Chapter 3701-69 Radon Testing

3701-69-01 Definitions.

(A) Terms defined in this rule are intended to be used only within this chapter of the Administrative Code.

(B) As used in this chapter:

(1) "Active soil depressurization (ASD)" means a family of radon mitigation systems involving mechanically driven soil depressurization, including subslab depressurization (SSD), drain tile depressurization (DTD), block wall depressurization (BWD), and submembrane depressurization (SMD).

(2) "Altering" means to change or modify a building or building design, or to revise, rather than repair, a mitigation system or mitigation system design.

(3) "As Low As Reasonably Achievable (ALARA)" means every reasonable effort to maintain exposures to radiation as far below the dose limits as is practical consistent with the purpose for which the licensed activity is undertaken.

(4) "Backdrafting" means a condition where the normal movement of combustion products up a flue, resulting from the buoyant forces on the hot gases, is reversed, so that the combustion products can enter the house. Backdrafting of combustion appliances (such as fireplaces and furnaces) can occur when depressurization in the house overwhelms the buoyant force on the hot gases. Backdrafting can also be caused by high air pressures or blockage at the chimney or flue termination.

(5) "Backer rod" means a semirigid foam material resembling a rope of various diameters used to fill around pipes, large cracks and gaps, etc. and to assist in making a sealed penetration. For example, where a pipe is inserted through a concrete slab, a length of backer rod is jammed into the opening around the pipe. Caulking is then applied to the space above the backer rod and between the outside of the pipe and the slab opening. The purpose of the backer rod is to hold the semifluid caulk in place until it sets or hardens. It is most important that a sealant only adhere to the two sides of the joint and not the base of the joint (third side). This allows for a long-lasting, flexible, air-tight seal. Adhesion to all three sides prevents the sealant from elongating properly and causes sealant failure.

(6) "Block wall depressurization (BWD)" means a radon mitigation technique that depressurizes the void network within a block wall foundation by drawing air from inside the wall and venting it to the outside.

(7) "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.

(8) "Business entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.

(9) "Check source" means a radioactive source, not necessarily calibrated, that is used to confirm the continuing satisfactory operation of an instrument.

(10) "Clearly and conspicuously" means that the print used to state the information required in a radon mitigation contract 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.

(11) "Client" means any person who contracts for measurement or mitigation services.

(12) "Combination foundations" means buildings constructed with more than one foundation type; e.g., basement/crawlspace or basement/slab-on-grade.

(13) "Commercial building" means a type of building that is designed for commercial use, including but not limited to office buildings, warehouses, retail facilities, schools, recreational facilities, assisted living facilities and buildings that combine these uses.

(14) "Communication test" means a diagnostic test designed to qualitatively measure the ability of a suction field and air flow to extend through the material beneath a concrete slab floor and thus evaluate the potential effectiveness of a subslab depressurization system. This qualitative test is commonly conducted by applying suction on a centrally located hole drilled through the concrete slab and simultaneously observing the movement of smoke downward into small holes drilled in the slab at locations separated from the central suction hole.

(15) "Continuing education (CE) credits" means those credits received for documented successful completion of, or for instructing, a radon course approved by the director.

(16) "Crawlspace depressurization" means a radon control technique designed to achieve lower air pressure in the crawlspace relative to indoor air pressure by use of a fan powered vent drawing air from within the crawlspace.

(17) "Diagnostic tests" means procedures used to identify or characterize conditions within buildings that may contribute to radon entry or elevated radon levels or may provide information regarding the performance of a mitigation system.

(18) "Director" means the director of health or his authorized representative.

(19) "Drain tile depressurization (DTD)" means a type of active soil depressurization system where the suction point piping attaches to a drain tile or is located in the gas-permeable material near the drain tile. The drain tile may be inside or outside the footings of the building.

(20) "Drain tile loop" means a continuous length of drain tile or perforated pipe extending around all or part of the internal or external perimeter of a basement or crawlspace footing.

(21) "Dwelling" means a single-family home or a single unit within a multifamily complex.

(22) "Eave" means the border of a roof that overhangs any wall.

(23) "Electret" means a plastic disk, typically of teflon, that holds an electric charge on its surface and serves as the detector in an electret ion chamber radon test device.

(24) "Electret ion chamber" means a radon test device consisting of an electrically conducting enclosure of a known air volume, with an electret as part of the interior surface, inside which radiation emitted from the decay of radon and radon progeny cause ionization of the air.

(25) "Footprint" means each foundation type in direct contact with soil or other material.

(26) "Foundation type" means basement, crawlspace, slab-on-grade or any other construction technique approved by local building code.

(27) "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.

(28) "Home environment measurement" means a short-term or long-term measurement of radon in a single-family home, duplex or condominium.

(29) "Individual" means any human being.

(30) "Interfere" means to adversely or potentially adversely impact the successful completion of an indoor radon measurement by changing the radon or radon progeny concentrations or altering the performance of measurement equipment or an indoor radon mitigation system installation or operation.

(31) "Laboratory analysis" means the act of analyzing by a laboratory approved by the director, a radon measurement device to determine the radon concentration to which it was exposed during a radon test.

(32) "Licensee" means a person, business entity or government entity to whom a license is issued.

(33) "Living area" means any area in a building that is, or could be, adapted for human habitation whether the area is located in a basement, over a crawlspace, or situated on a slab-on-grade.

(34) "Long-term measurement" means measurements lasting ninety-one days or more.

(35) "Lower limit of detection (LLD)" means the smallest amount of sample activity which will yield a net count for which there is confidence at a predetermined level that activity is present.

(36) "Mechanically ventilated crawlspace system" means a radon control technique designed to increase ventilation within a crawlspace, achieve higher air pressure in the crawlspace relative to air pressure in the soil beneath the crawlspace, or achieve lower air pressure in the crawlspace relative to air pressure in the living spaces, by use of a fan.

(37) "Multifamily building" means a building, three stories or less, designed to house four or more families in separate units that do not have a common heating ventilation and air conditioning (HVAC) system for multiple units.

(38) "Passive monitor" means a measurement device that does not require external power or batteries to operate, such as charcoal detectors or alpha-track detectors.

(39) "Perimeter channel drain" means a system for collecting water in a basement by means of a large gap or channel between the concrete floor and the wall. Collected water may flow to aggregate beneath the slot (french drain) or to a sump where it can be drained or pumped away.

(40) "Person" means any individual, business entity, or government entity.

(41) "Picocurie per liter (pCi/L)" means 2.22 disintegrations per minute of radioactive material per liter of air.

(42) "Pressure field extension" means the distance that a pressure change is induced in the subslab area, measured from a single or multiple suction points.

(43) "Radon" means both the radioactive, gaseous element produced by the disintegration of radium and the short-lived radionuclides that are decay products of radon.

(44) "Radon chamber" means a facility in which radon measurement devices or detectors are exposed to known radon concentrations.

(45) "Radon device manufacturer" or "device manufacturer" or "manufacturer" means a person, business entity or government entity which develops or manufactures radon measurement devices.

(46) "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.

(47) "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.

(48) "Radon mitigation contractor" means a business or government entity which performs or authorizes employees to perform radon mitigation.

(49) "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.

(50) "Radon mitigation system" or "mitigation system" or "radon reduction system" means any system or steps designed in whole or in part to reduce radon concentrations in the indoor air of a building.

(51) "Radon progeny" means any combination of the short-lived decay products of radon.

(52) "Radon resistant new construction (RRNC)" means the established United States environmental protection agency (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.

(53) "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.

(54) "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.

(55) "Real-estate testing" means short-term measurements that may be requested by a party not residing in the dwelling and that are performed in, or as a result of, or in expectation of, a real-estate transaction and are time-limited due to this transaction.

(56) "Reentrainment" means the unintended reentry into a building of radon that is being exhausted from the vent of a radon mitigation system.

(57) "Renewal" means the reissuance of a license that is expiring.

(58) "Research" means scientific investigation by testing or mitigating for radon as limited by section 3723.04 of the Revised Code.

(59) "Residential real-estate measurement" means a measurement of radon in a single-family home, duplex or condominium involved in a real-estate transaction. Based on the time-sensitive nature of real-estate transactions, only short-term measurements are appropriate and specific protocols are required.

(60) "Sealing and caulking" means to plug and make air-tight holes, cracks, gaps, etc. to reduce the passage of gas. Sealing and caulking enhances radon reduction techniques; however, sealing and caulking alone has not been shown to lower radon levels significantly or consistently and therefore is not a stand-alone radon mitigation system.

(61) "Short-term measurement" means a measurement conducted for at least forty-eight hours and up to ninety days; closed building conditions are required for measurements lasting seven days or less and recommended throughout.

(62) "Soil gas" means the gas mixture present in soil that may contain radon.

(63) "Soil gas retarder" means a continuous membrane or other comparable material used to retard the flow of soil gases into a building.

(64) "Stack effect" means the overall upward movement of air inside a building that results from heated air rising and escaping through openings in the building envelope, thus causing indoor air pressure in the lower portions of a building to be lower than the pressure in the soil beneath or surrounding the building foundation.

(65) "Submembrane depressurization (SMD)" means a radon control technique designed to achieve lower air pressure in the space under a soil gas retarder membrane laid on the crawlspace floor and sealed, relative to air pressure in the crawlspace, by use of a fan-powered vent drawing air from beneath the membrane.

(66) "Subslab depressurization (SSD) (Active)" means a radon control technique designed to achieve lower subslab pressure relative to indoor air pressure by use of a fan-powered vent drawing air from beneath the concrete slab.

(67) "Subslab depressurization (SSD) (Passive)' means a radon control technique designed to achieve lower subslab air pressure relative to indoor air pressure by use of a vent pipe (without a fan) routed through the conditioned space of a building and connecting the subslab area to the outdoor air. This system relies primarily on the convective flow of warmed air upward in the vent to draw air from beneath the concrete slab.

(68) "Suitable for occupancy" means a structural area in a home currently lived in or an area not currently used for occupancy, such as a basement, that an occupant or homeowner could use for living space without renovations. This includes an unfinished basement that could be used regularly as, for example, a recreation room, playroom, exercise room or workshop.

(69) "Supervision" means oversight, review, and approval of work at a site prior to, during, and upon completion of radon mitigation

(70) "Working level (WL)" means any combination of short-lived radon progeny in one liter of air that results in the ultimate emission of one hundred thirty thousand MeV of alpha-particle energy. The short-lived radon progeny of radon-222 are polonium-218, lead-214, bismuth-214 and polonium-214.

(71) "Working level month (WLM)" means a unit of exposure used to express the accumulated human exposure to radon decay products. It is calculated by multiplying the average radon progeny concentration in working levels to which a person has been exposed by the number of hours exposed and dividing the product by one hundred seventy hours per month.

Replaces: 3701-69-01

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.01 , 3723.02 , 3723.03 , 3723.04 , 3723.05 , 3723.06 , 3723.07 , 3723.08 , 3723.09 , 3723.10 , 3723.11 , 3723.12 , 3723.13 , 3723.14 , 3723.15 , 3723.16 , 3723.17
Prior Effective Dates: 1/1/92, 7/9/2001

3701-69-02 General prohibitions.

(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;

(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 ; or

(5) A person who sells or offers for sale at a retail outlet radon measurement devices, such as charcoal canisters.

(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.

(E) The director may, upon application thereof or upon his own initiative, grant a variance to the requirements of rules in this chapter as he determines is authorized by law, provided that the licensee shows to the satisfaction of the director that there is good cause for the variance, and that the variance will not result in any undue hazard or effect on the public health and safety or environment. The terms, conditions, and expiration of the variance shall be set forth in writing by the director. Failure to comply with the terms of the variance may result in immediate revocation of the variance.

(F) An individual, business entity, or government entity may hold a radon tester, a radon mitigation specialist, and a radon mitigation contractor license issued under this chapter, but except as provided in paragraph (E) of rule 3701-69-05 of the Administrative Code, a separate application and fee is required for each license.

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

Effective: 01/01/2013
R.C. 119.032 review dates: 12/28/2011 and 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.02 , 3723.03
Prior Effective Dates: 1/1/1992, 7/9/01,

3701-69-03 License application procedures for radon testers.

(A) To apply for a license as a radon tester, a person shall:

(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 following information:

(a) Name and address of applicant;

(b) Federal tax identification number;

(c) Contact information;

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

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

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

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

(e) The basic quality assurance and quality control procedures as described in rule 3701-69-07 of the Administrative Code that will be utilized to assure the reliability and validity of radon measurements;

(f) The radiological safety plan designed to keep each licensee's exposure to radon as low as reasonably achievable;

(g) Type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring subsequent laboratory analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under rule 3701-69-12 of the Administrative Code; and

(h) The frequency of instrument calibration, the name of the provider of instrument calibration and most recent proof of calibration. The provider of instrument calibration shall be approved by the manufacturer of the instrument or the director.

(2) Provide documentation of successful completion of an approved radon measurement training course required by paragraph (A)(3)(c) of rule 3701-69-06 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 of passing an approved radon measurement examination required by paragraph (A)(3)(d) of rule 3701-69-06 of the Administrative Code.

(B) Each radon tester 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 radon tester 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)(3) of this rule. The application shall be submitted no less than ninety days before the expiration of the existing license;

(2) Submitting documentation that demonstrates successful completion of the relevant continuing education hours required by rule 3701-69-07 of the Administrative Code.

(C) An application for a radon tester license or renewal of a radon tester license shall be accompanied by electronic payment of the nonrefundable biennial license fee or a check or money order payable to the "Treasurer, State of Ohio" in the amount of four hundred dollars.

(D) The director may make a written request for the applicant to provide additional information the director determines to be necessary to assess compliance with the criteria, standards, and requirements established by this chapter. The application shall not be considered complete until the director has received the proper fee and any requested additional information.

(1) The applicant shall submit any additional information requested in writing by the director so that it is received in writing by the director within thirty business days of the receipt date of the director's written request.

(2) If the application is still incomplete, the director may make further requests for information.

(3) If the applicant fails to respond to the director's written requests for further information or the applicant is not responsive to director requests within sixty business days, the application will be denied.

Replaces: part of 3701-69-03

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.03 , 3723.04 , 3723.05 , 3723.06 , 3723.08
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-04 License application procedures for radon mitigation specialists.

(A) To apply for a license as a radon mitigation specialist, a person shall:

(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 following information:

(a) Name and address of applicant;

(b) Federal tax identification number;

(c) Contact information;

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

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

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

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

(e) The basic quality assurance and quality control procedures as described in rule 3701-69-07 of the Administrative Code that will be utilized to assure the reliability and validity of radon measurements;

(f) The basic quality assurance and quality control procedures as described in rule 3701-69-08 of the Administrative Code, to be utilized to ensure effective radon mitigation and protect the public from unnecessary exposure to radiation;

(g) The radiological safety plan designed to keep each licensee's exposure to radon as low as reasonably achievable;

(h) Type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring subsequent laboratory analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under rule 3701-69-12 of the Administrative Code; and

(i) The frequency of instrument calibration, the name of the provider of instrument calibration and most recent proof of calibration. The provider of instrument calibration shall be approved by the manufacturer of the instrument or the director;

(2) Provide documentation of successful completion of the training courses required by paragraph (A)(4)(a) of rule 3701-69-06 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;

(3) Provide documentation of passing the examinations required by paragraph (A)(4)(b) of rule 3701-69-06 of the Administrative Code; and

(4) Provide the information required in paragraph (A) of rule 3701-69-05 of the Administrative Code if the applicant is also applying for a radon mitigation contractor license.

(B) Each radon mitigation specialist 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)(3), and (A)(4) if applicable, of this rule. The application shall be submitted no less than ninety days before the expiration of the existing license;

(2) Submitting documentation that demonstrates successful completion of the relevant continuing education hours required by rule 3701-69-08 of the Administrative Code.

(C) An application for a radon mitigation specialist licensure or renewal of a radon mitigation specialist license shall be accompanied by electronic payment of the nonrefundable biennial license fee or a check or money order payable to the "Treasurer, State of Ohio" in the amount of six hundred dollars.

(D) The director may make a written request for the applicant to provide additional information the director determines to be necessary to assess compliance with the criteria, standards, and requirements established by this chapter. The application shall not be considered complete until the director has received the proper fee and any requested additional information.

(1) The applicant shall submit any additional information requested in writing by the director so that it is received in writing by the director within thirty business days of the receipt date of the director's written request.

(2) If the application is still incomplete, the director may make further requests for information.

(3) If applicant fails to respond to the director's written requests for further information or the applicant is not responsive to the director's requests within sixty business days, the application will be denied.

Replaces: part of 3701-69-03

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.03 , 3723.04 , 3723.05 , 3723.06 , 3723.08
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-05 License application procedures for radon mitigation contractors.

(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 information:

(1) Name and address of applicant;

(2) Federal tax identification number;

(3) Contact information;

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

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

(6) Name of the licensed radon mitigation specialist who will be responsible for the company's radon mitigation contractor license;

(7) Federal tax identification number of the licensed radon mitigation specialist who will be responsible for the company's radon mitigation contractor license;

(8) Contact information for the licensed radon mitigation specialist who will be responsible for the company's radon mitigation contractor license;

(9) License numbers and names of licensed radon testers and mitigation specialists employed by radon mitigation contractor;

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

(11) 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; and

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

(12) The basic quality assurance and quality control procedures as described in paragraph (A)(5)(a) of rule 3701-69-06 of the Administrative Code that will be utilized to assure the reliability and validity of radon measurements;

(13) The basic quality assurance and quality control procedures as described under paragraph (A)(5)(b) of rule 3701-69-06 of the Administrative Code, to be utilized to ensure effective radon mitigation and protect the public from unnecessary exposure to radiation;

(14) The radiological safety plan designed to keep each employee's exposure to radon as low as reasonably achievable. This plan shall include both administrative and operational aspects of the safety program and a listing of safety-related equipment to be provided to workers;

(15) Type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring subsequent laboratory analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under rule 3701-69-12 of the Administrative Code;

(16) The frequency of instrument calibration, the name of the provider of instrument calibration and most recent proof of calibration. The provider of instrument calibration shall be approved by the manufacturer of the instrument or the director;

(17) A copy of the radon mitigation contract to be used. 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:

(a) 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

(b) 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.

(B) Each radon mitigation contractor 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 radon mitigation contractor 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 paragraph (A) of this rule. The application shall be submitted no less than ninety days before the expiration of the existing license;

(2) Submitting documentation that demonstrates successful completion by the mitigation contractor's employees of the basic mitigation training required by paragraph (A)(13) of rule 3701-69-09 of the Administrative Code.

(C) An application for a radon mitigation contractor license or renewal of a radon mitigation contractor license shall be accompanied by electronic payment of the nonrefundable biennial license fee or a check or money order payable to the "Treasurer, State of Ohio" in the amount of eight hundred dollars.

(D) The director may make a written request for the applicant to provide additional information the director determines to be necessary to assess compliance with the criteria, standards, and requirements established by this chapter. The application shall not be considered complete until the director has received the proper fee and any requested additional information.

(1) The applicant shall submit any additional information requested in writing by the director so that it is received in writing by the director within thirty business days of the receipt date of the director's written request.

(2) If the application is still incomplete, the director may make further requests for information.

(3) If applicant fails to respond to the director's written requests for further information or the applicant is not responsive to the director's requests within sixty business days, the application will be denied.

(E) Notwithstanding paragraphs (A) and (B) of this rule, 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.

Replaces: part of 3701-69-03

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.03 , 3723.04 , 3723.05 , 3723.06 , 3723.08
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-06 License application review process; criteria for licensure; denial, suspension, or revocation of licenses.

(A) After a license or renewal application is completed in accordance with rules 3701-69-03 , 3701-69-04 and 3701-69-05 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 this chapter;

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

(a) The applicant's quality assurance and quality control procedures for radon measurement contain the standards and protocols described in rule 3701-69-07 of the Administrative Code for radon measurements conducted in Ohio;

(b) The radiological safety plan is designed to keep each licensee's exposure to radon as low as reasonably achievable. This plan shall include both administrative and operational aspects of the safety program and a listing of safety-related equipment used;

(c) The applicant has successfully completed a radon measurement training course currently approved by the director under rule 3701-69-10 of the Administrative Code; and

(d) 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 rule 3701-69-10 of the Administrative Code;

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

(c) The applicant's quality assurance and quality control procedures for radon measurement contain the standards and protocols described in rule 3701-69-07 of the Administrative Code for radon measurements conducted in Ohio:

(d) The applicant's quality assurance and quality control procedures for radon mitigation contain the elements of the Ohio radon mitigation standards as outlined in rule 3701-69-08 of the Administrative Code; and

(e) The radiological safety plan is designed to keep each licensee's exposure to radon as low as reasonably achievable. This plan shall include both administrative and operational aspects of the safety program and a listing of safety-related equipment used; and

(5) In the case of an application for a radon mitigation contractor license:

(a) The applicant's quality assurance and quality control procedures for radon measurement contain the standards and protocols described in rule 3701-69-07 of the Administrative Code for radon measurements conducted in Ohio;

(b) The applicant's quality assurance and quality control procedures for radon mitigation contain the elements of the Ohio radon mitigation standards as outlined in rule 3701-69-08 of the Administrative Code;

(c) The radiological safety plan is designed to keep each employee's exposure to radon as low as reasonably achievable. This plan shall include both administrative and operational aspects of the safety program and a listing of safety-related equipment to be provided to workers; and

(d) The radon mitigation contract to be used meets the minimum language requirements outlined in rule 3701-69-05 of the Administrative Code.

(B) 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.

Replaces: 3701-69-04

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.03 , 3723.04 , 3723.05 , 3723.06 , 3723.08
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-07 Standards of conduct for radon testers.

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

(1) Operate in accordance with his or her approved license application;

(2) Request, in writing, the director's approval before implementing any change which would render the following submitted information no longer accurate:

(a) The basic quality assurance and quality control procedures as described in the appendix A to this rule that will be utilized to assure the reliability and validity of radon measurements;

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

(c) The type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring subsequent laboratory analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under rule 3701-69-12 of the Administrative Code;

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

(e) The federal tax identification number;

(3) The licensee shall notify the director in writing within thirty days of any changes to the following:

(a) Name and address of applicant;

(b) Name and address of business or company;

(c) Change to contact information;

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

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

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

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

(e) Any other changes 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 rule 3701-69-12 of the Administrative Code to analyze samples for radon;

(5) During each two-year licensing period, successfully complete at least sixteen hours of continuing education relevant to radon testing that the director has approved for continuing education credit under rule 3701-69-11 of the Administrative Code;

(6) If the licensee does not complete the required continuing education prior to the expiration of their license, the licensee will not be eligible to renew their license. The licensee will be required to submit an initial application and meet the requirements of rule 3701-69-03 of the Administrative Code. Education and examination completed during a previous licensing period cannot be submitted as proof of meeting the education and examination requirements of rule 3701-69-03 of the Administrative Code;

(7) 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) Manufacturer of calibrated device;

(b) Model number of calibrated device;

(c) Serial number of calibrated device;

(d) Date of instrument calibration;

(e) Name of calibration facility; and

(f) Method of instrument calibration;

(8) Maintain proof of valid license issued under this chapter at all times while at project sites;

(9) Maintain records of each test 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 the information as set forth in appendices A and B to this rule; and

(10) Accurately, truthfully, and competently perform and complete radon testing projects, reports, and site evaluations.

(B) 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.

Replaces: part of 3701-69-05

Click to view Appendix

Click to view Appendix

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.02 , 3723.05 , 3723.06 , 3723.13
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-08 Standards of conduct for radon mitigation specialists.

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

(1) Operate in accordance with his or her approved license application;

(2) Request, in writing, the director's approval before implementing any change which would render the following submitted information no longer accurate:

(a) The basic quality assurance and quality control procedures as described in rule 3701-69-07 of the Administrative Code that will be utilized to assure the reliability and validity of radon measurements;

(b) The applicant's quality assurance and quality control procedures for radon mitigation containing the elements of the Ohio radon mitigation standards as set forth in the appendix to this rule;

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

(d) The type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring subsequent laboratory analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under rule 3701-69-12 of the Administrative Code;

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

(f) The federal tax identification number;

(3) The licensee shall notify the director in writing within thirty days of any changes to the following:

(a) Name and address of applicant;

(b) Name and address of business or company;

(c) Change in contact information;

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

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

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

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

(e) Any other changes 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 rule 3701-69-12 of the Administrative Code to analyze samples for the presence and concentration of radon;

(5) During each two-year licensing period, successfully complete at least sixteen hours of the continuing education of which eight hours must be specific to radon mitigation that the director has approved for continuing education credit under rule 3701-69-11 of the Administrative Code;

(6) If the licensee does not complete the required continuing education prior to the expiration of their license, the licensee will not be eligible to renew their license. The licensee will be required to submit an initial application and meet the requirements of rule 3701-69-04 of the Administrative Code. Education and examinations completed during a previous licensing period cannot be submitted as proof of meeting the education and examination requirements of rule 3701-69-04 of the Administrative Code;

(7) 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) Manufacturer of the calibrated device;

(b) Model number of the calibrated device;

(c) Serial number of calibrated device;

(d) Date of instrument calibration;

(e) Name of calibration facility; and

(f) Method of instrument calibration;

(8) Maintain proof of valid license issued under this chapter at all times while at project sites;

(9) Maintain records of each test 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 the information outlined in appendices A and B to rule 3701-69-07 of the Administrative Code;

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

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

(12) 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 the information outlined in the appendix to rule 3701-69-08 of the Administrative Code.

(B) 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.

Replaces: 3701-69-05

Click to view Appendix

Click to view Appendix

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.02 , 3703.05 , 3723.06 , 3723.13
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-09 Standards of conduct for radon mitigation contractors.

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

(1) Operate in accordance with his or her approved license application;

(2) Request, in writing, the director's approval before implementing any change which would render the following submitted information no longer accurate:

(a) The basic quality assurance and quality control procedures as described in appendices A and B to rule 3701-69-07 of the Administrative Code that will be utilized to assure the reliability and validity of radon measurements;

(b) The applicant's quality assurance and quality control procedures for radon mitigation containing the elements of the Ohio radon mitigation standards as outlined in rule 3701-69-08 of the Administrative Code;

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

(d) The type, manufacturer, serial number and model number of all instrumentation to be used in radon measurement. If the applicant will use devices requiring subsequent laboratory analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its approval number issued under rule 3701-69-12 of the Administrative Code;

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

(f) The federal tax identification number;

(3) The licensee shall notify the director in writing within thirty days of any other changes to the following:

(a) Name and address of applicant;

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

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

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

(e) Names and credentials of persons conducting any worker training;

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

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

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

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

(g) Any other changes 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 rule 3701-69-12 of the Administrative Code to analyze samples for the presence and concentration of radon;

(5) 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) Manufacturer of the calibrated device;

(b) Model number of the calibrated device;

(c) Serial number of calibrated device;

(d) Date of instrument calibration;

(e) Name of calibration facility; and

(f) Method of instrument calibration;

(6) Maintain proof of valid license issued in accordance with this chapter at all times while at the project site;

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

(8) Afford the director the opportunity to inspect any radon mitigation project or records;

(9) Maintain records of each test 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 the information outlined in appendices A and B to rule 3701-69-07 of the Administrative Code;

(10) Maintain records of each radon mitigation project 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 the information outlined in the appendix to rule 3701-69-08 of the Administrative Code;

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

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

(13) 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;

(14) Maintain records of the training provided under paragraphs (A)(12) and (A)(13) of this rule for at least five years; and

(15) Ensure that all radon testers and mitigation specialists whom the contractor uses to perform radon testing or mitigation practice in compliance with this chapter.

(B) 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.

(C) 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.

Replaces: part of 3701-69-05

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.02 , 3723.05 , 3723.06 , 3723.13
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-10 Application, criteria, and standards for approval of radon testing and mitigation courses.

(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) Submit a complete and separate application for each course 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 and address of applicant;

(b) Federal tax identification number of applicant;

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

(d) Contact information for the applicant;

(e) Name and address of applicant's responsible contact person;

(f) Federal tax identification number of applicant's responsible contact person;

(g) Telephone and fax numbers of applicant's responsible contact person;

(h) Email address of applicant's responsible contact person;

(i) Type of course;

(j) Frequency of course offerings;

(k) List of topics offered within the course;

(l) Total hours of supervised instruction; and

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

(2) Submit 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)(12) of this rule for radon measurement and paragraphs (C)(1) to (C)(13) of this rule for radon mitigation;

(3) Submit credentials of all individuals instructing participants in the training course;

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

(5) Submit a payment for the nonrefundable biennial fee in the amount of six hundred dollars by electronic payment or a check or money order payable to the "Treasurer, State of Ohio."

(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, radon decay products, and health risks;

(7) The Ohio radon measurement protocols referenced in appendix A to rule 3701-69-07 of the Administrative Code;

(8) The Ohio radon measurement device protocols referenced in appendix B to rule 3701-69-07 of the Administrative Code;

(9) All types of radon measurement devices approved by the director;

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

(11) Radon in water; and

(12) Requirements of Chapter 3701-69 of the Administrative Code.

(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, specifically subslab depressurization and submembrane depressurization;

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

(4) Combination radon mitigation systems and approaches for addressing each different foundation type;

(5) Building investigation guidelines and creation of a floor-plan sketch;

(6) Selecting a mitigation technique to maximize radon reduction;

(7) Postmitigation assessment and the creation of required documentation;

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

(9) Radon resistant new construction techniques;

(10) Ohio radon mitigation standards found in the appendix to rule 3701-69-08 of the Administrative Code;

(11) Worker health and safety;

(12) Requirements of Chapter 3701-69 of the Administrative Code; and

(13) Four hours of hands-on work in the field at a mitigation site. These four hours of hands-on instruction shall include, but not be limited to:

(a) Premitigation diagnostics and selection of the best location of a primary radon mitigation suction point;

(b) Use of premitigation diagnostic tools including chemical smoke and a micromanometer; and

(c) Demonstration of tools and equipment used for premitigation diagnostics and the installation of radon mitigation systems.

(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, within ten business days, a list of all individuals who successfully complete the course; and

(3) Notify the director in writing of any changes made by the applicant to their information that would render the information contained in their application file 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.

Replaces: 3701-69-06

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.07
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-11 Approval of continuing education credit hours.

(A) For purposes of complying with paragraph (A)(5) of rule 3701-69-07 , paragraph (A)(5) of rule 3701-69-08 or paragraph (A)(13) of rule 3701-69-09 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 rule 3701-69-10 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 rule 3701-69-10 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)(5) of rule 3701-69-10 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 of courses approved by the director under rule 3701-69-10 of the Administrative Code or of 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)(5) of rule 3701-69-10 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) of rule 3701-69-07 , paragraph (A)(5) of rule 3701-69-08 or paragraph (A)(13) of rule 3701-69-09 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.

Replaces: 3701-69-07

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723, 05, 3723.06 , 3723.07
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-12 Application, criteria, and standards for approval of radon laboratories.

(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) Name and address of applicant;

(b) Federal tax identification number of applicant;

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

(d) Contact information of the applicant;

(e) Name and address of applicant's responsible contact person;

(f) Federal tax identification number of applicant's responsible contact person;

(g) Contact information of the applicant's responsible contact person;

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

(i) Name of national radon proficiency program in which the applicant is participating, the applicant's current approval number(s) and expirations date(s);

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

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

(l) Documentation of a quality assurance program that demonstrates the applicant is successfully enrolled in an independent third-party accreditation/certification program consistent with national laboratory accreditation and certification standards, or an equivalent program approved by the director, for the devices manufactured or analyzed by the applicant;

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

(n) A description of the radiological safety plan.

(2) Submit an application for a radon laboratory approval or renewal of a radon laboratory approval which shall be accompanied by electronic payment of the nonrefundable biennial license fee or a check or money order payable to the "Treasurer, State of Ohio" in the amount of six hundred dollars.

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

(C) To maintain approval as a radon laboratory, a laboratory shall maintain the certification status of a national radon proficiency program and maintain current and accurate documentation as required in paragraphs (A) and (B) of this rule. If the approved applicant's certification status or documentation is no longer current, the applicant's Ohio approval shall be suspended until such time the applicant meets the requirements of paragraphs (A) and (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.

Replaces: 3701-69-08

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.07
Prior Effective Dates: 1/1/1992, 7/9/01

3701-69-13 Inspections and examinations.

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

(C) A licensed radon tester, mitigation specialist, mitigation contractor, or operator of an approved radon laboratory or a training course shall make available to the director any records or equipment pertinent to the activities regulated by this chapter upon the request of the director.

(D) 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 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.

(E) 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.

(F) For the purpose of compliance inspections, all licensed mitigation contractors shall submit an electronic report in a form prescribed and provided by the director listing all mitigation projects completed within the calendar 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 radon mitigation system; and

(4) Pre- and postmitigation concentrations.

(G) For the purpose of compliance inspections, all licensed radon testers and mitigation specialists shall submit an electronic report in a form prescribed and provided by the director listing all tests completed within the calendar 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.

(H) The quarterly reports required in paragraphs (G) and (H) of this rule shall be submitted electronically and 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; and

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

Replaces: 3701-69-09

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3723.09
Rule Amplifies: 3723.08
Prior Effective Dates: 1/1/1992, 7/9/01