Warning signs, characteristics, causes, and solutions for various environmental hazards most commonly found in real estate transactions Flashcards
The Illinois ___ is charged with maintaining and enhancing the state’s air, land, and water quality through inspection, education, regulation, enforcement, recycling, and prevention activities.
Environmental Protection Agency (EPA)
Most IL environmental regulations are required by statute to be ___ in substance to environmental protection regulations established by the US Environmental Protection Agency (EPA)
identical
Licensees are expected to be aware of ___ and to ensure that the ___ of all parties involved in real estate transactions are protected
environmental issues
safety interests
A fire resistant mineral that was once used extensively as insulation and to strengthen other building materials. It was found in most construction.
Asbestos
On July 12, 1989, EPA issued a final rule banning most ___. However this was overturned in 1991 by the 5th circuit court of appeals in NOLA. as a result, only specific products remain banned.
asbestos containing products
Which 4 asbestos containing products have been banned since 1991?
1) flooring felt
2) rollboard
3) corrugated, commercial, or specialty paper
4) products that have not historically contained asbestos (new uses of asbestos)
the EPA estimates that today about ___% of commercial and public buildings have asbestos containing materials
20
___ used to be used to cover pipes, ducts, and heating & hot water units
asbestos
the fire-resistant properties of ___ made it popular material for use in floor tile, exterior siding, roofing products, linoleum flooring materials, joint compounds, wallboard material, backing, and mastics
asbestos
Asbestos is highly ___, meaning that as it ages, fibers break down easily into tiny filaments and particles.
friable
Asbestos is especially harmful when it is ___ or ___ and becomes ___, as often occurs during renovation or remodeling
disturbed or exposed
becomes airborne
those who inhale ___ can often develop serious and deadly respiratory diseases decades later
asbestos fibers
Federal regulations establish guidelines for owners of ___ and ___ buildings to test for asbestos containing materials, but there are NO guidelines regarding the presence of asbestos in ___ properties
commercial and public buildings
NO guidelines for residential
___ is an alternative method of asbestos control that may be preferable over removal in certain circumstances. however, an owner must periodically monitor the condition of the ___ to make sure it is not disintegrating.
Encapsulation
Encapsulated asbestos
Who should perform an asbestos inspection of a structure to identify which building materials may contain asbestos?
Only a certified asbestos inspector
It is vital that buyers know where ___ are located so they are not disturbed during repairs, remodeling, demolition, or routine use
asbestos containing materials
Lead based paint is most common on ___, ___, and ___.
Doors, windows, and woodwork
Elevated levels of ___ in children can cause learning disabilities, developmental delays, reduced height, and poor hearing. The effects are generally irreversible
lead
Excessive exposure to ___ in adults can induce anemia, hypertension, trigger gallbladder problems, and cause reproductive problems for both men & women
lead
What does the lead-based paint hazard reduction act of 1992 require?
Disclosure of the presence of any known lead-based paint hazards to potential buyers or renters
What does the lead-based paint hazard reduction act of 1992 NOT require?
testing for the presence of lead-based paint
Under the lead-based paint hazard reduction act, buyers have up to ___ days to conduct a risk assessment or inspection for the presence of lead-based paint hazards
10
Under the lead-based paint hazard reduction act, licensees must provide buyers and lessees with a pamphlet created by the EPA, HUD, and US Consumer Product Safety Commission that is titled…
Protect Your Family from Lead In Your Home
The lead-based paint hazard reduction act requires that renovators give homeowners what pamphlet before starting any renovation work?
Protect Your Family from Lead in Your Home
Under the lead-based paint hazard reduction act, anyone paid to perform work that disturbs paint in housing and child-occupied facilities must be ___ and ___ in the EPA’s lead-based work practices
Trained and certified
Under the lead-based paint hazard reduction act, rental property managers & owners are required to be trained and certified in…
EPA’s lead-based work practices
The ___, ___, and ___ program involves pre-renovation education.
Renovation, repair, and Painting
The Renovation, Repair, and Painting program includes distribution of which pamphlet to property owners before starting work?
Renovate Right: Important Lead Hazard Information for Families, Child care Providers, and Schools
Under the lead-based paint hazard reduction act, licensees must ensure that all parties comply with LBPHRA’s ___
disclosure requirements
Licensees should use ___ disclosure forms rather than creating their own.
EPA-written
the lead-based paint hazard reduction act applies to homes built before 1978, what are the 6 EXCEPTIONS?
1) property sold at foreclosure, although disclosure must be made at RESALE time
2) rental property that is certified “lead-based paint free” by an inspector
3) property leased for 100 days or less, with no lease renewal or extension
4) renewals of existing leases if disclosure was made at the time of the initial lease
5) units with no bedrooms or with no separation between sleeping & living areas
6) housing for the elderly or disabled if children under the age of 6 are not expected to live there
Federal law requires that only licensed lead incpectors, abatement contractors, risk assessors, abatement project designers, and abatement workers may deal with the ___ or ___ of lead in a structure
removal or encapsulation
In IL, anyone who performs lead abatement or mitigation activities without a license is guilty of…
a Class A misdimeanor
In IL, who oversees the qualifying, training, and licensing of lead abatement contractors and lead abatement workers?
IDPH
In IL, the Lead Poison Prevention Act requires that physicians screen children younger than 6 years old for lead poisoning when the child lives in an area considered by the state to be at “___” for lead exposure.
high risk
In IL, the ___ requires that physicians screen children younger than 6 years old for lead poisoning when the child lives in an area considered by the state to be at “high risk” for lead exposure.
Lead Poisoning Prevention Act
In IL, when a child younger than 6 years old lives in an area considered by the state to be at “high risk” for lead exposure, physicians are required by law to…
Screen them for lead poisoning
In IL, when a child is diagnosed as having an elevated level of lead in their bloodstream, the physician must…
Report the condition to IDPH
In IL, after a physician reports elevated levels of lead in a child’s blood stream to IDPH, IDPH may…
inspect the child’s residence for the existence of exposed lead-bearing substances
In IL, after a physician reports elevated levels of lead in a child’s blood stream to IDPH, IDPH may inspect the child’s residence for the existence of exposed lead-bearing substances. If the inspection identifies a lead hazard, the property owner is required to mitigate the condition within ___ days, or ___ days if a child under 6 or pregnant woman is at risk
90 days
30 days if child under 6 or pregnant woman
a naturally occurring, colorless, odorless, tasteless, radioactive gas produced by the decay of other radioactive substances
radon
Radon is measured in ___ contained in a(n) ___ of ___.
Picocuries contained in a liter of air
In what states does radon occur?
All 50
What is the average outdoor radon level in the USA?
0.4 pCi/L
Fans and thermal “stack effects” pulls ___ into buildings
Radon
According to the American Cancer Society, radon is a(n) class ___ known human ___.
Class A
Human Carcinogwn
Radon is known to cause ___ in humans
cancer
What is the 2nd leading cause of lung cancer in the USA?
Radon
because neither the EPA nor current scientific consensus has established a threshold safe level of radon exposure, the EPA suggests an “action” level of ___ pCi/L.
4
___ consists of removing radon before it seeps into a house.
Mitigation
When a fan is installed in a pipe running from the basement to the attic to draw radon up and out, this process is called ___
radon mitigation
Radon mitigation is less expensive when the system is installed during ___
construction
Because about ___% of homes probably need radon mitigation, licensees should discuss radon concerns with their buyers.
7%
Licensees can direct buyers to the EPA website for the pamphlet titled ___ for additional information about radon testing and mitigation methods
A Citizen’s Guide to Radon
In IL, the Radon Resistant Construction Act states that all new construction of single family homes or structures with 2 or less apartments, condos, or townhomes must have a(n) ___ installed.
passive radon pipe
In IL, anyone who wants to upgrade their passive radon system with a radon vent fan or upgrade to an active mitigation system the work must be performed by a(n) ___.
IEMA Licensed Radon Mitigation Contractor
In IL, as of January 1, 2013, all licensed daycare facilities and in home daycares must test for ___.
Radon
In IL, as of January 1, 2014, all types of daycare facilities are mandated to show proof of ___ being conducted within the past ___ years on the property when they apply for an initial license or renal
Radon Testing
3 years
Since June 28, 2011, landlords in IL are required to inform all renters in writing before a lease is signed if the property has undergone ___ and if a(n) ___ exists
Radon testing
radon hazard
In IL, if a property has not been tested for radon, the potential renter has a right to…
Conduct a DIY test or ask the landlord to have a licensed radon contractor perform a test
If an IL renter conducts a DIY radon test and high levels are found, the renter is responsible to…
communicate this to the landlord in writing
The IL Radon Awareness Act states that sellers must…
Disclose IF a home has been tested for radon and share the results with the buyer
The IL Radon Awareness Act does NOT require which 2 things?
1) a radon test to be performed as part of the inspection process or prior to the sale of a home
2) a mitigation system be installed if the home is tested and tests high for radon
The IL Radon Awareness Act requires that sellers and landlords provide what pamphlet to prospective buyers or tenants?
Radon Testing Guidelines for Real Estate Transaction
In IL, the pamphlet titled “Radon Testing Guidelines for Real Estate Transaction” states that…
The property may present the potential for exposure to radon
In IL, radon disclosure is also required if a previous tenant tested and found radon levels over ___ pCi/L
4
In IL, the Radon Awareness Act requires a separate disclosure document for radon to be included in most residential real estate transactions. This document must meet which 5 criteria?
1) Has a radon warning statement advising that the home may pose a threat to their health if it has elevated levels of radon & that all homes should be tested
2) requires that a seller provide an IL Emergency Management Agency (EMA) approved pamphlet about general radon information to a buyer & disclose all information along with available documentation of the radon levels in the home
3) requires that real estate agents sign the disclosure to confirm that sellers have been made aware of their obligations
4) requires that all parties involved sign the disclosure acknowledging the transfer of the above info
5) requires that sellers disclose that they have no knowledge of elevated radon concentrations or that prior elevated radon concentrations have been mitigated or remediated
The IL Radon Awareness Act does NOT apply to the transfer of any residential dwelling unit located ___ or higher above ground level
3 stories
The IL Radon Awareness Act specifies that every dwelling unit, hotel, and single family home must have at least one ___ within 15 feet of every room used for sleeping
smoke detector
The IL Radon Awareness Act specifies that every dwelling unit, hotel, and single family home must have at least one smoke detector within ___ feet of every room used for sleeping
15
The IL Radon Awareness Act specifies that every dwelling unit, hotel, and single family home must have at least one smoke detector within 15 feet of every room that is…
used for sleeping
The IL Radon Awareness Act specifies that smoke detectors must be at least ___ inches from the wall if ceiling mounted
6
The IL Radon Awareness Act specifies that smoke detectors must be ___ to ___ inches from the ceiling if they are placed on a wall
4 to 6
The IL Radon Awareness Act mandates that there must be a(n) ___ on every level of a single family home including basements
smoke detector
The IL Radon Awareness Act mandates that there must be a smoke detector on every level of a single family home including basements but EXCLUDING ___
unoccupied attics
The IL Radon Awareness Act requires multi-unit buildings to have a smoke detector at the top of the ceiling within each ___
interior stairwell
Formaldehyde is classified as…
a PROBABLE human carcinogen
Formaldehyde is a major contributor to ___ syndrome in commercial properties
sick building syndrome
The largest source of formaldehyde in any building is likely to be off-gassing from ___ products made from using adhesives that contain ___.
pressed-wood products
urea-formaldehyde resins
___ products include particleboard, hardwood plywood paneling, and medium density fiberboard
pressed wood
Furnaces, water heaters, space heaters, fireplaces, and wood stoves all produce ___ as a natural result of combustion
carbon monoxide
When appliances function properly and are properly ventilated, ___ emissions are not a problem
carbon monoxide
Illinois requires that all residences are equipped with working ___ and ___.
Carbon Monoxide detectors
Smoke detectors
In IL, carbon monoxide detectors must be located within ___ feet of all ___
15 feet
bedrooms
___ can be found almost anywhere and can grow on almost any organic substance when moisture, oxygen, and an organic food source are present
mold
___ feeds mold growth
moisture
If a moisture problem is not discovered or addressed, ___ can eventually destroy what is growing on
mold growth
Building materials such as drywall may not allow ___ to escape properly
moisture
Vinyl wallpaper and exterior insulation finish systems do not allow ___ to escape
moisture
Glue and paper are…
food sources for mold
The EPA provides guidelines for the remediation and/or cleanup of mold and moisture problems in ___ and ___
schools and commercial buildings
___ requires mold disclosure on all ___ sales contracts
HUD
HUD sales contracts
