RADON – Certification Starts July 1, 2015 – Laws & Regs

902 KAR 95:040. Radon Contractor Certification Program.

 

1. RELATES TO: KRS 211.9101 – 211.9135

STATUTORY AUTHORITY: KRS 211.9109, 211.9111, 211.9115, 211.9121, 211.9135(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 211.9135(1) and (2) require the Cabinet for Health and Family Services to be the regulatory agency for the control of radon and radon activities in the Commonwealth of Kentucky, including laboratory analysis, mitigation, and measurements. 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 general requirements for the certification of individuals who perform radon measurement, radon mitigation, or laboratory analysis.
Section 1. Definitions. (1) “AARST” means the American Association of Radon Scientists and Technologists.
(2) “ANSI” means the American National Standards Institute.
(3) “ANSI-AARST” means those standard operating procedures or practices developed and maintained by the AARST Consortium on National Radon Standards for radon measurement, mitigation, or laboratory analysis.
(4) “Commercial building” is defined by KRS 211.9101(7).
(5) “EPA” means the Environmental Protection Agency.
(6) “Mitigation system” is defined by KRS 211.9101(21).
(7) “Multi-family housing” means a commercial building with attached family dwellings that:
(a) Are occupied by residents who are primarily permanent in nature;
(b) Are greater than four (4) units or three (3) stories in height; and
(c) Contain an independent heating, ventilation, and air conditioning (HVAC) system.
(8) “NRPP” means the National Radon Proficiency Program.
(9) “NRSB” means the National Radon Safety Board.
(10) “Picocuries per liter” or “pCi/L” means a unit of radioactivity corresponding to one (1) decay every twenty-seven (27) seconds in a volume of one (1) liter, or 0.037 decays per second in every liter of air.
(11) “Residential building” is defined by KRS 211.9101(28).
Section 2. Certification Requirements. (1) A person shall be eligible to be certified as a radon measurement contractor or a radon mitigation contractor if the individual:
(a) Submits to the cabinet:
1. An application on cabinet Form DFS-375, Application for Certification for Radon Contractors and Laboratories;
2. A two (2) inch by two (2) inch passport photo;
3. Verification of completion of an AARST-NRPP or NRSB course and exam;
4. The fees established in Section 3 of this administrative regulation;
5. A quality assurance plan that meets the requirements in Section 4(1) and (2) of this administrative regulation; and
6. Evidence of financial responsibility in accordance with KRS 211.9109(1)(f); and
(b) Adheres to the requirements established in KRS 211.9123 if the individual is a non-resident of Kentucky.
(2) A radon laboratory shall be eligible for certification if the entity:
(a) Employs a minimum of one (1) individual who is a Kentucky certified radon measurement contractor;
(b) Submits to the cabinet:
1. An application on cabinet form DFS-375, Application for Certification for Radon Contractors and Laboratories;
2. The fees established in Section 3 of this administrative regulation; and
3. A quality assurance plan as established in Section 4 of this administrative regulation; and
(c) Adheres to the requirements established in KRS 211.9123 if the entity is a non-resident analytical laboratory that is seeking reciprocity.
(3) A contractor with a dual certification as a radon measurement contractor and a radon mitigation contractor shall:
(a) Maintain a separate license for each discipline; and
(b) Adhere to the limitations in KRS 211.9117(1) and (2).
(4) Only radon measurements performed by a certified radon measurement contractor shall be reported or disclosed to another party.
(5) A certified radon measurement contractor working exclusively for a radon laboratory shall not be required to meet the insurance and quality assurance requirements outlined in subsection (1) of this section.
Section 3. Schedule of Fees. (1) The fees required by subsection (2) of this section shall be:
(a) Nonrefundable; and
(b) Submitted with an application for initial certification or certification renewal.
(2)(a) The fee for initial certification shall be $250.
(b) The annual renewal fee shall be $250.
(c) The fee for a duplicate certificate shall be twenty (20) dollars.
(d) The fee for late renewal shall be $100.
Section 4. Quality Assurance Plan and Standard Operating Procedures. (1) A person certified as a measurement contractor shall submit for cabinet approval a quality control program plan that includes:
(a) A quality statement committing to provide quality work;
(b) A description of the management and structure of the organization;
(c) A listing of personnel and personnel qualifications and training;
(d) A description of types of radon measurements performed and other related services offered;
(e) A description of measurement types and devices the measurement contractor will utilize in conducting measurements;
(f) A list of equipment serial numbers, model numbers, and calibration records used in performing analytical analysis;
(g) A list of manufacturers and test types used while conducting measurement for laboratory analysis;
(h) A worker protection program that includes the methods utilized to minimize or reduce the amount of radon or radon progeny exposures in the work area;
(i) Procedures for procuring and storing measurement devices and materials;
(j) Procedures for maintaining documents and records;
(k) Procedures for calibrating and testing instruments;
(l) A corrective action program;
(m) Examples of forms, reports, and correspondence used in communications;
(n) A description of the quality assurance measures including the:
1. Evaluation criteria; and
2. Frequency of the evaluations;
(o) A statement of compliance with ANSI-AARST standard operating procedures; and
(p) The location where records are retained in accordance with KRS 211.9131(3).
(2) A person certified as a radon mitigation contractor shall submit to the cabinet a quality control program plan that includes:
(a) A quality statement committing to provide quality work;
(b) A description of the management and structure of the organization;
(c) A listing of personnel and personnel qualifications and training;
(d) A description of all types of radon mitigation methods performed and other related services offered;
(e) A description of diagnostic testing methods utilized in designing mitigation systems;
(f) A worker protection program that includes the methods utilized to minimize or reduce the amount of radon or radon progeny exposures in the work area;
(g) Procedures for maintaining documents and records;
(h) Procedures for calibrating and testing instruments;
(i) A corrective action program;
(k) Examples of forms, reports, and correspondence used in communications;
(l) A description of the quality assurance measures including the:
1. Evaluation criteria; and
2. Frequency of the evaluations; and
(m) A statement of compliance with ANSI-AARST standard operating procedures.
(3) A person certified as a radon measurement contractor shall conduct measurements in accordance with the following standard operating procedures and quality assurance protocols:
(a) Residential building measurement: ANSI-AARST Protocols for Radon Measurements in Homes (MAH 2005);
(b) Multi-family building measurement: ANSI-AARST Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings (MAMF-2012); and
(c) Quality assurance protocols: EPA Protocols for Radon and Radon Decay Product Measurements in Homes (EPA 402-R-92-003).
(4) A person certified as a radon mitigation contractor shall conduct mitigations in accordance with the following standards:
(a) Residential building active mitigation: ANSI-AARST Active Soil Depressurization Radon Mitigation Standards (ASD RMS) for Low Rise Residential Buildings;
(b) Multi-family active mitigation: ANSI-AARST Radon Mitigation Standards for Multifamily Buildings (RMS-MF(PS)-2013); and
(c) Residential building passive mitigation: ANSI-AARST Reducing Radon in New Construction of 1&2 Family Dwellings and Townhouses (CCAH-2013).
(5) All mitigation systems shall:
(a) Be designed to reduce a radon concentration in each area within the footprint of the building as low as reasonably achievable (ALARA); and
(b) Achieve a radon level below the Environmental Protection Agency’s action level of four and zero-tenths (4.0) picocuries per liter for all post mitigation testing.
(6) Failure to achieve a reduction below the EPA’s action level of four and zero-tenths (4.0) picocuries per liter shall require additional radon mitigation and testing until the level is achieved.
(7) Upon modification to a component of the quality assurance program plan, the radon measurement or mitigation contractor shall resubmit the plan for approval by the cabinet prior to implementation of the modifications.
Section 5. Training and Continuing Education Requirements. (1) Continuing Education.
(a) Measurement contractors shall acquire eight (8) hours of continuing education credits per year.
(b) Mitigation contractors shall acquire eight (8) hours of continuing education credits per year.
(c) A certified person shall be responsible for submitting proof of continuing education in accordance with KRS 211.9109, 211.911, 211.9115, or 211.9127.
(d) A person dually certified as a radon measurement and mitigation contractor shall acquire sixteen (16) hours of continuing educational credits per year.
(e) Continuing education units shall be obtained from NRPP or NRSB approved courses.
(2) Certification Courses.
(a) Measurement contractor certification courses shall be a minimum of sixteen (16) hours of supervised instruction.
(b) Mitigation contractor certification courses shall be:
1. A minimum of sixteen (16) hours of supervised instruction; and
2. Include an additional four (4) hours of hands-on field work at a mitigation site.
(c) Measurement and mitigation contractors shall obtain an additional one (1) hour of course content on the requirements of this administrative regulation and KRS 211.9101 through 211.9135.
Section 6. Renewal of Certification. (1) Each annual certification shall expire on June 30.
(2) A person seeking renewal of certification shall:
(a) Meet the requirements in accordance with Section 2 of this administrative regulation; and
(b) Submit to the cabinet:
1. A renewal application on cabinet Form DFS-375, Application for Certification for Radon Contractors and Laboratories, a minimum of thirty (30) calendar days prior to certification expiration. Form DFS-375 shall be deemed submitted on the date that it is received by the cabinet;
2. The fees established in Section 3 of this administrative regulation;
3. Proof of fulfillment of continuing education requirements as established in Section 5 of this administrative regulation;
4. An updated quality assurance plan that meets the requirements in Section 4 of this administrative regulation; and
5. Evidence of financial responsibility in accordance with KRS 211.9109(1)(f).
(3) Certifications not renewed within thirty (30) days after the renewal date shall pay a late renewal fee as established in Section 3 of this administrative regulation.
(4) Certifications not renewed within ninety (90) days after the renewal date shall lapse and may only be reinstated in accordance with KRS 211.9121(3).
Section 7. Termination of Certification and Inactive Certification. (1) A certified radon measurement contractor or radon mitigation contractor shall be responsible for notifying the cabinet in writing upon electing to terminate certification.
(2) A person previously certified by the cabinet and not engaged in radon measurement or mitigation in the Commonwealth but desiring to maintain certification may request and be granted inactive status.
(a) If inactive status is granted, the person shall:
1. Pay the certification fee established in Section 3 of this administrative regulation; and
2. Be exempt from continuing education requirements.
(b) A certified radon contractor on inactive status may petition the cabinet for renewal of active certification. If a certified radon contractor on inactive status wishes to renew active certification, the petitioner shall meet the requirements of this administrative regulation.
Section 8. Certification Denial, Suspension, or Revocation. Certifications shall be subject to denial, suspension, or revocation in accordance with KRS 211.9125.
Section 9. Reporting Requirements. (1) A person, business entity, or analytical laboratory shall submit a report to the cabinet on a quarterly basis after a:
(a) Radon or radon progeny test;
(b) Radon mitigation activity;
(c) Modification to any component of the radon contractor’s quality assurance program plan; or
(d) Request from the cabinet.
(2) The report shall include the:
(a) Zip code of location of the building;
(b) Name and telephone number of the owner or owners of the building where the radon testing or mitigation activities were conducted; and
(c) Results of any tests performed.
(3) The results for each measurement conducted shall include the:
(a) Method used for radon or radon decay product testing;
(b) Conditions under which the test or tests were conducted;
(c) Location or locations within the building where the test or tests were conducted;
(d) Results of the test or tests in picocuries per liter (pCi/L) of radon gas;
(e) Date on which the test or tests were conducted; and
(f) Purpose of the test or tests.
(4) The mitigation report shall include the:
(a) Type of structure mitigated;
(b) Type of mitigation system installed;
(c) Location of mitigation system within the structure;
(d) Post-mitigation measurements;
(e) Floor plan of the structure with the location of a mitigation system; and
(f) Diagnostic and communication testing.
Section 10. Administrative Hearings. Persons, business entities, and analytical laboratories shall be afforded an opportunity for an administrative hearing in accordance with KRS Chapter 13B.
Section 11. 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 12. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) Form “DFS-375, Application for Certification for Radon Contractors and Laboratories”, 9/2012;
(b) “Protocols for Radon Measurements in Homes (MAH 2005)”, 9/2005;
(c) “Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings (MAMF-2012)”, 2012;
(d) “Protocols for Radon and Radon Decay Products Measurements in Homes (EPA 402-R-92-003)”, 5/1993;
(e) “Active Soil Depressurization Radon Mitigation Standards (ASD RMS) for Low Rise Residential Buildings”, 6/2006;
(f) “Radon Mitigation Standards for Multifamily Buildings (RMS-MF(PS)-2013)”, 2013; and
(g) “Reducing Radon in New Construction of 1&2 Family Dwellings and Townhouses (CCAH-2013)”, 12/2013.
(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 40602, Monday through Friday, 8 a.m. to 4:30 p.m. (41 Ky.R. 219; Am. 469; eff. 9-17-2014.)

http://www.lrc.ky.gov/kar/902/095/040.htm

Radon Laws

 

Certification requiredhttp://www.lrc.ky.gov/Statutes/statute.aspx?id=39799

 

 

Rn Measurement Certificationhttp://www.lrc.ky.gov/Statutes/statute.aspx?id=42260

 

 

Rn Mitigation Certificationhttp://www.lrc.ky.gov/Statutes/statute.aspx?id=42261

 

 

Insurance requiredhttp://www.lrc.ky.gov/Statutes/statute.aspx?id=42262

 

 

Mitigators Cannot Test for Needhttp://www.lrc.ky.gov/Statutes/statute.aspx?id=42263

 

Kentucky Revised Statutes

Title 18. PUBLIC HEALTH (§§ 210.005 – 224A.314)
Chapter 211. STATE HEALTH PROGRAMS (§§ 211.005 – 211.995)
Radon Measurement, Mitigation, Laboratory Analysis, and Quality Control (§§ 211.9101 – 211.9135)

Current through 2014 Ky. Acts ch. 142
The statutes and administrative regulations provided here are an unofficial posting of the Kentucky Administrative Regulations Service as maintained in the official internal administrative regulations database of the Kentucky Legislative Research Commission (“LRC”). Pursuant to KRS 13A.050(1), the LRC Kentucky Administrative Regulations Service shall constitute the official state publication of administrative regulations. These copies are provided for educational purposes and are not a substitute for the official publication for adjudication and like legal purposes.

KRS 211.9101. Definitions for KRS 211.9101 to 211.9135

As used in KRS 211.9101 to 211.9135 , unless the context requires otherwise:

(1) “Alter” means to change or modify a building or building design, or to revise, rather than repair, a mitigation system or mitigation system design;
(2) “Analytical analysis” means the act of analyzing the radon or radon progeny concentrations with active measurement devices;
(3) “Applicant” means a radon laboratory or a person who applies for certification as a radon measurement contractor or radon mitigation contractor;
(4) “Building” means any structure used or intended to be used for supporting or sheltering any use or occupancy;
(5) “Cabinet” means Cabinet for Health and Family Services;
(6) “Certified” means meeting the requirements of KRS 211.9109 , 211.9111 , or 211.9115 in order to perform radon measurement, radon mitigation, or radon laboratory analysis;
(7) “Commercial building” means any building other than a residential building, including those buildings intended for public purposes;
(8) “Commissioner” means the commissioner of the Department for Public Health;
(9) “Committee” means the Kentucky Radon Program Advisory Committee;
(10) “Compensation” means something of value given or received in exchange for radon measurement, radon mitigation, or laboratory analysis;
(11) “Contractor” means a person or business entity that provides goods or services to another person under the terms specified in a contract or verbal agreement, and who is not an agent or employee of that person;
(12) “Direct supervision” means constant onsite supervision by a certified person;
(13) “General supervision” means intermittent onsite supervision by a certified person who accepts responsibility for ensuring compliance by his or her employees or subcontractors with all applicable requirements under KRS 211.9101 to 211.9135 ;
(14) “Government agency” means the Commonwealth of Kentucky, a state agency, a political subdivision, or any entity of local government;
(15) “Laboratory analysis” means the act of analyzing the radon or radon progeny concentrations with passive measurement devices, or the act of calibrating radon or radon progeny measurement devices, or the act of exposing radon or radon progeny devices to controlled concentrations of radon or radon progeny;
(16) “Measurement” means the act of testing the air, water, or soil using an active or passive measurement device for the presence of radon or radon progeny in the indoor environment of a building;
(17) “Measurement device” means any cabinet-approved active or passive device used for the measurement of radon or radon progeny in air, water, or soil in the indoor environment of a building;
(18) “Measurement contractor” means a person who meets the requirements of KRS 211.9109 and is certified by the cabinet to conduct radon measurement for compensation;
(19) “Mitigation” means the act of installing, repairing, or altering an active or passive system, for the purpose in whole or in part of reducing the concentration of radon or radon progeny in the indoor environment of a building;
(20) “Mitigation contractor” means a person who meets the requirements of KRS 211.9111 and is certified by the cabinet to conduct radon mitigation for compensation;
(21) “Mitigation system” means any active or passive system designed to reduce radon concentrations in the indoor environment of a building;
(22) “Person” has the same meaning as in KRS 446.010 ;
(23) “Radon” means a naturally occurring radioactive element that exists as a colorless, odorless, and tasteless inert gas;
(24) “Radon decay products” means the four (4) short-lived radioactive elements polonium (Po-218), lead (Pb-214), bismuth (Bi-214), and polonium (Po-214) which exist as solids and immediately follow radon (Rn-222) in the decay chain;
(25) “Radon laboratory” means a business entity that meets the requirements of KRS 211.9115 and is certified by the cabinet to conduct laboratory analysis for compensation;
(26) “Radon progeny” means any combination of the radioactive decay products of radon;
(27) “Research” means cabinet-approved scientific investigation that includes radon measurement, radon mitigation, or laboratory analysis;
(28) “Residential building” means detached one (1) to four (4) family dwellings not more than three (3) stories in height where occupants are primarily permanent in nature; and
(29) “Standard operating procedure” means a written document that describes in detail commonly accepted methods for the performance of certain tasks.
Cite as KRS 211.9101

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 1, effective June 8, 2011.

KRS 211.9103. Creation of Kentucky Radon Program Advisory Committee -Qualifications of members – Terms – Vacancies – Quorum – Officers

(1) The Kentucky Radon Program Advisory Committee is hereby created and shall be attached to the Cabinet for Health and Family Services for administrative purposes. Each member of the committee shall be a citizen and resident of the Commonwealth of Kentucky. The committee shall consist of nine (9) members as follows:
(a) Four (4) members shall be either a radon measurement contractor, a radon mitigation contractor, or a person associated with a radon laboratory conducting laboratory analysis and shall be appointed by the Governor from a list of six (6) names submitted to the Governor by the Kentucky Association of Radon Professionals;
(b) One (1) member shall be a representative of the home building industry and shall be appointed by the Governor from a list of three (3) names submitted to the Governor by the Home Builders Association of Kentucky;
(c) One (1) member shall be a real estate salesperson or broker licensed under KRS Chapter 324 and shall be appointed by the Governor from a list of three (3) names submitted to the Governor by the Kentucky Association of Realtors;
(d) One (1) member shall be a representative of a public health organization and shall be appointed by the Governor from a list of three (3) names submitted to the Governor by the Kentucky Cancer Consortium;
(e) One (1) member shall be the commissioner of the Department for Public Health, Cabinet for Health and Family Services, or his or her designee; and
(f) One (1) member shall be a citizen at large appointed by the Governor who shall represent the public and shall not be associated with or financially interested in the practice of radon measurement, mitigation, or laboratory analysis.
(2)
(a) To be eligible for initial appointment as a member of the committee under subsection (1)(a) of this section, a person shall have been actively engaged in the practice of radon measurement, mitigation, or laboratory analysis for not less than three (3) years immediately preceding the date of appointment to the committee.
(b) Upon expiration of the initial appointments, to be eligible for appointment as a member of the committee under subsection (1)(a) of this section, a person shall have been actively engaged in the practice of radon measurement, mitigation, or laboratory analysis for not less than three (3) years immediately preceding the date of the appointment to the committee and hold a valid certification as a radon measurement contractor or radon mitigation contractor, or be associated with a radon laboratory with a valid certification.
(3) Except for the commissioner, who shall serve as long as he or she holds his or her appointment as commissioner, the Governor shall initially appoint two (2) members for a term of four (4) years, two (2) members for a term of three (3) years, two (2) members for a term of two (2) years, and two (2) members for a term of one (1) year. All appointments shall expire on June 30 of the last year of the terms. Thereafter, members shall be appointed for terms of four (4) years. No person shall serve more than two (2) consecutive terms. Members shall serve until their successors are appointed.
(4) Upon recommendation of the committee, the Governor may remove any member of the committee appointed by the Governor for poor attendance, neglect of duty, misfeasance, or malfeasance in office.
(5) Vacancies in the membership of the committee for any cause shall be filled by appointment by the Governor for the balance of the unexpired term.
(6) A majority of the committee shall constitute a quorum to do business. The committee shall meet at least once each calendar quarter in a location designated by the chairperson. The committee may meet upon special call by the chairperson or a majority of the committee.
(7) The committee shall elect a chairperson and a vice chairperson. The chairperson shall preside at all meetings at which the chairperson is present. The vice chairperson shall preside at all meetings in the absence of the chairperson.
(8) If the chairperson and vice chairperson are absent from a meeting of the committee when a quorum exists, the members who are present may elect a presiding officer who shall serve as acting chairperson until the conclusion of the meeting or until the arrival of the chairperson or vice chairperson.
Cite as KRS 211.9103

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 2, effective June 8, 2011.

KRS 211.9105. Powers and responsibilities of Radon Program Advisory Committee

The committee shall:

(1) Advise the cabinet with the review, development, and maintenance of standard operating procedures for radon measurement, radon mitigation, laboratory analysis, and quality control;
(2) Advise the cabinet with preparing an annual budget for the use of moneys received by the cabinet from the collection of fees and fines, receipt of grants, and all other radon-related activities;
(3) Review and comment on relevant administrative regulations that are promulgated pursuant to KRS 211.9101 to 211.9135 and make recommendations to and otherwise advise the cabinet on these matters;
(4) Keep minutes of committee meetings and a record of all proceedings;
(5) Make recommendations to the cabinet provided that the final determination rests with the cabinet;
(6) Hold the first meeting of the committee no later than October 1, 2011, to be convened by the commissioner; and
(7) Perform any other duties and responsibilities relating to the topic of radon that may be assigned by the cabinet.
Cite as KRS 211.9105

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 3, effective June 8, 2011.

KRS 211.9107. Prohibition against conduct of radon measurement, mitigation, or laboratory analysis without certification – Exceptions

No person or business entity shall conduct radon measurement, mitigation, or laboratory analysis in this Commonwealth after January 1, 2013, without the appropriate certification pursuant to KRS 211.9101 to 211.9135 . No person or business entity shall advertise or claim to be a “certified measurement contractor,” “certified mitigation contractor,” or “certified radon laboratory,” unless certified pursuant to KRS 211.9101 to 211.9135 . Certification requirements under KRS 211.9101 to 211.9135 shall apply to a radon measurement contractor, radon mitigation contractor, or radon laboratory, but shall not apply to:

(1) A person performing measurement or mitigation on a single-family residential building that he or she owns and occupies;
(2) A person performing measurement on a residential or commercial building that he or she owns;
(3) An apprentice in the process of learning radon measurement, mitigation, or laboratory analysis who assists and is under the general supervision of a measurement or mitigation contractor;
(4) An agent of the federal, state, or local government agency acting within an official capacity who shall make payment of certification fees but who shall not otherwise be required to comply with KRS 211.9101 to 211.9135 ;
(5) A person performing measurement or mitigation as part of a scientific research project approved by the cabinet;
(6) A retail store or any other organization that sells or distributes radon measurement devices and is not engaged in a relationship with the client for other services, such as home inspection or real estate brokerage, and that does not conduct measurement, mitigation, or laboratory analysis; or
(7) A person performing measurement or mitigation as part of radon training approved by the cabinet.
Cite as KRS 211.9107

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 4, effective June 8, 2011.

KRS 211.9109. Certification as radon measurement contractor – Renewal of certification – Fees – Duties of measurement contractor

(1) The cabinet shall issue a certification as a radon measurement contractor to any person who:
(a) Submits a complete and accurate application for certification on a form prescribed by the cabinet through promulgation of an administrative regulation;
(b) Pays the certification fee established by the cabinet through promulgation of an administrative regulation within the following restrictions:
1. An initial certification fee shall not exceed two hundred fifty dollars ($250);
2. An annual renewal fee shall not exceed two hundred fifty dollars ($250);
3. A duplicate certificate fee shall not exceed twenty dollars ($20); and
4. A late renewal fee shall not exceed one hundred dollars ($100);
(c) Provides the cabinet with documentation of successful completion of a cabinet-approved radon measurement course and exam;
(d) For renewal of certification, provides proof of completion of at least eight (8) hours of continuing education per year;
(e) Submits a quality control program plan that meets the minimum standard operating procedures requirements as established by the cabinet through promulgation of an administrative regulation; and
(f) Furnishes evidence of financial responsibility to the cabinet consisting of aliability insurance policy that satisfies the requirements of KRS 211.9113.
(2) A measurement contractor shall:
(a) Ensure all measurements are conducted in accordance with the measurement standard operating procedures established by the cabinet through promulgation of an administrative regulation;
(b) Maintain a quality control program plan that meets the minimum standard operating procedures requirements established by the cabinet through promulgation of an administrative regulation;
(c) Ensure all measurement activities are conducted under the general supervision of an individual certified to conduct radon measurement;
(d) Use or sell only cabinet-approved devices to conduct radon measurement; and
(e) Ensure all services procured from a radon laboratory are procured from a radon laboratory certified by the cabinet.
Cite as KRS 211.9109

History. Amended by 2013 Ky. Acts ch. TBD, §2, eff. 6/24/2013.

Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 5, effective June 8, 2011.

KRS 211.9111. Certification as mitigation contractor – Renewal of certification – Fees -Duties of mitigation contractor

(1) The cabinet shall issue a certification as a mitigation contractor to any person who:
(a) Submits a complete and accurate application for certification on a form prescribed by the cabinet through promulgation of an administrative regulation;
(b) Pays the certification fee established by the cabinet through promulgation of an administrative regulation within the following restrictions:
1. An initial certification fee shall not exceed two hundred fifty dollars ($250);
2. An annual renewal fee shall not exceed two hundred fifty dollars ($250);
3. A duplicate certificate fee shall not exceed twenty dollars ($20); and
4. A late renewal fee shall not exceed one hundred dollars ($100);
(c) Provides the cabinet with documentation of successful completion of a cabinet-approved radon mitigation course and exam;
(d) For renewal of certification, provides proof of completion of at least eight (8) hours of continuing education credit per year;
(e) Submits a quality control program plan that meets the minimum standard operating procedures requirements established by the cabinet through promulgation of an administrative regulation; and
(f) Furnishes evidence of financial responsibility to the cabinet consisting ofa liability insurance policy that satisfies the requirements of KRS 211.9113.
(2) A mitigation contractor shall:
(a) Ensure all mitigations are conducted in accordance with mitigation standard operating procedures established by an administrative regulation promulgated by the cabinet;
(b) Maintain a quality control program plan that meets the minimum standard operating procedures requirements established by the cabinet through promulgation of an administrative regulation;
(c) Ensure all mitigation activities are conducted under the general supervision of an individual certified to conduct radon mitigation;
(d) Ensure post-mitigation measurement is conducted by a person certified to conduct measurement; and
(e) Ensure all radon mitigation systems repaired or altered on or after January 1, 2013, meet the mitigation standard operating procedures established by an administrative regulation promulgated by the cabinet.
Cite as KRS 211.9111

History. Amended by 2013 Ky. Acts ch. TBD, §3, eff. 6/24/2013.

Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 6, effective June 8, 2011.

KRS 211.9113. Insurance policy required for mitigation and measurement contractors -Maintenance of license and permit bond

Each mitigation or measurement contractor shall maintain an insurance policy that:

(1) Is issued by an insurance company or other legal entity permitted to transact insurance business in the Commonwealth of Kentucky;
(2) Provides for general liability coverage in an amount of at least five hundred thousand dollars ($500,000)that is maintained in effect at all times during the certification period;
(3) Lists the cabinet as a certificate holder of any insurance policy issued undersubsection (1) of this section; and
(4) States that cancellation or nonrenewal of the underlying liability insurance policy is not effective until the cabinet receives at least ten (10) days’ written notice of the cancellation or nonrenewal.
Cite as KRS 211.9113

History. Amended by 2013 Ky. Acts ch. TBD, §4, eff. 6/24/2013.

Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 7, effective June 8, 2011.

KRS 211.9115. Certification as radon laboratory – Renewal of certification – Fees -Requirements for radon laboratory

(1) The cabinet shall issue a certification as a radon laboratory to any person or entity that:
(a) Submits a complete and accurate application for certification on a form prescribed by the cabinet through promulgation of an administrative regulation that includes the name of at least one (1) measurement contractor who is responsible for analytical activities;
(b) Pays the certification fee as established by the cabinet through promulgation of an administrative regulation within the following restrictions:
1. An initial certification fee shall not exceed two hundred fifty dollars ($250);

2. An annual renewal fee shall not exceed two hundred fifty dollars ($250);

3. A duplicate certificate fee shall not exceed twenty dollars ($20); and

4. A late renewal fee shall not exceed one hundred dollars ($100);

(c) Submits a quality control program plan that meets the minimum standard operating procedures requirements established by the cabinet through promulgation of an administrative regulation;
(d) Utilizes only cabinet-approved measurement devices and analytical services, and submits a description of each type of measurement device and analytical service utilized; and
(e) Provides documentation of enrollment and good standing within a cabinet-approved independent laboratory accreditation program for each type of measurement device and analytical service utilized.
(2) A radon laboratory shall:
(a) Employ as a staff member at least one (1) measurement contractor who shall direct the analytical activities of the laboratory;
(b) Ensure all laboratory analysis activities are conducted in accordance with the minimum standard operating procedures requirements established by the cabinet through promulgation of an administrative regulation for each type of measurement device and analytical service utilized; and
(c) Ensure all radon laboratory analyses are conducted in compliance with applicable state and federal regulations.
Cite as KRS 211.9115

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 8, effective June 8, 2011.

KRS 211.9117. Display of certification number – Limitation of activities of persons with dual certifications

(1) Any person certified and given a certification number by the cabinet as a measurement or mitigation contractor shall:
(a) Prominently display his or her certification number on all advertising disseminated, whether directly or indirectly, to the general public, except when advertising pertains to novelty items such as small mass-produced items of minimal value;
(b) Prominently display his or her certification number on all vehicles utilized in advertising, using letters and numbers at least three (3) inches in height. The certification number shall be legible and visible at all times the vehicle is being operated; and
(c) When operating under the name of a business entity, satisfy the requirements of paragraphs (a) and (b) of this subsection by displaying the certification number of the measurement or mitigation contractor, as applicable, employed by the business entity.
(2) A person certified as both a measurement and mitigation contractor who conducts mitigation on a residential or commercial building shall not conduct measurement on that same building to determine the need for mitigation.
Cite as KRS 211.9117

History. Amended by 2013 Ky. Acts ch. TBD, §5, eff. 6/24/2013.

Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 9, effective June 8, 2011.

KRS 211.9119. When business entity may engage in business of radon measurement, mitigation, or laboratory analysis

A business entity may engage in the business of radon measurement, mitigation, or laboratory analysis if the owner or an employee associated with the business entity is certified as a measurement or mitigation contractor, or radon laboratory as applicable. A measurement or mitigation contractor directly in charge of measurement or mitigation activities within the business entity shall notify the cabinet in writing immediately upon termination of a relationship with the business entity.

Cite as KRS 211.9119

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 10, effective June 8, 2011.

KRS 211.9121. Annual renewal of certificates – Procedure – Lapse – Duty to report change of information – Administrative regulations for establishing inactive certification status

(1) A person seeking annual renewal of certification shall pay the renewal fee not to exceed two hundred fifty dollars ($250) as promulgated by the cabinet in an administrative regulation and shall submit an application for renewal on a form prescribed by the cabinet. An application for renewal is deemed filed on the date that it is received by the cabinet.
(2) Certificates not renewed within thirty (30) days after the renewal date shall pay a late renewal fee not to exceed one hundred dollars ($100) as promulgated by the cabinet in administrative regulation.
(3) Certificates not renewed within ninety (90) days of the renewal date shall lapse and may only be reinstated upon payment of a late renewal fee and initial certificate fee as promulgated by the cabinet in an administrative regulation and providing proof of insuranceas required under KRS 211.9113.
(4) A certified person shall report any change of information submitted in applying for certification in writing to the cabinet within ten (10) days of such change taking place. The cabinet shall not be responsible for a certified person not receiving notices, communications, and other correspondence caused by failure of the certified person to report changes.
(5) The cabinet shall promulgate administrative regulations for establishing an inactive certification status.
Cite as KRS 211.9121

History. Amended by 2013 Ky. Acts ch. TBD, §6, eff. 6/24/2013.

Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 11, effective June 8, 2011.

KRS 211.9123. State certification by reciprocity

A person seeking certification may obtain state certification by reciprocity if:

(1) The applicant holds certification or licensure in another jurisdiction that grants the same privileges to persons certified by the Commonwealth of Kentucky as the Commonwealth of Kentucky grants to persons certified by the other jurisdiction;
(2) The certification or licensure requirements of the other jurisdiction are substantially similar to the requirements of KRS 211.9101 to 211.9135 ; and
(3) The person seeking certification states that he or she has studied, is familiar with, and shall abide by KRS 211.9101 to 211.9135 and the administrative regulations promulgated thereunder by the cabinet.
Cite as KRS 211.9123

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 12, effective June 8, 2011.

KRS 211.9125. Sanctions for misconduct – Cabinet’s powers – Appeals

(1) Subject to an administrative hearing conducted in accordance with KRS Chapter 13B, the cabinet may revoke, suspend, or restrict the certificate of a certificate holder, refuse to issue or renew certification, reprimand, censure, place on probation, or impose a fine not to exceed five hundred dollars ($500) on a person who:
(a) Has been convicted of a felony under the laws of the Commonwealth of any crime that involves theft or dishonesty, or is a sex crime as defined by KRS 17.500 ;
(b) Has had disciplinary action taken against a professional license, certification, registration, or permit held by the person seeking certification;
(c) Engaged in fraud or deceit in obtaining certification;
(d) Attempts to transfer the authority granted by the certificate to another person;
(e) Disregards or violates the building codes, electrical codes, or related laws of this Commonwealth or ordinances of any city, county, urban-county government, consolidated local government, charter county government, or unified local government;
(f) Aids or abets any person attempting to evade the provisions of KRS 211.9101 to 211.9135 or the administrative regulations promulgated thereunder by the cabinet;
(g) Uses unfair or deceptive trade practices; or
(h) Knowingly violates any of the provisions of KRS 211.9101 to 211.9135 or any administrative regulation promulgated thereunder by the cabinet pertaining to radon measurement, mitigation, or laboratory analysis.
(2) If an application for certification or renewal of certification is denied, the person seeking certification shall not conduct radon measurement, mitigation, or laboratory analysis within the Commonwealth of Kentucky.
(3) Notwithstanding the existence or pursuit of any other civil or criminal remedy, the cabinet may institute proceedings in the Circuit Court of the county where the person resides for an order enjoining the person from engaging or attempting to engage in activities that violate any provisions of KRS 211.9101 to 211.9135 or any administrative regulation promulgated thereunder by the cabinet pertaining to radon measurement, mitigation, or laboratory analysis.
(4) Any final order of the cabinet may be appealed to the Circuit Court of the county in which the person resides after a written decision is rendered in accordance with KRS Chapter 13B.
Cite as KRS 211.9125

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 13, effective June 8, 2011.

KRS 211.9127. Continuing education requirements for certified persons

The cabinet shall promulgate administrative regulations concerning the continuing education required for renewal of certified persons and shall:

(1) Establish procedures for approving individual courses submitted by a person or entity providing continuing education;
(2) Prescribe the content, duration, and organization of the continuing education courses that contribute to the competence of certified persons; and
(3) Include eight (8) hours of continuing education for measurement contractors and eight (8) hours of continuing education for mitigation contractors per year.
Cite as KRS 211.9127

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 14, effective June 8, 2011.

KRS 211.9129. Cabinet’s powers to examine, inspect, and test – Prohibition upon interfering with inspection

(1) The cabinet may examine records of mitigation contractors, measurement contractors, and radon laboratories, and conduct inspections of mitigation system installations in order to ensure radon mitigation systems are installed in compliance with mitigation standard operating procedures established by the cabinet through promulgation of an administrative regulation.
(2) The cabinet may examine records of measurement contractors, mitigation contractors, and radon laboratories to ensure radon measurements are conducted in compliance with measurement standard operating procedures established by the cabinet through promulgation of an administrative regulation.
(3) The cabinet may test any equipment used for measurement or mitigation, photograph or sketch any portion of a site, building, or equipment involved in measurement or mitigation, or copy any documents or records pertaining to measurement or mitigation.
(4) No person shall use or continue to use, or permit the use or continued use of, any radon mitigation system if an agent or inspector of the cabinet finds that the radon mitigation system was not constructed, installed, or altered in accordance with the mitigation standard operating procedures established by the cabinet through promulgation of an administrative regulation.
(5) For purposes of enforcing KRS 211.9101 to 211.9135 or any administrative regulation promulgated by the cabinet pertaining to radon measurement, mitigation, or laboratory analysis, an agent or inspector of the cabinet shall have the power to enter upon premises at all reasonable times to make an inspection, question all persons, and require the production of radon mitigation system plans, sketches, diagnostic information, and other evidence.
(6) Agents and inspectors of the cabinet shall be empowered to issue a stop order to any owner, agent, or occupant of real property requiring that the radon mitigation system thereon cease operation if that system has been found to be in violation of KRS 211.9101 to 211.9135 or any administrative regulation promulgated thereunder by the cabinet pertaining to radon measurement, mitigation, or laboratory analysis.
(7) A person shall not interfere with an inspection conducted by an agent or inspector of the cabinet.
Cite as KRS 211.9129

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 15, effective June 8, 2011.

KRS 211.9131. Duty to report noncompliance with KRS 211.9101 to 211.9135 – Location and retention of required records

(1) Any certified person shall report to the cabinet the discovery of any apparent noncompliance with any provision of KRS 211.9101 to 211.9135 or any administrative regulation promulgated thereunder by the cabinet pertaining to radon measurement, mitigation, or laboratory analysis.
(2) Records required by this chapter or administrative regulations promulgated under KRS 211.9101 to 211.9135 , including but not limited to records of radon measurement, mitigation, quality control program plans, calibration certifications, laboratory analysis activities, worker health and safety plans, and equipment repairs shall be retained by certificate holders, as applicable, for a minimum period of five (5) years or the length of time of any warranty or guarantee, whichever is greater.
(3) Any measurement or mitigation contractor applying for certification or renewal of certification shall specify, for approval by the cabinet, the location where records required under this section shall be maintained for inspection by the cabinet. This location shall be within the Commonwealth of Kentucky or within fifty (50) miles of the border of the Commonwealth of Kentucky and at the location where the certificate holder who supervises the quality control program plan is located.
Cite as KRS 211.9131

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 16, effective June 8, 2011.

KRS 211.9133. Radon mitigation and control fund

(1) There is created the radon mitigation and control fund as a separate trust and agency fund in the State Treasury, to be administered by the cabinet. All fees, fines, and other moneys received by the cabinet pursuant to KRS 211.9101 to 211.9135 shall be deposited in the fund and shall be used for the implementation of KRS 211.9101 to 211.9135 , and are hereby appropriated for those purposes.
(2) Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year.
(3) Any interest earnings of the fund shall become part of the fund and shall not lapse.
Cite as KRS 211.9133

History. Effective: June 8, 2011
Created 2011, Ky. Acts ch. 74, sec. 17, effective June 8, 2011.

KRS 211.9135. Cabinet’s role as radon control agency for Commonwealth

(1) The Cabinet for Health and Family Services shall be the regulatory agency for the control of radon in the Commonwealth of Kentucky.
(2) The cabinet shall develop and conduct programs for evaluation and control of activities related to radon including laboratory analyses, mitigation, and measurements.
(3) The cabinet shall:
(a) Promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce KRS 211.9101 to 211.9135;
(b) Maintain a list of all certified persons;
(c) Issue certificates and certificate renewals to qualified persons;
(d) Promulgate administrative regulations establishing requirements for:
1. A quality control program plan for certified persons, including what each certified person administering a plan shall submit and maintain; and

2. Mitigation and measurement standard operating procedures;

(e) Promote the control of radon in the Commonwealth;
(f) Design and administer, or participate in the design and administration of educational and research programs to ensure citizens of the Commonwealth are informed about the health risks associated with radon;
(g) Appoint personnel to perform duties and fix their compensation;
(h) Issue subpoenas, administer oaths, examine witnesses, investigate allegations of wrongdoing, and conduct administrative hearings in accordance with KRS Chapter 13B to enforce KRS 211.9101 to 211.9135; and
(i) Collect or receive all fees, fines, and other moneys owed pursuant to KRS 211.9101 to 211.9135, and deposit all those moneys into the radon mitigation and control fund established by KRS 211.9133 .
Cite as KRS 211.9135

History. Effective: June 8, 2011
Amended 2011, Ky. Acts ch. 74, sec. 18, effective June 8, 2011. — Amended 2005, Ky. Acts ch. 99, sec. 381, effective June 20, 2005. — Amended 1998, Ky. Acts ch. 426, sec. 322, effective July 15, 1998. — Created 1992 Ky. Acts ch. 328, sec. 1, effective July 14, 1992.

Note:

Formerly codified as KRS 211.855.

Current through 2014 Ky. Acts ch. 145

Kentucky Administrative Regulations
TITLE 902
CABINET FOR HEALTH AND FAMILY SERVICES
DEPARTMENT FOR PUBLIC HEALTH

Chapter 95 Radon

902 KAR 95:040. Radon Contractor Certification Program.

RELATES TO: KRS 211.9101 – 211.9135
STATUTORY AUTHORITY: KRS 211.9109, 211.9111, 211.9115, 211.9121, 211.9135(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 211.9135(1) and (2) require the Cabinet for Health and Family Services to be the regulatory agency for the control of radon and radon activities in the Commonwealth of Kentucky, including laboratory analysis, mitigation, and measurements. 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 general requirements for the certification of individuals who perform radon measurement, radon mitigation, or laboratory analysis.

Section 1. Definitions. (1) “AARST” means the American Association of Radon Scientists and Technologists.
(2) “ANSI” means the American National Standards Institute.
(3) “ANSI-AARST” means those standard operating procedures or practices developed and maintained by the AARST Consortium on National Radon Standards for radon measurement, mitigation, or laboratory analysis.
(4) “Commercial building” is defined by KRS 211.9101(7).
(5) “EPA” means the Environmental Protection Agency.
(6) “Mitigation system” is defined by KRS 211.9101(21).
(7) “Multi-family housing” means a commercial building with attached family dwellings that:
(a) Are occupied by residents who are primarily permanent in nature;
(b) Are greater than four (4) units or three (3) stories in height; and
(c) Contain an independent heating, ventilation, and air conditioning (HVAC) system.
(8) “NRPP” means the National Radon Proficiency Program.
(9) “NRSB” means the National Radon Safety Board.
(10) “Picocuries per liter” or “pCi/L” means a unit of radioactivity corresponding to one (1) decay every twenty-seven (27) seconds in a volume of one (1) liter, or 0.037 decays per second in every liter of air.
(11) “Residential building” is defined by KRS 211.9101(28).

Section 2. Certification Requirements. (1) A person shall be eligible to be certified as a radon measurement contractor or a radon mitigation contractor if the individual:
(a) Submits to the cabinet:
1. An application on cabinet Form DFS-375, Application for Certification for Radon Contractors and Laboratories;
2. A two (2) inch by two (2) inch passport photo;
3. Verification of completion of an AARST-NRPP or NRSB course and exam;
4. The fees established in Section 3 of this administrative regulation;
5. A quality assurance plan that meets the requirements in Section 4(1) and (2) of this administrative regulation; and
6. Evidence of financial responsibility in accordance with KRS 211.9109(1)(f); and
(b) Adheres to the requirements established in KRS 211.9123 if the individual is a non-resident of Kentucky.
(2) A radon laboratory shall be eligible for certification if the entity:
(a) Employs a minimum of one (1) individual who is a Kentucky certified radon measurement contractor;
(b) Submits to the cabinet:
1. An application on cabinet form DFS-375, Application for Certification for Radon Contractors and Laboratories;
2. The fees established in Section 3 of this administrative regulation; and
3. A quality assurance plan as established in Section 4 of this administrative regulation; and
(c) Adheres to the requirements established in KRS 211.9123 if the entity is a non-resident analytical laboratory that is seeking reciprocity.
(3) A contractor with a dual certification as a radon measurement contractor and a radon mitigation contractor shall:
(a) Maintain a separate license for each discipline; and
(b) Adhere to the limitations in KRS 211.9117(1) and (2).
(4) Only radon measurements performed by a certified radon measurement contractor shall be reported or disclosed to another party.
(5) A certified radon measurement contractor working exclusively for a radon laboratory shall not be required to meet the insurance and quality assurance requirements outlined in subsection (1) of this section.

Section 3. Schedule of Fees. (1) The fees required by subsection (2) of this section shall be:
(a) Nonrefundable; and
(b) Submitted with an application for initial certification or certification renewal.
(2)(a) The fee for initial certification shall be $250.
(b) The annual renewal fee shall be $250.
(c) The fee for a duplicate certificate shall be twenty (20) dollars.
(d) The fee for late renewal shall be $100.

Section 4. Quality Assurance Plan and Standard Operating Procedures. (1) A person certified as a measurement contractor shall submit for cabinet approval a quality control program plan that includes:
(a) A quality statement committing to provide quality work;

(b) A description of the management and structure of the organization;

(c) A listing of personnel and personnel qualifications and training;

(d) A description of types of radon measurements performed and other related services offered;

(e) A description of measurement types and devices the measurement contractor will utilize in conducting measurements;

(f) A list of equipment serial numbers, model numbers, and calibration records used in performing analytical analysis;

(g) A list of manufacturers and test types used while conducting measurement for laboratory analysis;

(h) A worker protection program that includes the methods utilized to minimize or reduce the amount of radon or radon progeny exposures in the work area;

(i) Procedures for procuring and storing measurement devices and materials;

(j) Procedures for maintaining documents and records;

(k) Procedures for calibrating and testing instruments;

(l) A corrective action program;

(m) Examples of forms, reports, and correspondence used in communications;

(n) A description of the quality assurance measures including the:

1. Evaluation criteria; and

2. Frequency of the evaluations;

(o) A statement of compliance with ANSI-AARST standard operating procedures; and

(p) The location where records are retained in accordance with KRS 211.9131(3).

(2) A person certified as a radon mitigation contractor shall submit to the cabinet a quality control program plan that includes:
(a) A quality statement committing to provide quality work;
(b) A description of the management and structure of the organization;
(c) A listing of personnel and personnel qualifications and training;
(d) A description of all types of radon mitigation methods performed and other related services offered;
(e) A description of diagnostic testing methods utilized in designing mitigation systems;
(f) A worker protection program that includes the methods utilized to minimize or reduce the amount of radon or radon progeny exposures in the work area;
(g) Procedures for maintaining documents and records;
(h) Procedures for calibrating and testing instruments;
(i) A corrective action program;
(k) Examples of forms, reports, and correspondence used in communications;
(l) A description of the quality assurance measures including the:

1. Evaluation criteria; and

2. Frequency of the evaluations; and

(m) A statement of compliance with ANSI-AARST standard operating procedures.
(3) A person certified as a radon measurement contractor shall conduct measurements in accordance with the following standard operating procedures and quality assurance protocols:
(a) Residential building measurement: ANSI-AARST Protocols for Radon Measurements in Homes (MAH 2005);
(b) Multi-family building measurement: ANSI-AARST Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings (MAMF-2012); and
(c) Quality assurance protocols: EPA Protocols for Radon and Radon Decay Product Measurements in Homes (EPA 402-R-92-003).
(4) A person certified as a radon mitigation contractor shall conduct mitigations in accordance with the following standards:
(a) Residential building active mitigation: ANSI-AARST Active Soil Depressurization Radon Mitigation Standards (ASD RMS) for Low Rise Residential Buildings;
(b) Multi-family active mitigation: ANSI-AARST Radon Mitigation Standards for Multifamily Buildings (RMS-MF(PS)-2013); and
(c) Residential building passive mitigation: ANSI-AARST Reducing Radon in New Construction of 1&2 Family Dwellings and Townhouses (CCAH-2013).
(5) All mitigation systems shall:
(a) Be designed to reduce a radon concentration in each area within the footprint of the building as low as reasonably achievable (ALARA); and
(b) Achieve a radon level below the Environmental Protection Agency’s action level of four and zero-tenths (4.0) picocuries per liter for all post mitigation testing.
(6) Failure to achieve a reduction below the EPA’s action level of four and zero-tenths (4.0) picocuries per liter shall require additional radon mitigation and testing until the level is achieved.
(7) Upon modification to a component of the quality assurance program plan, the radon measurement or mitigation contractor shall resubmit the plan for approval by the cabinet prior to implementation of the modifications.

Section 5. Training and Continuing Education Requirements. (1) Continuing Education.
(a) Measurement contractors shall acquire eight (8) hours of continuing education credits per year.
(b) Mitigation contractors shall acquire eight (8) hours of continuing education credits per year.
(c) A certified person shall be responsible for submitting proof of continuing education in accordance with KRS 211.9109, 211.911, 211.9115, or 211.9127.
(d) A person dually certified as a radon measurement and mitigation contractor shall acquire sixteen (16) hours of continuing educational credits per year.
(e) Continuing education units shall be obtained from NRPP or NRSB approved courses.
(2) Certification Courses.
(a) Measurement contractor certification courses shall be a minimum of sixteen (16) hours of supervised instruction.
(b) Mitigation contractor certification courses shall be:
1. A minimum of sixteen (16) hours of supervised instruction; and
2. Include an additional four (4) hours of hands-on field work at a mitigation site.
(c) Measurement and mitigation contractors shall obtain an additional one (1) hour of course content on the requirements of this administrative regulation and KRS 211.9101 through 211.9135.

Section 6. Renewal of Certification. (1) Each annual certification shall expire on June 30.
(2) A person seeking renewal of certification shall:
(a) Meet the requirements in accordance with Section 2 of this administrative regulation; and
(b) Submit to the cabinet:
1. A renewal application on cabinet Form DFS-375, Application for Certification for Radon Contractors and Laboratories, a minimum of thirty (30) calendar days prior to certification expiration. Form DFS-375 shall be deemed submitted on the date that it is received by the cabinet;
2. The fees established in Section 3 of this administrative regulation;
3. Proof of fulfillment of continuing education requirements as established in Section 5 of this administrative regulation;
4. An updated quality assurance plan that meets the requirements in Section 4 of this administrative regulation; and
5. Evidence of financial responsibility in accordance with KRS 211.9109(1)(f).
(3) Certifications not renewed within thirty (30) days after the renewal date shall pay a late renewal fee as established in Section 3 of this administrative regulation.
(4) Certifications not renewed within ninety (90) days after the renewal date shall lapse and may only be reinstated in accordance with KRS 211.9121(3).

Section 7. Termination of Certification and Inactive Certification. (1) A certified radon measurement contractor or radon mitigation contractor shall be responsible for notifying the cabinet in writing upon electing to terminate certification.
(2) A person previously certified by the cabinet and not engaged in radon measurement or mitigation in the Commonwealth but desiring to maintain certification may request and be granted inactive status.
(a) If inactive status is granted, the person shall:
1. Pay the certification fee established in Section 3 of this administrative regulation; and
2. Be exempt from continuing education requirements.
(b) A certified radon contractor on inactive status may petition the cabinet for renewal of active certification. If a certified radon contractor on inactive status wishes to renew active certification, the petitioner shall meet the requirements of this administrative regulation.

Section 8. Certification Denial, Suspension, or Revocation. Certifications shall be subject to denial, suspension, or revocation in accordance with KRS 211.9125.

Section 9. Reporting Requirements. (1) A person, business entity, or analytical laboratory shall submit a report to the cabinet on a quarterly basis after a:
(a) Radon or radon progeny test;
(b) Radon mitigation activity;
(c) Modification to any component of the radon contractor’s quality assurance program plan; or
(d) Request from the cabinet.
(2) The report shall include the:
(a) Zip code of location of the building;
(b) Name and telephone number of the owner or owners of the building where the radon testing or mitigation activities were conducted; and
(c) Results of any tests performed.
(3) The results for each measurement conducted shall include the:
(a) Method used for radon or radon decay product testing;
(b) Conditions under which the test or tests were conducted;
(c) Location or locations within the building where the test or tests were conducted;
(d) Results of the test or tests in picocuries per liter (pCi/L) of radon gas;
(e) Date on which the test or tests were conducted; and
(f) Purpose of the test or tests.
(4) The mitigation report shall include the:
(a) Type of structure mitigated;
(b) Type of mitigation system installed;
(c) Location of mitigation system within the structure;
(d) Post-mitigation measurements;
(e) Floor plan of the structure with the location of a mitigation system; and
(f) Diagnostic and communication testing.

Section 10. Administrative Hearings. Persons, business entities, and analytical laboratories shall be afforded an opportunity for an administrative hearing in accordance with KRS Chapter 13B.

Section 11. 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 12. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) Form “DFS-375, Application for Certification for Radon Contractors and Laboratories”, 9/2012;
(b) “Protocols for Radon Measurements in Homes (MAH 2005)”, 9/2005;
(c) “Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings (MAMF-2012)”, 2012;
(d) “Protocols for Radon and Radon Decay Products Measurements in Homes (EPA 402-R-92-003)”, 5/1993;
(e) “Active Soil Depressurization Radon Mitigation Standards (ASD RMS) for Low Rise Residential Buildings”, 6/2006;
(f) “Radon Mitigation Standards for Multifamily Buildings (RMS-MF(PS)-2013)”, 2013; and
(g) “Reducing Radon in New Construction of 1&2 Family Dwellings and Townhouses (CCAH-2013)”, 12/2013.
(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 40602, Monday through Friday, 8 a.m. to 4:30 p.m. (41 Ky.R. 219; Am. 469; eff. 9-17-2014.)

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