3701-69-05 Standards of conduct for radon testers, mitigation specialists, and mitigation contractors.

(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;

(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;

(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.

(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