any other group.  It's a "win-win:" good for the public and good for business.
    The first radon certification course authorized by CHFS since the new law will be given by Professional Learning Institute(PLI) on July 16th & 17th.  A second class is set for September 

     The time between now and January 1, 2013 is to set up the rules for getting certified, and getting together an "Advisory Committee" to oversee the process.

     The Cabinet for Health and Family Services (CHFS) is charged with getting it done.   

     You can get certified immediately by either National Radon Safety Board (NRSB) or National Environmental Health Association (NEHA).  The NRSB and NEHA national exams will be given immediately after the class.  If you are already certified, the course is good for your CEs.  As usual, tuition is a better deal with the Professional Learning Institute.  And there's no "membership" or "dues" to get in either - just a good deal on a good (but tough) course that every home inspector can use.

    HB 247 also establishes a new "Kentucky Radon Program Advisory Committee" to help implement the law.  Details on the Advisory Committee appointment and meeting procedures, and its powers and duties are part in the Whole Story Library.

    Details about the new radon law, HB 247, are in Professional Learning Institute's (PLI) Alum Newsletter's annual "New Laws" issue, published in July (catching the effective dates of new laws). Link to Professional Learning Institute's Library by clicking below for updates until you get yours. 
     Here are a few highlights:
     1.  Mitigation systems repaired or altered after January 1, 2013 will be required to meet the mitigation standard operating procedures established by administrative regulation.
     2.  However, an elaborate CHFS "registration" system for everything in radon ditched.  The final law includes a provision reflecting that.  It says people can use mitigation systems that are not “registered” with the cabinet.
      3.  People certified to measure radon will not be allowed to mitigate the same building the tested for radon.  HB 247 prohibits a person certified as both a measurement and mitigation contractor who conducts mitigation on a residential or commercial building from conducting measurement on that same building (unless used for diagnostic purposes only).
     In many ways, the most important parts of HB 247 are what the legislature did 
not do, even though it was asked.
     Many of HB 247's important changes in Kentucky were rules that were proposed and then deleted by the Senate.
 
      For examples, the Senate (1) deleted a requirement radon measurement contractors to report all measurement information to CHFS; and (2) deleted a requirement for mitigation contractors to register each mitigation system installation.   

     The General Assembly knocked out all of the following proposed requirements that were in the original version of HB 247.
 The legislature:
 ●
Deleted a requirement for a radon measurement contractor to report all measurement information to the cabinet;
 ●
Deleted a requirement for mitigation contractors to register each mitigation system installation;
 ●  
Deleted a requirement for CHFS to establish a registration program for all mitigation systems installations, by a new regulation;
 ●
Deleted a proposed registration requirement for installation including the registration fee, reinspection fee, and display of registration number;
 ●
Deleted a law prohibiting use of a radon mitigation system not registered with the cabinet;
 ●
Deleted a proposed requirement for measurement contractors, mitigation contractors, and radon laboratories to report at times prescribed by the cabinet by administrative regulation.

 

   Clay Hardwick (state radon coordinator for the Cabinet for Health and Family Services), Kathy Fowler (branch manager), and Ken Spach (branch manager) are haunchoing implementation of the new law.

 

    To give you a feel for how preliminary everything is, under the new law, here are some tidbits from from our conversation with Mr. Hardwick, state radon coordinator for CHFS.  It's the latest information CHFS has made available on the new law.
     “An Advisory Committee has not been designated yet but should be set up towards the end of July if all goes well. The committee will be instrumental to the administration of the new laws and regulations,” Hardwick advised.  “At this time, the appointment process has not been decided on within the Cabinet.”
     “More details on the ‘how’ or ‘implementation’ of new radon law will be worked out in the coming months. The Advisory Panel has not been selected but the process will be started soon,” Hardwick added.
     “Certification courses will be needed but there has not been any planning on the certification courses,” said Hardwick.  “As soon as the planning occurs within the Cabinet and decisions have been made on certification courses, there will be a notice given on the state radon program website.”
     Very likely, the final rules will, in effect, “grandfather” radon specialists certified by NRSB or NEHA.  Otherwise, there would no one to protect the public for some time, while Frankfort was trying to rig its sails.
     Hardwick really was trying to be as helpful as he could, but he stressed his comments were “not on behalf of the Division” and “at this time everything is still a ‘work in progress’ in regards to the Radon Law. I do think more concrete answers will come as more requests are made from the outside.”

 

Feds Pump It Up in New Rn Action Plan

The new "Federal Radon Action Plan" was announced at this year's National Healthy Homes Conference at "mile high" Denver, Colorado, June 20-23, 2011.

    Each year's Healthy Housing Conference is like America's "summit conference" on home building.

    It is, by far, the nation's biggest and broadest "cross-sectional assembly" of national, state and local partners in housing and health.  To give you some idea of the mix, the spread of professions at this year's Conference included Home Inspectors; Homebuilders, Designers, Remodelers; Environmental Public Health and Safety Professionals; Energy and Weatherization Professionals; Philanthropic, Faith-Based and Non-Profit Organizations; Federal, State, and Local Health and Housing Organizations; Community and Urban Planners; Physicians and Medical Professionals; Educational Institutions/Students; and Manufacturers and Retailers.

    The core of the Federal Radon Action Plan focuses on:

· Launching a cross-government outreach initiative to educate families about the health risks associated with radon exposure and the solutions to address the risks.
· Incorporating radon testing and mitigation into federal programs.
· Investing in new standards and updating codes for measurement and mitigation in schools, daycare facilities, and multi-family housing.
· Establishing incentives that drive testing and mitigation in the private and public sectors.

    The Plan intends to drive all government agencies to demonstrate the importance of radon risk reduction, address finance and incentive issues to drive testing and mitigation, and build demand for services from industry professionals.

    A key goal of the Plan is to spur greater action in the marketplace, create jobs in the private sector, and significantly reduce exposure to radon. The plan includes strategies to reach low-income families, many of whom do not have the resources to make the simple fixes necessary to protect their homes and loved ones.

    The Plan says the "federal government is poised to directly or indirectly influence an estimated 7.5 million homes, schools and daycare facilities," through its network of residential, educational, and care facilities as well as programs that address health, prevention, housing, and finance.

    "With nearly one in 15 homes affected by elevated levels of radon and thousands dying each year from radon-induced cancer, it’s time to step up our actions in the federal government,” EPA Administrator Lisa P. Jackson said in announcing the Plan.  EPA data shows the percentage is even higher in Kentucky.  CDC data suggests Kentucky currently leads the nation in lung cancer deaths.

    "Radon exposure causes an estimated 21,000 lung cancer deaths each year and is the second leading cause of lung cancer in the United States," according to the EPA Press Release announcing the Plan.

    The Plan was the highlight of the conference -- especially since Kentucky basically is just starting work on a radon testing and mitigation program for our residents.  (In contrast, Ohio already has one.  Illinois requires radon testing.  Kentucky is doing catch-up.) 

    But the three days of session were built to cross-fertilize ideas.  Members of national associations (like ASHI or Homebuilders) also could pick up their CEUs (but not KBHI CE credits).

    Sessions were specifically tailored to shape housing policy, in collaboration with the federal agencies hosting the show.

    Professional Learning Institute classes have covered the "Healthy Housing Inspection Manual" and other Conference guidelines for the last few years.  Most of those policies are not reflected in our SOPs, because all three SOPs are older.  The KBHI also has shown no awareness of them yet.  Even so, it will be increasingly tough for inspectors to say there is any good reason to ignore the joint recommendations of basically every federal agency involved in home building, including HUD, CDC, DoE and the EPA.  After this year's conference, add radon testers and mitigators to the list.

    Each year, the Conference showcases emerging trends in home materials and techniques, kicks around the latest research and innovations, and pushes national leadership in goals and standards for healthy housing.

    The 2011 National Healthy Homes Conference was a federally-sponsored event that brought together practically everyone involving with American homes, with the goal of coordinating efforts to make housing healthy, safe, and environmentally sustainable. The 2011 Conference was hosted by the U.S. Department of Housing and Urban Development’s (HUD) Office of Healthy Homes and Lead Hazard Control, in partnership with the U.S. Centers for Disease Control and Prevention (CDC), U.S. Department of Energy (DoE), U.S. Department of Agriculture (USDA), and U.S. Environmental Protection Agency (EPA).

    Professional Learning Institute (PLI) neither endorses nor opposes an governmental agency or organization.  PLI's mission is primarily educational and PLI is dedicated to supporting its alums, and our industry, nonstop, anywhere, anytime.  PLI sorts through the many opportunities our students and alums may have to enhance their knowledge and skills and to participate in policy-making, or standard-setting.  We report news of only a few conferences and conventions each year, highlighting the best and the brightest crowds where our alums can expect to receive, and contribute, more than usual.  News about any conference or group should not be misunderstood as any expression of PLI opinion or endorsement.  

 

   Presidential Proclamation--National Building Safety Month

 

  A Proclamation

     Building safety is a critical component of our homeland security, our personal and public safety, the protection of property, and our economic well‑being.  While disasters have had devastating and heartbreaking effects in our country and around the world, modern building safety standards and fire prevention codes help us withstand, mitigate, and rapidly recover from hurricanes, winter storms, tornadoes, earthquakes, and floods.

     It is our collective responsibility as a Nation ‑‑ nonprofit organizations and the public and private sectors -- to implement effective standards and codes that sustain safe and resilient structures.  We need innovation and partnerships at all levels of society to develop transformative breakthroughs in building materials and construction techniques that strengthen the integrity of our homes, workplaces, and commercial facilities.

     Building safety and fire prevention officials, architects, engineers, design professionals, builders, and others in the construction industry work every day to ensure the sound construction of buildings and the safety of our citizens.  Their efforts to construct or retrofit buildings that utilize state‑of‑the‑art safety, energy efficiency, and fire prevention standards are important to our national resilience and our ability to compete in the 21st‑century economy.

     As a resilient Nation, we must continue to do everything in our power to enhance our ability to withstand and rapidly recover from natural and manmade disasters, disruptions, and emergencies.

     NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2011 as National Building Safety Month.  I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that will increase awareness of building safety, and I further urge Americans to learn more about how they can contribute to building safety at home and in their communities.

     IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-fifth.

BARACK OBAMA 

CPSC Goes Social

     When the U.S. Consumer Product Safety Commission (CPSC) announced a “new comprehensive social networking initiative,” most inspectors decided to wait and see how it played out.  After all, it’s guv-ment.

 

     It has been worth the wait.  The new OnSafety site (www.cpsc.gov/onsafety) is timely, consumer oriented, and rich with links for extra information.  The overall effort, dubbed “CPSC 2,” turns out to be a government program where you can actually see your tax dollars at work!

 

    Recently, it was announced that “future CPSC 2.0 content will address other safety issues in and around the home in engaging, consumer-friendly ways.”  It has.  This site has turned into one worth the visit.

 

     CPSC  even installed a tool to let you put recall information links on your website.  We’ve heard worse ideas.  (You remember we ran a letter not long ago from an inspector asking about a new “service” that would feed recalls to home inspectors for a monthly fee.  It’s in the Archive.)  The CPSC “Recall Widget” tool is at http://www.cpsc.gov/cgi-bin/javascripts/widgetrss.html.

 

     Now, don’t get this wrong.  It’s not Professional Learning Institute’s idea that home inspection reports should include recalls.  Not even close.  
 

     But that does not mean people aren’t interested in recalls, for lots of reasons.  Plenty of home inspection company sites feature extra information, and links to other resources, that are outside the scope of a home inspection report.

  

For More:

2010 guidelines by county, which are significantly below the HB 256 amounts, can be found at http://www.kyhousing.org/uploadedFiles/Homeownership/Homebuyers/IncomeLimits.pdf?n=1221
    To compute a new county income limit outside Jefferson, take the 2010 1-2 persons number on the chart and multiply by 1.45.  You'll be tolerably close for a rule of thumb, until the new guidelines arrive at the end of next month.
  
KHC's website: www.kyhousing.org under Homeownership or call toll-free in Kentucky (800) 633-8896 or (502) 564-7630, extension 291, or TTY 711.

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