Developments in State Policy
In 2012, Illinois enacted legislation requiring that new single family homes and dwellings with two or fewer apartments include passive radon resistant construction techniques, as defined by the legislation. See 420 Ilinois Stat. 52/1 et seq.. The legislation directed the Illinois Emergency Management Agency to develop rules to implement the new law and established a Radon-Resistant Building Codes Task Force to make recommendations concerning the adoption of rules by July 1, 2013. Local governments are authorized to adopt and enforce state rules governing radon resistant new construction or to adopt local rules that are at least as stringent. Rules adopted by the state establish construction methods "intended to resist radon entry and prepare the buidling for post-construction radon mitigation, if necessary." See Illinois Admin. Code 422.160.
According to the legislation, the installation of radon resistant construction may be performed by a residential building contractor or a radon contractor during new residential construction, however, only a radon contractor is permitted to install a radon vent fan or upgrade a passive new construction pipe to an active mitigation system.