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| Public Act 097-0981 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Child Care Act of 1969 is amended by adding | ||||
Section 5.8 as follows: | ||||
(225 ILCS 10/5.8 new) | ||||
Sec. 5.8. Radon testing of licensed day care centers, | ||||
licensed day care homes, and licensed group day care homes. | ||||
(a) Effective January 1, 2013, licensed day care centers, | ||||
licensed day care homes, and licensed group day care homes | ||||
shall have the facility tested for radon at least once every 3 | ||||
years pursuant to rules established by the Illinois Emergency | ||||
Management Agency. | ||||
(b) Effective January 1, 2014, as part of an initial | ||||
application or application for renewal of a license for day | ||||
care centers, day care homes, and group day care homes, the | ||||
Department shall require proof the facility has been tested | ||||
within the last 3 years for radon pursuant to rules established | ||||
by the Illinois Emergency Management Agency. | ||||
(c) The report of the most current radon measurement shall | ||||
be posted in the facility next to the license issued by the | ||||
Department. Copies of the report shall be provided to parents | ||||
or guardians upon request. | ||||
(d) Included with the report referenced in subsection (c) | ||
shall be the following statement: | ||
"Every parent or guardian is notified that this | ||
facility has performed radon measurements to ensure the | ||
health and safety of the occupants. The Illinois Emergency | ||
Management Agency (IEMA) recommends that all residential | ||
homes be tested and that corrective actions be taken at | ||
levels equal to or greater than 4.0 pCi/L. Radon is a Class | ||
A human carcinogen, the leading cause of lung cancer in | ||
non-smokers, and the second leading cause of lung cancer | ||
overall. For additional information about this facility | ||
contact the licensee and for additional information | ||
regarding radon contact the IEMA Radon Program at | ||
800-325-1245 or on the Internet at | ||
www.radon.illinois.gov.". | ||
Section 10. The Illinois Radon Awareness Act is amended by | ||
changing Section 10 as follows: | ||
(420 ILCS 46/10)
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Sec. 10. Radon testing and disclosure. | ||
(a) Except as excluded by Section 20 of this Act, the | ||
seller shall provide to the buyer of any interest in | ||
residential real property the IEMA pamphlet entitled "Radon | ||
Testing Guidelines for Real Estate Transactions" (or an | ||
equivalent pamphlet approved for use by IEMA) and the Illinois | ||
Disclosure of Information on Radon Hazards, which is set forth | ||
in subsection (b) of this Section, stating that the property | ||
may present the potential for exposure to radon before the | ||
buyer is obligated under any contract to purchase residential | ||
real property. Nothing in this Section is intended to or shall | ||
be construed to imply an obligation on the seller to conduct | ||
any radon testing or mitigation activities. | ||
(b) The following shall be the form of Disclosure of | ||
Information on Radon Hazards to be provided to a buyer of | ||
residential real property as required by this Section: | ||
DISCLOSURE OF INFORMATION ON RADON HAZARDS | ||
(For Residential Real Property Sales or Purchases) | ||
Radon Warning Statement | ||
Every buyer of any interest in residential real property is | ||
notified that the property may present exposure to dangerous | ||
levels of indoor radon gas that may place the occupants at risk | ||
of developing radon-induced lung cancer. Radon, a Class-A human | ||
carcinogen, is the leading cause of lung cancer in non-smokers | ||
and the second leading cause overall. The seller of any | ||
interest in residential real property is required to provide | ||
the buyer with any information on radon test results of the | ||
dwelling showing elevated levels of radon in the seller's | ||
possession. | ||
The Illinois Emergency Management Agency (IEMA) strongly | ||
recommends ALL homebuyers have an indoor radon test performed | ||
prior to purchase or taking occupancy, and mitigated if | ||
elevated levels are found. Elevated radon concentrations can | ||
easily be reduced by a qualified, licensed radon mitigator. | ||
Seller's Disclosure (initial each of the following which | ||
applies) | ||
(a).......... Elevated radon concentrations (above EPA or | ||
IEMA recommended Radon Action Level) are known to be present | ||
within the dwelling. (Explain) | ||
(b).......... Seller has provided the purchaser with the | ||
most current all available records and reports pertaining to | ||
elevated radon concentrations within the dwelling. | ||
(c).......... Seller either has no knowledge of elevated | ||
radon concentrations in the dwelling or prior elevated radon | ||
concentrations have been mitigated or remediated. | ||
(d).......... Seller has no records or reports pertaining | ||
to elevated radon concentrations within the dwelling. | ||
Purchaser's Acknowledgment (initial each of the following | ||
which applies) | ||
(e).......... Purchaser has received copies of all | ||
information listed above. | ||
(f).......... Purchaser has received the IEMA approved | ||
Radon Disclosure Pamphlet. | ||
Agent's Acknowledgment (initial) (if applicable) | ||
(g).......... Agent has informed the seller of the seller's | ||
obligations under Illinois law. | ||
Certification of Accuracy | ||
The following parties have reviewed the information above and | ||
each party certifies, to the best of his or her knowledge, that | ||
the information he or she provided is true and accurate. | ||
Seller Date Seller Date | ||
Purchaser Date Purchaser Date | ||
Agent Date Agent Date | ||
(c) If any of the disclosures required by this Section | ||
occurs 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.
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(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.) | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2013. | ||