Loading...
HomeMy WebLinkAboutMemo - Mail Packet - 10/21/2025 - Memorandum from Selina Lujan de Albers and Emily Olivo re Council Inquiry Follow-Up- Regarding Active Radon Mitigation in New Residential ConstructionEnvironmental Services Department 222 Laporte Ave. PO Box 580, Fort Collins, CO 80522 Cc: Tyler Marr, Deputy City Manager MEMORANDUM Date: October 15, 2025 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Jacob Castillo, Chief Sustainability Officer, Sustainability Services From: Selina Lujan de Albers, Manager, Environmental Sustainability Emily Olivo, Lead Specialist, Environmental Sustainability Subject: Council Inquiry Follow-Up- Requiring Active Radon Mitigation in New Residential Construction The purpose of this memo is to follow up on Council inquiry regarding the rationale behind not requiring active radon mitigation systems in new residential construction. BOTTOMLINE Through the adoption of several building codes since 2005, the City requires all newly constructed homes to have a certain level of radon mitigation. At a minimum, all new residential buildings must be constructed with passive radon mitigation systems, and builders are required to perform radon testing of that system and install an active system if results meet or exceed the level specified in code. If Council wishes to require active systems in all new residential construction that result in radon levels below what is specified in code, this can be considered as part of the next update to City building codes. CONTEXT Through policies and programs focused on radon testing and mitigation, the City of Fort Collins has prioritized reducing the risk of radon throughout the community for several decades. Key local policies include: • Radon Disclosure Requirement: Since 1997, City code has required that every property seller provides radon information to the purchaser prior to the execution of any contract for the property. o Note: Due to more comprehensive state-level disclosure requirements as of 2023, this code is currently being considered for repeal (Ordinance No. 161) and will go to Council for 2nd reading on October 21, 2025. • Radon-Resistant New Construction (RRNC): Advancing beyond radon disclosure, as of January 1, 2005, Council amended the building code, consistent with Appendix F of the International Residential Code (IRC), to require passive radon mitigation systems in single-family homes and duplexes. o Note: While state law and local ordinances mandate the disclosure of radon information at the point of the sale of a residential property, mitigation is not required unless negotiated as a part of the sale. Docusign Envelope ID: BC51B0A1-35FC-432A-B135-A2A0C276B4C7 In 2006, the City conducted a study demonstrating the efficacy of passive radon mitigation. Using the Environmental Protection Agency’s protocol for “cap-on/cap-off” radon studies, the City tested 65 new Fort Collins homes that were built in accordance with RRNC requirements. Results of the study determined that RRNC (passive mitigation systems) reduces radon by an average of 49%. In the 2021 code and carried into the 2024 code, the City of Fort Collins took RRNC requirements a step further through the adoption of Appendix BE Radon Control Methods of the IRC. Per section BE104.1 Testing, testing shall be further specified by the following items regarding active mitigation: 1. Testing shall be performed after the dwelling passes its air tightness test. … 9. Written radon test results shall be provided by the test lab or testing party. The final written test report with results less than 4 picocuries per liter (pCi/L) shall be provided to the code official or a fan installed as per #10. 10. Where the radon test result is 4 pCi/L or greater, the fan for the radon vent pipe shall be installed as specified in Sections BE103.9 and BE103.12. 11. Where the radon test result is 4 pCi/L or greater, the system shall be modified and retested until the test result is less than 4 pCi/L. • Item #11 is a part of Appendix BE that was not adopted in the building code. The current measures within code are intended to help ensure newly constructed homes receive the right level of mitigation at the point of construction. If further action is desired, there is an opportunity to amend code to require active mitigation as a part of the upcoming building code adoption, which will go to Council for 1st reading on December 2, 2025. A consideration, however, of requiring active mitigation is that if a builder were to activate a system at the onset, the exclusion of item #11 under section BE104.1 from the code removes the following testing requirements: 1. Prior testing to determine whether mitigation is needed and/or to right-size the system based on tested radon levels. 2. Testing post installation ensuring that the activation of the system lowered radon levels to < 4 pCi/L. If Council were to pursue the requirement of active mitigation, it is recommended to include the adoption of item #11 under section BE104.1. An additional consideration is that state law would still require radon information and testing and mitigation disclosures at the time of sale; and City radon education efforts would still recommend that community members regularly test their home every 2 years. Note that the decision by Council regarding Ordinance No. 161, repealing the code for radon disclosure of radon information in real estate transactions, would not affect current or future mitigation requirements. Docusign Envelope ID: BC51B0A1-35FC-432A-B135-A2A0C276B4C7