Real Estate and Builders

Real estate transactions provide a unique opportunity for radon testing, because other inspections of property conditions occur at that time (termite, structural integrity, moisture, other indoor air pollutants, etc.).  The Notification on Real Estate Documents [section 404.056(5), Florida Statutes (F.S.)] shall be provided “at time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement”. 

This statute requires the following disclosure statement: 

“RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”

Many real estate agents network with home inspectors who may also be certified by the Radon and Indoor Air Program to perform professional radon measurements. However, not all home inspectors are radon certified.  Note that only Florida certified radon businesses and professionals shall provide radon related services for a fee or remuneration.  Note that the US Environmental Protection Agency (EPA), Federal Housing Administration (FHA) and US Department of Housing and Urban Development (HUD) recommend and now require testing for radon.

Some real estate agents may feel that radon testing may jeopardize the sale or rental of dwellings or other buildings. This may prove to be a liability. In the past, the Florida Department of Business and Professional Regulation has fined these real estate agents for failing to provide radon test disclosures to clients, and have ordered them to attend a series of education classes.

Many real estate agents carry insurance which includes a statement of errors and omissions, and other statements about pre-sale or pre-rental.

Radon risk in Florida dwellings and buildings, and professionals providing radon services, is regulated by Florida Statute. The notification on real estate documents shall be provided “at time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement.” However, “residential transient occupancy is excluded provided that such occupancy is 45 days or less.”

Additionally, you should know that only Florida certified radon businesses and professionals shall provide radon related services for a fee or other remuneration.

• Listings of Florida certified radon businesses and professionals and other radon information is available from the department directly, by telephone at 850-245-4288, 800-543-8279, or by email.
• EPA has developed a Home Buyer’s and Seller’s Guide to Radon which is available to anyone interested.

As a realtor, I have been told by home inspectors that my county has elevated radon levels. How can I addresses this with my clients?
Radon is found everywhere, and the only way to know the levels in any particular building is to test that structure.  Florida Statute 404.056(5) requires the following notification about radon in real estate transactions:

“RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”

Radon is like any other issue encountered in a real estate transaction, and elevated levels can be reduced. To further discuss radon measurement in real estate transactions or for any other issues please call 800-543-8279.

If you are concerned about the radiation risk to you and your family in your home, the first thing to do is perform a radon test. Radon is the primary cause of lung cancer among non-smokers and is the second leading cause of lung cancer after smoking.

Radon at the average indoor level of 1.3 pCi/L constitutes the single largest source of radiation exposure for the average American. Radon comes from the radioactive breakdown of naturally occurring radium found in most Florida soils, and in most earthen material used in the building process. In the vast majority of buildings with radon problems, the largest source of radon is soil gas entering the building through small openings in the foundation.

Since any building has a limited volume of air, indoor radon concentrations can be many times that of outdoor air, about 0.4 pCi/L. Radon testing can be a simple first step for determining if there is any chance that the granite in your home could be a significant radiation risk. If you perform a radon test and the radon level is low, then the likelihood of there being a significant amount of radiation emanation from your countertops is extremely low.

To test for radon, you can use radon test kits from your local home improvement store or internet retailers, or you may contact a State of Florida certified measurement business. If you use a home test kit, only use a kit listed with either the National Radon Proficiency Program or the National Radon Safety Board. Follow the testing procedures in the U.S. Environmental Protection Agency’s Citizen’s Guide to Radon and mitigate for elevated radon if appropriate.

There have been thousands of radon mitigations in Florida. Never has a Florida radon mitigation required that a granite counter top be removed to protect the home occupants.

With the concern over the radioactive risk potential of granite countertops, it is important to remember that we are always exposed to a certain level of background radiation. All granite, and most earthen materials, contain trace amounts of uranium and radium, emit gamma radiation and release radon gas.

While the Florida Department of Health has not performed a study specifically designed to evaluate any health risks of granite counter tops, staff from DOH’s Bureau of Radiation Control and Radon Program have had the opportunity over the years to survey various granite samples for gamma emissions, including a few granite counter tops, and have yet to find granite to be a significant gamma radiation hazard. The term ‘significant’ is used because there is measurable gamma radiation from granite as radiation is always around us, just not at levels of concern.

If you still wish to have your granite counter tops evaluated for their potential for radiation exposure, please be aware there are no state or federal standards for analysis or the professionals performing the service. Evaluating the gamma radiation and radon emanations from the granite are two separate steps that may require different specialists with slightly different knowledge sets and experience.   Should the professional make a determination of your risk from radon, provide radon in air measurement services, make recommendations on strategies to reduce radon levels, they must be certified by this office.

The gamma radiation exposure evaluation would start with a survey performed with a dose rate meter. This is a device that evaluates not only the rate of radioactivity, but the energies of the gamma photons. The individual performing the survey would then need to be able to evaluate the measured dose rates against occupancy and use patterns in the area to determine an estimated annual exposure. While there are no radiation exposure standard standards specific to granite counter tops, there are two standards that may be referenced in any professional evaluation:

1. There is general guidance on radiation exposures in buildings and radiation exposure from naturally occurring radioactive materials. Chapter 64E-5.1001 of the Florida Administrative Code recommends that the mean gamma exposure rate in a building should not exceed 20 micro roentgens per hour including the background. This standard allows for localized areas in the building to have a higher gamma exposure rate provided that the overall mean does not exceed the standard. There is no guidance on how to interpret or implement this standard. Whether it should be calculated based on actual occupancy and usage patterns or as a simple average across the entire building space.
2. Nuclear Regulatory Commission has a public dose limit due to licensed activities of 100 mrem/year. This is a dose above the average person’s exposure of 360 mrem/year. This standard has been used in proposed standards for exposures to the public from naturally occurring radioactive materials.

Evaluating the radon producing potential of any material involves the evaluation of how much radon comes out of the surface per unit time. The technique used is often referred to as a ‘radon flux’ or ‘flux bucket’ measurement. A container of a known volume of air is sealed to the surface to be measured for a set period of time. A radon testing device is used to measure the change in concentration of radon in the container. A calculation must then be applied to evaluate the contribution from the radon in the container to the entire volume of air in the building.

In Florida, DOH certifies persons who perform radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of such measurements. Most of the state certified professionals only have experience in radon for indoor air measurements. You may need to ensure that the radon measurement specialist of the radon testing company has reviewed and approved any procedures related to the radon emanation measurements.

Overview of Florida Building Code and Standards

Between 1989-1995 the Florida Department of Business and Professional Regulation developed standards for radon resistant new construction and the mitigation of radon in existing structures. The standards for radon resistant new construction are divided into two categories: residential and large building.

The residential standard is for single family homes and duplexes. The large building standard applies to all other construction. The standards are applied according to the DBPR’s radon protection maps. These maps identify areas in the state where additional radon resistant construction features in new construction are recommended.

Currently these standards are voluntary. It would take a majority of the building permit issuing agencies in any county to adopt them for the standards to become a required code within that county.

All mitigators are required to follow the mitigation standards as a condition of their radon mitigation certificate.

Radon Resistant Construction Standards

Florida Standards for Radon-Resistant New Construction are currently included as appendices of the Florida Building Code.

Documents are available from Department of Business and Professional Regulation (section 553.98, Florida Statutes).

Residential Standard

The residential standard includes, as an attachment, Design Guidance For Residential Active Radon Control Systems. The residential radon resistant standard is included the Florida Administrative Code, 9B-3, by reference. This standard should be applied according to the DBPR Radon Protection Map.

• Residential Radon-Resistant Construction Standard 
• Florida Standard for Passive Radon-Resistant New Residential Building Construction, Appendix F – Chapter 9B-52

Radon Mitigation Standard

Florida Standard for Mitigation of Radon in Existing Buildings- All radon mitigation businesses are required to follow this standard:

• Mitigation Standard 
• Appendix C, Florida Building Code

The large building standard is included in Florida Administrative Code, 9B-3, by reference. This standard should be applied according to the Florida Department of Business and Professional Regulation’s Large Building Radon Protection Map.

• Large Building Radon-Resistant Construction 

These maps were developed through a comprehensive research study coordinated in the mid-1990s.

The counties below have areas where the addition of radon resistant construction features are recommended to prevent radon problems (more than 5% of new large buildings are expected to have annual average radon levels above the U.S. Environmental Protection Agency action level in the identified areas).

Counties not listed are those where fewer than 5% of new large buildings are expected to have elevated radon levels, so additional radon resistant construction techniques may not be needed to prevent radon problems.

Recommendations for Large Buildings (County Maps)

The county maps will identify areas where additional radon resistant construction features should be incorporated in new construction to reduce the likelihood of elevated radon levels in a new buildings. It does not reflect radon levels in existing structures. It should NOT be used for predicting indoor radon levels in buildings that have not been tested for radon.The only way to know if a building has a radon problem is to test the building.

For more information on radon resistant construction:

• Contact the Department of Business and Professional Regulation, Building Codes and Standards
• More detailed radon protection zone information is available through the University of Florida Geoplan Center.

The Florida Department of Business and Professional Regulation, Division of Codes and Standards developed these radon protection maps.

The counties below have areas where the addition of radon resistant construction features are recommended to prevent radon problems (more than 5% of new homes are expected to have annual average radon levels above the U.S. Environmental Protection Agency’s action level in the identified areas).  Counties not listed are those where fewer than 5% of new homes are expected to have elevated radon levels, so additional radon resistant construction techniques may not be needed to prevent radon problems.

Radon Protection Maps for Single Family Home and Duplexes

The following is the legend text from the original DCA published versions of the map:

Radon is a colorless, odorless, radioactive gas generated by the decay of uranium through its radium decay product. Radon from naturally-occurring uranium in soils can enter buildings through pores and cracks in their foundations. Depending on the rates of radon entry and building ventilation, radon can accumulate indoors to levels that increase the risk of lung cancer. Both passive and active features can be built into homes to resist radon entry. However, these features add an incremental cost for new homes and usually a greater cost if installed later. Therefore it is helpful to know if homes in a given region are likely to need radon-resistant features. The Florida residential radon standard seeks to keep radon as low as reasonably achievable, not to exceed 4 pCi/L. This map shows which regions need different degrees of supplementary radon protection to protect public health and satisfy the standard.

The Florida radon protection map was developed from calculated soil radon potentials of nearly four thousand different regions of Florida to identify where passive and active radon protection may be needed and where present construction practices are adequate. To keep radon levels as low as reasonably achievable, passive radon controls are required in each map region where more than 5% of the area is predicted to have radon levels above 4 pCi/L. In regions where the passive radon controls would still allow more than 5% of the area to exceed 4 pCi/L, the passive controls must be supplemented by active radon controls.

The indoor radon levels in each different region were computed from simulated rates of radon entry into a reference house from the different soils comprising the region. Radon levels in the reference house were shown to correspond to measured levels in detached houses on a state-wide average basis.

These maps should NOT be used to estimate or predict radon concentrations in existing buildings or determine the need to test existing buildings.For more information on radon resistant construction:

• Contact the Department of Business and Professional Regulation, Division of Codes and Standards
• More detailed radon protection zone information is available through the University of Florida Geoplan Center.

These trainings are awareness courses on the radon resistant new construction (RRNC) techniques of the Florida Statewide Building Code.  The Florida Home Builders Association will be providing such training in the future.