Q: Can retail outlets sell radon kits to consumers in Kansas?

[Nick Gromicko]

A:

On Thu, Oct 6, 2011 at 2:20 PM, Radon <radon@kdheks.gov> wrote:
Pro-Lab Inc, 1675 N Commerce Pkwy, Weston FL, is a certified radon laboratory in the State of Kansas.

Marla Oestreich
Bureau of Environmental Health
Right to Know Program & Kansas Radon Program
1000 SW Jackson Suite 330
Topeka KS 66612
785/296-1688 (voice)
785/296-0984 (FAX)
moestrei@kdheks.gov


From: Nick Gromicko [mailto:nick@internachi.org]
Sent: Thursday, October 06, 2011 11:54 AM
To: Radon
Subject: Re: Legal ad? Runs through Oct. 9th

PRO-LAB. Can you tell me if this lab is certified please?


Sincerely,

Nick Gromicko
Founder, International Association of Certified Home Inspectors, Inc. www.nachi.org
Executive Director, International Association of Certified Indoor Air Consultants, Inc. www.iac2.org
Director, Master Inspector Certification Board, www.certifiedmasterinspector.org
Co-Host, www.NACHI.TV
President, ComInspect, www.cominspect.com
Licensed general contractor
Licensed septic system installer
Author, 15 books, 200+ articles



On Thu, Oct 6, 2011 at 8:00 AM, Radon <radon@kdheks.gov> wrote:
There is no issue in Kansas with retail outlets selling do-it-yourself radon test kits to consumers, as long as the radon laboratory producing the test kits is certified by us. Can you tell me from what laboratory these test kits come?

Thank you!
Kim Steves
Kansas Radon Program
Kansas Department of Health and Environment
1000 SW Jackson St., Suite 330
Topeka, KS 66612-1365
(785) 296-1560

http://www.nachi.org/50000retailoutlets.htm

[Gary Farnsworth]

Yes. Consumers can do their own testing. However, consumers cannot do any radon testing if the home involves a real estate transaction. An ad that recently came out in a local newspaper for a hardware store advertised the Pro-Lab radon kits as being "real estate transaction approved". They are, but the kits have to be monitored, reported, and tested by Kansas certified companies and radon testing individuals.

"In Kansas, any radon tests performed as part of a real estate transaction must be performed by a certified radon measurement technician." Kansas Department of Health".


Nick Gromicko and Pro-Lab are associated together.


Consumers purchasing radon test kits are suprised to learn that there are costs involved with this kit. There is the cost of purchasing the kit, sending a fee for testing with the kit, and the cost of mailing. My own experience with this kit ended up costing me close to $98 when using two kits, testing fees per kit, and over-night mailing. It also took two days after the kits arrived at the lab for results; way too long.


Consumers, or even real estate agents, that purchase these kits for their own purposes of testing a home for a real estate transaction, are not legal, unless they are certified by the State of Kansas to do so. Two AC kits (activated charcoal) should be used for RE testing, I believe stated by EPA and NEHA.

Pro-Lab and hardware stores should be informing consumers accordingly. Reporting of the radon testing results to the Kansas Department of Health is also required when the home is in process of a sales transaction. Other state protocols are required, and should be followed.

Pro-lab and hardware stores that carry radon test kits should be informing the consumers properly.

[Gary Farnsworth]

Response from the Kansas Dept. of Health. Why have laws at all, if you cannot enforce them, monitor, or stand behind them?

"Mr. Farnsworth: We understand your concerns and have discussed this advertisement with our legal staff. We also question whether the statement in the advertisement for the radon test kit is accurate, but feel this is most likely a consumer protection issue rather than a regulatory issue. We recommend you contact the Attorney General's Consumer Protection Office for further guidance.
Following is a website link for the Consumer Protection program: http://www.ksag.org/page/assisting-consumers".

[Andrew Shick]

Originally Posted by gfarnsworth

Why have laws at all, if you cannot enforce them, monitor, or stand behind them?

Wow...somebody said it besides me!
Awesome!

Thanks Gary.

[Gary Farnsworth]

http://www.kdheks.gov/radiation/radpubnotice.html

Now there is a hearing about the new radon laws coming up on December 21st in Topeka. I guess they want them changed.

U.S. Inspect has a radon program. I recently came across this while scheduling an inspection. I got the inspection, and asked about doing a radon test, since the area the home was located has a history of high radon. The buyer did not want a radon test, since they were getting one for free. I have a copy of this information.

Basically, the new home owner gets a free radon test kit in the mail 30 days after closing, and does the testing themselves. If the result is over 4.0, the home gets mitigated for free. I have sent the information to the Kansas Dept of Health and the KS attorney general's office. A response back to me from the Dept. of Health was that "since the test is post RE transaction, this does not fall under any state law or requirement".

Who is paying for this program is a mystery. Most likely it is the RE's or their offices/companies. Sure, home buyers who get anything for free will take it. I probably would myself.

It is just that when laws are created, they get side-stepped, and the honest people get put out of business. Perhaps this U.S. Inspect out of Virginia will profit big time, contract out the mitigation to local radon mitigation companies, and put us testers out of the radon testing business. This, IMO, would be a conflict of interest.

I bet it is coming, if not already, to other states as well. I informed Nick G., but he claimed that U.S. Inspect was out of the residental radon business. Wrong on that one. We will see what the KS AG office has to say.

[Patrick Carter]

I do radon screenings for the Kansas Energy Efficiency program (Kansas Energy Office is under the Department of Commerce), and radon screening are very important part of the energy audit process I do in MO as well.

[Gary Farnsworth]

Good thought, Patrick. Do you, or should you, be licensed and certified to do these radon/energy audit checks? Are these involved with government programs? I hear simular Missouri laws are coming.

Why are these people so adimant about these new radon regulations?

Licensing of radon, termite, home inspectors, when is it the contractors and home builders turn?

[Patrick Carter]

Originally Posted by gfarnsworth

Do you, or should you, be licensed and certified to do these radon/energy audit checks? Nope on Energy Audit license, Yep on Energy Audit Certification; Nope on License for Radon Measurement, Yep of Radon Measurement Certification
Are these involved with government programs? Yep
I hear simular Missouri laws are coming. Have been hearing that as well...

Why are these people so adimant about these new radon regulations? Have you ever met Bruce Snead (author of Radon Bill in KS) at KSU, he's in the back pocket of every "environmentalist lawmaker" (and there is a bunch of them) in Kansas?

Licensing of radon, termite, home inspectors, when is it the contractors and home builders turn? When we start electing people who are against the lobbist and what they stand for...

I am against licensing period... I am for registration and certification... there is a big difference between the two...