Effective: July 24, 1990
Latest Legislation: House Bill 279 - 118th General Assembly
(A) If radon testing or mitigation is performed or any related advice is provided in accordance with any procedures established under federal law or the Revised Code, the liability of a licensed radon tester, mitigation specialist, or mitigation contractor for injury, death, or loss to person or property allegedly caused by or otherwise related to radon testing or mitigation or related advice is limited to liability for actions or omissions that are established, by a preponderance of the evidence, to have been negligent. Establishment by a preponderance of the evidence that actions or omissions relating to radon testing or mitigation or related advice were at the time of occurrence in accordance both with generally accepted practice and with any procedures established under federal law or the Revised Code creates a rebuttable presumption that the actions or omissions were not negligent.
(B) The liability of an individual or business entity, other than the owner or occupant of the affected building or real property, contracting with a licensed radon tester, mitigation specialist, or mitigation contractor for injury, death, or loss to person or property allegedly caused by the radon tester, mitigation specialist, or mitigation contractor is limited to actions or omissions that the individual or business entity knew, or reasonably should have known, were not, at the time of occurrence, in accordance with generally accepted practice or with any procedures established under federal law or the Revised Code.
(C) This section governs all claims for injury, death, or loss to person or property arising from radon testing or mitigation or the provision of any related advice.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Section 3723.01 | Radon Definitions.
Section 3723.03 | Time Limit on Practice by Out-of-State Licensees.
Section 3723.04 | Conditions for Performing Research Without License.
Section 3723.05 | Using Services of Radon Laboratory.
Section 3723.06 | Application for License - Issuance - Biennial Renewal.
Section 3723.07 | Approving Training Courses and Laboratories.
Section 3723.08 | Director of Health - Powers and Duties.
Section 3723.081 | Presence of Radon Mitigation Specialist.
Section 3723.09 | Adoption of Rules.
Section 3723.11 | List of Licensees - Copies.
Section 3723.12 | Releasing or Retaining Information on Specific Property.
Section 3723.13 | Records to Be Made Available for Examination.
Section 3723.14 | Radon Program Fund.
Section 3723.15 | Civil Actions.
Section 3723.16 | Prosecutions.
Section 3723.17 | Liability for Injury, Death or Loss Limited to Negligent Actions.
Section 3723.18 | Effect of Child Support Default on License.