§ 48-16a06 — Radon mitigation technician; certification; training course; examination; when section not applicable

(a) A person may not perform radon mitigation or represent or advertise that such person may perform radon mitigation unless such person has been certified by the department.
(b) Any person desiring to be certified as a radon mitigation technician shall submit an application on a form prescribed by the department along with the nonrefundable application fee.
(c) A radon mitigation technician shall comply with the requirements of the radon certification law and any rules and regulations adopted thereunder.
(d) (1) Except as provided by this section, no person shall be certified by the department as a certified radon mitigation technician unless such person shall have completed successfully a training course and passed an examination on radon mitigation offered by the national radon safety board, the national environmental health association, or another organization determined by the department to have a radon mitigation certification examination equal to or better than the national environmental health association or the national radon safety board.
(2) Applicants who are certified by either the national environmental health association or the national radon safety board on July 1, 2011, and who have completed an approved training course and passed an examination on radon mitigation at any time prior to July 1, 2011, shall be deemed to have met the requirements of paragraph (1).
(e) The provisions of this section shall not apply to:
(1) Any person testing or mitigating buildings owned or occupied by such person.
(2) Any person not otherwise certified under the radon certification law who incorporate radon control options during construction in conformance with guidance designated by the department including, but not limited to, Appendix F of the 2003 international residential code or the applicable sections of ASTM E1465 "Standard Practice for Radon Control Options for the Design and Construction of New Low Rise Residential Buildings." Any upgrade or modification of the system to make it an active mitigation system shall be done by persons certified by the department and certified under the radon certification law.
(3) Laborers performing specific mitigation system installation tasks under the direct on-site supervision of a certified radon mitigation technician.
(4) Trade professionals installing portions of a radon mitigation system at the request of a radon mitigation business and under the direct on-site supervision of a certified radon mitigation technician.
(5) Any person who sells, or offers for sale at a retail outlet, radon measurement devices, such as charcoal canisters if:
(A) The radon measurement devices are manufactured or supplied by a certified person by the department;
(B) the analysis, result and interpretation of such tests are performed by a laboratory certified by the department and sent directly to the purchaser;
(C) consultation on radon is provided only by a certified radon measurement technician; and
(D) the measurement devices are stored and displayed in a manner that maintains their integrity.
(6) Any person testing for or mitigating radon as part of radon training approved by the department, scientific research approved by the department or as a public service without remuneration, and not performed for the purposes of transferring real property, as approved by the department.

Legislative History

L. 2010, ch. 94, § 6; July 1.