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Arizona
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A.R.S. § 27-371 |
"Concentrations of radon gas shall not exceed such amounts as may be set by the inspector." |
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A.R.S. § 27-372 |
“In all uranium operations the operator shall test regularly for radon daughter concentration and submit such records of testing as may be required to the inspector.” |
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A.R.S. § 33-423 |
"Radon gas potential zones as shown on current maps issued by the United States environmental protection agency." |
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California
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Cal. Health & Saf. Code § 105430 |
“If model construction standards and techniques for controlling radon levels within new buildings are developed by the United States Environmental Protection Agency, the State Department of Health Services may adopt the standards and incorporate them into any radon assessment and mitigation plan which may be completed by the department”
“Any radon assessment and mitigation plan shall include appropriate measures designed to detect, avoid, or dissipate dangerous levels of radon gas at potential building sites or during construction of new residential buildings in areas affected by radon. Any of those measures shall be appropriately delineated so as to apply only to certain at-risk buildings and geographic areas, and the plan shall specify construction projects, building characteristics, and geographical areas to which the measures apply”
“If regulations are adopted by the department to implement any radon assessment and mitigation plan completed by the department after January 1, 1990, no city, county, or other governmental agency may issue a permit to construct any building subject to state department regulation to any applicant who does not first comply with testing or building standards which may be implemented pursuant to this section.” |
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Cal. Health & Saf. Code § 106750 |
“This article establishes requirements for radon certification.” |
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Cal. Health & Saf. Code § 106775 |
"Radon services" means any of the following:
(a)The analysis of radon detectors or testing for radon or radon decay products by a commercial laboratory.
(b) The performance of radon or radon progeny measurements in buildings by an individual person who provides professional or expert advice on radon and radon progeny measurements, radon entry routes, and other radon related activities.
(c) The repair or alteration by an individual person of a building or design for the purpose, in whole or in part, of reducing the concentration of radon in the indoor atmosphere.” |
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Cal. Health & Saf. Code § 106780 |
“(a) Except as provided in Section 106790, no person may provide radon services for the general pubic, or represent or advertise that he or she may provide radon services unless that person meets both of the following requirements:
(1) Successfully completes the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program.” |
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Cal. Health & Saf. Code § 106785 |
“The department shall maintain a list of persons that have submitted proof of certification by either the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program. This list shall be made available to the public.” |
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Cal. Health & Saf. Code § 106790 |
“This article does not apply to a person in any of the following circumstances:
(a) The person is testing for, or mitigating radon in a building that the person owns or occupies.
(b) The person is designing or conducting mitigation measures to prevent against radon infiltration or accumulation in new construction.
(c) The person is performing scientific research regarding testing or mitigation of radon, but only if the person informs the owner and the occupant of the building of all of the following:
(1) That the person is not certified by the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program.
(2) Any test results are neither certified nor valid for legal purposes.
(3) Any mitigation methods suggested or used are experimental.” |
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Cal. Health & Saf. Code § 106795 |
“It is unlawful for an individual to provide radon services in violation of this article. A violation of this article is a misdemeanor punishable by a fine of not more than one thousand dollars ($ 1,000).” |
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Cal. Health & Saf. Code § 25417.1 |
"The department shall publish a new edition of the consumer information booklet described in Section 10084.1 of the Business and Professions Code. The booklet shall, among other things, be in substantial compliance with the federal disclosure requirements regarding the safe management of lead and radon gas in housing, and shall be made available to the public on or before the date on which the Secretary of Housing and Urban Development submits to Congress the report required pursuant to subpart (B) of subdivision (d) of Section 4822 of Title 42 of the United States Code." |
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Cal Health & Saf. Code § 10084.1 |
"(a) Notwithstanding Section 10450.6, on or before January 1, 1991, the department, using funds appropriated from the Education and Research Account in the Real Estate Fund, shall develop a booklet to educate and inform consumers on all of the following:
(1) Common environmental hazards that are located on, and affect, real property. The types of common environmental hazards shall include, but not be limited to, asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination." |
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Colorado
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C.R.S. 25-7-109.3 |
“The commission shall promulgate appropriate regulations pertaining to hazardous air pollutants as defined in section 25-7-103 (13) which are consistent with this section and the requirements of and emission standards promulgated pursuant to section 112 of the federal act, including any standard required to be imposed under section 112(r) of the federal act. The commission shall monitor the progress and results of the risk studies performed under section 112 of the federal act to show that Colorado's hazardous air pollutant control and reduction program is consistent with the national strategy.” |
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C.R.S. 6-1-105 |
" A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person…Knowingly makes a false representation as to the results of a radon test or the need for radon mitigation…" |
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Connecticut
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Conn. Gen. Stat. § 10-220 |
“Prior to January 1, 2008, and every five years thereafter, for every school building that is or has been constructed, extended, renovated or replaced on or after January 1, 2003, a local or regional board of education shall provide for a uniform inspection and evaluation program of the indoor air quality within such buildings, such as the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program. The inspection and evaluation program shall include, but not be limited to, a review, inspection or evaluation of the following: (1) The heating, ventilation and air conditioning systems; (2) radon levels in the water and the air;” |
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Conn. Gen. Stat. § 10-231f |
“Each local and regional board of education may establish an indoor air quality committee for each school district or facility to increase staff and student awareness of facets of the environment that affect the health of the occupants of school facilities including, but not limited to, air quality, water quality and the presence of radon.” |
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Conn. Gen Stat. § 10-291 |
“(b) The Department of Education shall not approve a school building project plan or site, as applicable, if:
(1) The site is in an area of moderate or high radon potential, as indicated in the Department of Environmental Protection's Radon Potential Map, or similar subsequent publications, except where the school building project plan incorporates construction techniques to mitigate radon levels in the air of the facility;” |
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Conn. Gen Stat. § 19-14b |
“(1) "Radon diagnosis" means evaluating buildings found to have levels of radon gas that are higher than the guidelines promulgated by this state or the United States Environmental Protection Agency and recommending appropriate remedies to eliminate radon.
(2) "Radon mitigation" means taking steps including, but not limited to, installing ventilation systems, sealing entry routes for radon gas and installing subslab depressurization systems to reduce radon levels in buildings.
(3) "Analytical measurement service providers" means companies or individuals that have their own analysis capability for radon measurement but may or may not offer measurement services directly to the public.
(4) "Residential measurement service providers" means individuals that offer services that include, but are not limited to, detector placement and home inspection and consultation but do not have their own analysis capability and utilize the services of an analytical measurement service provider for their detector analysis.
(5) "Residential mitigation service providers" means individuals that offer services that include, but are not limited to, radon diagnosis or radon mitigation.
(b) The Department of Public Health shall maintain a list of companies or individuals that are included in current lists of national radon proficiency programs that have been approved by the Commissioner of Public Health.
(c) The Department of Public Health shall adopt regulations, in accordance with chapter 54, establishing safe levels of radon in potable water.” |
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Conn. Gen Stat. § 19a-37b |
“Not later than January 1, 1991, the Department of Public Health shall adopt regulations pursuant to chapter 54 to establish acceptable levels of radon in ambient air and drinking water in schools.” |
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Conn. Gen Stat. § 20-327b |
"[E]ach person who offers residential property in the state for sale, exchange or for lease with option to buy, shall provide a written residential condition report to the prospective purchaser at any time prior to the prospective purchaser's execution of any binder, contract to purchase, option, or lease containing a purchase option…The written residential disclosure report shall contain the following… Information concerning environmental matters such as…radon…" |
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Conn. Gen. Stat. § 20-420 |
"No certificate shall be given to any person who holds himself or herself out to be a contractor that performs radon mitigation unless such contractor provides evidence, satisfactory to the commissioner, that the contractor is certified as a radon mitigator by the National Radon Safety Board or the National Environmental Health Association." |
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Conn. Gen. Stat. § 20-427d |
"The commissioner may, after notice and hearing in accordance with the provisions of chapter 54, impose a civil penalty on any person who engages in or practices the work or occupation for which a certificate of registration is required by this chapter without having first obtained such a certificate of registration or who willfully employs or supplies for employment a person who does not have such a certificate of registration… in the case of radon mitigation work, such penalty shall be not less than two hundred fifty dollars." |
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Delaware
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16 Del. C. § 7402 |
“It is the purpose of this chapter to effectuate the policies set forth in § 7401 of this title by providing a program to:
(5) Survey radon concentrations indoors to determine elevated radon levels and advise the General Assembly of those potential health effects as are set forth in publications and guidelines of the federal government.” |
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6 Del. C. § 2572A |
"(a) [E]very purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon.
(b) Except as excluded by § 2577 of this title, the seller of any interest in residential real property on which a residential dwelling exists is required to provide the buyer with any information on radon from tests or inspections in the seller's possession, and notify the buyer of any known radon hazards.
(c) The Department of Health and Social Services shall develop the content of written information that the selling broker shall provide to the buyer of any interest in residential real property on which a residential dwelling exists. The information shall describe potential hazards of exposure to radon, testing for radon and radon remediation.
(d) The Delaware Real Estate Commission shall develop a form that will document that subsections (a), (b) and (c) of this section have occurred. The form shall be utilized for every transfer of residential real property as described in this section and shall include:
(1) The property address;
(2) The seller's disclosure of the presence of radon hazards, if known;
(3) The buyer's acknowledgement that information about radon was received;
4) The buyer's acknowledgement of that buyer's option to test for radon;
(5) The seller's acknowledgement that the seller has been informed of the seller's obligation and is aware of that seller's responsibility to ensure compliance with this section; and
(6) Signatures of the buyer and seller attesting to the above and the date so signed." |
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District of Columbia
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D.C. Code § 28-4201 |
“(a) No person or company shall conduct or offer to conduct any radon screening, testing, or mitigation in the District for a fee unless that person has been listed as proficient by the United States Environmental Protection Agency to offer radon screening, testing, or mitigation services.
(b) The Mayor shall maintain, revise as necessary, and make available to the public a list of persons or companies who have been listed as proficient by the United States Environmental Protection Agency to offer screening, testing, or mitigation for radon.” |
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D.C. Code § 28-4202 |
“The Mayor may issue proposed rules establishing radon screening, testing, or mitigation programs in the District that are in compliance with any recommendations or guidelines published by the United States Environmental Protection Agency.” |
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Florida
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Fla. Stat. § 404.056 |
“The department may certify persons who perform radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of such measurements, and who perform mitigation of buildings for radon gas or radon progeny, and shall collect a fee for such certification. Before performing radon measurement or radon mitigation services, including collecting samples, performing analysis, or interpreting measurement results, a certified individual must own, be employed by, or be retained as a consultant to a certified radon measurement or certified radon mitigation business.”
(c) The results of measurements of radon gas or radon progeny performed by persons certified under the provisions of this subsection shall be reported to the department and persons contracting for the service.” |
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Fla. Stat. § 553.98 |
“(1) The department shall be provided funds for activities incidental to the development and implementation of the building codes for radon-resistant buildings and for such other building code-related activities as directed by the Legislature.”
“(3) Local jurisdictions may enact ordinances for radon-resistant building construction only pursuant to this subsection.” |
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Illinois
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225 ILCS 52/5 |
“Sec. 5. Public policy. Due to the increasing problems relating to chemical exposure, toxic substances, air pollution, hazardous waste, radon, lead poisoning, radiation, and related health and environmental problems, it is hereby declared necessary to protect the public health and safety from harm by regulating the profession of industrial hygiene.” |
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415 ILCS 52/5 |
“Sec. 17.6. The maximum contaminant levels of barium, fluoride, and radionuclides (including radium 226, radium 228, uranium, radon, gross alpha particle activity and gross beta activity) in Illinois public water supplies shall be the enforceable maximum concentration limits promulgated from time to time by the Administrator of the U.S. Environmental Protection Agency to implement Sections 1401 and 1412 of the federal Safe Drinking Water Act [42 U.S.C. §§ 300f and 300g-1]. Board regulations prescribing activity and contaminant levels under this Section shall be adopted pursuant to the provisions of the Illinois Administrative Procedure Act [5 ILCS 100/5-35] relating to peremptory rulemaking.” |
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420 ILCS 44/5 |
“Legislative declaration. The General Assembly declares that it is in the interest of the people of Illinois to establish a comprehensive program for determining the extent to which radon and radon progeny are present in dwellings and other buildings in Illinois at levels that pose a potential risk to the occupants and for determining measures that can be taken to reduce and prevent such risk.” |
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420 ILCS 44/15 |
“(c) "Laboratory analysis" means the act of determining radon or radon progeny concentrations in air, water, soil, or passive radon testing devices or the act of exposing radon or radon progeny devices to known concentrations of radon or radon progeny as a compensated service.
(d) "Mitigation" means the act of repairing or altering a building or building design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere.
(f) "Radon" means a gaseous radioactive decay product of uranium or thorium.
(g) "Radon contractor" or "contractor" means a person licensed to perform radon or radon progeny mitigation or to perform radon measurements to detect radon or radon progeny in an indoor atmosphere.
(h) "Radon progeny" means any combination of the radioactive decay products of radon.” |
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420 ILCS 44/20 |
“(a) The Department may undertake projects to determine whether and to what extent radon and radon progeny are present in dwellings and other buildings, to determine to what extent their presence constitutes a risk to public health, and to determine what measures are effective in reducing and preventing the risk to public health.” |
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420 ILCS 44/25 |
“License requirement. Beginning January 1, 1998, no person shall sell a device or perform a service for compensation to detect the presence of radon or radon progeny, perform laboratory analysis, or perform a service to reduce the presence of radon or radon progeny in the indoor atmosphere unless the person has been licensed by the Department.” |
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420 ILCS 44/30 |
“Within 45 days after testing for radon or radon progeny, a person performing the testing shall report to the owner or occupant of the building the results of the testing. To the extent that the testing results contain information pertaining to the medical condition of an identified individual or the level of radon or radon progeny in an identified dwelling, information obtained by the Department pursuant to this Act is exempt from the disclosure requirements of the Freedom of Information Act” |
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420 ILCS 44/35 |
“(a) A person required to be licensed under Section 25 of this Act who sells a device or performs a service without being properly licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $ 5,000, for each offense, as determined by the Department.” |
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420 ILCS 44/50 |
“The Director may summarily suspend the license of a radon contractor without a hearing, simultaneously with the institution of proceedings for a hearing, if the Director finds that evidence in his or her possession indicates that continuation of the contractor in practice would constitute an imminent danger to the public. If the Director summarily suspends a license without a hearing, a hearing by the Department shall be held within 30 days after the suspension has occurred and shall be concluded without appreciable delay.” |
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420 ILCS 46/10 |
"Radon testing and disclosure…the seller shall provide to the buyer of any interest in residential real property the IEMA pamphlet entitled "Radon Testing Guidelines for Real Estate Transactions" (or an equivalent pamphlet approved for use by IEMA) and the Illinois Disclosure of Information on Radon Hazards, which is set forth in subsection (b) of this Section, stating that the property may present the potential for exposure to radon before the buyer is obligated under any contract to purchase residential real property. Nothing in this Section is intended to or shall be construed to imply an obligation on the seller to conduct any radon testing or mitigation activities." |
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815 ILCS 505/2W |
“No person shall, for compensation, perform any act or service to reduce radon or radon progeny unless that person has an objective basis to believe that the act or service performed will reduce radon or radon progeny as represented. A person who violates this Section commits an unlawful practice within the meaning of this Act and is guilty of a Class A misdemeanor.” |
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815 ILCS 505/2V & 2U |
“No person shall intentionally or negligently misrepresent the results of a test to detect or measure radon or radon progeny. A person who violates this Section commits an unlawful practice within the meaning of this Act and is guilty of a Class A misdemeanor.” |
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765 ILCS 77/35 |
" Disclosure report form. The disclosures required of a seller by this Act shall be made in the following form…I am aware of unsafe concentrations of radon on the premise…Yes/No/NA." |
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Indiana |
Burns Ind. Code Ann. § 16-41-38-2 |
“The state department shall adopt rules under IC 4-22-2 to establish and operate programs for the certification of a person engaged in:
(1) testing for radon gas in buildings or on areas of land; or
(2) abatement of radon gas in buildings.” |
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Burns Ind. Code Ann. § 16-41-38-4 |
“In establishing standards and requirements under this chapter, the state department shall use any relevant standards or requirements concerning radon gas established by the United States Environmental Protection Agency.” |
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Burns Ind. Code Ann. § 16-41-38-5 |
“(a) This section does not apply to an individual who is testing for radon gas or engaged in the abatement of radon gas if the individual is:
(1) performing the testing or abatement in a building the individual owns;
(2) performing the testing on an area of land the individual owns; or
(3) conducting scientific research on radon gas testing or abatement in a building or on an area of land and the owner of the building or area of land is not charged for the testing or abatement.
(b) An individual may not engage or profess to engage in:
(1) testing for radon gas; or
(2) abatement of radon gas;
unless the individual is certified under this chapter.” |
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Burns Ind. Code Ann. § 16-41-38-7 |
“An individual accredited in another state to perform testing for or abatement of radon gas may be certified under this chapter without passing an examination if:
(1) the state in which the individual is accredited maintains an accreditation program substantially similar to the certification program under this chapter; and
(2) the individual pays a fee.” |
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Burns Ind. Code Ann. § 16-41-38-8 |
“(a) The radon gas trust fund is established to provide a source of money for the purposes described in this chapter.” |
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Burns Ind. Code Ann. § 16-41-38-9 |
“In addition to the penalties set out in this chapter, the state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of a compliance order to impose a civil penalty not to exceed one thousand dollars ($ 1,000) for each violation, each day, against a person who:
(1) fails to comply with this chapter or a rule adopted under this chapter” |
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Iowa
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Iowa Code § 136B.1 |
“2. The department shall establish programs and adopt rules for the certification of persons who test for the presence of radon gas and radon progeny in buildings, the credentialing of persons abating the level of radon in buildings, and standards for radon abatement systems.
3. Following the establishment of the certification and credentialing programs by the department, a person who is not certified, as appropriate, shall not test for the presence of radon gas and radon progeny, and a person who is not credentialed, as required, shall not perform abatement measures. This section does not apply to a person performing the testing or abatement on a building which the person owns, or to a person performing testing or abatement without compensation.” |
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Iowa Code § 136B.2 |
“ 1. A person shall not disclose to any other person, except to the department, the address or owner of a nonpublic building that the person tested for the presence of radon gas and radon progeny, unless the owner of the building waives, in writing, this right of confidentiality. Any test results disclosed shall be results of a test performed within the five years prior to the date of the disclosure.” |
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Iowa Code § 136B.3 |
“The department or its duly authorized agents shall from time to time perform inspections and testing of the premises of a property to determine the level at which it is contaminated with radon gas or radon progeny as a spot-check of the validity of measurements or the adequacy of abatement measures performed by persons certified or credentialed under section 136B.1. Following testing the department shall provide the owner of the property with a written report of its results including the concentration of radon gas or radon progeny contamination present, an interpretation of the results, and recommendation of appropriate action. A person certified or credentialed under section 136B.1 shall also be advised of the department's results, discrepancies revealed by the spot-check, actions required of the person, and actions the department intends to take with respect to the person's continued certification or credentialing.” |
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Iowa Code § 136B.5 |
“A person who violates a provision of this chapter is guilty of a serious misdemeanor.” |
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Kentucky |
KRS § 211.855 |
“(1) The Cabinet for Health Services shall be the regulatory agency for the control of radon in the Commonwealth of Kentucky.
(2) The Cabinet for Health Services shall develop and conduct programs for evaluation and control of activities related to radon including laboratory analyses, mitigation, and measurements.” |
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KRS § 211.856 |
“(1) No person shall engage in radon analysis, mitigation, or testing activities without obtaining certification from the Cabinet for Health Services. The Cabinet for Health Services shall promulgate administrative regulations pursuant to KRS Chapter 13A, which shall include, but not be limited to, specifications of the form of applications for certification, the qualifications for certification, grounds for revocation of certification, and other matters as may be necessary to protect the public from unnecessary radiation exposure from radon.” |
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Louisiana
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La. R.S. 40:740 |
This statute notes the acceptable levels for hundreds of pollutants/toxins, including radon. |
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Maine |
22 M.R.S. § 772 |
“2. AUTHORIZED RADON TESTING DEVICE. "Authorized radon testing device" means a device that:
A. Collects radon or its decay products;
B. Requires analysis by an independent measuring facility or is a
continuous monitoring device; and
C. Has been determined to meet the proficiency requirements as
determined by the department through rule. Rules adopted pursuant to
this paragraph are routine technical rules as defined in Title 5,
chapter 375, subchapter II-A.” |
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22 M.R.S. § 773 |
“The division is the lead agency having primary responsibility for programs related to radon and associated radiological concerns. The division shall register firms, including listed facilities, and individuals who test for the presence of radon or associated radiological concerns or who provide consulting, construction or other remedial services for reducing the levels of radon or associated radiological concerns. The division may facilitate functions including, but not limited to, education, funding, liaison, technology transfer and training with the United States Environmental Protection Agency or other federal or state agencies. The division also serves as an information clearinghouse for radon and associated radiological concerns by maintaining records and disseminating information to educate the public about radon, describing technical assistance programs and interpreting test results as appropriate.” |
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22 M.R.S. § 774 |
“A person may not perform, evaluate or advertise to perform or evaluate tests for the presence of radon in buildings or on building lots unless registered with the division. This registration requirement includes without limitation a person whose place of business is located in the State, or in another state, who offers radon testing services to residents of the State either directly or through the mail.” |
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22 M.R.S. § 776 |
“The requirements of sections 774 and 775 do not apply to any of the following:
1. PERSONAL USE. A person performing testing or mitigation on a building owned or inhabited by that person but not for sale at the time that person performs testing or mitigation on that building;
2. NEW CONSTRUCTION. A builder utilizing preventive or safeguarding measures in new construction as recommended in "Radon-resistant Residential New Construction" EPA/60018-881087 published by the United States Environmental Protection Agency or an equivalent publication as determined by the department;
3. DEPARTMENT EMPLOYEES. Employees of the department in the course of their assigned duties; or
4. AUTHORIZED PERSONNEL. A person performing testing with the written approval of the department. Registration under section 774 or 775 does not constitute written approval for the purposes of this subsection” |
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22 M.R.S. § 777 |
“Any person who is required to register under section 774 or 775 shall use only authorized radon testing devices and shall have these devices analyzed by a listed facility. When disclosing test results, any person registered under section 774 or 775 shall provide in writing the name and address of the listed facility that performed the analysis. ” |
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22 M.R.S. § 778 |
“person registered under section 774 or 775 shall, within 45 days of the date the services are provided, notify the department in writing of the zip code of the client and the results of any tests performed” |
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22 M.R.S. § 779 |
“A person may not advertise any radon testing device as "State-approved," "approved by the State of Maine" or by use of any phrases with similar meaning or content. This restriction also applies to any reference denoting municipal approval.” |
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22 M.R.S. § 882 |
“Any person failing to register pursuant to section 774 or 775, commits a civil violation for which a forfeiture not to exceed $ 500 may be adjudged. Any person in violation of section 777, 778 or 779 commits a civil violation for which a forfeiture not to exceed $ 250 per violation may be adjudged. Any person who engages in radon testing, advertising or mitigation in violation of this chapter is also in violation of Title 5, chapter 10.” |
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22 M.R.S. § 884 |
“The Radon Relief Fund is established as a nonlapsing fund to support the radon-related research, testing, educational and mitigation activities of the division. Funds received from registrations under sections 774 and 775 and any other miscellaneous sources of income are deposited in the fund. The division shall administer the fund. Funds in the Radon Relief Fund must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.” |
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33 M.R.S. § 173 |
"[T]he seller of residential real property shall provide to the purchaser a property disclosure statement containing the following information…Hazardous materials. The presence or prior removal of hazardous materials or elements on the residential real property, including, but not limited to…radon." |
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Maryland
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Md. Environmental Code Ann. § 8-305 |
“(b) Requirements of persons engaged in business of testing. -- A person who engages in the business of testing for the presence of indoor radon shall:
(1) After completion of round 6 of the United States Environmental Protection Agency's National Radon Measurement Proficiency Program, have all tests analyzed by a listed facility;
(2) Indicate the name of the facility conducting the analysis on the radon testing device; and
(3) Disclose in writing to the ultimate consumer the results of the radon test and the name and address of the facility that analyzed the test.
(c) Responsibilities of Department. -- The Department:
(1) May adopt regulations to require radon testing facilities to send test results to the Department; and
(2) May not disclose, in response to a request from the public for the name of a radon testing facility, the name of a radon tester that is not a listed facility.” |
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Md. Housing and Community Development Code Ann. § 4-930 |
“(a) Established. -- There is a Radon and Asbestos Abatement Pilot Program.
(1) To qualify for a loan, an applicant shall:
(i) own a building in need of radon or asbestos abatement:
1. that is otherwise structurally sound; or
2. for which the applicant provides a commitment from a lender to finance improvements to make the building structurally sound; and
(ii) make a proposal to the Department for treatment that complies with the requirements and procedures of the Department of the Environment for radon or asbestos abatement.
(2) In addition to the requirements in paragraph (1) of this subsection, the applicant shall:
(i) live in the building and be a family of limited income;
(ii) agree to rent at least two-thirds of the dwellings in the building to families of limited income; or
(iii) agree to provide congregate or group housing or temporary shelters to families of limited income. |
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Md. Real Prop. Code Ann. § 10-702 |
" A vendor of single family residential real property shall complete and deliver to each purchaser… A written residential property condition disclosure statement …Contents of residential property disclosure statement… Hazardous or regulated materials, including asbestos, lead-based paint, radon…" |
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Md. Real Prop. Code Ann. §10-603 |
"If the builder does not participate in a new home warranty security plan…The builder must make a disclosure at the time of the purchase or construction contract containing an explanation in 12 point type that… Describes any hazardous or regulated materials, including asbestos, lead-based paint, radon… present on the site of the new home of which the builder has actual knowledge" |
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Md. Real Prop. Code Ann. § 10-604 |
" A builder who has disclosed that the builder participates in a new home warranty security plan shall… Disclose to the owner at the time of the purchase or construction contract… Any actual knowledge that the builder has of any hazardous or regulated materials, including asbestos, lead-based paint, radon… present on the site of the new home." |
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Massachusetts |
ALM GL ch. 13, § 97 |
“Board of Registration of Home Inspectors; Powers and Duties. Said board shall make available to the public a list of licensed home inspectors and associate home inspectors.” |
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ALM GL ch. 112, § 222 |
“(a) No person shall present, call or represent himself as authorized to provide a home inspection for compensation unless licensed by the board in accordance with this section and sections 223 to 226, inclusive. No person shall conduct a home inspection for compensation unless licensed by the board in accordance with this section and said sections 223 to 226, inclusive, and unless he provides a written report of the home inspection. The requirements contained in this subsection shall not be construed to prevent any of the following persons from acting within the scope of their profession:” |
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Michigan
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Mich. Comp. Laws § 565.957 |
" Seller's Disclosure Statement [for transfer in real estate of 1-4 residential units] shall be made on the following form…Are you aware of any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, radon gas…." |
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Minnesota |
Minn. Stat. § 116C.76 |
“Radionuclide release levels. Radioactive waste management facilities for spent nuclear fuel or high-level radioactive wastes must be designed to provide a reasonable expectation that the undisturbed performance of the radioactive waste management facility will not cause the radionuclide concentrations, averaged over any year, in groundwater to exceed:
(1) five picocuries per liter of radium-226 and radium-228;
(2) 15 picocuries per liter of alpha-emitting radionuclides including radium-226 and radium-228, but excluding radon; or
(3) the combined concentrations of radionuclides that emit either beta or gamma radiation that would produce an annual dose equivalent to the total body of any internal organ greater than four millirems per year if an individual consumed two liters per day of drinking water from the groundwater.” |
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Minn. Stat. § 123B.57 |
" A district must adopt a health and safety program. The program must include plans, where applicable, for hazardous substance removal, fire and life safety code repairs, regulated facility and equipment violations, and health, safety, and environmental management, including indoor air quality management… A plan to test for and mitigate radon produced hazards." |
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Montana
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Mont. Code Anno. § 75-3-602 |
"Radon" means any of the gaseous radioactive decay products of uranium or thorium.
(6) "Radon progeny" means any of the radioactive decay products of radon.
(7) "Radon-related occupation" means the occupation of any person who performs radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of those measurements, or who performs radon gas or radon progeny mitigation.
"Mitigation project" means to repair or alter a building or design for the purpose, in whole or in part, of reducing the concentration of radon in the indoor atmosphere.” |
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Mont. Code Anno. § 75-3-604 |
“(1) The results of measurements of radon gas or radon progeny performed by a person may be reported to the department. The report may include the radon levels detected and the location and description of the building.” |
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Mont. Code Anno. § 75-3-605 |
“The department shall initiate and administer a program designed to educate and inform the public concerning radon gas and radon progeny. The program must include but is not limited to:
(1) public presentations to interested parties;
(2) developing, reproducing, and distributing printed materials to home owners and other interested groups;
(3) responding to telephone inquiries on a maintained toll-free telephone number;
(4) providing technical and training information for radon measurement and mitigation;
(5) maintaining and distributing lists of qualified persons who perform measurement and mitigation services;
(6) developing and implementing an effective communication strategy to encourage all home owners to test for radon; and
(7) encouraging cooperative partnerships to promote radon testing of buildings and homes.” |
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Mont. Code. Anno. § 75-3-606 |
“(1) A radon disclosure statement must be provided on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase and sale of inhabitable real property.” |
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Nebraska
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R.R.S. Neb. § 71-3501 |
“It is the policy of the State of Nebraska in furtherance of its responsibility to protect occupational and public health and safety and the environment:
To maximize the protection practicable for the citizens of Nebraska from radon or its decay products by establishing requirements for (a) appropriate qualifications for persons providing measurement and mitigation services of radon or its decay products and (b) radon mitigation system installations.” |
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R.R.S. Neb.§ 71-3502.01 |
“The Department of Health and Human Services Regulation and Licensure may establish an alternative maximum contaminant level for radon in drinking water by establishing a multimedia radon mitigation program as provided under federal law which may include public education, testing, training, technical assistance, remediation grants, and loan or incentive programs. The purpose of the radon mitigation program shall be to achieve health risk reduction benefits equal to or greater than the health risk reduction benefits that would be achieved if each public water system in the state complied with the maximum contaminant level of three hundred picocuries per liter.” |
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R.R.S. Neb. § 71-3503 |
“License means:
A license issued to a radon measurement specialist, radon measurement technician, radon mitigation specialist, radon mitigation technician, radon measurement business, or radon mitigation business” |
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R.R.S. Neb § 71-3505 |
“Matters relative to radiation as they relate to occupational and public health and safety and the environment shall be a responsibility of the department. The department shall: for registration or licensure of (i) any other source of radiation, (ii) persons providing services for collection, detection, measurement, or monitoring of sources of radiation, including, but not limited to, radon and its decay products” |
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R.R.S. Neb. § 71-3507 |
“The department shall require licensure of persons providing measurement and mitigation services of radon or its decay products in order to protect the occupational and public health and safety and the environment. The department shall adopt and promulgate rules and regulations establishing education, experience, training, examination, and continuing competency requirements for radon measurement specialists, radon measurement technicians, radon mitigation specialists, and radon mitigation technicians. Continuing competency requirements may include, but not be limited to, one or more of the continuing competency activities listed in section 71-161.09. The department shall adopt and promulgate rules and regulations establishing staffing, proficiency, quality control, reporting, worker health and safety, equipment, and record-keeping requirements for radon measurement businesses and radon mitigation businesses and mitigation system installation requirements for radon mitigation businesses.” |
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R.R.S. Neb. § 71-3508.03 |
"The department shall establish by rule and regulation annual fees for the radioactive materials licenses, for inspections of radioactive materials, for the registration and inspection of radiation-generating equipment and other sources of radiation, and for radon measurement and mitigation business licenses and inspections of radon mitigation systems installations under the Radiation Control Act.
When a registrant or licensee fails to pay the applicable fee, the department may suspend or revoke the registration or license or may issue an appropriate order.” |
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R.R.S. Neb. § 71-3517 |
"Any person who violates any of the provisions of the Radiation Control Act shall be guilty of a Class IV misdemeanor…Radon measurement specialists and radon mitigation specialists shall be subject to the reporting, investigatory, and disciplinary provisions of sections 38-176 to 38-185, 38-1,106, 38-1,109 to 38-1,126, and 38-1,137 to 38-1,139." |
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Nevada
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Nev. Rev. Stat. Ann. § 459.300 |
“The legislature finds that tailings from active and inactive uranium and thorium mills pose a potential hazard from radiation to the health of persons in this state. It is essential for this state to regulate the activities of such mills to:
1. Assure that every reasonable effort is made to provide for the stabilization, disposal and control of such tailings in a safe and environmentally sound manner.
2. Minimize or prevent the diffusion of radon and other environmental hazards from such tailings.
3. Reduce to the greatest extent practicable the need for long-term treatment and surveillance of such tailings.” |
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New Hampshire
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RSA 125:9 |
“The commissioner of the department of health and human services shall:
Investigate complaints of poor indoor air quality and conduct inspections of buildings and dwellings, upon request, for the presence of radon or other health hazards present in indoor air; and provide education, technical consultation, and recommendations for abatement of such health hazards in conjunction with the University of New Hampshire cooperative extension.” |
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RSA 131:3-a |
“Fees for analyses required by the federal Safe Drinking Water Act or offered as a service shall be set by following the cost allocation method established for reimbursements to the state from grants funded by the United States Environmental Protection Agency (EPA).
Radon $ 20” |
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RSA 477:4-a |
“Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon Gas: Radon gas, the product of decay of radioactive materials in rock may be found in some areas of New Hampshire. This gas may pass into a structure through the ground or through water from a deep well. Testing can establish its presence and equipment is available to remove it from the air or water.” |
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New Jersey
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N.J. Stat. § 13:1K-14 |
“The Department of Environmental Protection shall, upon a determination after inspection and testing that the premises of any residential property are not significantly contaminated with radon gas or radon progeny and require no remedial action, provide the owner of the property with written certification that, as of the date of the testing, any radon gas or radon progeny contamination present was within acceptable limits as established by the United States Environmental Protection Agency and the department.
The costs incurred by the department in providing the certifications required by this section shall be covered by sums which may be appropriated or otherwise made available to the department to remedy radon gas or radon progeny contamination.” |
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N.J. Stat. § 18A:20-40 |
“Except as may be provided pursuant to subsection b. of this section, every public school building used as a public school in the State shall be tested for the presence of radon gas or radon progeny at least once every five years. If the public school has been tested less than five years prior to the effective date of this act, then the test shall be performed within five years of that test and once every five years thereafter.
The superintendent of each school district in the State, in consultation with the Department of Environmental Protection and the principal of each school to be tested, shall determine the buildings to be tested, the locations within each building to be tested, the method of testing, and the procedures concerning notification and circulation of the testing results.” |
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N.J. Stat. § 26:2D-59 |
“The Department of Environmental Protection shall prepare and transmit to the Governor and Legislature a study concerning the dangers posed to the public health, safety, and welfare by the presence of radon gas and radon progeny in residential dwellings, schools, and public buildings in the State. The study shall identify the potential sources of contamination in the State, identify demographic, geologic, and geographic areas subject to an actual or potential threat or danger of contamination, and develop a cost-effective strategy for radon gas and radon progeny contamination testing. The study shall include recommendations for private actions to solve or alleviate potential health problems and any legislative or executive action that should be taken. The department shall prepare and transmit to the Governor and the Senate Institutions, Health and Welfare Committee and the General Assembly Agriculture and Environment Committee interim reports on its progress in implementing this section. The department shall transmit its first report on May 1, 1986 and subsequent reports every six months thereafter.” |
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N.J. Stat. § 26:2D-60 |
“The Department of Health shall conduct an epidemiologic study of cancer and the presence of radon gas and radon progeny in residential dwellings and shall maintain a voluntary registry of persons at risk of radiogenic lung cancer. The department shall communicate promptly to persons on the registry new techniques for the prevention of mortality from the disease.” |
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N.J. Stat. § 26:2D-61 |
“The Department of Environmental Protection and the Department of Health shall coordinate to establish a program of confirmatory monitoring of the presence of radon gas and radon progeny in residential dwellings, utilizing local health officers and the Department of Environmental Protection personnel.” |
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N.J. Stat. § 26:2D-62 |
“The Departments of Environmental Protection and Health shall also coordinate to establish a public information and education program to inform the public of the potential health effects of the presence of radon gas and radon progeny in residential dwellings, and the presence of radium in potable water supplies, and the geographic areas in the State subject to an actual or potential threat of danger and the measures which can be taken to protect the health, safety, and welfare of the citizens of the State. This public information and education program shall include:
a. A cooperative program with county and local health departments to facilitate health education in response to requests from the public; and
b. A toll-free public telephone information service within the Department of Environmental Protection to answer questions from residents of the State concerning radon gas and radon progeny contamination, or radium contamination, or both, as the case may be. The availability of the public telephone information service shall be published in the major newspapers circulated in the geographic areas of this State subject to an actual or potential threat of danger from radon gas or radon progeny contamination, or from the presence of radium in potable water supplies, as appropriate.” |
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N.J. Stat. § 26:2D-71 |
“The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who mitigate, and safeguard buildings from, the presence of radon gas and radon progeny.” |
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N.J. Stat. § 26:2D-72 |
“Beginning 90 days after the establishment of the certification programs by the Department of Environmental Protection pursuant to sections 1 and 2 of this act, no person who is not certified pursuant to section 1 or section 2 of this act, as appropriate, shall test for, or mitigate or safeguard a building from, the presence of radon gas and radon progeny. The provisions of this section shall not apply to a person performing this testing or mitigation on a building which he owns, or to a person performing testing or mitigation without remuneration.” |
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N.J. Stat. § 26:2D-73 |
“No person shall disclose to any person, except to the Department of Environmental Protection or the Department of Health, the address or owner of a nonpublic building that the person tested or treated for the presence of radon gas and radon progeny, unless the owner of the building waives, in writing, this right of confidentiality.
The provisions of this section shall not apply to a person performing testing or treatment on a building which he owns, or to instances where disclosure is necessary to contract for further testing or to contract for the mitigating and safeguarding of a building from the presence of radon gas and radon progeny. In the case of a prospective sale of a building which has been tested for radon gas and radon progeny, the seller shall provide the buyer, at the time the contract of sale is entered into, with a copy of the results of that test and evidence of any subsequent mitigation or treatment, and any prospective buyer who contracts for the testing shall have the right to receive the results of that testing.” |
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N.J. Stat. § 26:2D-78 |
“For the purposes of P.L. 1963, c. 73 (C. 47:1A-1 et seq.), health data relating to individuals and data relating to radon gas and radon progeny contamination at specific properties, including residential dwellings, gathered pursuant to the provisions of this act and the provisions of P.L. 1985, c. 408 (C. 26:2D-59 et seq.) shall not be deemed to be public records. The Department of Health and Environmental Protection shall destroy all information in their possession relating to the names and addresses of persons owning properties on which data were collected relating to radon gas and radon progeny contamination, at the end of five years from the date on which the data were collected.” |
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N.J. Stat. § 26:2D-80 |
“The Department of Community Affairs is authorized to enter into an agreement with a public or private agency to carry out testing for radon gas and radon progeny at the sites of residential dwellings, the construction of which is in progress or commences on or after the effective date of this act, and to provide funding for that testing, provided that each $ 1.00 of that funding is matched by $ 1.00 from other public or private sources.” |
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N.J. Stat. § 30:5B-5.2 |
“Except as provided in subsection c. of this section, within six months of the effective date of this act, the owner of any building in which a child care center licensed pursuant to the provisions of P.L. 1983, c. 492 (C. 30:5B-1 et seq.) is located shall test or cause to be tested the space in the building in which the child care center is located for the presence of radon gas and radon progeny. The test shall be conducted at least once every five years. If the building has been tested less than five years prior to the effective date of this act, then the test shall be performed within five years of that test and once every five years thereafter.
The provisions of section 4 of P.L. 1986, c. 83 (C. 26:2D-73) to the contrary notwithstanding, any owner of a building who tests for the presence of radon gas and radon progeny pursuant to this act or who has performed the test within five years prior to the effective date of this act shall post, within 30 days of the completion of the testing procedures, or within 30 days of the effective date of this act if the test has been performed prior thereto, the results of the test, and any measures taken or proposed to mitigate the presence of radon gas or radon progeny, at a location in the building which is readily visible to persons having responsibility for any child that attends the child care center.” |
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N.J. Stat. § 52:27D-123a |
“The Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a radon hazard code, or may propose amendments to revise the appropriate model code adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), for the purpose of establishing adequate and appropriate standards to ensure that schools and residential buildings within tier one areas, as defined by the Department of Environmental Protection pursuant to P.L.1985, c.408 (C.26:2D-59 et seq.), are constructed in a manner that minimizes radon gas and radon progeny entry and facilitates any subsequent remediation that might prove necessary. In preparing the radon hazard code standards, the commissioner shall employ a guideline of four picocuries per liter or such other action level standard as the Department of Environmental Protection may establish subsequent to the effective date of this act.
The department shall include in the radon hazard code standards such testing requirements as may prove reliable, practical and economical to identify sites where a proposed school or residential building will require construction in a manner that minimizes radon gas and radon progeny entry and facilitates any subsequent remediation. If a feasible predictive test method is developed, then the standards adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), shall be revised to include such further changes in construction standards as may be necessary to prevent the entry of radon gas and radon progeny into new schools or residential buildings.
No person who constructs a school or residential building in compliance with these standards anywhere within the State shall thereafter be held liable for the presence of radon gas or radon progeny in the school or residential building, or for any losses or damage to persons or property resulting therefrom.” |
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N.J. Stat. § 52:27D-123b |
“No construction permit shall be issued for the construction of any new school or residential building in a tier one area, except after submission to the construction official of documentation sufficient to establish that the construction will be in accordance with the radon hazard code standards adopted pursuant to section 1 of this act.” |
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N.J. Stat. § 52:27D-123c |
“No certificate of occupancy shall be issued for any newly constructed school or residential building required to be constructed in accordance with radon hazard code standards as provided in section 2 of this act, except upon verification by the construction official that the school or residential building conforms to the radon hazard code standards.” |
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N.J. Stat. § 52:27D-123d |
“The Department of Community Affairs, in consultation with the Department of Environmental Protection, the National Institute of Standards and Technology, the National Association of Homebuilders Research Center and the United States Environmental Protection Agency, shall investigate methods of testing building sites for the purpose of predicting the presence of radon hazards in buildings to be constructed thereon.” |
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New York
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NY CLS Real P § 444-b (2005) |
"Home inspection" means the process by which a home inspector observes and provides a written report of the systems and components of a residential building including but not limited to heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components or any other related residential building component as recommended by the home inspection council and implemented by the department through regulation to provide a client with objective information about the condition of the residential building. The home inspector shall clearly identify in the written report which systems and components of the residential building were observed. A home inspection shall not include an inspection for radon or pests.” |
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NY CLS Real P § 462 |
This statute is a questionnaire to be filled out by a home seller and given to the home purchaser. It includes a question regarding whether or not the home has been tested for radon. |
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NY Tax § 19 |
"'Green base building' means a base building which is part of an eligible building and which meets the following standards…A licensed engineer, certified industrial hygienist, or other licensed or certified professional whom the commissioner of environmental conservation shall approve, pursuant to regulations, shall conduct indoor air quality testing with respect to the entire building immediately following occupancy, if any, and on an annual basis, to monitor supply and return air and ambient air for carbon monoxide, carbon dioxide, total volatile organic compounds, radon, and particulate matter. Provided, however, once radon measurements have been found to be satisfactory, subsequent annual testing is not required." |
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North Carolina
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N.C. Gen. Stat. § 47E-4 |
“With regard to transfers described in G.S. 47E-1, the owner of the real property shall furnish to a purchaser a residential property disclosure statement. The disclosure statement shall [disclose]:
Presence of lead-based paint, asbestos, radon gas, methane gas, underground storage tank, hazardous material or toxic material (whether buried or covered), and other environmental contamination.” |
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Ohio
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ORC 3723.02 |
“(A) Except as otherwise provided in this section:
(1) No individual shall perform radon testing, or hold himself 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 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 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 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) Division (A) of this section does not apply to any of the following:
(1) An individual, business entity, or government entity using techniques during new construction designed to prevent or reduce radon infiltration in the 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 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.
(C) Division (A)(5) of this section 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.” |
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ORC 3723.03 |
“Pursuant to division (B) of section 3723.02 of the Revised Code, 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 this chapter for not more than ninety days in any calendar year as a radon tester, mitigation specialist, or mitigation contractor, if the director of health finds that the requirements for licensure in that state are comparable to the requirements for licensure under this chapter and the rules adopted under it and the individual, business entity, or government entity provides notice to the director of health, in accordance with rules adopted under section 3723.09 of the Revised Code, prior to commencing practice in this state.” |
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ORC 3723.04 |
“(A) Pursuant to division (B) of section 3723.02 of the Revised Code, an individual, business entity, or government entity conducting research regarding radon testing or mitigation may perform radon testing or mitigation without a license, if the owner or occupant of the building or real property where the research is to be conducted consents after being informed in writing of all of the following:
(1) That the individual, business entity, or government entity is not licensed to perform radon testing or mitigation;
(2) That the results of any testing are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property;
(3) That any mitigation methods used are experimental and may not be successful.
(B) Radon test results obtained pursuant to this section are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property tested.
(C) No licensed radon mitigation specialist shall provide advice regarding radon mitigation on the basis of any radon test performed pursuant to this section.
(D) No licensed radon mitigation contractor shall perform radon mitigation on the basis of any radon test performed pursuant to this section.” |
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ORC 3723.05 |
“No licensed radon tester shall use the services of a radon laboratory that has not been approved under section 3723.07 of the Revised Code.
(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;
(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 radon mitigation specialist, or licensed radon 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;
(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 tester, mitigation specialist, or mitigation contractor that was involved in the testing or provision of advice that led to the mitigation contract.
(D) No licensed radon tester, licensed radon mitigation specialist, or licensed radon mitigation contractor shall perform radon testing or mitigation or provide any advice related to radon, radon testing, or radon mitigation unless it is performed in accordance with the requirements of this chapter and the rules adopted under it.
(E) No licensed radon tester, licensed radon mitigation specialist, or licensed radon mitigation contractor shall violate any requirement of this chapter or any rule adopted under it.” |
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ORC 3723.06 |
“The director of health shall license radon testers, mitigation specialists, and mitigation contractors. Each applicant for a license shall submit a completed application to the director on a form the director shall prescribe and furnish.
(B) In accordance with rules adopted by the public health council under section 3723.09 of the Revised Code, the director shall issue the appropriate license to each applicant that pays the license fee prescribed by the council, meets the licensing criteria established by the council, and complies with any other licensing and training requirements established by the council. An individual, business entity, or government entity may hold more than one license issued under this section, but a separate application is required for each license.
(C) Notwithstanding division (B) of this section, the director shall issue a radon mitigation contractor license on request to the holder of a radon mitigation specialist license if the license holder is the owner or chief stockholder of a business entity for which he 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 division 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 division.
(D) A license issued under this section expires biennially and may be renewed by the director in accordance with criteria and procedures established by the public health council under section 3723.09 of the Revised Code and on payment of the license renewal fee prescribed by the council.
(E) 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 this chapter or the rules adopted under it or has been in violation of those requirements;
(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 this chapter or the rules adopted under it.” |
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ORC 3723.07 |
“The director of health shall approve all of the following:
(A) Licensure training courses for radon testers and mitigation specialists;
(B) Training courses for employees of mitigation contractors;
(C) Radon laboratories.” |
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ORC 3723.08 |
“The director of health shall do all of the following:
(1) Administer the radon licensing program established by this chapter and enforce the requirements of this chapter and the rules adopted under it;
(2) Examine records of radon testers, mitigation specialists, mitigation contractors, and operators of radon laboratories and training courses approved under section 3723.07 of the Revised Code as he considers necessary to determine whether they are in compliance with the requirements of this chapter and the rules adopted under it;
(3) Coordinate the radon licensing program with any radon programs in schools;
(4) Collect and disseminate information relating to radon in this state;
(5) Conduct research on indoor radon contamination, which may include a statewide survey.
(B) The director of health may do any of the following:
(1) Employ individuals with training necessary to implement the requirements of this chapter and the rules adopted under it, and pay the license fee or license renewal fee established under section 3723.09 of the Revised Code for any such employee who is required to be licensed under this chapter;
(2) Conduct inspections as he considers necessary to determine whether the requirements of this chapter and the rules adopted under it have been met;
(3) Conduct training programs and establish and collect fees to cover the cost of conducting them;
(4) Advise, consult with, cooperate with, and enter into contracts or grant agreements with any individual, business entity, government entity, interstate agency, or the federal government as he considers appropriate to fulfill the requirements of this chapter and the rules adopted under it;
(5) Consult with and seek recommendations from the radiation advisory council established under section 3748.20 of the Revised Code with respect to the implementation of this chapter;
(6) Delegate his authority and duties under this chapter to any division, bureau, agency, or employee of the department of health;
(7) Collect information required to be reported to him under any rules adopted under section 3723.09 of the Revised Code.” |
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ORC 3723.10 |
“Any individual, business entity, or government entity may file a complaint with the director of health concerning any radon tester, mitigation specialist, mitigation contractor, or operator of a radon laboratory or a training course approved under section 3723.07 of the Revised Code. The complainant's name shall be confidential and shall not be released without his written consent.” |
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ORC 3723.11 |
“The director of health shall maintain a list of all licensed radon testers, mitigation specialists, and mitigation contractors. On request, the director shall provide a copy of all or part of the list to any individual, business entity, or government entity. The director shall not impose a charge for providing the copy that exceeds the actual and necessary expense of copying it.” |
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ORC 3723.12 |
“The director of health, any employee of the department of health, or any individual, business entity, or government entity with which the director enters into an agreement under division (B)(4) of section 3723.08 of the Revised Code, shall not release information collected pursuant to this chapter concerning a specific building used as a private residence or the real property upon which it is located to anyone other than the owner or occupant of the building or real property without their consent, unless the director determines that the release is necessary for use in conducting legitimate scientific studies, or the information is released in summary statistical or other form that does not reasonably tend to disclose the address of the building or real property or the identity of the owner or occupant.
(B) The department of health shall maintain information collected pursuant to this chapter and the rules adopted under it for at least five years. The department may destroy any such information that it has maintained for five years.” |
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ORC 3723.13 |
“If the director of health requests to examine such records, no licensed radon tester, mitigation specialist, mitigation contractor, or operator of a radon laboratory or a training course approved under section 3723.07 of the Revised Code shall fail to make available to the director any records pertinent to the activities regulated by this chapter and the rules adopted under it.” |
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ORC 3723.14 |
“There is hereby created in the state treasury the radon program fund. All fees collected pursuant to this chapter; civil penalties assessed under section 3723.16 of the Revised Code; fines imposed under section 3723.99 of the Revised Code; and any grant, contribution, or other moneys received by the director of health for the purposes of this chapter shall be credited to the fund. Moneys credited to the fund shall be used only for administration and enforcement of the requirements of this chapter and the rules adopted under it.” |
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ORC 3723.17 |
“If radon testing or mitigation is performed or any related advice is provided in accordance with any procedures established under federal law or the Revised Code, the liability of a licensed radon tester, mitigation specialist, or mitigation contractor for inj |
