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 March 18, 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.
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