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Realtors! Realtor Liability and Radon Testing!
Don't let a deal be killed by an unqualified - uncertified radon tester!
When anyone makes a recommendation of action to be taken, based on the results of a Radon test, they can only be making recommendations prescribed by the U.S. Environmental Protection Agency (USEPA) AND The N.Y.S. Dept. of Health (NYSDH) (which exactly duplicates the EPAs recommendations). There simply is no other protocol!
And the USEPA/NYSDH recommendations are based solely on very specific testing and analyzing protocols created by USEPA and employed by USEPA/NYSDH certified testers and laboratories. According to the USEPA and the NYSDH no one else is qualified to make recommendations concerning the results of a Radon test. Anyone can make recommendations but if they are NOT QUALIFIED their test data and their recommendations are of little or no use! If the tester is not employing EPA protocols the test, and its results, are inaccurate and useless.
When any one of various testing protocols are not observed and/or devices are placed incorrectly and non USEPA certified laboratories are used for analysis of those devices the results and the recommendations are meaningless. Remember, sales have been killed because of bogus radon test results. Also, if the realtor has referred that Radon tester to a client then the realtor is left liable and vulnerable to a lawsuit (if the testing is contested in a court of law) for referring unqualified personnel who deliver meaningless results. Don't use a radon tester who allows someone other than themselves to conclude a test that they have started.
The New York State Sanitary Code (10 NYCRR 16.130), requires all firms conducting radon testing in New York State to report summary information regarding each test to the New York State Department of Health twice a year. Ask your tester if they comply with this law, if not, don't recommend them. Ask your tester if they are EPA trained and certified and listed with the NYS Dept. of Health, if not, don't recommend them.
And remember, just because someone is a licensed civil engineer it does not mean that they are an E.P.A. trained and qualified Professional Radon Tester using E.P.A. certified laboratories for their device analysis, and reporting their testing to the NYS Dept. of Health. They probably are not.
I, Nick Kuvach, am an E.P.A. trained and certified and N.Y.S. Dept. of Health listed Professional Radon Tester.
I would be happy to come to your real estate office and speak with you and your colleagues on this and other issues concerning Home Inspections and Environmental Testing.