§ 23-61-7. Radon inspections.
(a) The director, or his or her designee, is authorized to inspect any public or high
priority building, during business hours, or by appointment at another time agreed
to by the inspector and the owner, occupant or other person in charge of the building.
The owner, occupant or other person in charge of the building shall, upon presentation
of proper identification by the state inspector, for the limited purpose of inspection
for elevated radon/radon progeny levels, grant the inspector entry and free access
to every part of the building where elevated radon/radon progeny levels may pose a
hazard. If a
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§ 23-61-7. Radon inspections.
(a) The director, or his or her designee, is authorized to inspect any public or high
priority building, during business hours, or by appointment at another time agreed
to by the inspector and the owner, occupant or other person in charge of the building.
The owner, occupant or other person in charge of the building shall, upon presentation
of proper identification by the state inspector, for the limited purpose of inspection
for elevated radon/radon progeny levels, grant the inspector entry and free access
to every part of the building where elevated radon/radon progeny levels may pose a
hazard. If any owner, occupant or other person in charge of the building fails or
refuses to permit such access and entry to the building under his or her control,
or any part thereof, the state inspector may, upon showing that probable cause exists
for the inspection and for the issuance of a court order directing compliance with
the inspection requirements of this section, petition and obtain an order from a court
of competent jurisdiction. Any person refusing to comply with an order issued pursuant
to this section shall be subject to such penalties as may be authorized by law for
violation of a court order.
(b) The director shall establish regulations requiring the evaluation of all public and
high priority buildings for elevated levels of radon/radon progeny and/or adequacy
of any radon/radon progeny mitigation activities. The regulations shall require that:
(1) Evaluations be performed by a person licensed or certified in accordance with this
chapter;
(2) Results of the evaluations be submitted promptly to the director;
(3) The director shall provide written notice to the building owner when an evaluation
indicates that indoor radon or radon progeny levels exceed a standard or guideline
established by the director and/or any radon/radon progeny mitigation activities appear
to be inadequate. The notice shall include the results of the evaluation and shall
require that appropriate mitigation measures be taken to reduce radon/radon progeny
levels to meet the standard or guideline within a time frame established by the director.
(4) Once written notice has been provided to the building owner, the director or his or
her designee shall inspect the building at any reasonable time for the purpose of
reviewing the implementation of a radon/radon progeny mitigation activity subject
to § 23-61-5.