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Illinois laws and regulations topic guide

Illinois Radon Resistant Construction Act

A white pipe through a new home's attic is not proof that the home is radon free. It is infrastructure: a passive route that helps resist soil-gas entry and can accept a fan later if testing shows the need. That one idea makes the Act easier to remember. Construction prepares, measurement verifies, and licensed active mitigation corrects.

Last updated: August 1, 2026

What does current Illinois authority require?

Short answer: Since June 1, 2013, defined new residential construction throughout Illinois must include passive radon-resistant construction. The definition covers original construction of a single-family home or a dwelling containing two or fewer apartments, condominiums, or townhouses. The passive system uses natural airflow through a prepared soil-gas collection and vent path; it does not include a fan and does not guarantee a low radon level. The residential builder, subcontractors, or a radon contractor may install passive construction during the build. Only a licensed radon contractor may add the fan or upgrade the system to active mitigation. Local standards may be at least as stringent as state rules.

Official section
Illinois III.K: Radon Resistant Construction Act
Broker weight
Part of 25% of the Illinois state portion
Expected scored items
Additional Illinois Laws and Regulations accounts for about 10 of 40 state items

The PSI broker outline effective June 24, 2026 lists the Radon Resistant Construction Act in Illinois III.K. This guide uses 420 ILCS 52 and 32 Ill. Adm. Code 422.160 current through August 1, 2026. The agency named in the statute is the Illinois Emergency Management Agency, while the current state program is presented through IEMA-OHS. The construction rule is distinct from Radon Awareness Act disclosures and transaction measurement protocols. Local code officials and licensed radon professionals decide project-specific compliance.

Where is this tested on the Illinois outline?

Topic
Why radon matters
What to know
Naturally occurring uranium, radioactive decay, soil gas, colorless, odorless, tasteless, foundation opening, indoor accumulation, lung cancer, nonsmoker risk, smoking interaction, all Illinois counties, measurement, 4.0 pCi/L action guidance, no visual inspection answer, and long-term exposure
Best exam move
Remember that radon cannot be cleared by sight or smell; construction reduces entry potential while measurement establishes concentration.
Topic
Covered new residential construction
What to know
Original construction, Illinois, single-family home, dwelling, two or fewer apartments, two or fewer condominiums, two or fewer townhouses, effective June 1 2013, residential building contractor, new project, no existing-home assumption, no large multifamily assumption, and exact definition
Best exam move
Check original construction and dwelling type before applying the statewide passive-system mandate.
Topic
Passive radon-resistant construction
What to know
Passive new-construction pipe, natural convection, soil-gas depressurization path, no mechanical fan, below foundation, conditioned-space route, above roof, entry resistance, future activation, system label, and no result guarantee
Best exam move
Treat passive as fan-ready construction, not as an operating active system or a promise of less than 4.0 pCi/L.
Topic
Gas-permeable subfloor layer
What to know
Concrete slab, floor in contact with ground, living-space walls, soil-gas movement, clean aggregate, minimum four inches, sand, minimum four inches, geotextile drainage mat, perimeter, alternate demonstrated design, lateral flow, sub-slab communication, and future depressurization
Best exam move
The base layer lets soil gas move toward the collection point instead of trapping it in isolated pockets.
Topic
Soil-gas retarder
What to know
Polyethylene, minimum 6 mil, 3-mil cross-laminate alternative, equivalent flexible material, entire floor area, above permeable layer, before slab, sections lapped 12 inches, close around penetrations, seal punctures, seal tears, bridge slab cracks, and keep concrete out of voids
Best exam move
Do not call the membrane a complete radon system; it is one barrier component working with collection and venting.
Topic
Closing entry routes
What to know
Slab penetration, pipe, wire, bathtub, shower, water closet, polyurethane caulk, control joint, isolation joint, construction joint, wall joint, condensate drain, trap, nonperforated route, sump lid, gasket, floor drain inlet, masonry block, penetrations, air handler, duct, crawlspace opening, and air leakage
Best exam move
Close paths where soil gas can enter, but remember sealing alone is not the passive depressurization system.
Topic
Crawlspace sub-membrane system
What to know
Earthen floor, exterior vent, continuous polyethylene, minimum 6 mil, 12-inch overlap, sealed seam, foundation wall, interior pier, compatible adhesive, furring strip, tee, perforated pipe, membrane penetration, vertical vent, roof termination, adjacent opening distance, and passive SMD
Best exam move
For a crawlspace, place the collection path beneath a sealed ground membrane rather than treating open earth as acceptable.
Topic
Slab and basement sub-slab system
What to know
Basement, slab on grade, concrete floor, earth contact, minimum 3-inch Schedule 40 PVC, embedded in aggregate, tee, perforated pipe, perimeter drain tile loop, separate barrier area, individual vent, combined outlet, positive drainage, roof, and passive SSD
Best exam move
The pipe starts in the gas-permeable zone and rises through the building so future suction can reach the foundation area.
Topic
Vent routing and termination
What to know
Through building floors, conditioned-space route, above highest roof, at least 12 inches above penetration, two feet above window or conditioned-space opening, 10 feet from adjacent-building opening, separate foundations, combined vent, positive drainage to ground, roof flashing, no exhaust-impeding cap, and water tight
Best exam move
Route and discharge the passive pipe as a future mitigation path, not as plumbing, combustion exhaust, or an open attic termination.
Topic
Fan-ready electrical and access
What to know
Accessible attic, area outside and above habitable space, future fan location, roof-top electrical alternative, dedicated outlet in approved box, anticipated fan, minimum three feet attic piping, accessible conversion, system label each floor, accessible attic label, and no fan in passive system
Best exam move
The electrical outlet and usable pipe space prepare for later activation; they do not make the new system active.
Topic
Who may perform the work
What to know
Residential building contractor, subcontractor, radon contractor, passive construction during new build, licensed mitigation professional, active mitigation, vent fan, passive-to-active upgrade, radon measurement professional, home inspector, real estate broker, and no scope expansion
Best exam move
Builders may install the passive package during construction, but fan installation and system activation belong to a licensed radon contractor.
Topic
Testing after construction
What to know
Indoor-air measurement, lowest structural area, each foundation type, qualified measurement, short-term protocol, 48 hours, pCi/L, below 4.0 guidance, 4.0 or more, activation, mitigation, retest, renovations, two-year retest recommendation, passive pipe, and no construction certificate substitute
Best exam move
Use a valid measurement to decide whether passive construction is enough or licensed active mitigation should be considered.
Topic
State and local authority
What to know
IEMA, IEMA-OHS, primary state responsibility, coordination, oversight, implementation, rules, 32 Ill. Adm. Code 422.160, local government, ordinance, resolution, administration, enforcement, adoption by reference, at least as stringent, local permit, building official, and no weaker code
Best exam move
Apply the statewide floor and check the local code for equal or stronger construction and inspection requirements.
Topic
Construction, awareness, measurement, and mitigation
What to know
Radon Resistant Construction Act, Radon Awareness Act, disclosure pamphlet, known test result, buyer acknowledgment, Radon Industry Licensing Act, measurement, licensed contractor, passive system, active system, transaction negotiation, testing not automatically required, mitigation not automatically required by awareness disclosure, and separate duties
Best exam move
Name the legal job: new-build prevention, transaction disclosure, concentration measurement, or active reduction.

The RADON method for Illinois construction questions

  1. Recognize the project. Confirm original Illinois construction and a single-family home or qualifying dwelling containing two or fewer apartments, condominiums, or townhouses.
  2. Assemble the passive path. Look for gas-permeable material, a soil-gas retarder, closed entry routes, sub-slab or sub-membrane collection, vent piping, and roof discharge.
  3. Design for later activation. Confirm pipe labels, positive drainage, accessible fan location, the electrical outlet, and enough attic pipe for a future licensed fan.
  4. Observe the work boundary. Builders and subcontractors can install passive construction during the build; licensed radon contractors control fan installation and active mitigation.
  5. Note testing and local law. Passive construction never replaces an indoor-air measurement, and a local jurisdiction may impose equal or stronger construction requirements.
Checkpoint
Effective date
Current rule
June 1, 2013
Exam warning
Use current project and code facts
Checkpoint
Geography
Current rule
All areas of Illinois
Exam warning
No high-risk-county limitation
Checkpoint
Single-family
Current rule
Original construction covered
Exam warning
Existing remodel differs
Checkpoint
Small dwelling
Current rule
Two or fewer apartments, condos, or townhouses
Exam warning
Not every multifamily project
Checkpoint
Required system
Current rule
Passive radon-resistant construction
Exam warning
No fan required by passive definition
Checkpoint
Subfloor layer
Current rule
Minimum 4-inch listed aggregate or sand system
Exam warning
Alternative demonstrated designs possible
Checkpoint
Membrane
Current rule
Minimum 6 mil or 3-mil cross-laminate equivalent
Exam warning
Lap sections at least 12 inches
Checkpoint
Slab pipe
Current rule
Minimum 3-inch Schedule 40 PVC
Exam warning
Starts in permeable layer
Checkpoint
Roof termination
Current rule
At least 12 inches above highest roof penetration
Exam warning
Opening-distance rules also apply
Checkpoint
Future fan
Current rule
Accessible location, outlet, and at least 3 feet of attic pipe
Exam warning
Preparation is not activation
Checkpoint
Passive installer
Current rule
Builder, subcontractor, or radon contractor
Exam warning
During new residential construction
Checkpoint
Active installer
Current rule
Radon contractor only
Exam warning
Includes vent fan and upgrade
Checkpoint
Health guidance
Current rule
Home level below 4.0 pCi/L recommended
Exam warning
Only testing reveals concentration
Checkpoint
Local code
Current rule
May be at least as stringent
Exam warning
Check local administration

Which Illinois distinctions matter most?

Terms
Original construction vs. existing-home renovation
Difference
The Act defines new residential construction as original construction of specified homes. A remodel or ordinary addition to an existing home is not automatically that defined project.
Question cue
New dwelling or work on an existing one?
Terms
Passive system vs. active system
Difference
A passive system relies on natural airflow and has no vent fan. An active system uses a fan for mechanically driven soil depressurization.
Question cue
Natural convection or powered suction?
Terms
Radon-resistant vs. radon-free
Difference
Construction methods resist entry and prepare for mitigation. They do not establish a zero reading, a safe-level warranty, or a substitute for indoor-air testing.
Question cue
Risk-reduction design or measured result?
Terms
Soil-gas retarder vs. vent pipe
Difference
The membrane reduces entry and bridges cracks. The vent path collects and routes soil gas to discharge above the roof.
Question cue
Barrier or depressurization path?
Terms
Sub-slab vs. sub-membrane
Difference
Sub-slab collection serves concrete floors and permeable material beneath them. Sub-membrane collection serves earth floors or crawlspaces under sealed sheeting.
Question cue
Concrete slab or exposed soil?
Terms
Builder work vs. licensed radon work
Difference
The residential builder or subcontractors may install passive construction during the build. Only a radon contractor may add a fan or make the system active.
Question cue
Passive rough-in or powered mitigation?
Terms
Construction inspection vs. radon test
Difference
An inspection can confirm visible components and code details. A radon measurement determines the indoor concentration.
Question cue
Is it built correctly or what is the pCi/L?
Terms
4.0 pCi/L guidance vs. legal construction trigger
Difference
The state recommends keeping homes below 4.0 and considering mitigation above it. New-construction duties apply by project definition, not by a preconstruction radon test.
Question cue
Health action level or mandatory build scope?
Terms
State minimum vs. local standard
Difference
The state rule establishes a statewide floor. A local government may administer and enforce equal or more stringent radon-resistant standards.
Question cue
Baseline or added local protection?
Terms
Construction Act vs. Awareness Act
Difference
The Construction Act requires passive features in defined new homes. The Awareness Act governs radon information and disclosure in covered residential sales.
Question cue
How built or what disclosed?

How does the Illinois rule apply?

A new duplex

Scenario: A builder begins original construction of a duplex in an Illinois county that the buyer believes has low radon potential. The builder argues that no passive pipe is necessary because no elevated test exists.

  1. A duplex is a dwelling containing two apartments.
  2. The project is original construction in Illinois.
  3. The statewide mandate is not limited to selected radon zones.
  4. The construction duty does not depend on a preconstruction indoor-air result.
  5. Passive radon-resistant construction must be included.

Answer: The new duplex is covered statewide and requires the passive construction package.

A large new apartment building

Scenario: A developer constructs a new 40-unit apartment building and asks whether the definition in 420 ILCS 52 automatically controls the project.

  1. The project is original residential construction.
  2. However, the statutory definition names a single-family home or dwelling containing two or fewer apartments, condominiums, or townhouses.
  3. Forty apartments exceed that stated scope.
  4. The Act's specific definition therefore does not automatically cover the project.
  5. Other state codes, local ordinances, financing rules, or voluntary standards still require review.

Answer: The 40-unit building is outside this Act's stated new-residential-construction definition, but other requirements may apply.

The pipe has no fan

Scenario: A buyer sees a labeled pipe running from beneath the slab through the attic and above the roof. There is an outlet and open pipe space in the attic but no fan.

  1. The below-slab-to-roof path is consistent with passive construction.
  2. The outlet and attic space prepare for future activation.
  3. The absence of a fan means it is not an active soil-depressurization system.
  4. Natural airflow can occur without powered suction.
  5. A valid radon test is still needed to know the indoor concentration.

Answer: The facts describe a passive, fan-ready radon system, not proof of active mitigation or a low reading.

The builder wants to add the fan

Scenario: After a new home tests at 6.2 pCi/L, the general contractor offers to install a vent fan personally because the passive pipe is already present. The contractor has no radon mitigation license.

  1. The test result raises a mitigation concern under current health guidance.
  2. The passive pipe makes conversion easier but does not expand the builder's legal scope.
  3. Section 25 reserves fan installation and passive-to-active upgrades to a radon contractor.
  4. The general contractor is not stated to hold that license.
  5. A licensed radon contractor should design and perform the activation.

Answer: The unlicensed general contractor may not perform the fan upgrade; use a licensed radon contractor.

Two separated foundation areas

Scenario: A covered home has a basement and a crawlspace separated so soil gas cannot move freely between their collection areas. The plan uses one pipe only beneath the basement slab and no crawlspace membrane path.

  1. The basement calls for a sub-slab collection path.
  2. The earth-floor crawlspace calls for a sealed sub-membrane path.
  3. Separated foundation areas cannot be assumed to communicate.
  4. The rule calls for separate vent pipes or a continuous connected drain-tile route as applicable.
  5. The current one-pipe basement-only plan leaves the crawlspace unserved.

Answer: Revise the design so both foundation types have a compliant connected or separate collection and vent path.

The inspection passed but no one tested

Scenario: A local official confirms the passive components in a new home satisfy the adopted construction code. The seller then advertises the home as tested radon safe, although no indoor-air measurement occurred.

  1. The official confirmed construction compliance, not an air concentration.
  2. Passive features resist entry and prepare for mitigation.
  3. Radon cannot be detected by the senses.
  4. Only a measurement produces a pCi/L result.
  5. The advertised claim is unsupported by the inspection alone.

Answer: Do not claim the home was tested or is radon safe. State the verified passive features and obtain a valid measurement for concentration claims.

Where do candidates misread the Illinois rule?

Trap
Radon-resistant construction is required only in high-radon counties.
Correction
The statute and rule apply to defined new residential construction in all areas of Illinois.
Trap
Every new apartment building is within the Act.
Correction
The definition is limited to a single-family home or a dwelling containing two or fewer apartments, condominiums, or townhouses.
Trap
A passive system always includes an operating fan.
Correction
Passive construction relies on natural airflow. Adding a fan converts or upgrades it to active mitigation.
Trap
A passive pipe proves the home is below 4.0 pCi/L.
Correction
Construction does not generate an indoor-air result. The home must be tested to determine its radon concentration.
Trap
Sealing cracks alone is the required system.
Correction
Sealing is one entry-control component. The compliant passive package also needs a collection layer or membrane and vent path.
Trap
The radon pipe may end inside the attic.
Correction
The vent path terminates above the highest roof under the rule's stated height and opening-distance requirements.
Trap
Any builder can add the fan after a high test.
Correction
Only a radon contractor may install the fan or upgrade passive pipe to an active mitigation system.
Trap
A home inspector can certify a radon concentration by viewing the system.
Correction
A visual inspection assesses components. A valid radon measurement is needed for concentration.
Trap
A local government may replace the state rule with a weaker code.
Correction
Local radon-resistant construction regulations must be at least as stringent as the state rules.
Trap
The construction Act is the seller's radon disclosure law.
Correction
New-build construction and transaction disclosure serve different purposes under different statutes.

Can you apply the rule to a fresh scenario?

These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.

1. Which project is new residential construction under 420 ILCS 52?

  1. Original construction of an Illinois duplex
  2. Painting an existing office
  3. Renovating a 50-unit apartment building
  4. Replacing a roof on a warehouse
Show answer and explanation

Answer: Original construction of an Illinois duplex

A duplex is original construction of a dwelling containing two apartments, within the statutory definition.

2. What powers a passive radon-resistant system?

  1. Natural convective airflow
  2. A mandatory vent fan
  3. A furnace blower
  4. A sump pump motor
Show answer and explanation

Answer: Natural convective airflow

Passive new-construction pipe relies on natural airflow. Mechanically driven suction is active mitigation.

3. Who may install passive radon-resistant construction during a covered new build?

  1. The residential builder, subcontractors, or a radon contractor
  2. Only a real estate broker
  3. Only the future buyer
  4. Only the county recorder
Show answer and explanation

Answer: The residential builder, subcontractors, or a radon contractor

Section 25 permits those parties to install the passive construction package during new residential construction.

4. Who may add a radon vent fan to the passive pipe?

  1. A licensed radon contractor
  2. Any unlicensed electrician
  3. The listing broker
  4. Any home inspector
Show answer and explanation

Answer: A licensed radon contractor

Fan installation and conversion of passive pipe to an active system are reserved to a radon contractor.

5. What does code-compliant passive construction prove about indoor radon concentration?

  1. Nothing specific until the home is tested
  2. The result is exactly zero
  3. The result is always under 2.0 pCi/L
  4. Testing is prohibited
Show answer and explanation

Answer: Nothing specific until the home is tested

Passive features resist entry and prepare for mitigation, but only an indoor-air measurement determines the concentration.

How should you review this Illinois topic?

Session
1. Define scope and purpose
Focus
Radon, soil gas, health risk, original construction, single-family, duplex, two or fewer apartments, condominiums, townhouses, June 1 2013, statewide, passive requirement, and no large-building assumption
Proof you are ready
Classify 25 projects as covered or outside the definition and explain the decisive fact.
Session
2. Trace the passive path
Focus
Gas-permeable layer, four inches, membrane, 6 mil, 12-inch lap, sealed penetration, sump cover, sub-slab, sub-membrane, 3-inch PVC, positive drainage, roof termination, label, and foundation separation
Proof you are ready
Draw a slab and a crawlspace system from soil to roof and label each required function.
Session
3. Separate passive and active
Focus
Natural convection, no fan, future fan access, electrical outlet, three feet of attic pipe, active soil depressurization, mechanical suction, builder, subcontractor, licensed radon contractor, fan installation, and conversion
Proof you are ready
Sort 20 installation tasks by who may perform them and whether they create a passive or active system.
Session
4. Connect construction to testing
Focus
Visual inspection, indoor-air measurement, pCi/L, 4.0 guidance, lowest structural area, each foundation type, short-term test, mitigation, activation, retest, renovation, and no guarantee
Proof you are ready
Explain in 60 seconds why a compliant passive pipe does not establish a radon result.
Session
5. Compare related laws
Focus
Construction Act, Awareness Act, Industry Licensing Act, builder scope, measurement licensee, mitigation contractor, disclosure, known result, testing negotiation, local ordinance, state floor, enforcement, and professional referral
Proof you are ready
Match 25 scenarios to new construction, disclosure, measurement, active mitigation, or local code review.
Session
6. Apply RADON
Focus
Project scope, passive components, fan readiness, work boundary, measurement, local standard, IEMA-OHS, code official, licensed contractor, broker statement, and documentation
Proof you are ready
Score at least 90% on a fresh Illinois radon-construction set and explain every answer in RADON order.

Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.

Practice the Illinois rule in context

From concept to decision

Drill this topic, then review the explanation

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Questions students ask about Illinois Radon Resistant Construction Act

What does the Illinois Radon Resistant Construction Act require?

All new residential construction within the Act's definition must include passive radon-resistant construction. The statute defines that construction as installation of passive new-construction pipe, while the implementing rule adds the gas-permeable layer, soil-gas retarder, sealed entry routes, passive depressurization path, labels, future fan access, electrical outlet, and related design details. The requirement applies throughout Illinois, not only in counties thought to have higher radon potential.

Which homes count as new residential construction under the Illinois Act?

The statutory definition covers original construction of a single-family home or a dwelling containing two or fewer apartments, condominiums, or townhouses. It does not say every residential building of every size, and ordinary renovation of an existing home is not original construction. Always test the project against the exact definition and any local code that is at least as stringent as the state rule.

Is passive radon-resistant construction an active mitigation system?

No. A passive system relies on natural convective airflow through the vent path and has no radon vent fan. An active mitigation system uses a mechanically driven fan to depressurize soil beneath a slab, membrane, drain tile, or block wall. Passive rough-in prepares the home to resist entry and makes later activation easier, but it does not prove that the indoor radon concentration is below any particular level.

Who may install passive radon construction in Illinois?

During new residential construction, the passive radon-resistant work may be performed by the residential building contractor, the contractor's subcontractors, or a radon contractor. This is a specific statutory permission for the passive construction package. It does not authorize an ordinary builder or subcontractor to install a radon vent fan or convert the passive pipe into an active mitigation system.

Who may install an active radon mitigation system in Illinois?

Only a radon contractor may install an active mitigation system, add a radon vent fan, or upgrade passive new-construction pipe to an active system. Illinois licenses radon measurement and mitigation professionals through the state radon program. A real estate broker, home inspector, general contractor, electrician, or homeowner should not be described as authorized to perform licensed mitigation work merely because that person noticed a pipe or high result.

What are the main parts of Illinois passive radon construction?

The current rule uses a gas-permeable subfloor layer, a polyethylene soil-gas retarder, sealed entry routes and sumps, a passive sub-slab or sub-membrane vent path, properly routed and labeled piping, positive drainage, roof termination, future fan access, a nearby electrical outlet, and enough attic pipe for later fan installation. Crawlspace and slab foundations use different collection details, and separated foundation areas may need distinct pipes or a continuous connected path.

Does a passive radon system mean the home does not need testing?

No. Radon is invisible and has no smell or taste, so measurement is the only way to know the indoor concentration. Passive construction may reduce entry and prepares the building for activation, but it is not a test result. Current Illinois health guidance recommends a home level below 4.0 picocuries per liter and consideration of mitigation when the result exceeds 4.0. Testing and any licensed activation are separate steps.

Can an Illinois municipality adopt its own radon construction rule?

Yes. A local governmental unit with a radon-resistant construction ordinance, resolution, or law may administer and enforce it. A governmental unit may adopt the state rules by reference or adopt regulations at least as stringent as the rules promulgated by the state agency. The phrase at least as stringent is important: local standards can add protection but cannot be used as a weaker substitute.

Is the Radon Resistant Construction Act the same as the Illinois Radon Awareness Act?

No. The construction Act governs passive radon features in defined new residential construction. The Radon Awareness Act concerns information and disclosure in covered residential real estate transactions. Neither should be confused with actual testing, licensed measurement, active mitigation, or a contractual agreement about who will pay for work. The exam often tests the purpose of each law rather than technical construction dimensions.

Are these official Illinois real estate exam questions?

No. They are original study questions aligned to the Illinois Radon Resistant Construction Act in Illinois III.K of the PSI broker outline effective June 24, 2026. The statute, current 32 Illinois Administrative Code Part 422 construction rule, IEMA-OHS radon program, IDPH guidance, and related licensing and awareness statutes were reviewed through August 1, 2026.

Primary sources

The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.

Editorial status

Checked against primary sources

The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.

Read our editorial and corrections process

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