Current through all regulations passed and filed through September 16, 2024
(A)
To apply for a license as a radon mitigation
contractor, a person shall submit to the director an application on a form
prescribed and provided by the director, which shall include but shall not be
limited to the following information:
(1)
Name and address
of applicant;
(2)
Federal tax identification number;
(3)
Contact
information;
(4)
Type of business structure and proof that the business
name is registered with the Ohio secretary of state;
(5)
Name of the
chief executive officer, partners, or sole proprietor;
(6)
Name of the
licensed radon mitigation specialist who will be responsible for the company's
radon mitigation contractor license;
(7)
Federal tax
identification number of the licensed radon mitigation specialist who will be
responsible for the company's radon mitigation contractor license;
(8)
Contact information for the licensed radon mitigation specialist who will be
responsible for the company's radon mitigation contractor license;
(9)
License numbers and names of licensed radon testers and mitigation specialists
employed by radon mitigation contractor;
(10)
Names and
credentials of persons conducting worker training;
(11)
Description of
any of the following matters to which the applicant or an affiliated,
associated, or related person was a party:
(a)
Any radon
mitigation or radon testing projects which were terminated prior to
completion;
(b)
Any penalties, citations, or administrative orders or
actions pertaining to radon mitigation or radon testing; and
(c)
Any lawsuits
pertaining to radon mitigation or radon testing. Copies of initial pleadings
and final orders shall be attached to the application;
(12)
The
basic quality assurance and quality control procedures as described in
paragraph (A)(5)(a) of rule
3701-69-06 of the Administrative
Code that will be utilized to assure the reliability and validity of radon
measurements;
(13)
The basic quality assurance and quality control
procedures as described under paragraph (A)(5)(b) of rule
3701-69-06 of the Administrative
Code, to be utilized to ensure effective radon mitigation and protect the
public from unnecessary exposure to radiation;
(14)
The
radiological safety plan designed to keep each employee's exposure to radon as
low as reasonably achievable. This plan shall include both administrative and
operational aspects of the safety program and a listing of safety-related
equipment to be provided to workers;
(15)
Type,
manufacturer, serial number and model number of all instrumentation to be used
in radon measurement. If the applicant will use devices requiring subsequent
laboratory analysis, the applicant shall list the name and address of the radon
laboratory providing the analysis and its approval number issued under rule
3701-69-12 of the Administrative
Code;
(16)
The frequency of instrument calibration, the name of
the provider of instrument calibration and most recent proof of calibration.
The provider of instrument calibration shall be approved by the manufacturer of
the instrument or the director;
(17)
A copy of the
radon mitigation contract to be used. No licensed radon tester, licensed
mitigation specialist, or licensed mitigation contractor involved in the
testing of a particular building, or in the provision of advice with respect to
a particular building, shall be involved in the performance of mitigation on
that building unless the contract for mitigation is in writing and clearly and
conspicuously states both of the following:
(a)
That the radon
tester, mitigation specialist, or mitigation contractor was involved in the
testing or provision of advice that led to the mitigation contract; and
(b)
The
advantages of long-term testing and the value of a second opinion as ways to
verify test results and to assure that the proposed mitigation is appropriate,
especially when the mitigation is to be performed by the business entity or
private entity that was involved in the testing or provision of advice that led
to the mitigation contract.
(B)
Each radon
mitigation contractor license issued under this chapter is nontransferable and
shall expire two years after the date of issuance. A licensee may apply for
renewal of a radon mitigation contractor by doing all of the following:
(1)
Submitting an
application for renewal, which shall include the licensee's license number and
the information required by paragraph (A) of this rule. The application shall
be submitted no less than ninety days before the expiration of the existing
license;
(2)
Submitting documentation that demonstrates successful
completion by the mitigation contractor's employees of the basic mitigation
training required by paragraph (A)(13) of rule
3701-69-09 of the Administrative
Code.
(C)
An application for a radon mitigation contractor
license or renewal of a radon mitigation contractor license shall be
accompanied by electronic payment of the nonrefundable biennial license fee or
a check or money order payable to the "Treasurer, State of Ohio" in the amount
of eight hundred dollars.
(D)
The director may
make a written request for the applicant to provide additional information the
director determines to be necessary to assess compliance with the criteria,
standards, and requirements established by this chapter. The application shall
not be considered complete until the director has received the proper fee and
any requested additional information.
(1)
The applicant
shall submit any additional information requested in writing by the director so
that it is received in writing by the director within thirty business days of
the receipt date of the director's written request.
(2)
If the
application is still incomplete, the director may make further requests for
information.
(3)
If applicant fails to respond to the director's
written requests for further information or the applicant is not responsive to
the director's requests within sixty business days, the application will be
denied.
(E)
Notwithstanding paragraphs (A) and (B) of this rule,
the director shall issue a radon mitigation contractor license, on request, to
the holder of a radon mitigation specialist license if the individual license
holder is the sole owner or chief stockholder of a business entity for which he
or she 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 paragraph
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
paragraph.
Replaces: part of 3701-69-03
