Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-69 - Radon Testing
Section 3701-69-08 - Standards of conduct for radon mitigation specialists
Universal Citation: OH Admin Code 3701-69-08
Current through all regulations passed and filed through September 16, 2024
(A) A licensed radon mitigation specialist shall do all of the following:
(1)
Operate in accordance with his or her approved license
application;
(2)
Request, in writing, the director's approval before
implementing any change which would render the following submitted information
no longer accurate:
(a)
The basic quality assurance and quality control
procedures as described in rule
3701-69-07 of the Administrative
Code that will be utilized to assure the reliability and validity of radon
measurements;
(b)
The applicant's quality assurance and quality control
procedures for radon mitigation containing the elements of the Ohio radon
mitigation standards as set forth in the appendix to this rule;
(c)
The
radiological safety plan designed to keep each employee's exposure to radon as
low as reasonably achievable;
(d)
The 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;
(e)
The frequency and method of calibration of
instruments; and
(f)
The federal tax identification number;
(3)
The licensee shall notify the director in writing
within thirty days of any changes to the following:
(a)
Name and address
of applicant;
(b)
Name and address of business or company;
(c)
Change in contact information;
(d)
Description of
any of the following matters to which the applicant or an affiliated,
associated, or related person was a party:
(i)
Any radon
mitigation or radon testing projects which were terminated prior to
completion;
(ii)
Any penalties, citations, or administrative orders or
actions pertaining to radon mitigation or radon testing; and
(iii)
Any lawsuits
pertaining to radon mitigation or radon testing. Copies of initial pleadings
and final orders shall be attached to the application; and
(e)
Any
other changes that would render the information in the application for
licensure or renewal no longer accurate;
(4)
Use only the
services of a radon laboratory that has been approved by the director under
rule 3701-69-12 of the Administrative
Code to analyze samples for the presence and concentration of radon;
(5)
During each two-year licensing period, successfully complete at least sixteen
hours of the continuing education of which eight hours must be specific to
radon mitigation that the director has approved for continuing education credit
under rule
3701-69-11 of the Administrative
Code;
(6)
If the licensee does not complete the required
continuing education prior to the expiration of their license, the licensee
will not be eligible to renew their license. The licensee will be required to
submit an initial application and meet the requirements of rule
3701-69-04 of the Administrative
Code. Education and examinations completed during a previous licensing period
cannot be submitted as proof of meeting the education and examination
requirements of rule
3701-69-04 of the Administrative
Code;
(7)
Maintain radon measurement device calibration records
for a minimum of five years. These records shall be made available to the
director upon request and shall consist of, but not be limited to:
(a)
Manufacturer of
the calibrated device;
(b)
Model number of the calibrated device;
(c)
Serial number of calibrated device;
(d)
Date of
instrument calibration;
(e)
Name of calibration facility; and
(f)
Method of
instrument calibration;
(8)
Maintain proof
of valid license issued under this chapter at all times while at project
sites;
(9)
Maintain records of each test performed and make these
records available to the director upon request. These records shall be
maintained for at least five years and, at a minimum shall include all the
information outlined in appendices A and B to rule
3701-69-07 of the Administrative
Code;
(10)
Accurately, truthfully, and competently perform and
complete radon mitigation projects, reports, and site evaluations;
(11)
Afford the director the opportunity to inspect any radon mitigation project;
and
(12)
Maintain records of each radon mitigation project that
the specialist supervised or performed and make these records available to the
director upon request. These records shall be maintained for at least five
years and, at a minimum, shall include all the information outlined in the
appendix to rule
3701-69-08 of the Administrative
Code.
(B) 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:
(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; and
(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 business entity or private entity
that was involved in the testing or provision of advice that led to the
mitigation contract.
Replaces: 3701-69-05
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
