Michigan Laws Related to Mold

Are there laws in the State of Michigan related to mold issues?

It might seem surprising, but the State of Michigan does not have laws that require anyone to cleanup, remove, or report mold in any indoor environment. Also, the State of Michigan does not have a program to address issues related to mold, other than to provide people basic information about mold clean-up. Moreover, the State of Michigan does not certify or license contractors for mold removal.

However, laws do exist that cover certain situations that involve indoor mold. The following is a list government agencies that may be able to provide guidance if your house or apartment has indoor mold.

Landlord and tenant relationships: If a tenant is renting an apartment or house, that person has the right to expect certain minimum standards referred to as "warranties of habitability" that provide minimum standards of decent, safe, sanitary housing specified in the state or local housing code. For more information on landlord-tenant relationships go to: http://www.tenant.net/Other_Areas/Michigan/index.html.

Fraud in mold remediation companies: If you believe you are a victim of fraudulent business practices from a company involved in mold remediation, contact: Michigan Attorney General's Office, Michigan Consumer Protection Division, P.O. Box 30213-7713, Lansing, MI 48909, (517) 373-1140

Legal issues related to new home construction and mold: If you have questions about laws regarding new housing construction and contractors actions related to mold, contact: Michigan Department of Labor & Economic Growth, Bureau of Commercial Services/Enforcement Division, P.O. Box 30018, Lansing MI 48909, (517) 241-9202

For more information on mold:

• Michigan Department of Community Health Toxics and Health hotline and website: 1-800-648-6942, www.michigan.gov/mdch-toxics
• Your local public health department, find it at http://www.malph.org/page.cfm/108/
• Centers for Disease Control: http://www.cdc.gov/mold/
• National Center for Housing and the Environment: http://www.stopmold.org/

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Have You Heard the Story of Stanley Watras?

Stanley J. Watras was a construction engineer at the Limerick nuclear power plant in Pottstown, Pennsylvania. A monitor was installed at the plant to check workers to make sure they did not accidentally accumulate an unsafe dose of radiation at work.

One day, on his way to work, Mr. Watras entered the plant and set off the radiation monitor alarms that help protect workers by detecting exposure to radiation. Safety personnel checked him out, but could not find the source of the radiation. Interestingly, because the plant was under construction at the time, there was no nuclear fuel at the plant, so there was no way for Mr. Watras to have been exposed to any radiation at work.

Eventually, they discovered that Mr. Watras was not picking up the radiation at work, but rather was bringing it to work from home! A team of specialists was sent to the Mr. Watras' home to investigate. There, they measured radiation levels about 700 times higher than the maximum level considered safe for human exposure (the home tested at 2,700 pCi/L and a safe level is at or below 4 pCi/L). The source of this enormous amount of radiation turned out to be radon, a naturally-occurring gas that made its way into the Watras home from underground. It had nothing to do with Mr. Watras’ job. The entire family was living in an environment roughly equivalent to smoking a couple of hundred packs of cigarettes per day. They moved out of the house immediately, while the problem was being fixed.

After Mr. Watras and his family evacuated their house, the United States Environmental Protection Agency (EPA) and Pennsylvania officials turned it into a laboratory for long-term measurement of radon and radon decay products and evaluation of radon mitigation techniques. After many months, they reduced the radon concentration to an acceptable level, and the family was able to return. After installing a radon-reduction system, radon levels in the home tested below 4 pCi/L.

Although this case occurred in 1984, residential indoor radon exposure as a health hazard flies below the radar of many real estate professionals. Radon is a Class A carcinogen, which means it is known to cause cancer in humans. Most people do not know that radon is the second leading cause of lung cancer in the United States, resulting in approximately 21,000 lung cancer deaths each year. Only smoking causes more lung cancers.

The U.S. Surgeon General and the EPA recommend that all homes in the United States be tested for radon. In fact, in May 1993, the National Association of Realtors (NAR) joined the EPA in urging all Americans to test their homes for radon. The NAR encouraged state associations to develop and support legislation or regulation requiring mandatory property condition disclosure, including radon, by the seller.

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123 ConEd LLC offers online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Radon Health Risks

Radon gas is a naturally occurring radioactive gas that is invisible and odorless. It forms from the radioactive decay of small amounts of uranium and thorium naturally present in rocks and soils so some radon exists in all rocks and soils. Because radon is a gas, it can easily move through soil and cracks in building slabs or basement walls and concentrate in a building’s indoor air. The U.S. Surgeon General and the EPA recommend that all homes in the United States be tested for radon.

Radon is a Class A carcinogen, which means it is known to cause cancer in humans. Most people do not know that radon is the second leading cause of lung cancer in the United States, resulting in approximately 21,000 lung cancer deaths each year. Only smoking causes more lung cancers.

The problem occurs when radon and radon decay products ("RDPs") are breathed in. Radon is exhaled, as are many of the RDPs, but some of the RDPs get trapped in the lungs. As they undergo radioactive decay and emit alpha energy, the alpha particles can strike sensitive lung tissue, causing physical and/or chemical damage to the DNA. When alpha particles strike and damage a lung cell, the cell will either:

• Die (which seems like a bad thing, but new cells are generated to replace dead cells)
• Repair itself and heal
• Try to repair itself, but do so incorrectly. Eventually, this can lead to the formation of cancerous cells.

Not everyone who breathes radon will develop lung cancer. Your risk is determined by such things as:

• How much radon is in your indoor environment.
• The amount of time you spend in that indoor environment.
• Whether you smoke or ever have smoked.

The only known health effect of radon is an increased risk of lung cancer, and exposure to elevated radon levels does not result in any warning symptoms like headaches, nausea, fatigue, or skin rashes. The only way to know whether you are being exposed to elevated radon levels is to test your home (and other indoor environments).

Many national and international organizations believe radon is an important environmental health concern, and they support testing for radon and reducing exposure to elevated radon levels. Just a few of those organizations are listed below:

• American Lung Association
• American Medical Association
• Centers for Disease Control
• Environmental Protection Agency
• International Commission on Radiological Protection
• National Academy of Science
• National Council on Radiation Protection and Measurement
• U.S. Surgeon General
• Health Organization

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We offer online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Radon Myths and Facts

There are a lot of misconceptions about radon with respect to homes and real estate. Here are a few of the most common radon-related myths and the true facts.

MYTH: Scientists are not sure that radon really is a problem.

FACT: Although some scientists dispute the precise number of deaths due to radon, all the major health organizations (like the Centers for Disease Control and Prevention, the American Lung Association and the American Medical Association) agree with estimates that radon causes thousands of preventable lung cancer deaths every year. This is especially true among smokers, since the risk to smokers is much greater than to non-smokers. According to the EPA, the are over 21,000 radon-related deaths in the United States each year.

MYTH: Radon testing is difficult, time-consuming and expensive.

FACT: Radon testing is easy. You can test your home yourself or hire a qualified radon test company. Either approach takes only a small amount of time and effort.

MYTH: Radon testing devices are not reliable and are difficult to find.

FACT: Reliable testing devices are available from qualified radon testers and companies. Reliable testing devices are also available by phone or mail-order, and can be purchased in hardware stores and other retail outlets. Call your state radon office for help in identifying radon testing companies.

MYTH: Homes with radon problems can't be fixed.

FACT: There are simple solutions to radon problems in homes. Hundreds of thousands of homeowners have already fixed radon problems in their homes. According to the EPA, radon levels can be readily lowered for $800 to $2,500 (with an average cost of $1,200). Call your state radon office for help in identifying qualified mitigation contractors.

MYTH: Radon affects only certain kinds of homes.

FACT: House construction can affect radon levels. However, radon can be a problem in homes of all types: old homes, new homes, drafty homes, insulated homes, homes with basements, and homes without basements. Local geology, construction materials, and how the home was built are among the factors that can affect radon levels in homes. The only way to tell if a specific home has elevated levels of radon is to test.

MYTH: Radon is only a problem in certain parts of the country.

FACT: High radon levels have been found in every state. Radon problems do vary from area to area, but the only way to know your radon level is to test.

MYTH: A neighbor's test result is a good indication of whether your home has a problem.

FACT: It's not. Radon levels can vary greatly from home to home. The only way to know if your home has a radon problem is to test it.

MYTH: Everyone should test their water for radon.

FACT: Although radon gets into some homes through water, it is important to first test the air in the home for radon. If your water comes from a public water supply that uses ground water, call your water supplier. If high radon levels are found and the home has a private well, call the Safe Drinking Water Hotline at 1-800-426-4791 for information on testing your water.

MYTH: It's difficult to sell homes where radon problems have been discovered.

FACT: Where radon problems have been fixed, home sales have not been blocked or frustrated. The added protection is sometimes a good selling point.

MYTH: I've lived in my home for so long, it doesn't make sense to take action now.

FACT: You will reduce your risk of lung cancer when you reduce radon levels, even if you've lived with a radon problem for a long time.

MYTH: Short-term tests can't be used for making a decision about whether to fix your home.

FACT: A short-term test, followed by a second short-term test, can be used to decide whether to fix your home. However, the closer the average of your two short-term tests is to 4 pCi/L, the less certain you can be about whether your year-round average is above or below that level. Keep in mind that radon levels below 4 pCi/L still pose some risk. Radon levels can be reduced in most homes to 2 pCi/L or below.

*********************************************

123 ConEd LLC offers online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan.

Copyright © 123 ConEd LLC 2009. All rights reserved.