LAC SERIES: HB104 - RADON MITIGATION

By Barry Wilkins

Evolution Community Management

According to the American Cancer Society, “being exposed to radon for a long period of time can lead to lung cancer.”  “While Cigarette smoking is the most common cause of lung cancer in the United States, radon is the second leading cause.  Scientists estimate that about 20,000 lung cancer deaths per year in the US are related to radon.” 
 
Due to the risks associated with radon gas exposure, the Utah legislature passed HB104 which limits an associations authority to adopt or enforce a rule that prohibits an owner from making modifications for radon mitigation. Some associations may have concerns regarding the placement of mitigation systems and the change they may cause in the appearance of a unit and/or building.  HB104 permits an association to adopt a rule governing the placement or external appearance of modifications for radon mitigation unless the rule would unreasonably interfere with the modifications’ functionality, or add more than 40% of the modifications’ original cost to the cost of installing the modifications.  
 
While HB104 permits an association to adopt specific and reasonable rules for the installation of radon mitigation systems,  an association might want to consider taking proactive measures to educate their owners on the risks of radon, how to test for radon, and the associations approved process for the installation of radon mitigation systems that comply with SB104.  The Utah Department of Environmental Quality has more information on Radon and Mitigation on their website at:
 
https://deq.utah.gov/waste-management-and-radiation-control/radon/radon-program