Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS Chapter 13B, 211.180(1)(a), 211.9101, 211.9107,
211.3113, 211.9119
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
211.9135(3) requires the
cabinet to promulgate administrative regulations to administer, coordinate, and
enforce
KRS
211.9101 to
211.9135.
This administrative regulation establishes requirements for the registration of
an individual or laboratory to perform radon measurement, radon mitigation, or
laboratory analysis.
Section 1.
Registration Requirements.
(1) A person
seeking registration as a radon measurement contractor or a radon mitigation
contractor shall submit to the cabinet:
(a) A
completed DFS-375, Application for Registration for Radon Contractors and
Laboratories;
(b) The fee
established in Section 2(2) of this administrative regulation; and
(c) Evidence of financial responsibility in
accordance with
KRS
211.9109(1)(b) or
211.9111(1)(b).
(2) A radon laboratory seeking
registration shall submit to the cabinet:
(a)
A completed DFS-375, Application for Registration for Radon Contractors and
Laboratories;
(b) The fee
established in Section 2(2) of this administrative regulation; and
(c) Evidence of financial responsibility in
accordance with
KRS
211.9115(2)(b).
(3) A contractor with a dual
certification as a radon measurement contractor and a radon mitigation
contractor shall submit a separate registration for each discipline.
(4)
(a) All
potential registrants as a radon measurement or radon mitigation contractor
shall have a background check performed by:
1.
The Administrative Office of the Courts; and
2. The Division of Protection and Permanency
within the Cabinet for Health and Family Services.
(b) The required background check results
shall be submitted directly to the cabinet.
(c) The cabinet shall review the Kentucky Sex
Offender Registry prior to the registration of a radon measurement or radon
mitigation contractor.
(d) In
accordance with
KRS
211.9125(1)(a) the cabinet
may refuse or revoke a registration based on the results of the background
check.
(5) A registered
radon measurement contractor employee working exclusively for a registered
radon laboratory shall not be required to meet:
(a) The insurance requirements established in
subsection (1) of this section; and
(b) The background check requirements
established in subsection (4) of this section.
Section 2. Schedule of Fees.
(1) The fees required by subsection (2) of
this section shall be:
(a)
Nonrefundable;
(b) Submitted with
an application for initial registration or registration renewal; and
(c) Made payable to the Kentucky State
Treasurer.
(2)
(a) The fee for initial registration shall be
$500. The initial registration shall be valid for two (2) years.
(b) The biennial renewal fee shall be
$500.
(c) The fee for late renewal
shall be $500.
(d) The fee for
inactive registration status shall be $200. The inactive registration status
shall be valid for two (2) years.
Section 3. Registration Renewal.
(1) Each registration shall be renewed every
odd-numbered year.
(2) An
individual seeking registration renewal shall submit to the cabinet:
(a) A completed renewal application on
DFS-375, Application for Registration for Radon Contractors and
Laboratories;
(b) Proof of
compliance with a proficiency program in accordance with
KRS
211.9109(2)(a) or
211.9111(2)(a);
(c) The background checks required under
Section 1(4) of this administrative regulation;
(d) The fee established in Section 2 of this
administrative regulation; and
(e)
Evidence of financial responsibility in accordance with
KRS
211.9109(2)(b) or
211.9111(2)(b).
(3) A laboratory seeking
registration renewal shall submit to the cabinet:
(a) A completed renewal application on
DFS-375, Application for Registration for Radon Contractors and
Laboratories;
(b) Proof of
compliance with a proficiency program in accordance with
KRS
211.9115(2)(a);
(c) The fee established in Section 2 of this
administrative regulation; and
(d)
Evidence of financial responsibility in accordance with
KRS
211.9115(2)(b).
(4) A registration not renewed
within thirty (30) days after the renewal date shall lapse and may only be
reinstated:
(a) By meeting the requirements
of subsections (2) or (3) of this section; and
(b) Payment of the late renewal fee required
by Section 2(2)(c) of this administrative regulation.
Section 4. Termination of
Registration and Inactive Registration.
(1) A
registered radon measurement contractor or radon mitigation contractor shall
notify the cabinet in writing upon electing to terminate
registration.
(2) A person
previously registered with the cabinet and not engaged in radon measurement or
mitigation in the Commonwealth but desiring to maintain registration may
request and be granted inactive status.
(a) If
inactive status is granted, the person shall pay the registration fee
established in Section 2(2)(d) of this administrative regulation.
(b) A registered radon measurement contractor
or radon mitigation contractor on inactive status may petition the cabinet for
renewal of active registration. If a registered radon measurement contractor or
radon mitigation contractor on inactive status wishes to renew active
registration, the petitioner shall meet the requirements of this administrative
regulation.
Section
5. Registration Denial, Suspension, or Revocation. A registration
shall be subject to denial, suspension, or revocation in accordance with
KRS
211.9125.
Section 6. Reporting Requirements.
(1) A person, business entity, or analytical
laboratory shall submit a report to the cabinet on an annual basis for each:
(a) Radon measurement activity;
(b) Radon mitigation activity; or
(c) Laboratory analysis.
(2) The result of each measurement activity
conducted shall include:
(a) The location of
the building;
(b) The result of the
measurement in picocuries per liter (pCi/L) of radon gas;
(c) The start and end date of the measurement
activity;
(d) The type of
measurement activity conducted;
(e)
The registrant responsible for supervising the measurement; and
(f) The type of building measured, including
the foundation type.
(3)
The result of each mitigation activity conducted shall include:
(a) The location of the building;
(b) The result of the post-mitigation
measurement in picocuries per liter (pCi/L) of radon gas;
(c) The date of the mitigation
activity;
(d) The type of
mitigation conducted;
(e) The
registrant responsible for supervising the mitigation; and
(f) The type of building mitigated, including
the foundation type.
(4)
The result of each laboratory analysis conducted shall include:
(a) The location of the building;
(b) The result of the measurement in
picocuries per liter (pCi/L) of radon gas;
(c) The date of the measurement activity and
laboratory analysis;
(d) The type
of laboratory analysis conducted;
(e) The registrant responsible for
supervising the measurement and laboratory analysis; and
(f) The type of building measured, including
the foundation type.
Section 7. Administrative Hearings. A person,
business entity, or analytical laboratory shall be afforded an opportunity for
an administrative hearing in accordance with KRS Chapter 13B.
Section 8. Penalties. The cabinet may assess
civil penalties in accordance with
KRS
211.9125 against any individual in violation
of any cabinet administrative regulation pertaining to radon measurement,
mitigation, or laboratory analysis.
Section
9. Incorporation by Reference.
(1)"DFS-375, Application for Registration for
Radon Contractors and Laboratories", 7/2020, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621,
Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.090(3),
211.9109,
211.9111,
211.9115,
211.9121,
211.9125,
211.9135(3)
