Certified Radon Pros - A Real Estate Professional s Best Friend. NRAP Official Roll-out November 10th. 6 Strategies To Reduce Exposure to Liability

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1 Autumn 2015 Your source for timely practical information you need to succeed in the radon profession Certified Radon Pros - A Real Estate Professional s Best Friend NRAP Official Roll-out November 10th 6 Strategies To Reduce Exposure to Liability Public Policy Updates Association News

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3 29th International Radon Symposium Boasts Record Attendance! 329 in Bloomington, Minnesota you say? No Way! It s always a good sign when you have to add more seating on the first day of the conference. The hotel lined up two extra rows in the back and we still had standing room only, reported Shawn Price, AARST President. Up on the podium, I could see the effort of hotel staff to accommodate the crowds. According to Symposium Manager Nicole Chazaud, nearly 100 radon professionals attended pre-symposium C.E. courses on Sunday the 20th. Ready for some fun after a full day of learning, the social festivities began on Sunday evening with a welcome reception. Special guest Goldy, the UMN mascot escorted by Bill Angell, greeted and amused the attendees with his antics. The Symposium Planning Committee and staff anticipated the Joint Meeting day to accommodate 375 seats for AARST and CRCPD. Nearly 450 people attended the policy sessions on Monday, September 21, It was a result of good planning and outreach through a team effort. Registration and flow into pre-symposium classes was as smooth as it has ever been thanks to a dedicated staff and key volunteers. Nicole gives an organizational hats off to Johnna, Janna, Jan, Marcey, Dave, Pat, Kevin, Bruce, Shannon and the many volunteer Symposium Ambassadors who helped out. Monday s Joint Meeting day attraction this year was not only the content, but also the entire day was covered as Category I (requiring an on-site quiz, which over 150 attendees took advantage of). Track II, AARST s Nuts and Bolts practical sessions, began after lunch and included introductions to new standards and QA/QC guidance, liability subjects and working with real estate professionals. Monday s keynote speakers and presenters addressed risk reduction science and policies. Dr. Antonio Neri of the Center for Disease Control (CDC) presented an analysis of the effectiveness of new radon policy and other program initiatives at the state, local and tribal levels. He also communicated details of direct radon-related health initiatives, including radon risk reduction goals and the focus on awareness in many statewide Cancer Control Plans. In addition, Dr. Neri highlighted Autumn 2015 the success of new radon awareness program initiatives in a number of states and tribal nations while presenting references for policy and programmatic risk reduction success which are posted on the CDC s website. Other Keynote speakers and presenters included; Dr. Aaron Goodarzi, of the University of Calgary, who spoke regarding genetics and radon in a presentation entitled, Genome Instability is Breathtaking, Dr. Tahera Emilie Van Deventer provided an update from the perspective of the World Health Organization and Tony Colgan from the International Atomic Energy Agency (IAEA) presented on radiation safety programs involving radon in Europe. Monday s biggest news for radon professionals came from Janice E. Nolen, the American Lung Association s Assistant for Government Affairs. Janice spoke on behalf of a group of radon stakeholders including AARST, other non-government agencies and key federal agencies, previewing the release of the National Radon Action Plan (NRAP) this coming November. The NRAP reflects the work and efforts of various stakeholders who have contributed to shaping radon policy and action and is a concerted effort to reduce radon in over 5 million homes and to save 3,200 lives by (see related article on p.13). Full sessions in Tracks I and II occurred on Tuesday and Wednesday, with over forty presentations ranging from peerreviewed research on radon absorption, measurement techniques, and sub-slab pressurization, to legal theory for the radon professional by AARST member Pat Zitek. Due to the comprehensive programming, it was possible for a radon continued on page 23 The radon reporter / Autumn

4 In This Issue: Certified Radon Pros - A Real Estate Professional s Best Friend Establish a positive partnership with real estate professionals and Test and Mitigate in a timely and professional manner following the new TRID guidelines keeps you ahead of your peers. Communication and attention to new rulings make you the go-to certified radon professional. Page 18, by Peter Hendrick. National Radon Action Plan A Strategy for Saving Lives The New National Radon Action Plan rolls out November 10th. Will you be a part of Radon Risk Reduction in 5 million homes by 2020? See how this might effect you on Page 13, by Jane Malone. 6 Strategies To Reduce Exposure to Liability 6 helpful must-do tips to protect your business and personal assets. It s about the entire package, do it all and you stand out as a professional who excels. Page 22, by Patrick Zetik. Association News AARST-NRPP updates, AARST Board election results, Leadership awards and much more. Page 3 Public Policy Updates Update on Voting Radon into Building Code. Page 12 AD Index AARST, the American Association of Radon Scientists & Technologists, is a nonprofit, professional organization dedicated to the highest standard of excellence and ethical performance of radon measurement, mitigation, and transfer of information for the benefit of members, consumers, and the public at large. AARST s leadership is democratically elected by the members. AARST represents your voice as we meet the wide range of challenges facing radon professionals and the community. Your membership and participation provides you a voice in the changes to come, and allows you to gain updated information, discover new techniques, learn about new problems before they occur, and hone your professional skills. AARST has several local chapters where you can meet other radon professionals and state and federal officials who work with the radon industry. Officers PRESIDENT: Shawn Price radon.shawn@gmail.com PRESIDENT ELECT: Phil Jenkins, PhD pjenkins@bowser-morner.com VICE PRESIDENT: Matt Koch matt@southernradonreduction.com VICE PRESIDENT: David Wilson radondave@hotmail.com SECRETARY: Arnold Drennen jarnold@ drennencc.com TREASURER: David Kapturowski dave@spruce.com AARST CHAPTERS chapters@aarst.org Erie Canal Joe Mahr abitco@verizon.net NATIONAL DIRECTORS Carolyn Allen carolyn@accustarlabs.com Jay Bauder jay@bauderbasement.com David Daniels davidmdaniels@ameritech.net Tony McDonald tony@vaporremoval.com William Goebel bgdsm@aol.com John Mallon john@radondetectionandcontrol.com Steve Tucker steve@cascaderadon.com Alexandra R. Stieff astieff@radelec.com Gloria Linnertz seascape@htc.net RadonAway page 2 Fantech page 5 RCI page 8 AccuStar page 9 Radon Supplies page 10 Air Chek page 15 University Educational Services, Inc. page 18 PDS page 23 Photo Credits for this Issue: Many thanks to many members and friends of AARST who stepped up to the task, in the absence of the AARST Photograpgher, at the Radon Symposium, to archive the entire event: AARST Radon Reporter is published quarterly by the American Association of Radon Scientists & Technologists, Inc. Copyright 2015 American Association of Radon Scientists & Technologists. All rights reserved. Heartland Gary Boesker boesinsp@hometelco.net Kentucky (KARP) Kyle Hoylman khoylman@protectservice.com Midwest Eric Lewandowski ericl@proradon.com New England Dave Hill dhill@spruce.com Ohio (OARP) Tracey Capuano tcap@fuse.net Pennsylvania (formerly Tri-State) Celia Rajkovich celiar@comcast.net Rocky Mountain Tammy Linton Tammy@rdsenvironmental.com STAFF Executive Director, AARST-NRPP Peter C. Hendrick, (603) director@aarst.org Jane Malone, National Policy Director jmalone@aarst.org Nicole Chazaud Communications/Symposium nicole@aarst.org Johnna McNamara, Exam Coordinator johnna@nrpp.info Janna Sinclair Credentialing Coordinator janna@nrpp.info Jan Orr AARST Membership Coordinator jorr@nrpp.info NRPP Compliance compliance@nrpp.info Pat Everett, Radon Reporter, Editor Emeritus 4 The radon reporter / Autumn 2015

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6 AARST ASSOCIATION NEWS The AARST Annual Business Meeting takes place during the Symposium. In addition to Association reports, Shawn Price AARST President, presented a number of awards at this year s Symposium including the President s Awards, whose recipients are selected by the President with guidance and input from Board officers and the Scott Akerblom award, which is awarded to an individual based on guidance from a selection committee. We congratulate our winners for presented a number of awards: The President s Awards, whose recipients are chosen typically by of the President with guidance and input from officers from the board. The Scott Akerblom is typically awarded to an individual based on guidance from a selection committee. All awards are prestigious and we congratulate our winners for AARST Citizenship Award For outstanding dedication, and commitment, to further the excellence of the Association. Recipient: Kevin Stewart Kevin Stewart has shown consistent participation on the Board, committees, and the various industry discussions that take place across the radon community. His participation in board efforts is meticulous, editorial and precise. He has been known to ask questions, sometimes difficult, which initiate thorough discussions on important items. Thank you Kevin, for your contributions over the years. AARST Governance Award For significant contributions as the AARST Secretary and dedication to radon science. Recipient: Michael Kitto, PhD Mike Kitto has participated in the AARST Board as Secretary for three terms. He took his duties as Secretary seriously. His commitment and professionalism helped to ensure Board meeting success. Mike also contributes on the Technical and Science Committee, has authored technical papers, and provides lists of radon-related papers published across the world each year. (monthly installments are featured in each monthly edition of RN Biz, the AARST E-newsletter.) We look forward to Mike s future contributions to the Association on the Technical and Science Committee. AARST National Real Estate Leadership Award For outstanding commitment to the education of radon health risks, testing and mitigation in the Real Estate industry. Recipient: Kerry Kidwell In 2014 AARST began outreach to our partners in the real estate industry. Beginning as nominations and award recipients on regional levels, our Chapters continue to recognize participation in the Radon Risk reduction communication efforts by celebrating colleagues in the real estate industry. The Regional winners are awarded throughout the years, and the 2015 National award recipient is chosen, using stringent criteria for such a prestigious level of acknowledgement. The national winner is chosen from the pool of regional winners from the previous year. AARST recognizes real estate agents across the country for their leadership in the radon message. Kerry exemplifies this award through all of his work and training in the real estate circles in Illinois. Since the 1980 s, Kerry s focus has been training real estate agents and the public about radon. His goal is to break the proverbial door down in regards to radon, and communicate, educate, and guide home buyers and real estate professionals in the need to test and fix if needed. He will often say to other real estate professionals, Encouraging buyers to test for radon is better than any closing gift; you may be saving their lives! Elizabeth Hoffman Award For dedication to saving lives and advancing state policy to prevent radon-induced lung cancer through advocacy. Recipient: Gail Orcutt As a lung cancer survivor, Gail has shown strength and resolve in tackling radon policy and legislative efforts in her home state of Iowa. Gail has met with key political leaders and provided testimony on the dangers of radon-induced lung 6 The radon reporter / Autumn 2015

7 AARST ASSOCIATION NEWS cancer and has been very involved in the radon in schools initiatives at the State and National level. We owe Gail Orcutt and Liz Hoffman a debt of gratitude for putting the very important stamp of reality on our radon messaging and are grateful for Gail s continued efforts regarding radon advocacy. Innovative Leadership Award For innovation, dedication, and effectiveness in furthering radon education and awareness in the United Kingdom. Recipient: Rebecca Coates It is exciting to see other countries embrace the public health risks of radon, radon risk reduction, research, communications and testimony to get laws passed. Each year at the Symposium we hear from many in regards to new international research, studies and programs. The UK has risen to the challenge and is flourishing under the guidance of Rebecca, who has altered the way radon risk is communicated and perceived in the UK. She presented radon information in educational cpds to almost 5000 building professionals (including architects, building surveyors, construction specialists and occupational health practitioners) and is the Co-founder, director and driving force in UK Radon Association (UKRA). Her resume of participation, lobbying, communication and publicity in the UK reads like the European Radon Association (ERA) has been at it for 29 years. They have not, ERA was formalized in 2013! Jack Bartholomew Award For dedication and education of the dangers of radon gas to prevent radon-induced lung cancer. Recipient: R. William (Bill) Field, PhD This award is a living testimony of the unique qualities found in Jack Bartholomew s passion to educate. Matching educators today to Jack s level of dedication is difficult, and the task this year turned our eyes to Bill Field. Bill has been educating people for years on the subject of radon and most of his work goes on outside of the radon community, such as his work on the President s Cancer Panel. Earlier this year, Bill made a trip to the White House to educate the Office of Management and Budget (OMB) on the topic of radon and its significant impact on public health. He delivered presentations at several regional radon stakeholder meetings this year and his description of the evidence that we have on the health effects of radon exposure is unquestioned by anyone in the audience. Bill continues epidemiological research at the University of Iowa and he inspires his students to attain greater levels of excellence, research and clarity. Scott-Åkerblom Award For dedication to radon education, science, and technical review of research abstracts submitted to the International Radon Symposium. James F Burkhart, PhD Dr. Burkhart is deserving of awards at several levels and this is arguably AARST s highest honor. Past recipients include Arthur Scott, Gustav Åkerblom, Andy George, Paul Kotrappa, and Phil Jenkins. While this award has gone to individuals who have made technological advances in the radon sciences, Jim has advanced the credibility of AARST and the entire industry through the peer-review process that he has led for Symposium papers. Jim s determination that AARST be THE leader in radon research has had a direct bearing on the reputation and integrity that AARST enjoys today. This hard-earned credibility is international in scope, as researchers and scientists from around the globe regard the International Radon Symposium as the pinnacle of radonspecific meetings; getting papers published through AARST is a significant accomplishment. We are proud to honor our dear friend and leader. The radon reporter / Autumn

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9 Newly Elected AARST Board Members now include: President Elect Phil Jenkins (2018) Vice President Matt Koch (2017) Dave Kapturowski (2017) Secretary Arnold Drennen (2017) National Directors John Mallon (2017) Alexandra R. Stieff (2017) Steve Tucker (2017) William Goebel (2017) Gloria Linnertz (2017) AARST ASSOCIATION NEWS 2015 Election: New Board Members Announced at the 29th Symposium! Did you know, that AARST bylaws require annual elections for the national board? Fourteen AARST members volunteered for a total of nine spots to be filled this year, five directors & four officer positions. AARST voting is a benefit for full AARST members and takes place annually as 5 board positions and various officers come to the end of their terms. Except for the President, whose term/s include one year as President Elect and one year as Past President, board members serve for 2 years in alternating sets of years so overlap of existing boards remain as new members step in.e-voting lasted approximately 30 days. All AARST members are ed through Constant Contact alerting them of the ballot and close date to vote. This year, voting opened on August 18thand closed September 19th. Voting is electronically tallied by VoteNet, an independent third party balloting service which specializes in non-profits association elections. The day after the close of the online polls, the tallies from VoteNet (which also archives the election) are downloaded to the Election Committee. The AARST Election committee consists of the AARST Secretary, board, and a radon non-board members, verifies the elections and tries to notify all the candidates of the results The radon reporter / Autumn

10 AARST ASSOCIATION NEWS Continued from page 9 before the Annual Business Meeting (Tuesday Sept 22nd at the Symposium.) Of the fourteen candidates, the remaining five candidates may be approached in the last quarter of the year to serve on various AARST committees, as serving on a committee is no less important to the functions and decision making processes of the association and helps to showcase their talents for future board elections. In additional to elected board members, Chapter Presidents, elected by their local chapter members, hold a seat on the AARST National Board. Congratulations to all our leaders! AARST & Stakeholder Meetings Energized Professionals Attend New York Stakeholders Meeting A New York Stakeholders meeting, sponsored by the New York Radon Coalition and the New York Department of Health radon program at the University of Albany East, was held October 22, A cross-section of New York radon professionals and public health professionals were welcomed by Dr. Nathan Graber, M.D., Director of the Center for Environmental Health, who stressed the high risk that radon represents and the positive impact of prevention. This was followed by presentations covering the New York state s radon program s service and a presentation on Radon in Water by New York state research scientist Dr. Michael Kitto. Michelle Wunderlich spoke about the National Radon Safety Program and Peter Hendrick provided an overview on codes, national policy and the compliance program within AARST s certification agency, the National Radon Proficiency Program (See Related Article QAQC Policies In a Nutshell 10 The radon reporter / Autumn 2015

11 page 18. Participating radon professionals vocalized their support of more state regulation of the industry, resulting in AARST organizing a policy committee to seek new authorizing legislation to raise the bar in New York. In addition, the committee will address the issue of untrained, inexperienced people who claim to be radon professionals and the adverse effect they have on consumers in the marketplace, as well as seeking residential and building radon code adoption in the state. American Public Health Association s Annual Meeting & Exposition October 31 November 4, 2015, is where public health professionals convene, learn, network and engage with peers. By attending APHA s Annual Meeting, we strengthen the profession of public health in regards to radon, by sharing the latest research and information, promoting best practices and advocating for radon as a public health issue. This will be the Foundation s second year attending, giving AARST and the AARST Foundation an opportunity to discuss radon health risk reduction with thousands of public health officials attending the conference. National Assotiation of Realotors Annual Conference AARST and NRPP are going to the BIG SHOW. We ll be represented at the National Association of Realtors Annual Conference in San Diego, November and will be delivering a simple but powerful message: Realtors Play a Key Role in Reducing Radon and Saving Lives. We ll be inviting attendees to partner early with AARST and NRPPcertified professionals to inform and educate their clients about this deadly radioactive gas. Partnering with AARST Standards and professionals reduces liability and makes the real estate transaction smooth sailing! AARST ASSOCIATION NEWS Letter of Intent Signed AARST Joins Coalition of International Radon Associations (COIRA) Radon risk reduction is developing as a professional endeavor worldwide. AARST recently joined with other professional associations in other countries to form an alliance a think tank of sorts - to create a larger international conversation about radon, awareness, risk reduction, policies and standardization and communicate information and ideas. At this year s Symposium in Minnesota, a Letter of Intent was signed between representatives of AARST and international organizations including the Canadian Association of Radon Scientists and Technologists (CARST), the UK Radon Association (UKRA) and the European Radon Association (ERA.) Leaders took the step to form a coalition, to be known as the Coalition of International Radon Associations (COIRA), to enable radon scientists and professionals to establish to further radon reductions initiatives around the world. COIRA was established in order to agree upon positions on identified key radon issues and communicate these, to relevant policy bodies, both national and international (WHO, IAEA, ICRP, ICRU, etc). A unified voice is hoped to speak more loudly than one in making radon awareness a global issue for action. The coalition hopes to identify and preserve certain fundamentals, such as the need for radon risk reduction to be considered in all types of buildings, protection of non-smokers as well as smokers, radon reduction recognized as an indoor air quality issue and a public health problem, ensure new building stocks are properly protected from radon intrusion, and the develop competent radon mitigation industries. One specific topic to be explored is to create a system of international radon chamber inter-comparisons. By having several national associations requesting the same need, this may further the goal of such a worthy project. From left to right: ERA - James (Jim) McLaughlin, UKRA - Martin Freeman, CARST - Alan Whitehead, AARST - Shawn Price The radon reporter / Autumn

12 PUBLIC POLICY UPDATES IBC ICC Codes Updates Appendix N for Radon Reduction Coming to the IBC s 2018 Edition On Monday, October 5th, a strong majority of the eligible governmental members of the International Code Council presented at a hearing in Long Beach, CA voted to support a new Appendix N for Radon Reduction in the International Building Code (IBC).This vote will be confirmed by an electronic vote among eligible governmental ICC members in December or January. Appendix N, Radon Reduction (known in the ICC process as G209 As Modified by Public Comment 1) was proposed as a public comment by EPA, with AARST s strong support, after the IBC Committee voted in April to reject EPA s proposal (G209) to require radon reduction in educational buildings. Jane Malone and EPA s Jani Palmer attended the ICC hearing in Long Beach to present Appendix N. ACTION NEEDED: Radon professionals, health advocates and others should thank your local /state code officials for ICC members support to date for Appendix N Radon Reduction in the IBC and ask, if they will be voting during the ICC online governmental consensus voting process in December or January, for support for G209 As Modified by Public Comment 1 (G209 AMPC1). There has never been any RRNC provision whatsoever for radon in the IBC. The IBC applies to schools, multi-family housing, workplaces, and other occupied buildings not covered by the IRC. The IBC is in effect state-wide in 31 states and is used by local jurisdictions in all other states. Like IRC Appendix F, the IBC Appendix N will only apply in Zone One buildings and only upon locality or state adoption. When adopting Appendix N, the jurisdiction will have the option to restrict the types of buildings that will receive RRNC to categories such as schools, residential structures, workplaces, occupied buildings, and more. ICC Government Relations Manager Speaks at the Symposium Rick Hauffe, the International Code Council s Government Relations Regional Manager for Iowa, Minnesota, Nebraska, North Dakota and South Dakota, presented Tuesday morning at the Symposium. He stated that ICC was created in 1994 as a non-profit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes. The ICC codes were built on the work of ICC s three founders and predecessors: the Building Officials and Code Administrators International (BOCA), International Conference of Building Officials (ICBO), and Southern Building Code Congress International (SBCCI). Rick explained how the future edition of the green construction code will be powered by Standard 189.1,Standard for the Design of High-Performance, Green Buildings except Low-Rise Residential Buildings, which was developed as an American Society of Heating Refrigeration and Air-conditioning Engineers (ASHRAE) standard. This I-CODE DEVELOPMENT CYCLE Source: ICC adapted by AARST 12 The radon reporter / Autumn 2015

13 ICC was created in 1994 as a non-profit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes. standard will be jointly managed through the ASHRAE standards maintenance process and co-sponsored by the American Institute of Architects, Illuminating Engineering Society and the U.S. Green Building Council along with ASHRAE and ICC. The new iteration of is scheduled to be released in EPA and AARST are working on a proposal to strengthen the radon provision in this code. Rick also outlined the way ICC members determine how the codes can change during the three-year code development process. PUBLIC POLICY UPDATES Important Announcement Regarding IRC s Appendix F for RRNC in One- and Two-Family Dwellings Due to an administrative error at the International Code Council, Appendix F was misprinted in the 2015 International Residential Code (IRC). A fairly extensive code change proposal (that was not approved by the membership during the code development process) was somehow added to the First Printing of the IRC. ICC has issued an errata. You can read the errata at Note that the ICC s electronic and web versions of the 2015 IRC will remain incorrect unless and until ICC issues a second printing; the errata supersedes the first printing of the code. WHAT YOU NEED TO DO: Keep using the 2012 version of Appendix F. The correct version is here: publicecodes.cyberregs.com/icod/irc/2012/icod_irc_2012_appf_section. htm?bu=ic-p &bu2=ic-p Alert homebuilders, code officials, and other radon professionals that the ICC book, electronic and web versions of the 2015 IRC, First Printing, are wrong, and that the 2012 version is still in effect. National Radon Action Plan A Strategy for Saving Lives Program Announced - Rolls Out in November 2015 Initial Initiatives Underway in Housing Finance and Codes Janice E. Nolen, the American Lung Association s Assistant Vice President for Government Affairs, attended this year s Symposium in Bloomington. Attendees had the opportunity to hear first-hand a preview about the new National Radon Action Plan (NRAP), to be released to the general public mid- November. Ms Nolen spoke at length of the new program, the workgroup involved in the creation of a very specific plan of action for eliminating avoidable radon-induced lung cancer in the United States, and a bit of history about how the NRAP plan came to fruition. AARST leadership has been at the table throughout the development of the NRAP, along with like-minded groups, such as the American Lung Association, CRCPD, CanSAR, CRRR and other nongovernmental organizations (NGOs). The Plan s near-term goals are to reduce radon risk in 5 million homes and to save 3,200 lives by The 2020 goals offer bold and important milestones, but they are not the endpoint. The ultimate goal is to eliminate avoidable radon-induced lung cancer in the United States by incorporating radon testing, radon mitigation and radon-resistant construction into systems that govern purchasing, financing, constructing The radon reporter / Autumn

14 PUBLIC POLICY UPDATES Continued from page 13 and renovating homes and other buildings. Using simple and proven technologies, avoidable radon-induced lung cancers can be eliminated. The Plan seeks to apply those technologies as standard practice in order to, over time, reduce exposure risk across the U.S. building stock. When we find, fix and prevent high indoor radon levels as a standard practice so that no American is exposed to avoidable radon at home, school or work, we will have achieved the vision of this Plan. SOME HISTORY: NRAP s Roots in the FRAP In 2010, nine federal agencies came together to look for new solutions. They developed the Federal Radon Action Plan (FRAP) and launched 30 projects that promote action through three approaches: (1) Test for and mitigate high radon using professional radon services, (2) Provide financial incentives and direct support where needed for radon risk reduction and (3) Demonstrate the importance, feasibility and value of radon risk reduction. An inter-agency effort, using existing authority but no extra funding from Congress, the FRAP is estimated to have implemented policies and programs that reached 1.6 million homes, schools and childcare facilities, resulting in an additional 200,000 units being tested and mitigated. 1 What Needs to Happen Build in Radon Risk Reduction Table 1: National Radon Action Plan: Priority Strategies for Saving Lives Strategies to Drive Change Work with government, quasi-governmental and private sector housing finance organizations to encourage radon testing and mitigation as a standard practice. Embed radon risk-reduction requirements in state and local building codes. Outcomes We Seek Housing finance and insurance industries take actions that will increase radon testing and mitigation in homes. State and local building codes require that homes be built to resist radon. One key milestone success of the FRAP was the HUD FHA Multifamily Mortgage policy on radon that now requires testing and mitigation (by certified professionals) for any financing of any FHA multifamily property. 2 Provide Incentives and Support for Radon Risk Reduction 3 Build Capacity to Test and Mitigate Using Professional Radon Services 4 Increase Visibility for Radon Issue Develop the research base on the cost-effectiveness of preventive and mitigation actions for radon in energy upgrades. Ensure radon is a priority risk addressed in healthy homes programs and grant-making. Leverage government-backed and other housing loans to cover radon mitigation. Secure direct support from philanthropies, charities and other sources, including governments, to reduce radon risk for low-income Americans in homes, schools and childcare centers. Leverage tax incentives, including health spending accounts, to cover radon mitigation costs in order to reduce cancer-related healthcare costs. Finalize and disseminate consensus standards for testing, mitigating and ensuring measurement device accuracy. Provide training on high-quality radon testing and mitigation in home health and safety training. Promote the radon profession to practitioners, such as home inspectors. Promote radon testing and mitigation through a comprehensive disclosure of health risk to home buyers and loan borrowers. Encourage state cancer control plans to prioritize radon. Focus on radon in coordinated messaging about health risks in homes, schools and childcare centers. Promote radon awareness to medical, public health and childcare communities through consistent outreach using targeted materials. Energy upgrades include radon risk reduction as standard practice where needed. Criteria for national programs promoting healthy homes include radon risk reduction. New sources of funding are available to motivate homeowners to test for and mitigate high radon levels. Radon mitigation is financed in buildings where the occupants are unable to afford testing and mitigation on their own. Tax incentives exist that increase voluntary radon testing and mitigation. Quality professional standards to support the certified radon services industry are widely recognized, disseminated and adopted. Home health and safety training programs for inhome service practitioners routinely include radon. More certified radon professionals are available nationwide. State and local laws require that sellers disclose knowledge of radon levels and information about radon to prospective buyers. During property sales, borrowers request testing and mitigation where needed to reduce radon risk. State cancer plans include strategies for reducing radon. Increased amount, coordination and effectiveness of communication tells Americans that radon is a serious risk that needs to be a priority for action. Medical, public health and childcare practitioners educate patients and families about radon during routine encounters and increase their actions to reduce radon in home and childcare environments. The FRAP and NRAP are different but focus on complementary efforts. FRAP was a new starting point among federal entities only, while NRAP is working on core initiatives that change the foundation of the nation s risk reduction effort. The NRAP goal is to initiate programs and policies that will lower radon in an additional five million homes by 2020 a very significant and aggressive goal. The plan s vision is to make radon risk reduction standard practice to eliminate avoidable radon-induced lung cancer in the United States. AARST and the American Lung Association worked in a national radon workgroup with other NGOs and several federal agencies to develop the NRAP. The workgroup s purpose has been to build upon, leverage and accelerate the impact of the federal plan 14 The radon reporter / Autumn 2015

15 PUBLIC POLICY UPDATES When we find, fix and prevent high indoor radon levels as a standard practice so that no American is exposed to avoidable radon at home, school or work, we will have achieved the vision of this Plan. and to advance coordinated national action, recognizing no single approach will solve the radon problem. The job was and remains to identify proven effective policies, techniques and strategies for reducing radon risk and to gather the people, organizations and resources required from government, non-government and industry organizations to put those strategies into action. The NRAP affirms the critical importance of supporting strong and effective state and tribal radon programs that can engage with and support other partners. The workgroup met throughout 2014 to discuss how to move toward a future where all homes are tested for radon, all highradon homes are mitigated, and all new homes are built to prevent high radon levels. The NRAP start was not without controversy among many participants, since, at the same time, EPA was telling Congress that state programs were redundant and did not need further funding. workgroup believed that transformational change required new activities involving additional players to: Build In* radon risk reduction: Approaches that embed radon risk reduction as standard practice across the entire housing sector. Provide incentives and support for radon risk reduction: Approaches that motivate individuals to pay for testing, mitigation and radon-resistant construction with financial encouragement and provide direct financial support for radon testing and risk reduction for people who cannot pay. continued on page 23 There was a worry by some at the table, said AARST Executive Director Peter Hendrick, that NRAP was window dressing, a lateral pass of responsibility being made by federal agencies to wash their hands and budgets of radon. NRAP took time to get off the ground as the working group considered and evaluated the effectiveness of proposed strategies. It took effort to identify and rank priority goals and strategies and to also identify future partners for each strategy. One thing became clear early on, said Hendrick. If we were to mitigate or positively impact five million homes by 2020, we would need more troops and more organizations with additional expertise to support these new strategies. The workgroup saw value in the Federal Plan s framework for radon action, which focused on demonstrating radon s significance, providing incentives and support, and building demand for professional radon services. But the The radon reporter / Autumn

16 Nuts and Bolts Nuts and Bolts Radon Risk Management is Radon Risk Reduction Certified Radon Professionals Play a Key Role in Reducing Radon, Saving Lives, and Helping Real Estate Agents Make Their Sale! Certified radon professionals are successfully partnering with real estate professionals to inform and educate their clients about radon - the deadly radioactive gas and, thus, more real estate agents are making radon a routine part of the home sale process. The key to this success is taking the experience we ve developed in the first three decades of working on the street with radon risk reduction and home sales and realizing that we ve been doing risk management all along. Risk Management? Isn t That the Same as Radon Risk Reduction? Not really. While they are complimentary and accomplish something to mutual benefit, risk reduction is about health care. Risk management is about reducing financial and legal liabilities well before they start. For the first twenty years of radon risk messaging, we have communicated to the American public that radon is a real and deadly health risk. But there are also legal and financial liabilities associated with radon exposure and one particular issue involving all of the players in the housing sector: radon poses a serious risk that could result in the loss of investment and life savings for all involved in the home sale. In the early days of radon, there was a theory that civil lawsuits (often referred to as torts) would create a risk management culture that would help to drive testing and mitigation. That was the theory but it did not happen right away. Most of the first lawsuits in radon case law focused on cases involving the interruption of a home sale. For example, perhaps a test was done and the buyer backed out, or the testing and mitigation was not completed in time, the sale was lost and the seller challenged the failed sale. These cases might require the return (or non-return) of deposits. The most serious cases sometimes involved a dispute encompassing the entire sale amount. In the late 1990s and early 21st century, with real estate sale prices generally in the range of $120,000 to $300,000, it became clear this type of case law involving failed contractual agreements were ultimately not moving, shaking or changing how the real estate and housing sector considered radon as a risk management question. A Perfect Risk Management Storm In recent years, a perfect risk management storm began brewing in the marketplace. An increase in civil suit opportunities, combined with more knowledgeable consumers, initial model building codes, state regulations, industry standards and a growing body of risk science confirming increased health risk due to low level ionizing radiation, have made conditions ripe for damaging lawsuits. Setting precedence, two ground-breaking toxic torts (as class law suits) in New Jersey and West Virginia focused on inherent liabilities faced by builders, developers, realtors and National Radon Proficiency Program GOOD, BETTER, BEST! Engaging Radon early Is GOOD due to new Truth in Lending requirements American National Standards are BETTER Using NRPP-Certified Professionals is BEST! radon professionals in dealing with radon (radioactivity) in an unregulated setting. The two cases ranged from not following standards or the absence of standards to begin with. Housing professionals (from agents to bankers to radon professionals) suddenly became targets in the cross-hairs of tort attorneys seeking damages for a more informed group of home buyers and consumers. Now, instead of the case law resulting in tens of thousands of dollars in potential claims, defendants and their insurance companies were spending hundreds of thousands of dollars on defense alone. 16 The radon reporter / Autumn 2015

17 Nuts and Bolts Settlement, when one was reached, was in the millions or tens of millions of dollars. The housing industry no longer ignores the financial or legal risk. Builder, real estate agent, property management firm, and radon professionals who do not have a standard to fall back on, and/or did not perform to accepted or known protocols are often drawn into these expensive actions. Repercussions to these events are evident as: Two national builders have taken notice and are now paying serious attention to radon-resistant new construction standards. Underwriters of mortgages are paying attention to national radon standards and are requiring buyers to perform tests and mitigations using certified professionals. Real estate professionals are seeking out well trained, certified and licensed professionals. In the 21st century, everyone in the housing sector, including the radon professional, is in the management of risk together. The certified radon professional, using American National Standards, is the Risk Management Specialist; protecting seller, agent, builder, and yes, ultimately the buyer. Certified professionals have much in common with real estate professionals. As a matter of self-interest, both professionals voluntarily hold themselves to a high ethical standard, exhibiting integrity, dedication and commitment to their profession. Today s common practices of home inspectors and health professionals, and Working with Real Estate Professionals regarding the New TRID Guidelines After the finance meltdown in the recent past, Congress passed a variety of laws to avoid similar problems in the future. They also commissioned a new super bureau to oversee most consumer finance issues. Thus the Consumer Financial Protection Bureau (CFPB) was born. One of the required tasks of the CFPB was to integrate the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA) Kerry Kidwell disclosures and regulations. Real estate transactions involving a residential mortgage will use new CFPB disclosure forms after October 3, These are now referred to as TRID: Truth in Lending / Real Estate Settlement Procedure Act Integrated Disclosure. So how does this affect the average radon tester or mitigator? Although there is no direct effect, it will require that work be performed in a timely fashion, invoices be submitted immediately and there be no last minute surprises if the contractor wishes to keep a good working relationship with the real estate industry. The crux of the issue is that the new rule requires the final settlement sheet be in the buyer s hands no less than three days prior to closing. If the form is mailed or ed it would be sent a week in advance. If there are significant changes to the settlement sheet after the buyer receives it, the closing may have to be pushed back three more days. So what can you do to help? Communication is key. Find out what the deadlines are and help the consumer meet them. If called to do a test, get it done right away and include your invoice with your report. If performing a mitigation, get it done as quickly as possible and invoice immediately. The same would apply for any retesting. If you are invoicing the client directly, send a copy to their real estate agent. Last minute work and billing could seriously delay a closing and strain your relationship with the real estate community and consumers in general. some state laws, provide homebuyers with radon awareness information that encourages testing and mitigation. Certified testers and mitigators are trained using American National Standards (ANSI-AARST) to measure and lower (mitigate) this radioactive gas found in homes. In over 25 years of testing and mitigating, radon professionals have proven their value as part of the real estate service team. Now radon professionals are transitioning from being the new kids on the block, but an essential services provider protecting both the homeowner and the housing industry from risk. The radon reporter / Autumn

18 Nuts and Bolts Continued from page 17 Radon is real, that has been proven. And radon professionals are an integral part of risk management for the home building and real estate industry. We re part of that industry. That s real, too! Some key points for certified radon professionals to keep in mind when working with real estate professionals: Assure them that you are ready to respond to consumer demand for radon testing and mitigation. Educate them that detection and mitigation can be accomplished early in the real estate transaction, in a timely and economical manner. Let realtors know you are their go-to partner in getting the job done right. Emphasize that the cost is often less than a major home appliance Remind real estate professionals that HUD FHA Multifamily mortgage policy requires testing and requires use of NRPP-certified professionals to test and mitigate multifamily buildings (> 5 units.) Get the word out to real estate professionals: Protect your Business from Future Liability Use NRPP-Certified Professionals New NRPP QAQC Policies In a Nutshell The search for Quality service is the reason consumers choose Certified Professionals rather than a layperson handyman. When Certified Professionals deliver poor quality, trust in our profession is diminished to the extent that: 1. Fewer tests and mitigations are purchased, 2. Good people can sometimes hardly earn a decent living, and 3. Fewer lives are saved. After many years of looking for answers, the NRPP Policy Advisory Board approved and the AARST Board accepted new policies concerning Disciplinary Infractions and Quality Assurance and Control. In A Nutshell: All NRPP credentials related to testing and mitigation will soon require individuals to self-certify that they operate under a written Quality Assurance Plan and retain evidence of conducting routine Quality Control activities. Requirements to self-certify QA plans and QC activity are the same as historically required for measurement professionals. This is new for mitigation professionals, even though most seasoned professionals already conduct and retain evidence of Quality Control activities by tracking jobsite information. Seasoned professionals already know that these Quality Control activities save thousands of dollars every year. (See related article, Six Strategies To Reduce Exposure to Liability, page 21) What Else Is New? 1. Disciplinary Infractions when a consumer complaint is received: Effective April 2015, Certified Professionals can sometimes be required to provide evidence sufficient to demonstrate that services are normally being provided with quality and adherence to NRPP-recognized standards. 18 The radon reporter / Autumn 2015

19 Join the ARPC-100 in 2016 It is a way to make your voice heard about the need to test every home, to get rid of radon. Ruth Ann Lipic, President, MidWest AARST Chapter YOU CAN BE A HERO Most cancers, writes Daniel J. Hunter of the Harvard School of Public Health in a recent Boston Globe article, are theoretically preventable. In the case of radon-induced lung cancer, it isn t just theory. Radon-induced lung cancer is preventable. Reducing the radon levels a person is exposed to will significantly reduce potential damage to lung cells caused by inhaled radioactive decay particles. With more than 224,000 new lung cancer diagnoses in the U.S. in 2014 (10% or more due to radon exposure) it is inevitable that we, as family members, friends, and radon professionals, are in the unfortunate position of seeing someone suffer through this terrible disease. The treatments alone are heart wrenching, and the prognosis is grim: The 5-year survival rate is less than 17%. Help us prevent the preventable. Become a contributor to the ARPC-100 advertising fund. As a contributor you will effect LONG TERM CHANGE. You can be the HERO in this story. The need for your contribution goes beyond the effect a change in radon policy will have on our business. By contributing to the ARPC-100 fund you are creating the OPPORTUNITY to reduce the numbers of radon-induced lung cancer patients we see in our working and personal lives daily. We are making headway in our behind the scenes work. We continue to work tirelessly in hallways and in countless meetings, advocating the position that a policy change must occur and MUST be supported by all branches of government. This change Will save more lives - be a part of it! ARPC Pledge Form Please use this Pledge payment form or you may choose to be invoiced. Payment can be made via Check, Credit Card or recurring payment with Credit/Debit account. Name Company Address City State Zip Telephone Pledge Level Billing Preference Please invoice me. Vanguard: $250 $250 (once) $250 (recurring monthly x10) Champion: $500 $500 (once) $500 (recurring monthly x 10) Legionnaire: $1,000 $1,000 (once) $1,000 (recurring monthly x 10) Elite: $2,500 $2,500 (once) $2,500 (recurring monthly x 10) Standard Bearer: $5,000 $5,000 (once) $5,000 (recurring monthly x 10) Make checks payable to AARST and mail with this form to: AARST, P.O. Box 2109, Fletcher, NC To pay by credit card please use the reverse side of this form. You will receive a receipt. The radon reporter / Autumn

20 Be a 2016 ARPC-100 Contributor Change: We want to thank the following people and companies for being 2015 contributors. Won t you add your name to the list in 2016? AccuStar Ace Radon A-Z Solutions, Inc C. Allen Dawn Sandoe Four Square Restorations GMD Construction, Inc Home Pride MW AARST NE AARST Radon Be Gone, Inc Radon Protection, LLC Radon At Tahoe Ruth Ann Lipic Radon Corp of America RadonAway Radon Ease RCI RDS Environmental, Inc. Spectrum Inspection SWAT Environmental TK Home Inspection VSI Radon Reduction Corp William Angell WNY Inspection Services Your Name Here! Thank you for your Contribution! If you wish to use your credit card for your one-time or reoccuring payments, please fill out the following information and mail it to the AARST Office at the address on the reverse side. Help us meet our goal in 2016! $100,000 (goal) Credit Card: MC/Visa/AMX Expiration Date: Number: Name on Card: of card holder: Signature: Date: Thank you for your thoughtful consideration. Let s help save lives. 20 The radon reporter / Autumn 2015

21 Nuts and Bolts Continued from page 18 Such audits for cause will play a role in sanctions or penalties. 2. Random QA/QC audits: To enhance consumer trust in Certified Professionals, the near future includes conducting audits on a small percentage of QA/ QC plans each year. Making It Easy: AARST and the NRPP have no desire to add needless exhaustive work to your world. Actions are being taken to provide aid in meeting this policy over the next year. These plans include educational courses, guidance literature and incentives that might often offset other expenses for C.E. Meanwhile, AARST and the NRPP have heard your requests to make the words Certified Professional mean something. The investments you make in achieving these credentials and the service consumers expect and deserve require no less. Six Strategies To Reduce Exposure to Liability Just as we engage in preventive healthcare to prevent risk of disease, radon professionals need to engage in preventive business law strategies to reduce their exposure to liability. By reducing your exposure to liability, you reduce the likelihood of being involved in litigation. Litigants invariably discover that time, money, and energy must be diverted from business operations and be used to try and resolve the dispute. Litigation is a costly, emotionally draining, and stressful situation to be in. The only people who enjoy litigation are lawyers! Identified below are a minimum of six (6) business law strategies businesses and individuals can employ to reduce their exposure to liability: 1. Well drafted contracts 2. Internal processes and procedures 3. Taking advantage of State Incorporation laws 4. Employee handbook (for employers) 5. Maintaining professional education 6. Membership in industry and trade associations When discussing preventive business law strategies with both individuals and businesses, a common concern is the cost to implement. Some, if not all, of these strategies will have an immediate cost to implement. As radon professionals, we know there is an immediate cost to our customers to have us install a radon mitigation system. We also know the long term benefit of a properly operating radon mitigation system is priceless. Implementing preventive law requires the same long-term view of these immediate costs and priceless benefits: the cost to implement these strategies will pale in comparison to the costs of litigation. I will briefly discuss each strategy. 1. Well-drafted contracts and liability waivers are a must. Generic contracts downloaded from the internet or purchased at an office supply store deny you the opportunity to clearly define who you are, what you do, and what is expected of both vendor and customer. Well drafted contracts employ strategic risk shifting, placing the appropriate level of liability on each party. 2. Internal processes and procedures can serve to reduce your risk of liability. Processes should be in written form and understood by employees. One example of this is the measurement QA/QC plans required by of ANSI/AARST MAH 2014; 5.0 of ANSI/AARST MAMF- 2012; and 5.0 of ANSI/AARST MALB In general, sole proprietors and partnerships enjoy no personal protection from business debts and liabilities. A Corporation or LLC provides a complete liability shield (of your personal assets) for the debts and liabilities of the business. Formation and operation must be in compliance, for example; complete separation of personal financial accounts and your business accounts, in order for the courts to uphold the liability shield. 4. Under the legal theory of Respondeat Superior, an employer can be held liable for the actions of an employee (on the job). An employee handbook can reduce or eliminate an employer s liability by defining acceptable and appropriate conduct and specifying work duties 5. Maintaining and increasing your professional knowledge can reduce your exposure to liability. A comprehensive The radon reporter / Autumn

22 Nuts and Bolts Nuts and Bolts Continued from page 21 29th International Radon Symposium Active membership in industry and trade associations such as AARST can serve as a valuable resource in limiting your risk of liability. Patrick Zitek knowledge of current measurement and mitigation protocols and best practices will reduce the likelihood of committing negligence as a result of ignorance. 6. Active membership in industry and trade associations such as AARST can serve as a valuable resource in limiting your risk of liability. For example, AARST provides new members with a CD that contains a wealth of materials, such as sample contracts and liability waivers that can be modified for your own use. Employing any of these strategies will reduce your exposure to liability and allow you to stay focused on saving lives and not on resolving avoidable disputes. 22 The radon reporter / Autumn 2015

23 Last Notes 29th International Radon Symposium Boasts Record Attendance! Continued from page 3 professional to attend the 29th International Radon Symposium and pre-symposium classes and earn 14 Category I credits plus up to 8 Category II credits, more than enough to complete C.E. requirements for one NRPP certification. Tuesday ended with a very successful Chapters Meet and Greet, with 9 chapters represented! The Night Out on Monday night was a true highlight. Attendees received tickets to the Mall of America s Sea Life Aquarium for a quick visit and a pass to the private event room for a harvest meal with a local R&R cover band, Southside Band. The buzz in the room shifted when, one of our physicists, Phil Jenkins along with Gary Hodgden, got up on stage to jam with the band. Other musicians took the stage and before you knew it, Southside Band had taken a back seat to the Radon Change All-Star Band, starring Gary Hodgden, Phil Jenkins, Jim Burkhart, Matt Hendrick, Phil Rivas, Melinda Ronca-Battista and Karla Newman. With only two songs in, Dr. B. covered Johnny Cash, Phil Jenkins and Melinda Ronca-Battista took to lead vocals,. Gary presented his own tunes and Bruce Snead got the crowd going with special sing-along lyrics. Clearly, radon scientists and technologists rock! The local band joined in and jammed and everyone had a great time. AARST Bookstore News Premiered at this year s Symposium, AARST is excited to introduce our new line of AARST branded apparel and business products through Gem Marketing. Visit the AARST Bookstore at AARST.org to order your staff jackets and sweatshirts (and much more) today. National Radon Action Plan A Strategy for Saving Lives Continued from page 15 Test and mitigate using professional radon services: Approaches that promote the use of certified radon services and help to build demand to sustain a highquality industry. Increase visibility: Approaches that garner broad public attention for the radon issue and demonstrate the importance of radon risk reduction. * Building in is a term to describe strategies to embed radon testing, mitigation and radon-resistant construction as norms of individual behavior, industry practice and public policy so that radon risk reduction occurs as a matter of course. In addition to AARST, the NGO signers of the National Radon Action Plan are the American Lung Association, ASHI, CanSAR, CRRR, Children s Environmental Health Network, CRCPD, Environmental Law Institute, and National Center for Healthy Housing. Workgroups support two of the NRAP s 14 strategies to build in radon risk reduction. Both are chaired by AARST staff. The Financing Workgroup: Work with government, quasi-governmental and private sector housing finance organizations to encourage radon testing and mitigation as standard practice. This group is advancing dialogue with the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, the entities that guarantee thousands of private sector mortgage loans. The group is also pursuing Federal Housing Administration (FHA) action, and has commissioned a study of lender practices. Contact Peter Hendrick director@aarst.org The Codes Workgroup: Embed radon risk-reduction requirements in state and local building codes. This group has targeted eight states (CO GA IA KS NE NY OH PA) for policy change - to add radon resistant new construction - in 2016 and aims to improve radon standards in model building codes. If you live or work in any of the eight states, we need your help! Contact Jane Malone jmalone@ aarst.org The radon reporter / Autumn

24 AARST P.O. Box 2109 Fletcher, NC Phone: Fax: Keeping you updated on issues and events in your field. Visit our website at