Virginia Code § 32.1-229
Requires the Board of Health to establish a program of effective regulation of sources of radiation, including a program of education and technical assistance relating to radon that is targeted to areas known to have high radon levels. Requires that as a part of the program, a list of persons who are nationally certified to offer screening, testing, or mitigation for radon be made available to the public.
Virginia Code § 36-98
Authorizes the state to promulgate a Uniform Statewide Building Code. Building code adopted pursuant to the law (13 Va. Admin. Code 5-63-210--220) establishes Appendix F of the International Residential Code as the standard for local jurisdictions that elect to adopt a radon control standard for new construction in high radon potential areas.
Virginia Code § 55.1-1215
Requires landlords to disclose whether there is any visible evidence of mold in a rental dwelling unit, as part of the move-in inspection report. Gives tenant the option of terminating lease if mold disclosure is provided in report. Requires that if tenant elects to take possession notwithstanding presence of mold, landlord must promptly remediate condition, reinspect, and issue new report.
Virginia Code § 55.1-703
Requires owners to disclose certain information to prospective purchasers of residential real property, in accordance with a state-developed form. Required disclosures include a statement that the owner makes no representations or warranties as to the condition of the real property and that purchasers are advised to exercise due diligence they deem necessary, including obtaining "a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency." Disclosure must also include a statement that the owner "makes no representations with respect to whether the property is located in a locality classified as Zone 1 or Zone 2" on EPA’s Map of Radon Zones and must advise purchasers to "exercise whatever due diligence they deem necessary to determine whether the property is located in such a zone" including, among other things, reviewing EPA’s Map of Radon Zones and ordering a radon inspection.
Virginia Code §§ 55.1-1200, 1220, 1227, 1231
Requires landlords and tenants to maintain the residential rental premises to prevent the accumulation of moisture and the growth of mold. Requires landlords to respond promptly to notifications by tenants of mold or moisture accumulation and establishes that, "where there is visible evidence of mold, the landlord shall promptly remediate the mold conditions... and reinspect the dwelling unit...." Requires that remediation be conducted in accordance with guidance documents specified in the law. Provides that where mold condition materially affects the health or safety of a tenant, the landlord may require the tenant to temporarily vacate premises for up to 30 days, while the landlord undertakes mold remediation. Requires landlord to pay relocation cost.
Virginia Code §§ 54.1-201, -1102
Requires the Board for Contractors to promulgate regulations necessary for licensure of contractors, inspectors, and tradesmen. Rules adopted under the law (18 Va. Admin. Code 50-22-30--60) require that firms applying for a contractor’s license and seeking licensing in the radon mitigation services specialty must name a qualified individual who has obtained an EPA or Virginia DEQ accepted radon certification. Separate regulations (18 Va. Admin. Code 15-40-120) require that if home inspections do not cover specified items (including mold, radon, and other environmental hazards), the inspection contract must note the exclusions. The Virginia Consumer Protection Act, Va. Stat. § 59.1-200, prohibits selling or offering any services as a professional mold remediator in a residential dwelling without holding a mold remediation certification from a nationally or internationally recognized certifying body, and prohibits failing to comply with U.S. EPA’s publication on Mold Remediation in Schools and Commercial Buildings, the ANSI IICRC S520 Standard for Professional Mold Remediation; or an equivalent ANSI-accredited mold remediation standard when conducting mold remediation.
Virginia Code § 22.1-138
Requires that every school building in Virginia be tested for radon pursuant to EPA procedures and regulations as prescribed by the Board of Education and that each school maintain files of its radon test results and make the files available for review. Requires each local school board to develop and implement a plan to test and, if necessary, remediate mold in public school buildings in accordance with guidance issued by the U.S. EPA. Directs the Department to "determine the minimum level of mold in a school building that raises a concern for the health of building occupants" for purposes of notification to school staff and parents. Also requires each school board to maintain a water management program for the prevention of Legionnaire’s disease at each public school building and to "validate each water management program on at least an annual basis to maintain the health and decency of such buildings." Directs public schools to maintain files related to the water management program, including the results of all validation and remediation activities, and to make such files available for review.
Virginia Code § 32.1-229.01
Prohibits individuals from providing radon screening, testing, or mitigation services unless they meet proficiency measures acceptable to the state Board of Health or the U.S. EPA, or receive certification as a professional by either the National Radon Proficiency Program or The National Radon Safety Board. Requires radon professionals to comply with EPA testing standards, ASTM E-2121 mitigation standard, or other testing/mitigation standards deemed acceptable to the Board of Health or EPA. State contractor licensing regulations (18 Va. Admin. Code 50-22-30--60) establish radon mitigation as a specialty service and require those applying for the specialty to meet the state certification requirement. Legislation enacted in 2018 (Va. H.B. No. 1534) directed the Department of Health to review consumer complaints regarding radon testing and mitigation received since 2013, as well as the current state certification requirements for radon testers and mitigators, and to determine the benefits of any additional oversight of radon professionals. The legislation required the agency to report its findings and recommendations to the state legislature by December 1, 2018.
Subscribe to Virginia