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Radon

Radon

Radon is a cancer-causing natural radioactive gas that you can’t see, smell or taste. Its presence in our home can pose a danger to your family's health. Radon is the leading cause of lung cancer among non-smokers, and the second leading cause of lung cancer in America, claiming about 20,000 lives annually. 

Radon gas comes from the natural (radioactive) breakdown of uranium in soil, rock and water.  It is found in every part of the U.S., and can get into any type of building - homes, offices, and schools - and result in a high indoor radon level. The greatest exposure occurs at home, where most people spend most of their time.

Radon bottleRadon Legislation and Statutes

States have taken action to address the threat of radon to their constituents. Click the following links to see the legislation lawmakers have passed to actively address the concerns of radon in their states.

Radon Map

Radon is present everywhere in the United States. Levels of the gas differ from state to state, but it is particularly high in North Dakota and Iowa. The U.S. Environmental Protection Agency’s Map of Radon Zones shows the potential for elevated radon levels for each county in the United States.

Additional NCSL Radon Resources

Radon Resources

Note: NCSL provides links to other websites from time to time for information purposes only.  Providing these links does not necessarily indicate NCSL's support or endorsement of the site.

State Radon Statutes Chart

State

Statute Citation

Statute Summary

Alabama

No Code

 

Arizona

Ariz. Rev. Stat. § 27-371

Radon Control. Concentrations of radon gas shall not exceed such amounts as may be set by the inspector.

 

Ariz. Rev. Stat. § 27-372

Uranium operations; testing for radon daughters. In all uranium operations the operator shall test regularly for radon daughter concentration and submit such records of testing as may be required to the inspector.

 

Ariz. Rev. Stat. § 33-423

Radon Disclosure. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller, including information on radon gas potential zones as shown on current maps issued by the United States environmental protection agency

Arkansas

No Code

 

Alaska

No Code

 

California

Cal.Health & Safety Code § 105430

Radon levels in new buildings; assessment and mitigation plans; building permits; cost-effective controls; operative effect of section

 

Cal.Health & Safety Code § 106750

Establishment of certification requirements

 

Cal.Health & Safety Code § 106775

Radon services

 

Cal.Health & Safety Code § 106780

Performance of radon services; prerequisites

 

Cal.Health & Safety Code § 106790

Exemptions.

 

Cal.Health & Safety Code  § 106795

Violations; Penalty. It is unlawful for an individual to provide radon services in violation of this article

 

Cal.Health & Safety Code § 25417.1

The department shall publish a new edition of the consumer information booklet

 

Cal.Bus. & Prof.Code § 10084.1

Consumer education booklet, environmental hazards; development and contents

Colorado

Colo. Rev. Stat. § 25-7-109.3

Colorado hazardous air pollutant control and reduction program. Includes Radon decay products.

 

Colo. Rev. Stat. § 6-1-105

Deceptive Trade Practice. A person engages in a deceptive trade practice whenKnowingly makes a false representation as to the results of a radon test or the need for radon mitigation

Connecticut

Conn. Gen. Stat. §10-220

Duties of boards of education. Requires board of education shall provide for a uniform inspection and evaluation program of the indoor air quality within such buildings

 

Conn. Gen. Stat. §10-231f

Indoor Air Quality Committee. Each local and regional board of education may establish an indoor air quality committee for each school district or facility to increase staff and student awareness of facets of the environment that affect the health of the occupants of school facilities including, but not limited to, air quality, water quality and the presence of radon

 

Conn. Gen. Stat. §10-291

Approval of Site Plans. Dept of Education shall not approve a site if the site is in an area of moderate or high radon potential, as indicated in the Department of Environmental Protection's Radon Potential Map, or similar subsequent publications, except where the school building project plan incorporates construction techniques to mitigate radon levels in the air of the facility

 

Conn. Gen. Stat. §19a-14b

Radon mitigators, diagnosticians and testing companies. Regulations

 

Conn. Gen. Stat. §19a-37b

Regulations establishing radon measurement requirements and procedures for evaluating radon in indoor air and reducing radon in public schools

 

Conn. Gen. Stat. § 20-327b

Residential contion reports. Information concerning environmental matters such as radon would be of interest to a buyer

 

Conn. Gen. Stat. § 20-420

Contractors performing radon mitigation. The contractor is certified as a radon mitigator by the National Radon Safety Board or the National Environmental Health Association

 

Conn. Gen. Stat. § 20-427

Holder to exhibit and advertise certificate, when. Prohibited acts. Penalties. Certificates not transferable. Expiration. Renewal. Building permits

DC

DC Code § 28-4201

Radon proficiency.

Delaware

Del. Code Ann. Title 16, §7402

Established radon program.

 

Del. Code Ann. Title 6, §2572A

Radon testing and disclosure.  Every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon

Florida

Fla. Stat. § 404.056

Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules

 

Fla. Stat. § 553.98

Development of building codes for radon-resistant buildings

 

FL ADC 64E-5.12

No person may test for or mitigate the presence of radon in Florida for a fee or other remuneration unless such person has been certified as provided by this part

Georgia

No Code

 

Hawaii

No Code

 

Idaho

No Code

 

Illinois

105 ILCS 5/10-20.48

Radon Testing in Schools. recommended that every occupied school building of a school district be tested every 5 years for radon pursuant to rules established by the Illinois Emergency Management Agency (IEMA).

 

225 ILCS 10/5.8

Radon testing of licensed day care centers, licensed day care homes, and licensed group day care homes

 

420 ILCS 44/1 to 44/90

Radon Industry Licensing Act

 

420 ILCS 44/5

Legislative Declaration

 

420 ILCS 46/1 to 46/99

Illinois Radon Awareness Act

 

420 ILCS 52/1 to 52/99

Radon Resistant Construction Act.

 

765 ILCS 77/35

Residential Real Property Disclosure report form.

 

815 ILCS 505/2U; 815 ILCS 505/2V; 815 ILCS 505/2W

Misrepresentation of testing or results

Indiana

Ind. Code Ann. §16-41-38, 1 to 10

Radon Gas

 

In. Adm. Code 410 IAC 5.1

Radon

Iowa

Iowa Code §136B .1 to .5

Radon Testing

 

IA ADC 641-43.1(136B)

Purpose and Scope

Kansas

Kan. Stat. Ann.  § 58-3078a

Radon Disclosure

Kentucky

Ky. Rev. Stat. §211.9101 to .9135

Cabinets's role as radon control agency

 

902 KAR 95:040

Radon Contractor Certification Program.

Louisiana

La. Rev. Stat. Ann. § 40:740  et seq.

This statute notes the acceptable levels for hundreds of pollutants/toxins, including radon.

Maine

Me. Rev. Stat. Ann. Title 22 Ch. 165; 22 §771 to §784

Radon Registration Act

 

Me. Rev. Stat. Ann. Title 33 §173

Required Disclosures

Maryland

Md. Environmental Code Ann. §8-305

Testing for Radon

 

Md. Housing & Community Development Code §4–930

Radon and Asbestos Abatement Pilot Program.

 

Md. Real Property Code §10-603; 10-604; 10-702

Required Disclosures; Home warranty

Massachusetts

Mass. Gen. Law ch. 13 § 97

Board of registration of home inspectors; duties; informational brochure on home inspections

 

Mass. Gen. Law ch. 112 § 222

Licensure as home inspector; qualifications; license period; renewal; exceptions for other professionals

Michigan

Mich. Comp. Laws § 565.957

Disclosures; Form

Minnesota

Minn. Stat. §§116C.76

Nuclear waste depository release into groundwater

 

 

Subdivision 1. Radionuclide release levels

 

Minn. Stat. §§ 123B.57

Capital expenditure; health and safety. (e) A plan to test for and mitigate radon produced hazards.

 

Minn. Stat. §§ 144.496

Radon Awareness Act; disclosure

 

Minn. Stat.  §§ 326B.106

Radon code. The commissioner of labor and industry shall adopt rules for radon control as part of the State Building Code for all new residential buildings.

Mississippi

No Code

 

Missouri

No Code

 

Montana

Mont. Code Ann. §§75-3-601 to 607

Montana Radon Control Act

 

Mont. Code Ann. §75-3-606

Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability.

Nebraska

Neb. Rev. Stat. § 71-3501 et seq.

To maximize the protection practicable for the citizens of Nebraska from radon or its decay products by establishing requirements for (a) appropriate qualifications for persons providing measurement and mitigation services of radon or its decay products and (b) radon mitigation system installations.

Nevada

Nev. Rev. Stat. §459.300

Regulation of Mills and By-Products

New Hampshire

N.H. Rev. Stat. Ann. §§ 125.9

Duties of Dept of Health and Human Services. Investigate complaints of poor indoor air quality and conduct inspections of buildings and dwellings, upon request, for the presence of radon or other health hazards present in indoor air;

 

N.H. Rev. Stat. Ann. § 477:4-a

Notification Required; Radon Gas and Lead Paint; disclosure

New Jersey

N.J. Rev. Stat. §13:1K-14

Residential property contaminated with radon gas or radon progeny; inspection and testing; removal; certification; costs

 

N.J. Rev. Stat. §18A:20-40

Radon testing; public school buildings

 

N.J. Rev. Stat. §26:2D-59 to 26:2D-80

Radon gas and radon progeny; study

 

N.J. Rev. Stat. §26:2D-60

Study of cancer and the presence of radon gas and radon progeny; registry of persons at risk of radiogenic lung cancer

 

N.J. Rev. Stat. §26:2D-71

Certification of persons who mitigate and safeguard buildings from presence of radon

 

N.J. Rev. Stat. §26:2D-73

Disclosure of address or owner of treated nonpublic building; prohibition; written waiver; exemptions; sale of building

 

N.J. Rev. Stat. §52:27D-123a to 52:27D-123d

Radon hazard code standards; application to school or residential buildings; contents; immunity from liability of contractor

 

N.J. Rev. Stat. §52:27D-123b

Construction permit for new school or residential building in tier one area; conditions for issuance

New Mexico

No Code

 

New York

N.Y. Real Property Law § 462

Radon Disclosure

 

10 NYCCR 16.130

Radon testing and reporting

North Carolina

N.C. Gen. Stat. § 47E-4. Required disclosures

Radon Disclosure

North Dakota

No Code

 

Ohio

Oh. Adm. Code 3701-69

Radon Testing, Mitigation and Laboratories

Oregon

Or. Rev. Stat. § 433.521

Indoor air quality standards; establishment; content

 

Or. Rev. Stat. § 105.464

Radon Disclosure

Oklahoma

No Code

 

Pennsylvania

Pa. Cons. Stat. Title 63 § 2001 to 2014

Radon Certification Act.

 

Pa. Cons. Stat. Title 35 § 7110.101-7131.1101

Empowering the Department of Environmental Resources to implement a radiation protection program.

 

25 Pa. Code Ch. 24

Radon Certification Regulations

Rhode Island

R.I. Gen. Laws § 5-20.8-2

Real Estate Disclosure Requirements, including radon.

 

R.I. Gen. Laws § 23-61-1 to 23-61-9

The general assembly recognizes that radon is an odorless, colorless, tasteless, and radioactive gas that occurs naturally in soil and groundwater; that radon enters homes and buildings through openings in foundations, decays to form radon progeny, and unless vented to the atmosphere, accumulates in buildings and becomes hazardous to human health, and prolonged exposure to elevated concentrations of radon decay products has been associated with increases in the risk of lung cancer. The general assembly recognizes that there is a need to protect human health and prevent exposure to elevated concentrations of radon.

 

Rules and Regulations For Radon Control R23-61-RC

Regulations for Radon Control.

 

R.I. Gen. Laws § 42-72.1-5

General License. Provides an exemption for a school age child day care program  for a separate fire, building, or radon inspection, when the program is at a elementary or secondary school which has already been found in compliance with the inspections.

South Carolina

S.C. Code 1976 § 27-50-40

Real Estate Disclosure Requirements, including radon.

South Dakota

S.D. Codified Laws §43-4-44

Property condition disclosure statement.

Tennessee

Tenn. Code Ann. § 49-2-121

School indoor air quality. Encourages LEA to test for radon.

Texas

Texas Health and Safety Code Ann. §401.233

Radioactive Materials; Monitoring Requirements

 

Texas Property Code §5.008401.233

Real Estate Disclosure Requirements, including radon.

Utah

Utah Code Ann. §26-7-7

Radon Awareness Campaign

 

Utah Code Ann. §58-55-305

Licensing for radon mitigation system installers.

Vermont

No Code

 

Virginia

Va. Code §22.1-138

Minimum standards for public school buildings

 

Va. Code §32.1-228.1

Designates the Department of Health as the state radiation control agency.

 

Va. Code §32.1-228.01

Requires radon screening, testing and mitigation proficiency.

Washington

Wash. Code § 4.24.560

Defense for injuries from indoor air pollutants.

 

Wash. Code §19.27.190

RRNC. Requires the minimization of indoor radon gas in new construction.

 

Wash. Code § 64.06.020

Real Estate Disclosure Requirements, including radon.

 

Wash. Code § 70.162.005

Indoor air quality standards; establishment; content

West Virginia

W. Va. Code §16-34-1 to 16-34-14

Licensure of radon mitigators, testers, contractors and laboratories.

 

W. Va. Code §18-9E-3

Air quality in new schools; includes radon testing.

 

W. Va. Code §48-15-201

Penalties for radon licensure.

Wisconsin

Wis. Stat. §254.34(h)

Authorizes Department of Health to address radon hazards, including training and registration.

Wyoming

No Code

 
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