County First in US to Require Radon Gas Testing

Montgomery residents who sell their homes will have to test for radon and give buyers the results under a bill passed unanimously by the County Council on Tuesday.

Montgomery is the first locality in the country to establish a radon testing requirement, according to the bill’s sponsor, council member Craig Rice (D-Upcounty). Like many other recent regulatory measures passed by the council, however, there are few provisions for enforcement. The radon bill does not specify penalties for noncompliance.

“We’re just trying to get people to test,” Rice said, likening the new requirement to having carbon monoxide detectors in homes and other common safety measures.

Maryland is one of several states that require sellers to disclose to buyers any knowledge of radon in their homes. Buyers often request the test anyway as a condition of sale.

But the Montgomery County attorney’s office told the council that the state law does not create an explicit obligation on the part of the seller to determine whether radon is an issue.

[Do energy-efficient homes lead to elevated radon levels?]

Radon is an invisible radioactive gas produced by the natural breakdown of uranium in rocks and soil. It enters homes through foundation cracks and other openings. According to the Environmental Protection Agency , it is the leading cause of lung cancer among non-smokers and the second-leading cause of lung cancer, after cigarette smoking, for the general population.

Montgomery, Fairfax and other counties in Maryland and Virginia are a “Zone 1” radon risk, according to the EPA. The rating means that indoor radon levels are likely to exceed four picocuries per liter of air. A picocurie is a trillionth of a curie, a measure of radiation.

At that level, the EPA recommends installation of relatively inexpensive ventilation systems that suction the gas out of the ground and into the air.

The real estate industry opposed the county bill, citing the potential for increased costs for sellers. Prior to the vote, the council rejected a last-minute amendment from an industry trade group, the Greater Capital Area Association of Realtors, that would have exempted new single-family homes being sold for the first time.