The Radon Awareness Act

for Illinois

(Effective 08-10-2009)

 

Public Act 095-0210

 

HB1425 Enrolled

LRB095 08963 AJO 29154 b


    AN ACT concerning civil law.

 

    Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

 

    Section 1. Short title. This Act may be cited as the

Illinois Radon Awareness Act.

 

    Section 5. Definitions. As used in this Act, unless the

context otherwise requires:

    (a) "Agent" means a licensed real estate "broker" or

"salesperson", as those terms are defined in Section 1-10 of

the Real Estate License Act of 2000, acting on behalf of a

seller or buyer of residential real property.

    (b) "Buyer" means any individual, partnership,

corporation, or trustee entering into an agreement to purchase

any estate or interest in real property.

    (c) "Final settlement" means the time at which the parties

have signed and delivered all papers and consideration to

convey title to the estate or interest in the residential real

property being conveyed.

    (d) "IEMA" means the Illinois Emergency Management Agency

Division of Nuclear Safety.

    (e) "Mitigation" means measures designed to permanently

reduce indoor radon concentrations according to procedures

described in 32 Illinois Administrative Code Part 422.


    (f) "Radon hazard" means exposure to indoor radon

concentrations at or in excess of the United States

Environmental Protection Agency's, or IEMA's recommended Radon

Action Level.

    (g) "Radon test" means a measurement of indoor radon

concentrations in accordance with 32 Illinois Administrative

Code Part 422 for performing radon measurements within the

context of a residential real property transaction.

    (h) "Residential real property" means any estate or

interest in a manufactured housing lot or a parcel of real

property, improved with not less than one nor more than 4

residential dwelling units.

    (i) "Seller" means any individual, partnership,

corporation, or trustee transferring residential real property

in return for consideration.

 

    Section 10. Radon testing and disclosure.

    (a) Except as excluded by Section 20 of this Act, the

seller shall provide to the buyer of any interest in

residential real property the IEMA pamphlet entitled "Radon

Testing Guidelines for Real Estate Transactions" (or an

equivalent pamphlet approved for use by IEMA) and the Illinois

Disclosure of Information on Radon Hazards, which is set forth

in subsection (b) of this Section, stating that the property

may present the potential for exposure to radon before the

buyer is obligated under any contract to purchase residential


real property. Nothing in this Section is intended to or shall

be construed to imply an obligation on the seller to conduct

any radon testing or mitigation activities.

    (b) The following shall be the form of Disclosure of

Information on Radon Hazards to be provided to a buyer of

residential real property as required by this Section:

 

DISCLOSURE OF INFORMATION ON RADON HAZARDS

(For Residential Real Property Sales or Purchases)


 

Radon Warning Statement

 

    Every buyer of any interest in residential real property is

notified that the property may present exposure to dangerous

levels of indoor radon gas that may place the occupants at risk

of developing radon-induced lung cancer. Radon, a Class-A human

carcinogen, is the leading cause of lung cancer in non-smokers

and the second leading cause overall. The seller of any

interest in residential real property is required to provide

the buyer with any information on radon test results of the

dwelling showing elevated levels of radon in the seller's

possession.

 

    The Illinois Emergency Management Agency (IEMA) strongly

recommends ALL homebuyers have an indoor radon test performed

prior to purchase or taking occupancy, and mitigated if


elevated levels are found. Elevated radon concentrations can

easily be reduced by a qualified, licensed radon mitigator.

 

Seller's Disclosure (initial each of the following which

applies)

    (a).......... Elevated radon concentrations (above EPA or

IEMA recommended Radon Action Level) are known to be present

within the dwelling. (Explain)

    (b).......... Seller has provided the purchaser with all

available records and reports pertaining to elevated radon

concentrations within the dwelling.

    (c).......... Seller has no knowledge of elevated radon

concentrations in the dwelling.

    (d).......... Seller has no records or reports pertaining

to elevated radon concentrations within the dwelling.

 

Purchaser's Acknowledgment (initial each of the following

which applies)

    (e).......... Purchaser has received copies of all

information listed above.

    (f).......... Purchaser has received the IEMA approved

Radon Disclosure Pamphlet.

 

Agent's Acknowledgment (initial) (if applicable)

    (g).......... Agent has informed the seller of the seller's

obligations under Illinois law.

 


Certification of Accuracy

The following parties have reviewed the information above and

each party certifies, to the best of his or her knowledge, that

the information he or she provided is true and accurate.

Seller            Date            Seller            Date

Purchaser         Date            Purchaser         Date

Agent             Date            Agent             Date

 

    (c) If any of the disclosures required by this Section

occurs after the buyer has made an offer to purchase the

residential real property, the seller shall complete the

required disclosure activities prior to accepting the buyer's

offer and allow the buyer an opportunity to review the

information and possibly amend the offer.

 

    Section 15. Applicability. This Act shall only apply to

transfers by sale of residential real property.

 

    Section 20. Exclusions. The provisions of this Act do not

apply to the following:

        (1) Transfers pursuant to court order, including, but

    not limited to, transfers ordered by a probate court in

    administration of an estate, transfers between spouses

    resulting from a judgment of dissolution of marriage or

    legal separation, transfers pursuant to an order of


    possession, transfers by a trustee in bankruptcy,

    transfers by eminent domain, and transfers resulting from a

    decree for specific performance.

        (2) Transfers from a mortgagor to a mortgagee by deed

    in lieu of foreclosure or consent judgment, transfer by

    judicial deed issued pursuant to a foreclosure sale to the

    successful bidder or the assignee of a certificate of sale,

    transfer by a collateral assignment of a beneficial

    interest of a land trust, or a transfer by a mortgagee or a

    successor in interest to the mortgagee's secured position

    or a beneficiary under a deed in trust who has acquired the

    real property by deed in lieu of foreclosure, consent

    judgment or judicial deed issued pursuant to a foreclosure

    sale.

        (3) Transfers by a fiduciary in the course of the

    administration of a decedent's estate, guardianship,

    conservatorship, or trust.

        (4) Transfers from one co-owner to one or more other

    co-owners.

        (5) Transfers pursuant to testate or intestate

    succession.

        (6) Transfers made to a spouse, or to a person or

    persons in the lineal line of consanguinity of one or more

    of the sellers.

        (7) Transfers from an entity that has taken title to

    residential real property from a seller for the purpose of


    assisting in the relocation of the seller, so long as the

    entity makes available to all prospective buyers a copy of

    the disclosure form furnished to the entity by the seller.

        (8) Transfers to or from any governmental entity.

 

    Section 99. Effective date. This Act takes effect January

1, 2008.


Effective Date: 1/1/2008


Disclose, disclose, disclose.  The Illinois Radon Awareness Act becomes effective January 1, 2008.  As of January 1, 2008, anyone who sells residential real property (housing structure with 1-4 units) must give a prospective buyer two radon related documents:

1.   A disclosure form in which the seller discloses any awareness of high radon levels in the home.

  1. 2. A pamphlet entitled, "Radon Testing Guidelines for Real Estate Transactions". or click the above documents.  The pamphlets are provided by the Illinois Emergency Management Agency, Division of Nuclear Safety.  

Although the new law does not require sellers to test for radon in the home or to reduce the concentration if elevated levels are found, the seller and buyer are free to negotiate whether further testing or remediation are necessary.

The law only applies to residential properties with “not less than one nor more than four residential dwelling units.” There are some exemptions including residential real estate property transfers that result from the following:

- A court order
- Transfer to a mortgagor to a mortgagee after foreclosure
- To a fiduciary through an estate, guardianship, conservatorship or trust
- A transfer between co-workers
- A transfer from an estate according to provisions in a will, or to statue where there is no will
- Transfer to a spouse or other blood relation
- A relocation company who has taken the title, where the original seller has provided the required disclosures
- To or from a governmental body

In addition, since the law is not effective until January 1, 2008, it only applies to residential transactions entered on or after this date. If you have a contract pending that was signed prior to January 1, 2008, the law will not apply.

Sellers and brokers are cautioned to err on the side of full disclosure of material facts prior to entering into a purchase agreement.  Many people opt to test their home and repair any radon issues that surface before they put the house on the market.

The government agency that oversees all professional radon testing in Illinois is the Illinois Emergency Management Agency Division of Nuclear Safety's (IEMA).  Feel free to visit their radon publications page for information on radon testing in Illinois. 

For radon information by telephone call (800) 325-1245 (Information Line) or to speak to an IEMA Radon Program staff member call (217) 782-1325.

Illinois Radon Disclosure Form

for Seller to Provide to Buyer

Radon Testing Guidelines Pamphlet

Radon Testing Guidelines Sheet

   
Sellers Must Provide Disclosure Form (1) and Approved Pamphlet (2) to Buyers

1.

2.

2.

or

Public Act 96-0195 (8/10/09):  
~ Prohibits the selling of any radon measurement device that has not been approved by IEMA (examples: Safety Sirens etc. are examples of devices NOT ALLOWED to be used or sold in any way in Illinois)

~ Requires all electronic radon detection devices sold in Illinois to be calibrated.

~ Creates the Radon-Resistant Building Codes Task Force to recommend codes and rules
Public Act 96-0278 (8/11/09):  
~ Adds a requirement to the Illinois Radon Awareness Act that sellers of real estate disclose to buyer if prior elevated radon levels have been mitigated or remedied

~ Exempts real estate units on the third floor or higher from the Illinois Radon Awareness Act
Public Act 96-0417 (8/13/09):  
~ Recommends that school districts test school buildings every five years

~ Recommends radon-resistant construction techniques for new school construction

~ Requires schools that do test to report results to the State Board of Education

~  Requires the Board of Education to report biannually to the General Assembly

~  Authorizes IEMA to allow school staff to test their buildings if they have been trained
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