Kentucky | Environmental Law Institute

Kentucky Revised Statutes §§ 309.430--.454

Requires persons or businesses to obtain and renew a registration certificate from the state in order to conduct radon measurement, mitigation, or laboratory analysis. To obtain a registration certificate, applicants must: submit proof of compliance with the National Radon Proficiency Program or the National Radon Safety Board to perform radon measurement, mitigation, and laboratory analysis; adopt and follow written standard operating procedures established by an ANSI-accredited development organization for measurement, mitigation, and laboratory analysis; and provide evidence of a general liability insurance policy. The state has adopted program regulations (902 Ky. Admin. Regs. 95:040).

Kentucky Revised Statutes §§ 367.83801--.83807

Directs the state Department of Law to establish minimum standards for mold remediation companies that are based on the general mold remediation principles set forth by the Institute of Inspection, Cleaning and Restoration Certification (IICRC). Establishes that the state may take civil action against mold remediation companies that violate the law’s provisions. Regulations (40 Ky. Admin. Regs. 2:330) implementing the law establish minimum required practices for mold remediation companies.

Kentucky Revised Statutes § 324.360

Requires that a Seller’s Disclosure of Conditions form be used in residential real estate transactions if licensed real estate agents are involved and receive compensation. Requires the real estate commission to promulgate an administrative regulation authorizing the form. The regulation (201 Ky. Admin. Regs. 11:121) incorporates by reference a disclosure form that requires disclosure of any radon testing and any installed radon mitigation system and includes the following statement: "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks, including lung cancer. The Kentucky Department for Public Health recommends radon testing. For more information, visit chfs.ky.gov and search ’radon’." Also requires disclosure of the existence of mold or other fungi, and of other environmental hazards, such as carbon monoxide, asbestos, or urea formaldehyde. (See Form 402, at https://krec.ky.gov/Documents/402-SellersDisclosureofPropertyCondition.pdf.)