Are you planning to buy a house somewhere in the United States? Or are you moving to a different state? Whether you are considering building a new house or living in a ready-built home, it is essential to know that you have several things to consider, such as radon testing. Remember, radon is a cancer-causing radioactive gas that can be found on soil and water. If the house where you live is located in an area where there are high radon levels, you might put your health in danger. Besides, there are states that require radon testing for homes.
Why is Radon Testing Important?
Radon is colorless, odorless, and tasteless, making it hard for people to know where it is. But what makes it dangerous is the particles created that can cause lung cancers and other respiratory diseases. This radioactive gas is present in the environment. But the problem is that radon levels become higher when it is present indoors. Therefore, there is a need for radon testing to ensure that every home and building is free from this cancer-causing gas.
Since radon is the second-leading cause of cancer in the United States, many states developed laws to ensure public safety. They have regulations that govern radon disclosure, radon certification, and radon mitigation. Some states also set mandatory radon testing provisions in homes and schools. This way, they can detect those places where there are high radon levels.
State Radon Laws
The states in the U.S. have different laws concerning radon. Some of these regions have developed mandatory laws, while others have implementations regarding radon disclosure. To familiarize yourself with the state radon laws, you may refer to the following guide prepared by Elizabeth Ann Geltman Glass, J.D., LLM, and Nichole LeClair.
- Thirty-seven states require disclosure during real estate transactions. Among these states include Alaska, California, Colorado, Connecticut, District of Columbia, Delaware, Florida, Hawaii, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Maine, Michigan, Minnesota, Montana, Mississippi, North Carolina, Nebraska, New Hampshire, New Jersey, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Washington, and Wisconsin. These states require disclosure through specific laws/regulations or their Real Estate Commission/Board.
- Seven states do not have any radon disclosure form, whether through legislative means or the Association of Realtors. These states are Alabama, Arkansas, Idaho, North Dakota, Virginia, West Virginia, and Wyoming.
- Four states require tenant disclosure by the landlord. These states include are Colorado, Florida, Illinois, and Maine.
- Twenty-five states have radon certification laws. Among these states are California, Connecticut, District of Columbia, Florida, Iowa, Illinois, Indiana, Kansas, Kentucky, Maryland, Maine, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, and West Virginia.
- Four states require testing in high priority buildings. These states are Illinois, Maine, New Hampshire, and Rhode Island.
- Nine states require testing in daycare centers. These states include Connecticut, Florida, Iowa, Illinois, Idaho, Michigan, New Hampshire, New Jersey, and Rhode Island.
- Thirteen states require testing in schools. Among these states include Colorado, Connecticut, Florida, Illinois, Maryland, Minnesota, New Jersey, New York, Ohio, Rhode Island, Tennessee, Virginia, and West Virginia.
- Eighteen states have radon mitigation laws. These states are California, Connecticut, Florida, Illinois, Indiana, Kansas, Kentucky, Maryland, Maine, Minnesota, New York, Ohio, Oregon, Pennsylvania, Rhode Island, and Virginia.
- Eleven states require radon-resistant new construction. These are California, Florida, Illinois, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Texas, Washington, and West Virginia.
- Twelve states require a public education program or radon awareness program. They are California, Florida, Georgia, Illinois, Indiana, Maine, Montana, New Hampshire, New Jersey, Utah, Virginia, and Wisconsin
- Eleven states impose civil penalties for misrepresenting radon readings. These include California, District of Columbia, Illinois, Indiana, Kansas, Kentucky, Nebraska, Ohio, Pennsylvania, South Carolina, and Tennessee.
- Eleven states impose criminal penalties for misrepresenting radon readings. They are Florida, Iowa, Illinois, Indiana, Kansas, Michigan, Nebraska, New Hampshire, New Jersey, Ohio, and West Virginia.
- Five states — Illinois, Indiana, Kansas, Nebraska, and Ohio — impose criminal and civil penalties for misrepresenting radon readings.
No matter where you are planning to live, it is crucial to know the radon state laws. Doing so can help you understand what to do before buying or relocating to the house. Not only can it help you take actions in decreasing radon levels at your new home. But it can also help you in avoiding penalties, especially from those states that require radon testing.
