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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Certified Inspectors Can Help You Check For Radon
Stuart Lieberman, Esq.,

If you are a home purchaser, especially if you are purchasing a house in a state known to have serious radon problems, you need to determine whether the house contains unsafe radon levels. Although some say that radon can be found most anywhere in the U.S., there are certain states that are more likely to contain houses with radon hazards.

Why is this an important issue? Because, at certain levels, prolonged radon exposure can kill you. When most people think of lung cancer, they think of people smoking cigarettes. Granted, this is a common way to contract lung cancer. But, the second leading cause of lung cancer in the United States is radon.

Estimates vary depending on the source, but thousands of people, perhaps 14,000 people, die each year as a result of radon related lung cancer. Experts have become much more sophisticated in understanding radon exposure over the past ten years.

What is radon? Radon is a gas that cannot be smelled or tasted. It is found, at various levels, in many parts of the United States. However, there are some states which are more radon prone. The hottest radon spots identified thus far are Pennsylvania, New Jersey, and New York. Each state has a phone number that can be called to determine the extent of potential radon hazard that exists in the state.

According to the EPA, it is believed that nearly one out of every 15 homes in this country has unacceptable indoor radon levels. Radon can also be a problem in workplaces and schools.

Radon usually comes from certain rocks that contain radioactive particles. Radon enters homes through small foundation cracks. Also, drinking water that comes into contact with these rocks can also become radon infected.

There is a controversy over the amount of radon that can be safely consumed through drinking water. The EPA has been dealing with this issue for years. Where water is affected, allowing water to run may help lower levels since radon can become airborne in this manner. If your drinking water contains radon, you should consult with your water company to better understand what this means for you and your family.

In the air, radon is measured in picocuries per liter (PCi/l) of air. While the EPA recommends no action for levels under 4 Pci/l, this does not mean that you should not take some protective measures. Action is recommended if indoor air levels exceed 4 Pci/l and prompt action is urged when levels exceed 200 PCi/l.

Radon detection kits can be purchased for approximately fifteen dollars. They are fairly simple to use and are readily available at hardware and department stores. When the test is completed, users mail their air samples to the manufacturer for analysis.

One popular commercially available test relies on a charcoal canister, which provides results following a two to seven-day period of evaluation. Other tests can last for months.

However, depending on where you are located, radon testing may only be legal by a home owner for use in his or her own home. Many states certify professionals to perform radon sampling. Since this is an important test, especially in areas known to contain high radon levels, prudence might suggest allowing a professional to undertake this work.

The American Lung Associations suggests that all homes be tested below the third floor for the presence of radon. It also urges that testing be done in the nation's schools. Since radon levels can vary by season, long term testing might provide the most accurate information. Short term tests might miss seasonal fluctuations, and thus might be less reliable.

There are two methods for dealing with high radon levels. In one method, foundation cracks are plugged to keep radon out. The second approach requires installation of a pipe that connects the sub-terrain soils to an attic ventilation fan. The idea is to pull the radon out of the soil and into the atmosphere. This may cost, on average, two thousand dollars.

Again, if you have a radon problem, a professional radon abatement company should be retained for this work. This is too important to do any other way.

The EPA and many states have radon programs. For example, New Jersey's Department of Environmental Protection has a special radon section. And Florida has developed radon maps, which identify portions of the state that require more intensive protective measures.

As you can see, radon is serious business. Just because it cannot be seen, does not mean it is not present. If you are buying a house, radon sampling may make sense before you close, not after. If radon is found, inform the seller and determine who will pay for the fix, and exactly what fix will be used.


The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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