Many homes in the Chicago Area have radon in the air. In this article we will touch on several issues related to radon; its risks, how do we detect it, and how do we get rid of it. This article is not an exhaustive survey of all issues related to radon, but it can be a good jumping off point for the home buyer and seller.

What is Radon?
Radon is a colorless, odorless gas, which occurs naturally. The gas migrates through the soil and enters structures by coming through cracks and openings in the foundation. The gas is pulled up into the house when HVAC equipment operates moving air through the house from the basement level up through the attic and roof.

Radon is classified a Class A human carcinogen. It is estimated to be the second leading cause of lung cancer in the U.S. behind smoking. Therefore, if radon is detected in the home at or above the EPA set levels, it is always considered a threat to health or safety under the home inspection clause of the contract.

How do we know if radon is present in a home?
The only way to know if radon is present in a home is to run a radon test. Radon tests can be passive or active. Passive tests kits can be purchased at most home improvement stores. These testing kits are notoriously inaccurate and we do not recommend their use by our clients.

Hire Radon Professionals
We recommend our clients hire a licensed radon measurement professional who will conduct a 48 hour test using an active continuous monitor. These machines do not measure radon gas directly. They actually are based on the detection of alpha particles. Alpha particles are emitted by radioactive nuclei such as uranium or radium in a process known as alpha decay. The active continuous monitor tests give an hourly reading. The active continuous monitors also have technology which will allow a trained professional to tell if there has been any tampering which might affect the accuracy of the test.

Radon professionals are required to obtain an Illinois license and certification. In that process their equipment is sent to a qualified radon chamber facility where it is spiked in a blind manner and returned to the end user for analysis and reporting of results. Also, manufacturers of continuous radon monitors typically perform spiking for the purposes of research and development and for periodic checks to ensure that their calibration is correct. There are other requirements for monitors, such as annual calibrations and crosschecks.

Radon Professionals Must Follow Protocols
In Illinois, radon measurement professionals must follow the protocols established by the Illinois Emergency Management Agency (IEMA). These protocols regulate how many monitors must be used, where they must be placed and how they must be placed. Improper placement and too few monitors are the most common mistakes.

Monitor Quantity
How many monitors should be used depends on the features of the house.

One Monitor
- If there is only a slab, the monitor should be placed in the room right above the slab.
- If there is a basement, the monitor should be placed in the basement itself.

Two Monitors

- If there is a basement and a crawl, then a monitor should be placed in the basement itself AND near the crawl.
- If there is a basement and a slab, then a monitor should be placed in the basement itself AND in the room right above the slab.

Three Monitors
- If there is a basement, crawl, and a slab, then a monitor should be placed in the basement itself, AND near the crawl, AND in the room right above the slab.

Monitor Placement
The general rule is that a monitor must be placed in the lowest area of a home suitable for occupancy, even if it is not presently occupied. The placement of the monitors in any of the areas outlined above is further regulated. The monitor should be:

- Twenty inches to six feet above the floor
- At least one foot from exterior walls
- At least three feet from exterior doors and windows
- Away from areas of heat, fireplaces, furnaces, direct sunlight, and areas of high humidity ? this means that the monitor should NOT be near a sump or ejector pit
- At least four inches away from anything to the sides or above the monitor

Closed House Conditions
Short term continuous monitoring tests must be conducted under ?closed house conditions.?
Closed house conditions means that for the 12 hours before the test begins and for the 48 hours the test runs:
- All external doors are kept closed except for normal entering and exiting.
- All windows are kept closed.
- Exhaust fans, vent fans, dryers or window air conditioners must not be operated, except for small exhaust fans that operate for only a short time.
- Fireplaces must not be used and their damper must be closed.
- The home?s normal heating and cooling systems can be used, re-circulating air conditioning should be used if possible.

Controls will be in place during the test and the test results may be deemed invalid if these closed-house conditions are not followed during this process.

Condo- Townhouse ? New Construction
These protocols apply even if the structure is a condo or townhouse.
Radon can be present even in new construction. Many builders install the piping for a radon remediation system when they build a new home.

The New Illinois Radon Awareness Act

As of January 1, 2008, Sellers are required to provide a disclosure to Buyers regarding radon hazards and any information known to the Sellers regarding elevated levels of radon in the home. Sellers are not required conduct a radon test or engage in remediation before selling. The disclosure form must be signed by all parties, and then retained in the Listing agent?s records. Sellers must also provide Buyers with the Illinois Emergency Management Agency (IEMA) Form ?Radon Testing Guidelines for Real Estate Transactions.?

The Act shall only apply to transfers by sale of residential real property.

Certain transactions are exempt from the new act. Those are:
Taking by foreclosure or deed in lieu
Transfers ordered by a court, e.g. probate or divorce court orders
Transfers between family members and/or co-owners
Transfers from a Re-Lo company to a buyer (EXCEPT the Re-Lo Company must provide a copy of the disclosure they were given by their seller)
Transfers to or from governmental entities

Remediation

If a proper test discloses that radon is present in the home at or above 4.0 pCi/l (pico Curies per liter) then the home has radon above the EPA ?Action Level.? It is strongly recommend that remediation be undertaken. We recommend that only a licensed radon mitigation professional be used to install a mitigation system.

Passive mitigation involves sealing up cracks, holes, etc. and sealing the sump and ejector pits. This can be effective, but more frequently is not.

We recommend the installation of an Active Sub-slab Depressurization (ASD) radon mitigation system. This system involves the installation of vent pipes at critical points to trap and direct radon to escape the home under controlled conditions. Once the piping is installed a small fan is placed at the exit point of the home and a negative air pressure is created. This draws the radon gas from under the foundation and blows it up and out above the base of the roofline.

As of 2008, such ASD systems cost from $900.00 to $1,500.00 to install. They are worth every penny.

The experienced real estate attorneys at
Cavenagh, Garcia & Associates, Ltd.
are ready assist you with any questions or issues that
may arise with any of your real state transactions.