§ 23-61-5. Licensing and certification.
(a) All persons providing or offering to provide the following services must be certified
or licensed in accordance with regulations adopted pursuant to the authority conferred
by this chapter:
(1) Screening sampling/testing of air for radon/radon progeny;
(2) Diagnostic sampling/testing of air for radon/radon progeny;
(3) Mitigation planning services for radon/radon progeny;
(4) Training courses offered for the purpose of meeting any of the licensing and/or certification
requirements mandated by this chapter.
(b) The director may assess fees for licenses and certifications issued in accordance
with regulations promulgated pursuant to the authority conferred by this section,
provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed. The fees collected shall be deposited in a restricted receipt
account as provided for under § 23-61-8 of this chapter.
(c) Any person, firm, corporation, or other entity who shall perform or otherwise engage
in:
(1) Screening sampling/testing of air for radon/radon progeny;
(2) Diagnostic sampling testing of air for radon/radon progeny;
(3) Mitigation planning services for radon/radon progeny; or
(4) Training courses offered for the purpose of meeting any of the licensing and/or certification
requirements mandated by this chapter:
(i) Without a license shall be fined five hundred dollars ($500) for each offense and
shall be ordered to forfeit all fees derived from such activity for the first offense
and shall be fined one thousand dollars ($1,000) for the second and each subsequent
offense and shall be ordered to forfeit all fees derived from such activity on the
second and subsequent offenses. The attorney general is authorized to pursue forfeiture
actions against all violators and also to apply for and obtain injunctive relief against
continuing violations of this section.
(d) All fines and all fees that have been forfeited under this section shall be placed
in the state general fund.
(e) The requirements of this section shall not apply to: (a) those individuals testing
or mitigating a private residence owned or leased by the individual who is performing
the testing or mitigation; or (b) any individual testing their own living area.