Proposed Illinois Radon legislation

[James H. Bushart]

Originally Posted by aleleika

Those are my initial thoughts.

And good ones, too, IMO.

With the passage of each new law regulating or otherwise controlling the industry, a piece of freedom and the opportunity to apply ones own judgment or initiative is lost. You never get it back.

If radon is really an issue in Illinois that requires a law and such attention...for a moment, let's pretend that it is....why is your legislature limiting these inspections to homes being sold?

Isn't the danger more prevalant to the poor folks living in the home for 35 or 40 years...breathing that radon in every breath? Why does the care of your legislators rest only upon the new tenant and not the one who chooses not to sell, but to live in the home?

Why is there not a law being proposed that would simply require all homes be tested for radon within the next 10 years, and a report of that inspection being attached to the deed, along with receipts for remediation (when appropriate)?

Radon in Illinois is a problem...or it is not. The dangers are real for those living in these homes...or it is not. The danger does not increase when a "for sale" sign is placed in the yard.

This law is a sham.

[William J. Decker]

Originally Posted by jbushart

And good ones, too, IMO.

With the passage of each new law regulating or otherwise controlling the industry, a piece of freedom and the opportunity to apply ones own judgment or initiative is lost. You never get it back.

If radon is really an issue in Illinois that requires a law and such attention...for a moment, let's pretend that it is....why is your legislature limiting these inspections to homes being sold?

Isn't the danger more prevalant to the poor folks living in the home for 35 or 40 years...breathing that radon in every breath? Why does the care of your legislators rest only upon the new tenant and not the one who chooses not to sell, but to live in the home?

Why is there not a law being proposed that would simply require all homes be tested for radon within the next 10 years, and a report of that inspection being attached to the deed, along with receipts for remediation (when appropriate)?

Radon in Illinois is a problem...or it is not. The dangers are real for those living in these homes...or it is not. The danger does not increase when a "for sale" sign is placed in the yard.

This law is a sham.

Of course, Jim. Most laws are a sham.

They are, first and foremost, an attempt to get the legislators re-elected, and doing so by having the public pay for the priviledge.

An imperfect system, but the one we, in America, are stuck with.

To your point. Many of the older houses, with people living in them for 20 to 30 years, are not GFCI or AFCI protected. By your logic, since GFCI and AFCI protection makes the house safer (and we can agree to disagree on that) why not require that whenever there is a new technology that makes a house safer, that the state should mandate that every house be upgraded to the new standard?

This would highlight the 'grandfathering' joke that has existed for years, would it not.

Whenever I do an inspection, I am required to call things out in such a way as to provide information to the client that will:

1) Make the house safer (regardless of its age).
2) Make the house retain its value (integrety, not sale price) longer.

Again, I am not saying that I am in agreement with this legislation. But it will, (if passed) make the house safer and better protect my client's lives, won't it?

Isn't that the point?

[Joe Farsetta]

Inspectors can provide the testing for the buyer or seller. In either case, the inspector had better be prepared to use a device that detects tampering.

The continuing education class taught is probably no longer going to qualify, as an actual radon technician's course involves learning about physics. It would involve certification by NEHA or NRSB.

Those using CRMs or Sun Nuclear devices will most likely need to be registered by the state as a lab.

Al labs involved in the analysis of devices sent to them will likely need to be both EPA listed, as well as state certified.

To Gerry's point, it seems a bit heavy handed. Why not simply tie it to simple disclosure, and allow money to remain in escrow after the closing, so that, in the event that levels are at or above 4.0 pc\L, the escrow money can be used to mitigate the radon, and if things are fine, the seller gets his escrow money back.

[James H. Bushart]

Originally Posted by jfarsetta

Inspectors can provide the testing for the buyer or seller. In either case, the inspector had better be prepared to use a device that detects tampering.

I don't think "home inspectors" will be doing this anymore. At least not until we know what a "licensed radon contractor" is.

It looks as if the remediator must also be the inspector. Pretty objective, huh? I think we can see whose lobbiest helped draft this piece of crap.

Has this already been defined in some other legislation already on the books, or will it be an invention of this bill should it become law? Exactly how is a licensed radon contractor defined?

I notice that this (ahem) consumer protection bill does nothing for the tenants of rental property that continues to change tenants but remains under the same ownership for decades.

[Joe Farsetta]

Radon contractors are typically mitigation contractors.

EPA protocols prohibit mitigators from testing, or checking their own work.

I believe home inspectors will be the only ones doing this. Testing will likely be done at the initial inspection, of sometime after the sale.

That is, of course, if the law is actually passed.


- Super Greg
Number One

[Joseph Hagarty, CMI]

Joe F,


Radon Testing is currently a licensed business activity in the State of Illinois. The change does not impact how a Home Inspector operates their business unless they are currently licensed as a Radon Measurement Technician.


http://www.state.il.us/iema/radon/pdf/32ilac422.pdf

http://www.state.il.us/iema/radon/pdf/06appforlicenseexam.pdf


"The continuing education class taught is probably no longer going to qualify, as an actual radon technician's course involves learning about physics. It would involve certification by NEHA or NRSB."

I am not sure which CE Class you are referencing as I do not see NACHI currently listed as a CE providor.


http://www.state.il.us/iema/radon/apprcourse.htm

[Joe Farsetta]

Joe,

This is what I am speaking of.

http://www.nachi.org/forum/f13/il-state-international-association-certified-home-inspectors-radon-course-goes-well-93-ce-hours-awarded-11387/#post135692

[James H. Bushart]

Originally Posted by jfarsetta

Radon contractors are typically mitigation contractors.

EPA protocols prohibit mitigators from testing, or checking their own work.

This wording

the seller must have the property tested for radon and radon progeny by a licensed radon contractor and furnish the prospective buyer with the test results

appears to be in conflict with EPA protocol, does it not?

[Joseph Hagarty, CMI]

Originally Posted by jfarsetta

Joe,

This is what I am speaking of.

http://www.nachi.org/forum/showthread.php?p=135692

That is a CE Course for Home Inspectors. It does not qualify someone in Illinois to conduct Radon Testing without a State License.

[Joseph Hagarty, CMI]

Originally Posted by jbushart

Re: Proposed Illinois Radon legislation
Quote:
Originally Posted by jfarsetta
Radon contractors are typically mitigation contractors.

EPA protocols prohibit mitigators from testing, or checking their own work.





This wording
Quote:
the seller must have the property tested for radon and radon progeny by a licensed radon contractor and furnish the prospective buyer with the test results
appears to be in conflict with EPA protocol, does it not?

------------------------------------------------

Both categories (Testing & Mitigation) are separately licensed in Illinois. Have been for many years.

[William J. Decker]

Originally Posted by jfarsetta

The continuing education class taught is probably no longer going to qualify, as an actual radon technician's course involves learning about physics. It would involve certification by NEHA or NRSB.

Just for clarification, the CE course referenced was for home inspector CE and not for radon tech licensing or the like. That is a whole other couple of licenses, in Illinois.

[William J. Decker]

Originally Posted by jbushart

I don't think "home inspectors" will be doing this anymore. At least not until we know what a "licensed radon contractor" is.

This has been defined a long time ago. There are two three Radon licenses in Illinois. One for the technician (he who sets up and collects the measurement equipment), tester (He who reads the results and reports) and remediators (those who fix the problem when detected). There threee licenses have been around for a long while. Home inspectors can also get licenses for the above, but these licenses are not connected to the HI license.

It looks as if the remediator must also be the inspector. Pretty objective, huh? I think we can see whose lobbiest helped draft this piece of crap.

Actually, no. The law specifically says that he who tests cannot remediate and he who remediates cannot test (at least not on the same property).


Has this already been defined in some other legislation already on the books, or will it be an invention of this bill should it become law? Exactly how is a licensed radon contractor defined?

As stated above, three different licenses, all state licenses. Been around for a while.

I notice that this (ahem) consumer protection bill does nothing for the tenants of rental property that continues to change tenants but remains under the same ownership for decades.

Tenants don't (usually) live in a basement (in a multi unit building) and whould therefore not be likely to be affected by Radon. as to rental housing, I see your point.

Any other questions, they are most probably already answered on the state web site, here: http://www.state.il.us/iema/radon/radon.htm