3701-69-09 Inspections and examinations.

(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: 04/04/2011 and 04/01/2016

Promulgated Under: 119.03

Statutory Authority: 3723.09

Rule Amplifies: 3723.08

Prior Effective Dates: 1/1/1992, 7/9/01