HB4606 EngrossedLRB097 13736 CEL 58287 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by adding
5Section 5.8 as follows:
 
6    (225 ILCS 10/5.8 new)
7    Sec. 5.8. Radon testing of licensed day care centers,
8licensed day care homes, and licensed group day care homes.
9    (a) Effective January 1, 2013, licensed day care centers,
10licensed day care homes, and licensed group day care homes
11shall have the facility tested for radon at least once every 3
12years pursuant to rules established by the Illinois Emergency
13Management Agency.
14    (b) Effective January 1, 2014, as part of an initial
15application or application for renewal of a license for day
16care centers, day care homes, and group day care homes, the
17Department shall require proof the facility has been tested
18within the last 3 years for radon pursuant to rules established
19by the Illinois Emergency Management Agency.
20    (c) The report of the most current radon measurement shall
21be posted in the facility next to the license issued by the
22Department. Copies of the report shall be provided to parents
23or guardians upon request.

 

 

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1    (d) Included with the report referenced in subsection (c)
2shall be the following statement:
3        "Every parent or guardian is notified that this
4    facility has performed radon measurements to ensure the
5    health and safety of the occupants. The Illinois Emergency
6    Management Agency (IEMA) recommends that all residential
7    homes be tested and that corrective actions be taken at
8    levels equal to or greater than 4.0 pCi/L. Radon is a Class
9    A human carcinogen, the leading cause of lung cancer in
10    non-smokers, and the second leading cause of lung cancer
11    overall. For additional information about this facility
12    contact the licensee and for additional information
13    regarding radon contact the IEMA Radon Program at
14    800-325-1245 or on the Internet at
15    www.radon.illinois.gov.".
 
16    Section 10. The Illinois Radon Awareness Act is amended by
17changing Section 10 as follows:
 
18    (420 ILCS 46/10)
19    Sec. 10. Radon testing and disclosure.
20    (a) Except as excluded by Section 20 of this Act, the
21seller shall provide to the buyer of any interest in
22residential real property the IEMA pamphlet entitled "Radon
23Testing Guidelines for Real Estate Transactions" (or an
24equivalent pamphlet approved for use by IEMA) and the Illinois

 

 

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1Disclosure of Information on Radon Hazards, which is set forth
2in subsection (b) of this Section, stating that the property
3may present the potential for exposure to radon before the
4buyer is obligated under any contract to purchase residential
5real property. Nothing in this Section is intended to or shall
6be construed to imply an obligation on the seller to conduct
7any radon testing or mitigation activities.
8    (b) The following shall be the form of Disclosure of
9Information on Radon Hazards to be provided to a buyer of
10residential real property as required by this Section:
 
11
DISCLOSURE OF INFORMATION ON RADON HAZARDS
12
(For Residential Real Property Sales or Purchases)

 
13Radon Warning Statement
 
14    Every buyer of any interest in residential real property is
15notified that the property may present exposure to dangerous
16levels of indoor radon gas that may place the occupants at risk
17of developing radon-induced lung cancer. Radon, a Class-A human
18carcinogen, is the leading cause of lung cancer in non-smokers
19and the second leading cause overall. The seller of any
20interest in residential real property is required to provide
21the buyer with any information on radon test results of the
22dwelling showing elevated levels of radon in the seller's
23possession.
 

 

 

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1    The Illinois Emergency Management Agency (IEMA) strongly
2recommends ALL homebuyers have an indoor radon test performed
3prior to purchase or taking occupancy, and mitigated if
4elevated levels are found. Elevated radon concentrations can
5easily be reduced by a qualified, licensed radon mitigator.
 
6Seller's Disclosure (initial each of the following which
7applies)
8    (a).......... Elevated radon concentrations (above EPA or
9IEMA recommended Radon Action Level) are known to be present
10within the dwelling. (Explain)
11    (b).......... Seller has provided the purchaser with the
12most current all available records and reports pertaining to
13elevated radon concentrations within the dwelling.
14    (c).......... Seller either has no knowledge of elevated
15radon concentrations in the dwelling or prior elevated radon
16concentrations have been mitigated or remediated.
17    (d).......... Seller has no records or reports pertaining
18to elevated radon concentrations within the dwelling.
 
19Purchaser's Acknowledgment (initial each of the following
20which applies)
21    (e).......... Purchaser has received copies of all
22information listed above.
23    (f).......... Purchaser has received the IEMA approved

 

 

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1Radon Disclosure Pamphlet.
 
2Agent's Acknowledgment (initial) (if applicable)
3    (g).......... Agent has informed the seller of the seller's
4obligations under Illinois law.
 
5Certification of Accuracy
6The following parties have reviewed the information above and
7each party certifies, to the best of his or her knowledge, that
8the information he or she provided is true and accurate.
9Seller            Date            Seller            Date
10Purchaser         Date            Purchaser         Date
11Agent             Date            Agent             Date
 
12    (c) If any of the disclosures required by this Section
13occurs after the buyer has made an offer to purchase the
14residential real property, the seller shall complete the
15required disclosure activities prior to accepting the buyer's
16offer and allow the buyer an opportunity to review the
17information and possibly amend the offer.
18(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.)
 
19    Section 99. Effective date. This Act takes effect January
201, 2013.