Chapter 3701-69 Radon Testing

As used in this chapter:

(A) “Building” means a publicly or privately owned structure consisting of any combination of foundations, walls, columns, girders, beams, floors, or roofs, with or without other elements or appurtenances.

(B) “Business entity” means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.

(C) “Direct on-site supervision” or “on-site supervision” means oversight, review, and approval of work at a site prior to, during as necessary, and upon completion of radon mitigation. Continual physical presence of the person doing the supervision is not required.

(D) “Director” means the director of health or his authorized representative.

(E) “Government entity” means the state, a state agency as defined in section 1.60 of the Revised Code, a political subdivision, or any entity of local government.

(F) “Person” means any individual, business entity, or government entity.

(G) “Radon” means both the radioactive, gaseous element produced by the disintegration of radium (atomic weight 222, and half-life 3.82 days) and the short-lived radionuclides that are decay products of radon. The short-lived radionuclides that are decay products of radon (radon progeny) are limited to polonium-218, lead-214, bismuth-214, and polonium-214.

(H) “Radon laboratory” means a business entity or government entity that analyzes air, soil, water, or passive radon detection devices to determine the presence and concentration of radon in them.

(I) “Radon mitigation” means the application or installation of methods or materials to reduce airborne radon concentrations or to prevent the entry of radon into the indoor atmosphere.

(J) “Radon mitigation contractor” means a business or government entity which performs or authorizes employees to perform radon mitigation.

(K) “Radon mitigation specialist” means an individual who performs radon testing; provides professional or expert advice on radon testing, radon exposure, health risks related to radon exposure, radon mitigation, or radon entry routes; provides on-site supervision of radon mitigation; or holds himself or herself out as doing any of the foregoing.

(L) “Radon test” means the act of examining a building, air, soil, or water for the presence and concentration of radon, including taking air, soil, or water samples, or the act of diagnosing the cause of radon contamination in a building.

(M) “Radon tester” means any individual who performs a test to determine the presence and concentration of radon; provides professional or expert advice on radon testing, radon exposure, or health risks related to radon exposure; or holds himself or herself out as doing any of the foregoing.

(N) “Radon resistant new construction” (RRNC) means the established USEPA model standards and techniques for control of radon, as described in USEPA document 402-R-94-009, or any substantially equivalent techniques approved by the director in writing.

(O) “USEPA” means the United States environmental protection agency.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.01 to 3723.17

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) Except as otherwise provided in this rule:

(1) No individual shall perform radon testing, or hold himself or herself out as performing radon testing, without a valid radon tester or mitigation specialist license.

(2) No individual shall provide professional or expert advice on radon testing, radon exposure, or health risks related to radon exposure, or hold himself or herself out as providing such advice, without a radon tester or mitigation specialist license.

(3) No individual shall provide on-site supervision of radon mitigation or hold himself or herself out as providing such supervision, without a radon mitigation specialist license.

(4) No individual shall provide professional or expert advice on radon mitigation or radon entry routes, or hold himself or herself out as providing such advice, without a radon mitigation specialist license.

(5) No business entity or government entity shall perform or authorize any individual employed by it to perform radon mitigation or hold itself out as performing radon mitigation without a valid radon mitigation contractor license.

(B) Paragraph (A) of this rule does not apply to any of the following:

(1) An individual, business entity, or government entity using radon resistant new construction techniques during new construction

(2) An individual, business entity, or government entity performing radon tests or mitigation on a building or real property that the individual, business entity, or government entity owns or leases;

(3) An individual, business entity, or government entity practicing in accordance with section 3723.03 of the Revised Code and paragraph (D) of this rule as a radon tester, mitigation specialist, or mitigation contractor under a license issued by another state; or

(4) An individual, business entity, or government entity conducting research regarding radon testing or mitigation in accordance with section 3723.04 of the Revised Code.

(C) Paragraph (A)(5) of this rule does not apply to an employee of a licensed radon mitigation contractor, or a general contractor that subcontracts for radon mitigation to be performed by a licensed radon mitigation contractor.

(D) Pursuant to division (B) of section 3723.02 of the Revised Code and paragraph (B)(3) of this rule, an individual, business entity, or government entity that holds a valid license issued by another state authorizing practice as a radon tester, mitigation specialist, or mitigation contractor under the laws of that state may practice in this state without a license issued under Chapter 3723. of the Revised Code and this chapter for not more than ninety consecutive days in any calendar year as a radon tester, mitigation specialist, or mitigation contractor, if the director finds that the requirements for licensure in that state are comparable to the requirements for licensure under Chapter 3723. of the Revised Code and this chapter and the individual, business entity, or government entity provides notice to the director, in accordance with this paragraph, prior to commencing practice in this state.

(1) An individual, business entity, or government entity that intends to practice in this state without a license shall file written notice with the director no fewer than thirty days before commencing practice.

(2) The notice required by paragraph (D)(1) of this rule shall include the name and address of the individual or entity, whether the individual or entity intends to practice as a radon tester, mitigation specialist, or mitigation contractor and a complete list of all locations for all jobs where the individual or entity intends to perform radon testing or mitigation. The notice shall be accompanied by a copy of the individual’s or entity’s valid license as a radon tester, mitigation specialist, or mitigation contractor, as applicable, issued by the other state.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.02, 3723.03

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) To apply for a license as a radon mitigation contractor, a person shall submit to the director an application on a form prescribed and provided by the director, which shall include but shall not be limited to the following:

(1) Name and address of applicant;

(2) Type of business structure and proof that the business name is registered with the Ohio secretary of state;

(3) Name of the chief executive officer, partners, or sole proprietor;

(4) Names of all unlicensed employees directly involved in radon mitigation system installation;

(5) License numbers and names of licensed radon testers and mitigation specialists employed;

(6) Names and credentials of persons conducting worker training;

(7) Description of any of the following matters to which the applicant or an affiliated, associated, or related person was a party:

(a) Any radon mitigation or radon testing projects which were terminated prior to completion;

(b) Any penalties, citations, or administrative orders or actions pertaining to radon mitigation or radon testing; or

(c) Any lawsuits pertaining to radon mitigation or radon testing. Copies of initial pleadings and final orders shall be attached to the application;

(8) The quality assurance and quality control procedures as described in paragraph (A)(3) of rule 3701-69-04 of the Administrative Code that will be utilized to assure the reliability and validity of radon measurements;

(9) The radiological safety plan designed to keep each employee’s exposure to radon as low as reasonably achievable;

(10) Type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring non-portable equipment for analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under division (C) of section 3723.07 of the Revised Code and rule 3701-69-08 of the Administrative Code;

(11) The frequency and method of calibration of instruments.

(12) Federal tax identification number; and

(13) The basic quality control and quality assurance procedures as described under paragraph (A)(4)(C) of rule 3701-69-04 of the Administrative Code, to be utilized to ensure effective radon mitigation and protect the public from unnecessary exposure to radiation.

(B) To apply for a license as a radon tester, an individual shall do all of the following:

(1) Submit to the director an application on a form prescribed and provided by the director, which shall include but shall not be limited to the information required by paragraphs (A)(1) and (A)(7) to (A)(12) of this rule;

(2) Provide documentation that he or she successfully completed the training course required by paragraph (A)(3)(b) of rule 3701-69-04 of the Administrative Code. The documentation shall include the course title, course sponsor, names of course instructors, date and place of course, and length of course; and

(3) Provide documentation that he or she passed the examination required by paragraph (A)(3)(c) of rule 3701-69-04 of the Administrative Code

(C) To apply for a license as a radon mitigation specialist, an individual shall do all of the following:

(1) Submit to the director an application on a form prescribed and provided by the director, which shall include but shall not be limited to the information required by paragraphs (A)(1) and (A)(7) to (A)(13) of this rule;

(2) Provide documentation that he or she successfully completed the training course required by paragraph (A)(4)(a) of rule 3701-69-04 of the Administrative Code. The documentation shall include the course title, course sponsor, names of course instructors, date and place of course, and length of course; and

(3) Provide documentation that he or she passed the examination required by paragraph (A)(4)(b) of rule 3701-69-04 of the Administrative Code

(D) Each license issued under this chapter is nontransferable and shall expire two years after the date of issuance. A licensee may apply for renewal of a license by doing all of the following:

(1) Submitting an application for renewal, which shall include the licensee’s license number and the information required by paragraphs (A)(1) to (A)(4) of this rule, to the extent that the information was required in the original application. The application shall be submitted no less than ninety days before the expiration of the existing license;

(2) Submitting a description of any changes or additions to the information required by paragraphs (A)(5) to (A)(13) of this rule; and

(3) Submitting documentation that demonstrates successful completion of the relevant continuing education hours required by rule 3701-69-05 of the Administrative Code or, in the case of a radon mitigation contractor, successful completion by the mitigation contractor’s employees of the basic mitigation training required by paragraph (C)(4) of rule 3701-69-05 of the Administrative Code

(E) An application for licensure or license renewal shall be accompanied by a check or postal money order payable to the “Treasurer, State of Ohio” to pay the nonrefundable biennial license fee of the following applicable amount:

(1) For a radon mitigation contractor license or renewal application, eight hundred dollars.

(2) For a radon mitigation specialist license or renewal application, six hundred dollars.

(3) For a radon tester license or renewal application, four hundred dollars.

(F) A request to replace a lost, stolen or damaged license card or certificate issued pursuant to this chapter shall be made in writing and accompanied with a check or postal money order payable to the treasurer of the state of Ohio in the amount of twenty-five dollars.

(G) Within thirty days after receiving an application and the proper fee under this rule, the director shall acknowledge receipt in writing. The director also may make a written request that the applicant provide additional information that the director determines to be necessary to assess compliance with the criteria, standards, and requirements established by Chapter 3723. of the revised code and this chapter. The applicant shall submit any additional information requested by the director so that it is received by the director within ten business days of the mailing of the director’s request. If the application still is incomplete, the director may make further requests for information. The application shall not be considered complete until the director has received the proper fee and any requested additional information.

(H) An individual, business, entity, or government entity may hold more than one license issued under Chapter 3723. of the Revised Code and this chapter, but except as provided in paragraph (C) of rule 3701-69-04 of the Administrative Code, a separate application and fee is required for each license.

(I) No person shall fraudulently or deceptively obtain or attempt to obtain a license under this chapter.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.03, 3723.06, 3723.08

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) After a license or renewal application is completed in accordance with rule 3701-69-03 of the Administrative Code, the director shall determine whether the applicant meets the following criteria, as applicable:

(1) The radiological safety plan and the quality assurance and quality control procedures are sufficient to assure that employee exposure to radiation is as low as reasonably achievable, protect the public from unnecessary exposure to radiation, assure valid and reliable radon measurements, and assure effective radon mitigation;

(2) The applicant demonstrates the capacity to comply with the applicable requirements of Chapter 3723. of the Revised Code and this chapter;

(3) In the case of an application for a radon tester license:

(a) The applicant’s quality assurance and quality control procedures contain the elements of the protocols described in the current version of the following documents:

(i) “USEPA’s National Radon Proficiency Program’s Guidance on Quality Assurance” EPA 402-R-95-012;

(ii) “Indoor Radon And Radon Decay Product Measurement device Protocols” EPA 402-R-92-004;

(iii) “Protocols for Radon and Radon Decay Product Measurements in Homes” EPA 402-R-92-003;

(iv) “A Citizen’s Guide to Radon” EPA 402-K-92-001;

(v) “Radon Measurement in Schools” EPA 402-R-92-014; and

(vi) “The Home Buyer’s and Seller’s Guide to Radon” EPA 402-R-93-003 ; or

(vii) include procedures that the director finds to be equal to the provisions of those documents.

(b) The applicant has successfully completed a radon measurement training course currently approved by the director under division (A) of section 3723.07 of the Revised Code and rule 3701-69-06 of the Administrative Code and

(c) The applicant has passed a radon measurement examination currently approved by the director

(4) In the case of an application for a mitigation specialist license:

(a) The applicant has successfully completed a radon mitigation training course and a radon measurement training course currently approved by the director under division (A) of section 3723.07 of the Revised Code and rule 3701-69-06 of the Administrative Code

(b) The applicant has passed a radon measurement examination and a radon mitigation examination currently approved by the director ; and

(c) The applicant’s quality assurance and quality control procedures for radon mitigation contain the elements of the “USEPA’s Radon Mitigation Standards” EPA 402-R-93-078 or include procedures that the director finds to be equal to the provisions of that document.

(B) Within sixty days after receiving a complete application in accordance with rule 3701-69-03 of the Administrative Code, the director shall mail a notice either issuing or renewing the license or proposing to refuse to issue or renew the license.

(C) Notwithstanding paragraph (G) of rule 3701-69-03 of the Administrative Code, the director shall issue a radon mitigation contractor license on request to the holder of a radon mitigation specialist license if the individual license holder is the sole owner or chief stockholder of a business entity for which he or she is the only individual who will work as a radon mitigation specialist. The licensing criteria and any other licensing and training requirements the individual was required to meet to qualify for the radon mitigation specialist license are hereby deemed to satisfy any and all criteria and requirements for a radon mitigation contractor license. A license issued under this paragraph shall expire at the same time as the individual’s radon mitigation specialist license. No license fee shall be imposed for a license issued under this paragraph.

(D) In accordance with Chapter 119. of the Revised Code, the director may do either of the following:

(1) Refuse to issue a license to an individual, business entity, or government entity that does not meet the requirements of Chapter 3723. of the Revised Code or this chapter or has been in violation of those requirements; or

(2) Suspend, revoke, or refuse to renew the license of an individual, business entity, or government entity that is or has been in violation of the requirements of Chapter 3723. of the Revised Code or this chapter.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.03, 3723.06, 3723.08

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) A licensed radon tester shall do all of the following:

(1) Operate in accordance with his or her approved license application, particularly those portions of the application pertaining to the quality assurance and quality control procedures, the radiological safety practices, and the calibration of instruments;

(2) Request, in writing, the director’s approval before implementing any change which would render the information submitted under paragraphs (A)(8) to (A)(12) of rule 3701-69-03 of the Administrative Code no longer accurate. If the director fails to send or otherwise communicate disapproval of a proposed change within thirty days after receiving the request for approval, the proposed change is deemed to be approved.

(3) The licensee shall notify the director in writing within thirty days of any other changes to paragraphs (A)(1) to (A)(7) of rule 3701-69-03 of the Administrative Code that would render the information in the application for licensure or renewal no longer accurate

(4) Use only the services of a radon laboratory that has been approved by the director under division (C) of section 3723.07 of the Revised Code and rule 3701-69-08 of the Administrative Code to analyze samples for the presence and concentration of radon; and

(5) During each two-year licensing period, successfully complete at least sixteen hours of continuing education relevant to radon testing or mitigation that the director has approved for continuing education credit under rule 3701-69-07 of the Administrative Code. If a licensee does not complete the continuing education as required by this paragraph, the licensee shall repeat the applicable training and examination in accordance with rule 3701-69-03 of the Administrative Code, in order to renew the license

(6) Maintain radon measurement device calibration records for a minimum of five years. These records shall be made available to the director upon request and shall consist of, but not be limited to:

(a) Serial number of calibrated device;

(b) Date of instrument calibrations;

(c) Name of calibration facility;

(d) Method of instrument calibration.

(7) Maintain proof of valid license issued in accordance with rule 3701-69-04 of the Administrative Code at all times while at the project site.

(B) A licensed radon mitigation specialist shall do all of the following:

(1) Comply with the requirements of paragraphs (A)(1) to (A)(7) of this rule;

(2) Accurately, truthfully, and competently perform and complete radon mitigation projects, reports, and site evaluations;

(3) Afford the director the opportunity to inspect any radon mitigation project; and

(4) Maintain records of each radon mitigation project that the specialist supervised or performed and make these records available to the director upon request. These records shall be maintained for at least five years and, at a minimum, shall include all of the following:

(a) The name and license number of the individual who supervised the radon mitigation project;

(b) The names and license numbers of all radon testers and radon mitigation specialists involved with the radon mitigation project;

(c) The location and description of the project;

(d) The radon measurements including the screening measurements, follow-up measurements, and post-mitigation measurements;

(e) The starting and completion dates of the project; and

(f) A summary of the basic procedures that were used to comply with all applicable federal, state, and local technical guidelines or requirements.

(C) A licensed radon mitigation contractor shall do all of the following:

(1) Comply with the requirements of paragraphs (A)(1) to (A)(3), (A)(7) and (B)(2) to (B)(4) of this rule;

(2) Provide adequate equipment for worker protection to keep exposures to radon as low as reasonably achievable;

(3) Provide basic training to all employees on safety and operational policies and the proper use of equipment;

(4) Ensure that employees directly involved in radon mitigation successfully complete at least eight hours of basic mitigation training prior to working on a mitigation project and annually thereafter. The basic mitigation training shall adequately instruct participants in the safety problems associated with radon, precautions and procedures to minimize exposure, and any applicable guidelines or requirements for protection of personnel from exposure;

(5) Maintain records of the training provided under paragraphs (C)(3) and (C)(4) of this rule for at least five years; and

(6) Ensure that all radon testers and mitigation specialists whom the contractor uses to perform radon testing or mitigation practice in compliance with Chapter 3723. of the Revised Code and this chapter.

(D) No licensed radon mitigation contractor shall do any of the following:

(1) Perform radon mitigation without the direct on-site supervision of a licensed radon mitigation specialist;

(2) Provide radon testing services other than through the employment of a licensed radon tester or mitigation specialist;

(3) Provide advice regarding radon testing, radon exposure, or health risks associated with radon exposure other than through the employment of a licensed radon tester or mitigation specialist; or

(4) Provide advice regarding radon mitigation or radon entry routes other than through the employment of a licensed radon mitigation specialist.

(E) No licensed radon tester, licensed mitigation specialist, or licensed mitigation contractor involved in the testing of a particular building, or in the provision of advice with respect to a particular building, shall be involved in the performance of mitigation on that building unless the contract for mitigation is in writing and clearly and conspicuously states both of the following:

(1) That the radon tester, mitigation specialist, or mitigation contractor was involved in the testing or provision of advice that led to the mitigation contract; and

(2) The advantages of long-term testing and the value of a second opinion as ways to verify test results and to assure that the proposed mitigation is appropriate, especially when the mitigation is to be performed by the business entity or private entity that was involved in the testing or provision of advice that led to the mitigation contract.

“Clearly and conspicuously,” as used in this paragraph, means that the print used to state the information required by paragraphs (E)(1) and (E)(2) of this rule either is equal in size to the print in the remainder of the contract and is boldfaced or is larger than the print in the remainder of the contract.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.02, 3723.05, 3723.06, 3723.13

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) Operators of training courses providing training for licensure of radon testers or radon mitigation specialists or for employees of radon mitigation contractors may apply for approval by the director by doing all of the following:

(1) Submitting a completed application to the director on a form prescribed and furnished by the director, which shall include but shall not be limited to the following information:

(a) Name, address, and telephone number of the applicant;

(b) Type of course;

(c) Frequency of course offerings;

(d) List of classes offered within the course;

(e) Total hours of supervised instruction;

(f) A copy of the certificate issued upon completion of the course; and

(g) An agenda outlining the hours of instruction and describing the subject matter to be included.

Operators of training courses shall submit a separate application for each course,

(2) Submitting copies of the syllabus and training materials to be used in the training course, which shall include a course manual covering the subject matter described in paragraphs (B)(1) to (B)(10) of this rule for radon measurement and paragraphs (C)(1) to (C)(11) of this rule for radon mitigation;

(3) Submitting biographies or credentials of all individuals instructing participants in the training course;

(4) Submitting the criteria upon which successful completion of the course by participants will be judged; and

(5) Submitting a check or postal money order made payable to the “Treasurer, State of Ohio” to pay the approval fee of six hundred dollars, one hundred dollars of which shall be returned to the applicant if the application is denied.

(B) To be approved as a radon measurement training course for radon testers the course shall be At least sixteen hours of supervised instruction and include but not be limited to instruction on the following subject matter:

(1) Radiation biology and the health effects of radon;

(2) Radiation safety and the development of a safety plan to monitor occupational radon exposures;

(3) Radon behavior and entry;

(4) Ethics of radon testing;

(5) Radon and radioactivity;

(6) Radon and radon decay products and health risks;

(7) Radon and radon decay product measurement protocols;

(8) All types of USEPA approved radon measurement devices or equivalent;

(9) Radon measurement quality control and quality assurance practices and procedures; and

(10) Radon in water.

(C) To be approved as a training course for radon mitigation specialists the course shall be at least twenty hours of supervised instruction and include but not be limited to instruction on the following subject matter:

(1) The goal and basis of radon mitigation and applications of mitigation;

(2) Techniques and design considerations for reducing pressure driven radon entry;

(3) Radon mitigation by positive pressurization or ventilation of the structure;

(4) Combination systems and phased approaches for radon mitigation;

(5) Building investigation guidelines;

(6) Selecting a mitigation technique;

(7) Post mitigation assessment;

(8) Methods for the removal of radon in water;

(9) Radon resistant new construction techniques;

(10) USEPA radon mitigation standards; and

(11) Worker health and safety.

(D) To maintain approval of a training course, the course operator shall do all of the following:

(1) Issue a certificate of completion to each individual who successfully completes the course;

(2) Submit to the director a list of all individuals who successfully complete the course; and

(3) Notify the director in writing, of any changes that would render the information contained in the application for approval no longer accurate.

(E) In accordance with Chapter 119. of the Revised Code, the director may refuse to issue an approval and may revoke or suspend an approval issued under this rule if the operator of the course fails to meet the criteria specified in paragraph (B) or (C) of this rule, as applicable, and paragraph (D) of this rule.

(F) Approval of a training course shall expire two years after the date of approval. The course operator may apply for renewal of approval by submitting an application for renewal which complies with the requirements of paragraph (A) of this rule and paying the fee prescribed by paragraph (A)(5) of this rule. The renewal application shall be submitted at least ninety days before the existing approval expires. To have approval of a training course renewed, the operator shall document that the course complies with paragraph (B) or (C) of this rule, as applicable, and the operator of the course complies with paragraph (D) of this rule.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.07

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) For purposes of complying with paragraph (A)(5) or (C)(4) of rule 3701-69-05 of the Administrative Code, a radon tester, radon mitigation specialist, or employee of a radon mitigation contractor, shall receive full credit for the number of hours that he or she attends a training course approved by the director under section 3723.07 of the Revised Code and rule 3701-69-06 of the Administrative Code

(B) To receive continuing education credit for courses, seminars, and meetings of professional organizations that are not approved by the director as training courses under section 3723.07 of the Revised Code and rule 3701-69-06 of the Administrative Code the person requesting credit shall submit to the director, on a form prescribed and provided by the director, the information required by paragraphs (A)(1) to (A)(3) of rule 3701-69-06 of the Administrative Code.

(1) In the case of a course, seminar, or meeting that already has been completed, the person requesting credit shall submit the information required by paragraph (B) of this rule within thirty days after the course, seminar, or meeting ends.

(2) To obtain advance approval of continuing education credit for courses, seminars, and meetings of professional organizations, the person requesting credit shall submit the information at least ninety days before the course, seminar, or meeting begins.

(C) Continuing education credit may be granted to instructors in courses approved by the director under section 3723.07 of the Revised Code and rule 3701-69-06 of the Administrative Code or in other continuing education courses. To receive continuing education credit for instruction, the person requesting credit shall submit to the director, on a form prescribed and provided by the director, the instructor’s credentials and the information required by paragraphs (A)(1) to (A)(3) of rule 3701-69-06 of the Administrative Code.

(D) After reviewing the information submitted under paragraph (B) or (C) of this rule, the director shall determine the number of continuing education credit hours, if any, approved for fulfillment of the requirements of paragraph (A)(5) or (C)(4) of rule 3701-69-05 of the Administrative Code. The director shall approve credit hours based on a determination whether the course, seminar, or meeting provides educational material that is relevant to the activities of a radon tester, radon mitigation specialist, or employee of a radon mitigation contractor, as applicable.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.05, 3723.06, 3723.07

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) To apply for radon laboratory approval, a person shall do all of the following:

(1) Submit a completed application to the director on forms prescribed and provided by the director, which shall include but shall not be limited to the following information:

(a) The applicant’s name, address, and telephone number;

(b) Whether the applicant is a governmental entity, a sole proprietorship, or another type of business entity;

(c) The name, training, and experience of each laboratory technician performing radon analysis;

(d) Identification by manufacturer and model number of all instrumentation to be used in radon analysis;

(e) A description of the quality assurance and quality control procedures for each type of analysis to be performed;

(f) The frequency and method of calibration of instruments; and

(g) A description of the radiological safety plan.

(2) Pay by check or money order payable to the “Treasurer, State of Ohio” A nonrefundable fee of eight hundred dollars.

(B) To be approved as a radon laboratory, a laboratory shall have obtained certification from a national proficiency testing program that the director determines to be acceptable.

(C) To maintain approval as a radon laboratory, a laboratory shall

(1) maintain the certification status required by paragraph (B) of this rule;

(D) Each laboratory approval issued under this chapter is nontransferable and shall expire two years after the date of approval. The operator of a radon laboratory may apply for renewal of approval by submitting an application for renewal which complies with the requirements of paragraph (A)(1) of this rule and the fee required by paragraph (A)(2) of this rule. The renewal application shall be submitted no later than ninety days before the expiration of the existing approval. To have its approval renewed, the laboratory shall document that it meets the standards prescribed by paragraph (C) of this rule.

(E) In accordance with Chapter 119. of the Revised Code, the director may refuse to issue an approval and may revoke or suspend an approval issued under this rule if the operator of the laboratory fails to meet any of the criteria established by this rule.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.07

Prior Effective Dates: 1/1/1992, 7/9/2001

(A) The director may conduct inspections as he or she considers necessary to determine compliance with the requirements of Chapter 3723. of the Revised Code and this chapter.

(B) The director shall examine records of radon testers, mitigation specialists, mitigation contractors, and operators of approved radon laboratories and training courses as he or she considers necessary to determine whether they are in compliance with the requirements of Chapter 3723. of the Revised Code and this chapter.

(C) No person shall interfere with an inspection conducted by the director under section 3723.08 of the Revised Code or this rule. The director may enter and inspect, at any time, any site, building, or equipment, or any portion thereof, owned or operated by a licensed radon tester, licensed mitigation specialist, licensed mitigation contractor, approved training course, approved radon laboratory, or applicant for licensure or approval to ascertain compliance with Chapter 3723. of the Revised Code and this chapter. The director also may enter and inspect any site, building, or equipment involved in any radon testing or mitigation activity conducted by a person who is licensed or approved under this chapter or by an applicant for licensure or approval.

(D) If the director requests to examine such records, no licensed radon tester, mitigation specialist, mitigation contractor, or operator of an approved radon laboratory or a training course shall fail to make available to the director any records pertinent to the activities regulated by Chapter 3723. of the Revised Code and this chapter.

(E) The director shall have the right to test any equipment used for radon testing or mitigation; to sketch or photograph any portion of a site, building, or equipment involved in radon testing or mitigation; to copy or photograph any documents or records pertinent to compliance with Chapter 3723. of the Revised Code or this chapter; and to interview any employees or representatives of the holder of a license or approval or an applicant for licensure or approval. This right shall not be conditioned upon any action by the director except presentation of appropriate identification when requested and compliance with appropriate standard safety procedures established by the director.

(F) Upon request of the director, a licensed radon tester, radon mitigation specialist, or mitigation contractor or an applicant for licensure shall disclose to the director the addresses of properties or buildings where radon testing or mitigation work is scheduled, in progress, or completed and the names of the owners and residents of the properties or buildings for the purpose of inspection by the director.

(G) For the purpose of compliance inspections, all licensed mitigation contractors shall submit a report listing all mitigation projects completed within the quarter and the following information for each project;

(1) Name of occupant, street address, city, county, state and zip code; of residence where work was done;

(2) Start and completion dates;

(3) Type of system; and

(4) Pre and post mitigation concentrations.

(H) For the purpose of compliance inspections, all licensed radon testers and mitigation specialists shall submit a report listing all tests completed within the quarter and the following information;

(1) Name of occupant, street address, city, county, state and zip code of residence where work was done;

(2) Start and completion dates;

(3) Test device used;

(4) Type of test; and

(5) Radon concentration reported.

(I) The quarterly reports required in paragraphs (G) and (H) of this rule shall be submitted in accordance with the following timelines:

(1) No later than April fifteenth for the time period of January first through March thirty-first.

(2) No later than July fifteenth for the time period of April first through June thirtieth.

(3) No later than October fifteenth for the time period of July first through September thirtieth.

(4) No later than January fifteenth for the time period of October first through December thirty-first of the previous year.

R.C. 119.032 review dates: 05/23/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.08, 3723.13

Prior Effective Dates: 1/1/1992, 7/9/2001