Real Estate Law
What Is Radon? Should You Have A Radon Test Performed?Q: What is Radon?A: Radon is an odorless and colorless radioactive gas which is released by natural decomposition or decay of Uranium, which is commonly found in soil and rock. Normally, Radon is naturally occurring but may also be a bi-product of industrial processing. According to the United States Environmental Protection Agency (USEPA) and the New Jersey Department of Environmental Protection (NJDEP), Radon has been linked and may cause lung damage and lung cancer over a period of years to those who are exposed to Radon. Q: Are there any laws governing Radon disclosure or testing?A: Yes. The Radon Act of New Jersey (N.J.S.A. 26:2d-70 et. seq.) was enacted to establish a program to regulate the testing for and mitigation of Radon. No person may be paid to perform testing for or mitigation of Radon unless certified by the New Jersey Department of Environmental Protection. Testing for Radon and/or the test results are referred to in terms of picocuries per liter (pCi/1). A picocurie per liter is a standard measure of the concentration of radioactivity in the air. Normally, test results that exceed four (4) pCi/1 should require remedial action. According to the U.S. Environmental Protection Agency, no level of Radon is considered totally safe. There are health risks at even low levels.The USEPA estimates that the risk of dying from lung cancer as a result of seventy (70) years exposure to a level of 4.0 pCi/1 of Radon for 75% of the time is equivalent to the risk of smoking 10 cigarettes a day or having 200 x-rays a year. Q: How is Radon mitigated in houses?A: Normally, levels of Radon can be mitigated in residents through the use of an exhaust or blower system which, if installed, should be installed by a professional. Although there is no law which establishes the acceptable level of Radon, the common custom to use is 4.0 pCi/1. If a Radon contingency is utilized in any real estate contract, the actionable level should be specifically identified, i.e. the level that the Seller or Buyer can cancel the contract or take remedial action. For more information, please contact Blair C. Lane, Sr., at 856-528-3010. Initial consultations are free. |
