Current through Reg. 50, No. 249, December 24, 2024
(1) No person
may test for or mitigate the presence of radon in Florida for a fee or other
remuneration unless such person has been certified as provided by this part.
These regulations in no way exempt any person from other state and local
occupational licensure requirements.
(2) The certification requirements of this
part shall not apply to a commercial business that subcontracts radon
measurements to a certified radon business when the complete radon report from
the certified radon business is provided to the client and interpretations of
the results are provided by the certified business.
(3) No certification shall be approved unless
the applicant demonstrates to the department that the following conditions are
met:
(a) The applicant has not been found to
be in violation of Chapter 404, F.S., or this part, and has not been
decertified;
(b) The applicant has
filed an accurate and complete application with the application fee describing
compliance with the relevant certification requirements.
(4) Requirements for continued certification
shall include the following conditions:
(a)
The certified person shall conduct his activities as described in the approved
certification and shall remain in compliance with Chapter 404, F.S., and this
part.
(b) The certified person or
business shall allow authorized representatives of the department to have
access during normal business hours to his facilities, offices and files for
inspection and examination of radon-related records, measurement procedures and
mitigation system design and installations. The certified person or business
shall identify the location and allow authorized representatives of the
department to inspect all locations where the certified person or business has
conducted or contracted for onsite radon measurement or mitigation
activities.
(c) The certified
person or business shall report the following changes in writing to the
department within 10 business days of the change: changes to the name or
address of a certified individual or business; changes in the information
provided with the original business application, including changes in certified
personnel; changes in analytical service providers used; changes in
measurement, mitigation or analytical service proficiency status; and changes
to the measurement or mitigation methods used. New measurement methods shall
comply with the Quality Assurance Plan requirements specified in subsection
64E-5.1206(5),
F.A.C.
(d) The certified business
shall provide radon activity reports to the department by the 15th of each
month for the previous month.
1. Reports from
a certified radon measurement business shall include building information, the
name of the person performing the measurements and the results of all available
radon and radon progeny measurements taken during the previous month which are
not otherwise reported as specified in Rule
64E-5.1208, F.A.C. If no
measurements were taken during a month, the report shall indicate none were
taken. Data shall be submitted on form DH1750, Monthly Report for Certified
Radon Businesses, Residential Measurement Report (11/15), or form DH1833,
Monthly Report for Certified Radon Businesses, Nonresidential Measurement
Report (11/15), incorporated by reference and available from the department at
4025 Esplanade Way, Room 205, Tallahassee, Florida, at
http://radon.floridahealth.gov,
and at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08100,
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-08101,
respectively.
2. A certified radon
mitigation business shall include building information on all radon mitigation
work completed during the previous month, the name of the certified radon
measurement business and individual performing the pre-mitigation and
post-mitigation radon and radon progeny measurements, and the measurement
results. If no radon mitigations were completed or performed during a calendar
month, the report shall indicate none were completed or performed. Unless
otherwise reported as a completed project, for all in-progress mitigation
projects not completed within 30 days of initiation of the mitigation, the
certified radon mitigation business shall file a report with the department by
the 15th day of the first calendar month that begins on or after the end of the
30 days. This report shall include building location information and
anticipated date of mitigation completion. Reports of completed radon
mitigations shall be submitted on form DH1753, Monthly Report for Certified
Radon Businesses, Radon Mitigation Report (11/15), while reports of in progress
radon mitigation projects shall be submitted on form DH8002-DCHP, Notice of in
Progress Radon Mitigation System Installation (02/16), incorporated by
reference and available from the department at 4025 Esplanade Way, Room 205,
Tallahassee, Florida, at
http://radon.floridahealth.gov,
and at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08102,
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-08105,
respectively. Mitigation businesses are not required to file more than one form
DH 1753 on the same completed project.
(5) Prior to performing radon measurement or
radon mitigation services, including sample collection, analysis, or
interpretation of measurement results a certified individual shall own, be
employed by, or be retained as a consultant to a certified radon measurement or
certified radon mitigation business.
(6) A certification will be valid for 1 year
following the date of issuance. If renewal is requested more than 90 days after
an expired certification, a new application must be submitted for
recertification. After 1 year, previously certified applicants must attend a
department-approved training course. A duplicate certificate can be obtained by
written request to the department and payment of a five dollar fee.
(7)
(a) A
request for annual certification renewal shall be submitted with a
nonrefundable renewal fee. For renewal requests received prior to expiration of
the certification, the fee schedule set forth in this part will apply. For
renewal requests received after certification has expired, the fee schedule for
application and certification will apply. A certification renewal shall be
issued or denied according to the criteria set forth in this part.
(b) Annual certification renewal fee
schedule:
1. Radon Measurement or Mitigation
Business
|
Renewal request received between July 1, 2011 and
June 30, 2016:
|
$425.00
|
|
Renewal request received on or after July 1,
2016:
|
$500.00
|
2.
Radon Measurement or Mitigation Specialist
|
Renewal request received between July 1, 2011 and
June 30, 2016:
|
$350.00
|
|
Renewal request received on or after July 1,
2016:
|
$400.00
|
3.
Radon Measurement or Mitigation Technician
|
Renewal request received between July 1, 2011 and
June 30, 2016:
|
$275.00
|
|
Renewal request received on or after July 1,
2016:
|
$300.00
|
(8) A certified individual in good standing
who becomes an active duty member of the Armed Forces of the United States
prior to the expiration of the renewal period shall remain in good standing
while on active duty and for a period of 6 months after discharge from active
duty. No radon measurement or mitigation activity for which certification is
required shall be conducted after the expiration of the term of
certification.
(9) A certified
individual in good standing who is absent from the state because of their
spouse's active duty with the Armed Forces of the United States prior to the
expiration of the renewal period shall remain in good standing while their
spouse is on active duty and for a period of 6 months after their spouse's
discharge from active duty. No radon measurement or mitigation activity for
which certification is required shall be conducted after the expiration of the
term of certification.
(10) All
applications must clearly label any information considered trade secrets and
must segregate such information from other information.
(11) The department will approve training
courses for certification based upon evaluation of course materials and
content. These courses shall meet the following requirements:
(a) The course subjects shall be applicable
to Florida, shall enable the students to meet training objectives provided by
the department and shall include at least the following:
1. Radon Measurement Specialist Training.
a. Two hours of instruction on radioactivity,
radon, and radon's health effects.
b. One and one-half hours of instruction on
Florida's radon legislation and administrative rules and federal radon
legislation and proficiency programs.
c. Two and one-half hours of instruction on
radon entry and behavior.
d. One
hour of instruction on worker health and safety.
e. Seven hours of instruction on radon
measurement devices, techniques and protocols.
f. One and one-quarter hours of instruction
on building investigation and diagnostics and mitigation strategies and
techniques applicable to Florida.
g. One-half hour of instruction on
radon-resistant building techniques for new construction applicable to
Florida.
h. One hour of instruction
on measurement and mitigation techniques for radon in domestic
water.
2. Radon
Measurement Technician Training.
a. One and
one-quarter hours of instruction on radioactivity, radon, and radon's health
effects.
b. One and one-half hours
of instruction on Florida's radon legislation and administrative rules and
federal radon legislation and proficiency programs.
c. One and three-quarters hours of
instruction on radon entry and behavior.
d. One hour of instruction on worker health
and safety.
e. Five hours of
instruction on radon measurement devices, techniques and protocols, including 1
hour of experience deploying, retrieving and reporting results of various
measurement devices.
f. One-half
hour of instruction on mitigation strategies and techniques applicable to
Florida.
g. One-half hour of
instruction on radon-resistant building techniques for new construction
applicable to Florida.
h. One-half
hour of instruction on measurement and mitigation techniques for radon in
domestic water.
3. Radon
Mitigation Specialist Training.
a. Two hours
of instruction on radioactivity, radon, and radon's health effects.
b. One and one-half hours of instruction on
Florida's radon legislation and administrative rules and federal radon
legislation and proficiency programs.
c. Two and one-half hours of instruction on
radon entry and behavior.
d. One
hour of instruction on worker health and safety.
e. Three-quarters hour of instruction on
radon measurement devices, techniques and protocols.
f. One-half hour of instruction on
radon-resistant building techniques for new construction applicable to
Florida.
g. One hour of instruction
on measurement and mitigation techniques for radon in domestic water.
h. Three and one-half hours of instruction on
building investigation and diagnostics and mitigation strategies and techniques
applicable to Florida.
i. Six and
one-half hours of instruction on mitigation system theory, design and
installation applicable to Florida.
4. Radon Mitigation Technician Training.
a. One and one-quarter hours of instruction
on radioactivity, radon, and radon's health effects.
b. One and one-half hours of instruction on
Florida's radon legislation and administrative rules and federal radon
legislation and proficiency programs.
c. One and three-quarters hours of
instruction on radon entry and behavior.
d. One hour of instruction on worker health
and safety.
e. Three-quarters hour
of instruction on radon measurement devices, techniques and
protocols.
f. One-half hour of
instruction on radon-resistant building techniques for new construction
applicable to Florida.
g.
Three-quarters hour of instruction on measurement and mitigation techniques for
radon in domestic water.
h. Three
hours of instruction on building investigation and diagnostics and mitigation
strategies and techniques applicable to Florida.
i. Five hours of instruction on mitigation
system theory and installation applicable to
Florida.
(b)
Participants shall be given an opportunity to evaluate in writing the learning
experiences, instructors, instructional methods, facilities and resources used
for the course. Results of these evaluations shall be available for inspection
by the department for 3 years after completion of the course.
(c) The subject matter shall be kept current
and represent accepted protocols and techniques.
(d) The course provider shall furnish each
participant who has attended the entire course a written verification of
completion which includes:
1. Date of course,
2. Signature and name of provider,
3. Course title; and,
4. Name of participant.
(e) Course providers shall send to the
department a roster of participants who have attended the entire course within
30 days after each course on form DH 1812, Radon Certification Training Roster
(11/15), incorporated by reference and available from the department at 4025
Esplanade Way, Room 205, Tallahassee, Florida, at
http://radon.floridahealth.gov,
and at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08106.
Providers shall maintain security of attendance records. Course providers shall
maintain records of individual courses for 3 years after completion of the
course for inspection by the department.
(f) A course provider seeking approval to
conduct a radon certification training course shall make application on form DH
1813, Application to Become a Radon Certification Training Course Provider
(11/15), incorporated by reference and available from the department at 4025
Esplanade Way, Room 205, Tallahassee, Florida, at
http://radon.floridahealth.gov,
and at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08107.
(g) The course provider also shall submit to
the department a copy of the proposed curriculum, all training materials, and
information concerning the proposed instructors.
(h) The course provider shall allow
authorized representatives of the department to observe and evaluate training
sessions, instructors and course material without charge.
(i) Any proposed changes in course materials
or instructors shall be reported in writing to the department at least 15
business days before implementation of the change.
(j) Approval of a course shall be valid for a
period of 24 months. Approval may be denied or withdrawn by the department if
the course approval requirements of these rules are not
met.
Rulemaking Authority 404.051, 404.056 FS. Law Implemented
404.051, 404.056, 404.071 FS.
New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96,
Formerly 10D-91.1304, Amended 3-16-09,
4-13-17.
