Full Text of HB4606 097th General Assembly
HB4606enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by adding | 5 | | Section 5.8 as follows: | 6 | | (225 ILCS 10/5.8 new) | 7 | | Sec. 5.8. Radon testing of licensed day care centers, | 8 | | licensed day care homes, and licensed group day care homes. | 9 | | (a) Effective January 1, 2013, licensed day care centers, | 10 | | licensed day care homes, and licensed group day care homes | 11 | | shall have the facility tested for radon at least once every 3 | 12 | | years pursuant to rules established by the Illinois Emergency | 13 | | Management Agency. | 14 | | (b) Effective January 1, 2014, as part of an initial | 15 | | application or application for renewal of a license for day | 16 | | care centers, day care homes, and group day care homes, the | 17 | | Department shall require proof the facility has been tested | 18 | | within the last 3 years for radon pursuant to rules established | 19 | | by the Illinois Emergency Management Agency. | 20 | | (c) The report of the most current radon measurement shall | 21 | | be posted in the facility next to the license issued by the | 22 | | Department. Copies of the report shall be provided to parents | 23 | | or guardians upon request. |
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| 1 | | (d) Included with the report referenced in subsection (c) | 2 | | shall 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 | 17 | | changing 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 | 21 | | seller shall provide to the buyer of any interest in | 22 | | residential real property the IEMA pamphlet entitled "Radon | 23 | | Testing Guidelines for Real Estate Transactions" (or an | 24 | | equivalent pamphlet approved for use by IEMA) and the Illinois |
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| 1 | | Disclosure of Information on Radon Hazards, which is set forth | 2 | | in subsection (b) of this Section, stating that the property | 3 | | may present the potential for exposure to radon before the | 4 | | buyer is obligated under any contract to purchase residential | 5 | | real property. Nothing in this Section is intended to or shall | 6 | | be construed to imply an obligation on the seller to conduct | 7 | | any radon testing or mitigation activities. | 8 | | (b) The following shall be the form of Disclosure of | 9 | | Information on Radon Hazards to be provided to a buyer of | 10 | | residential real property as required by this Section: | 11 | | DISCLOSURE OF INFORMATION ON RADON HAZARDS | 12 | | (For Residential Real Property Sales or Purchases) | 13 | | Radon Warning Statement | 14 | | Every buyer of any interest in residential real property is | 15 | | notified that the property may present exposure to dangerous | 16 | | levels of indoor radon gas that may place the occupants at risk | 17 | | of developing radon-induced lung cancer. Radon, a Class-A human | 18 | | carcinogen, is the leading cause of lung cancer in non-smokers | 19 | | and the second leading cause overall. The seller of any | 20 | | interest in residential real property is required to provide | 21 | | the buyer with any information on radon test results of the | 22 | | dwelling showing elevated levels of radon in the seller's | 23 | | possession. |
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| 1 | | The Illinois Emergency Management Agency (IEMA) strongly | 2 | | recommends ALL homebuyers have an indoor radon test performed | 3 | | prior to purchase or taking occupancy, and mitigated if | 4 | | elevated levels are found. Elevated radon concentrations can | 5 | | easily be reduced by a qualified, licensed radon mitigator. | 6 | | Seller's Disclosure (initial each of the following which | 7 | | applies) | 8 | | (a).......... Elevated radon concentrations (above EPA or | 9 | | IEMA recommended Radon Action Level) are known to be present | 10 | | within the dwelling. (Explain) | 11 | | (b).......... Seller has provided the purchaser with the | 12 | | most current all available records and reports pertaining to | 13 | | elevated radon concentrations within the dwelling. | 14 | | (c).......... Seller either has no knowledge of elevated | 15 | | radon concentrations in the dwelling or prior elevated radon | 16 | | concentrations have been mitigated or remediated. | 17 | | (d).......... Seller has no records or reports pertaining | 18 | | to elevated radon concentrations within the dwelling. | 19 | | Purchaser's Acknowledgment (initial each of the following | 20 | | which applies) | 21 | | (e).......... Purchaser has received copies of all | 22 | | information listed above. | 23 | | (f).......... Purchaser has received the IEMA approved |
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| 1 | | Radon Disclosure Pamphlet. | 2 | | Agent's Acknowledgment (initial) (if applicable) | 3 | | (g).......... Agent has informed the seller of the seller's | 4 | | obligations under Illinois law. | 5 | | Certification of Accuracy | 6 | | The following parties have reviewed the information above and | 7 | | each party certifies, to the best of his or her knowledge, that | 8 | | the information he or she provided is true and accurate. | 9 | | Seller Date Seller Date | 10 | | Purchaser Date Purchaser Date | 11 | | Agent Date Agent Date | 12 | | (c) If any of the disclosures required by this Section | 13 | | occurs after the buyer has made an offer to purchase the | 14 | | residential real property, the seller shall complete the | 15 | | required disclosure activities prior to accepting the buyer's | 16 | | offer and allow the buyer an opportunity to review the | 17 | | information 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 | 20 | | 1, 2013. |
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