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Developer sued over radon

Homeowners allege that fake radon systems were installed to fool building inspectors.

By Edward Marshall / Journal Staff Writer

POSTED: June 23, 2008

 

CHARLES TOWN — A total of 10 current and former homeowners in the Locust Hill subdivision in Charles Town are suing the builder of their homes for allegedly failing to install functional radon removal systems, and in one case allegedly installing fake pipes to intentionally deceive building inspectors.

The lawsuit was filed in Jefferson County Circuit Court on May 16 on behalf of the homeowners by the Skinner law firm, based in Charles Town, and names Richmond American Homes of West Virginia, its parent company M.D.C. Holdings, and three subcontractors as defendants.

According to the suit, Jefferson County is an Environmental Protection Agency “Zone 1 radon area”, meaning the county is an area with high radon levels. Radon is a naturally occurring, colorless and odorless radioactive gas that comes from the breakdown of uranium in soil, rock and ground water, and has been shown to lead to lung cancer.

The suit alleges that Richmond American Homes violated county building codes by failing to install functional radon removal systems in the plaintiffs’ homes, and allegedly even put in place fake systems in at least one of the homes.

M.D.C. Holdings, Inc., is a nationwide homebuilder and home lender that builds houses under the name Richmond American Homes through subsidiaries that it owns. According to the complaint, the corporation’s total revenue for the first quarter of 2008 was $406.1 million with the average selling price of a home being $313,200. Richmond American Homes of West Virginia, Inc, is a subsidiary of the company.

The other defendants named in the suit are Specialized Engineering, North Star Foundations and Breeden Mechanical, all subcontractors that the suit alleges may have contributed in some way to the improper design of the homes, faulty construction and, or improper installation of the radon removal systems.

Each plaintiff in the case is seeking compensatory damages, punitive damages, pre-judgment interest, post-judgment interest and attorneys fees. They have demanded a trial by jury.

Law aims at reducing Minnesota radon levels

5/19/2007 8:55:29 AM

By Matthew Stolle

The Post-Bulletin 

Rick Rein didn't know a thing about radon when he bought his new home in Rochester in 2003. Then he had his house tested for it and came away with a nasty surprise.

The radioactive gas existed in his home at elevated levels, higher than recommended by the Environmental Protection Agency, increasing his risk for lung cancer.

Rein is almost certainly not alone. More than half the homes tested in Olmsted County for radon since 1992 have shown levels above the recommended amount, county officials say.

Rein's experience eventually became the catalyst for a new law authored by state Rep. Kim Norton of Rochester that mandates the installation of mitigation controls for radon when new homes are built. Gov. Tim Pawlenty signed the bill earlier this month. It goes into effect on Aug. 1.

"Fifteen percent of all lung cancers are said to be caused from radon," Norton said, citing a figure by the World Health Organization. "It's taking a bite out of that 15 percent by protecting people who buy new homes."

A natural byproduct of the radioactive decay of uranium, radon can't be seen, smelled or tested. That elusiveness is part of the reason it is easy to ignore. Radon exists in the soil and slips into homes through cracks in the foundation. Homes with basements are more vulnerable to radon build-up, because of their increased contact with the soil.

The link between radon and lung cancer has been demonstrated, officials say, through statistical studies that have examined decades-long exposure to radon. In a letter, Bill Angell, a University of Minnesota professor and expert on radon, told Pawlenty that radon in Minnesota homes "causes the premature of death of as many as 1,000 citizens a year."

When Pawlenty signed the bill, Minnesota became the only state in the country to mandate systems to remove radon. Advocates say it makes sense, because radon exists unevenly throughout the United States.

"The whole southern half of Minnesota and whole state of Iowa as defined by the EPA is a high radon potential area," said Dan Delano, a registered environmental health specialist for Olmsted County.

The Home Builders of Minnesota had traditionally opposed the measure, arguing that the link between radon and lung cancer is unproved, officials say. This year the group lined up behind the legislation, joining public health officials, radon experts and scientists in support of the measure.

Anti-radon modifications inspired by Rochester man's ordeal

5/19/2007 8:55:19 AM

By Matthew Stolle

The Post-Bulletin 

It reportedly causes more death than drunken driving, drowning and home fires, yet radon has never received the respect as a threat to public health that health experts believe it deserves.

Part of the reason, experts note, is the nature of the gas itself. Though radioactive, it is naturally occurring, not man-made. Being tasteless and invisible, it also is not easy to detect.

Even the studies that have established a statistical link between radon and lung cancer have produced conclusions that critics have found easy to mock.

The best known of those surveys is the Iowa Radon Lung Cancer study. That study showed that prolonged exposure to radon -- defined as 76 years, 18 hours a day at a level of 4 picocuries per liter -- increased one's risk of lung cancer at about 2 percent, on an individual basis.

That may seem small, said Dan Delano, a registered environmental health specialist for Olmsted County, but from a public health standpoint, the number is huge.

"When you start talking about 2 percent of the U.S. population, that's a lot of people," Delano said.

A new law authored by Rep. Kim Norton and signed by Gov. Tim Pawlenty this month mandates that a radon mitigation system be installed in homes at the time of construction. The requirement is expected to add an extra $500 to the price tag of a house, home builders say.

Making such modifications after a house is already built is more expensive, from $1,200 to $2,000.

Though the Home Builders Association of Minnesota came out in support of the legislation, some area home builders remain ambivalent about the new requirement.

Mike Paradise, president of Bigelow Homes in Rochester, worries that the new mandate and other changes to the building code are driving the price of new houses to unaffordable levels.

"Collectively, all these little things that get added on do prohibit some people from being able to afford housing," Paradise said.

Yet Paradise doesn't dispute that Rochester has some areas of town with high radon levels.

Part of the problem is the way homes are built and sealed so tightly these days. That air-tight quality, combined with all the fans, clothes dryers and other exhaust systems inside a home, creates a negative pressure that sucks in gases like radon.

New homeowner gets a surprise

Rick Rein was a new homeowner in Rochester when Olmsted County officials sent him a letter inviting him to test his home for radon. Rein knew little about radon, having come from the Chicago area, where radon is not as big an issue. The test showed radon levels slightly above recommended Environmental Protection Agency amounts in his home.

Rein did a little more digging and found out that area builders, though aware of the radon issue, weren't required to incorporate radon mitigation systems into the homes they build.

He also wondered why such systems weren't mandated at the time of construction, since their installation after construction is considerably more expensive.

"I just felt like we've got so many laws in this country aimed at protecting citizens and consumers, why was this one kind of missed and neglected?" Rein said.

He eventually passed on his concerns to Norton, who was running for office at the time. Norton lost her bid for office that year. During that time, Norton had her own house tested for radon and was distressed to discover radon levels twice the accepted level.

When she won election in 2006, she took her concerns about radon to the House of Representatives.

Her bill, signed by Pawlenty this month, requires that home builders install a system for keeping radon out of homes at the time of construction. That system typically involves PVC piping that runs from the foundation to the roof and vents radon into the air.

Radon suspected

It's impossible to say with certainty whether radon is responsible for any individual case of lung cancer, but Dan Hylland of Rochester suspects it played a role in his dad's cancer.

His dad, Gerhard, was considered a nonsmoker. But because he grew up in Iowa and lived in Rochester, both of which have high levels of radon, Mayo Clinic doctors suspected the radioactive gas as the culprit. His home in Rochester also tested high for radon.

Surgeons removed the cancer from his lung, and Gerhard was clean for about a year until doctors found a couple of tumors in his brain. Both have since been removed.

"He may be in the clear, but we really don't know," Hylland said.

Hylland said he decided to research radon after his dad's bout with cancer. He learned that radon is the second-leading cause of cancer, and that Olmsted County has some of the highest levels of radon in the state.

Hylland also discovered that there were few places for homeowners to turn to mitigate radon levels. So he decided to start a company that provides radon testing and installs mitigation systems, called Athelon Enterprises LLC.

Hylland said he encountered different arguments from those opposed to mandated controls imposed on home builders. Some say the connection between radon and lung cancer hasn't been proven. Others say the chances of getting cancer from radon are negligible.

"Even if it is 2 percent, is your father or mother worth the $300 that it would cost" to install the system, he said.

5/4/2007 - Governor Signs Radon Legislation!

On Friday May 4th, Minnesota Governor Tim Pawlenty signed into law Senate File 1735 which requires all new homes in areas with high concentrations of Radon to be built radon resistant.  Minnesota is the first state to require radon mitigation systems in new homes.  This is an incredible step forward in protecting Minnesotans from the second leading cause of lung cancer.  The bill goes into effect August 1st of this year, and the implementation of this law is now in the hands of the commissioner of labor and industry who will adopt rules for radon control as part of the State Building Code.  The exact wording of the code is undetermined at this time, but it shall incorporate the radon control methods found in the International Residential Code Appendix F as model language. 

May 25, 2005 - Results of Iowa Radon Lung Cancer Study Released.

The effects of long-term exposure to radon in the home continues to be researched, and the results of a recent study led by researchers at the University of Iowa College of Public Health was released on May 25, 2005. The findings suggest that prolonged exposure to radon, even at 4 pCi/L, increases lung cancer risk. The Iowa Radon Lung Cancer Study, funded by the National Institute of Environmental Health Sciences, included investigators from the University of Iowa, St. John's University in Collegeville, Minn. and the University of Kansas. The results were published in the June 1 issue of the American Journal of Epidemiology. A copy of the study is availible for downloading on the "Research" page.

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