Rental Code Radon Requirements

At a glance

Based on auto-generated captions; names and details may be misheard.

What: a proposal to add radon testing and mitigation to the rental code (Chapter 60) for rental units with habitable space at or below grade.
Where it stands: at the 2026-10-19 work session staff recommended a model based on Maine's. Council wanted more detail and asked staff to bring back a proposal.
Next: staff to return with a proposal, including a side-by-side comparison of testing by city staff, third party, or landlords, with costs. Staff hope the full Chapter 60 update reaches the agenda November 2 with a January 1 start, depending on publication.

A state law passed this session requires radon provisions for new construction only; nothing for existing buildings or rentals, so this would be a city initiative.
The EPA recommends retesting at least every five years, even where a mitigation system exists.
Staff estimate about 8,000 to 10,000 rental units have habitable space partly or fully below grade (a rough estimate against county assessor data).
Maine model, as recommended: a tenant can ask the landlord to test; if the result is at or above 4 picocuries per liter, the tenant can ask for a mitigation system (active or passive); after installation the landlord retests; if the problem persists or the landlord declines, the tenant may end the lease. Maine reportedly gets voluntary compliance and has a 10-year compliance window, with certified testers reporting results to the state.
Staff recommended against requiring a test and mitigation at every license renewal.

Timing: rental licenses run 9 months to 3.5 years, so radon tests would not line up with inspections for the roughly 45,000 to 50,000 rentals.
Cost: about $150 per professional test, possibly many per building; mitigation systems about $1,000 to $2,000.
Unintended consequence: owners might close off or strip finished basements instead of testing, reducing housing.
Long-term commitment to radon enforcement; the city previously rescinded a heating-equipment testing rule after about a year.
Who may test: Linda Westergaard argued that tests bought from the health department are valid. Jacobus noted a landlord could have an incentive to submit a flawed test, which is why he recommended certified testers; he stressed it is the council's call.
Habitable space: staff would not require testing where a basement holds only laundry or utilities. Another member asked whether any radon in a house exposes everyone; staff said long-term accumulated exposure drives risk.
Westergaard also objected to the Maine requirement that the full security deposit be returned when a tenant breaks a lease over radon; others agreed it could be adjusted to account for damage.
Another member raised cost to the city during the budget crisis and the burden on owners of large buildings.

Open. Council support was conditional on changes to testing rules and deposit language.

About 29 minutes across 1 meeting (from transcript timestamps; approximate).

Meeting	Minutes
2026-10-19 - City Council Work Session	29

2026-10-19 - City Council Work Session — staff presented a radon proposal modeled on Maine; council raised testing, deposit and cost concerns and asked for a revised proposal (about 29 minutes).
2026-11-02 - 2026-11-02 - City Council: the Chapter 60 rental property maintenance ordinance had first consideration and carried 6-1 (Linda Westergaard voting no); rental inspection fee schedule amendments were on the consent agenda. Which specific provisions (radon, fire items, penalties) are in the text was not stated in the sources read.