Effective March 1, 2014, all landlords and those acting on behalf of landlords shall have residential rental units tested for the presence of radon. A state law, passed on June 21, 2013, mandates the immediate testing of all residential rental buildings that have not had radon mitigation systems installed, and requires subsequent testing to be performed every 10 years thereafter when requested by a tenant.

Before a new tenant enters into a lease or tenancy at will agreement, or pays a deposit to rent or lease a property, a landlord shall provide written notice, as prescribed by the Department of Health and Human Services, to a tenant regarding the presence of radon in the building, including the date and results of the most recent test, whether mitigation has been performed, as well as notice that the tenant has the right to conduct a test.

In addition, the landlord will provide oral notice regarding the presence of radon. Written confirmation of the receipt of this information by the tenant is required. Standard forms are available through the Department of Health and Human Services. The results of tests must be reported to the Department and existing tenants within 30 days of testing.

Exceptions to this new law are short-term leases of 100 days or less where no lease renewal or extension can occur, elevator shafts, unsealed utility chases or open pathways, forced hot air or central air systems, or private well water.

These tests are to be performed by a person registered with the Department of Health and Human Services, who can be contacted at: Department of Health and Human Services, 221 State Street, Augusta, ME 04333. Phone: 207-287-3707; Fax: 207-287-3005; TTY: 800-606-0215.