We have researched the potential liabilities of municipal building inspectors around radon.
In many municipalities in BC, the Building Code now requires steps to address radon in new homes. In some cases municipalities will rely on Letters of Assurance from engineers and architects who themselves have duties regarding radon. However, municipalities may still inspect buildings before issuing occupancy permits. Municipal inspectors have a duty of care when conducting inspections. If inspectors are negligent in their duties, they can be liable. They may have to pay costs to ensure homes do not have high radon or compensation when people contract lung cancer from radon exposure.
Municipalities should take steps to know local radon levels. They should also make sure inspectors understand the issues surrounding radon, including helping them recieve certification from C-NRPP. Municipalities can work with builders and developers to ensure new homes fully address radon.
Click here to read a more detailed legal opinion entitled RADON: Rights and Liabilities in Construction Law which includes further information, resources, and legal analysis.