Radon
Radon is a naturally occurring, colorless, odorless, tasteless, radioactive gas produced by the decay of other radioactive substances. Radon is measured in picocuries (a unit of radiation) contained in a liter of air (i.e., pCi/L). Radon is found in every state and territory, with radon levels in the outdoor air averaging 0.4 pCi/L. Fans and thermal “stack effects” (i.e., rising hot air draws cooler air in from the ground through cracks in the basement and foundation walls) pulls radon into buildings.
The potential for developing lung cancer from exposure to radon is a function of the extent and the length of a person’s exposure to radon. Radon has been classified as a “Class A” known human carcinogen. Furthermore, smokers have a risk factor 15 times greater than nonsmokers.
Because neither the EPA nor current scientific consensus has been able to establish a “threshold” safe level of radon exposure, the EPA suggests an “action” level of 4 pCi/L. The action level of 4 was chosen because 95 percent of the time, current technology can bring the level below 4, and 75 percent of the time, levels can be reduced to 2 pCi/L. Radon mitigation is less expensive when the system is installed during construction; mitigation consists of removing the radon before it seeps into the house. A fan is installed in a pipe running from the basement to the attic to draw the radon up and out.
The Illinois Radon Awareness Act requires a seller to provide to a buyer, before the buyer is obligated under any contract to purchase residential real property, a Disclosure of Information on Radon Hazards along with a pamphlet entitled “Radon Testing Guidelines for Real Estate Transactions” stating that the property may present the potential for exposure to radon.
In short, the act requires a separate disclosure document for radon to be included in the majority of residential real estate transactions. The disclosure document:
- has a radon warning statement advising buyers that the home may pose a threat to their
health if it has elevated levels of radon and that all homes should be tested for radon, - requires that a seller provide an Illinois Emergency Management Agency (IEMA) approved pamphlet about general radon information to a buyer and disclose all information along with any available documentation of the radon levels in the home,
- requires that real estate agents sign the disclosure to confirm that seller has been made aware of her obligations,
- requires that all parties involved sign the disclosure acknowledging the transfer of the above information, and
- requires that sellers must disclose that they have no knowledge of elevated radon concentrations or that prior elevated radon concentrations have been mitigated or remediated.
The act does not require that all homes in a real estate transaction be tested or that the home be mitigated if the test results are elevated. It also does not apply to the transfer of any residential dwelling unit located three stories (or higher) above ground level in any structure.
If any of the required disclosures occur 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.
The provisions of this act do not apply to:
- transfers pursuant to court order,
- 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, 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,
- transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust,
- transfers from one co-owner to one or more other co-owners,
- transfers pursuant to testate or intestate succession,
- transfers made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the sellers,
- 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,
- transfers to or from any governmental entity, and
- transfers of any residential dwelling unit located three stories (or higher) above ground level in any structure.
Formaldehyde
Formaldehyde, a colorless chemical with a strong, pronounced odor, is used widely in the
manufacture of building materials and many household products because of its preservative characteristics. Often emitted as a gas, formaldehyde is one of the most common and problematic
volatile organic compounds (VOCs) and is one of the few indoor air pollutants that can be measured. Formaldehyde was listed as a hazardous air pollutant in the Clean Air Act Amendments of 1990.
The largest source of formaldehyde in any building is likely to be the off-gassing from pressed-wood products made from using adhesives that contain urea-formaldehyde (UF) resins. It is also used in carpeting and ceiling tiles.
Urea-formaldehyde foam insulation (UFFI), once popular, then banned, and now legal again, is rarely used.
Carbon Monoxide
Carbon monoxide (CO) is a colorless, odorless gas that occurs due to incomplete combustion as a by-product of burning such fuels as wood, oil, and natural gas. Furnaces, water heaters, space heaters, fireplaces, and wood stoves all produce CO as a natural result of combustion. When these appliances function properly and are properly ventilated, CO emissions are not a problem. However, when improper ventilation or equipment malfunctions permit large quantities of CO to be released into a residence or commercial structure, it poses a significant health hazard. More than 300 deaths from carbon monoxide poisoning occur each year, with thousands of others requiring hospital emergency room care.
Illinois requires that all residences be equipped with working carbon monoxide detectors.
Polychlorinated biphenyls (PCBs)
These consist of more than 200 chemical compounds that are not found naturally in nature. Flame resistant, they were often used in electrical equipment such as transformers, electrical motors in refrigerators, caulking compounds, and hydraulic oil in older equipment. The EPA has classified PCBs as reasonably carcinogenic, and they have been implicated in lower fertility and shortened life spans. Although the commercial distribution of PCBs was banned in 1979, PCBs remain in the environment because burning them at more than 2,400 degrees in a closed environment is the only known way to destroy them.
PCBs are most likely a concern for commercial and industrial property managers. These managers should ask the local utility company to identify and remove any type of transformer that might be a source of PCBs. If the PCBs leak into the environment, penalties and removal methods are expensive.
Chlorofluorocarbons
Chlorofluorocarbons (CFCs) are nontoxic, nonflammable chemicals containing atoms of carbon, chlorine, and fluorine. CFCs are most often used in air conditioners, refrigerators, aerosol sprays, paints, solvents, and foam blowing applications. Although CFCs are safe in most applications and are inert in the lower atmosphere, once CFC vapors rise to the upper atmosphere, they can deplete ozone.
Electromagnetic Fields
Electromagnetic fields (EMFs) are generated by the movement of electrical currents. The use of any electrical appliance creates a small field of electromagnetic radiation; clock radios, blow-dryers, televisions, and computers all produce EMFs. The major concern regarding EMFs involves high-tension power lines. The EMFs produced by these high-voltage lines, as well as by secondary distribution lines and transformers, are suspected of causing cancer, hormonal changes, and behavioral abnormalities. There is considerable controversy (and much conflicting evidence) about whether EMFs pose a health hazard.