Subchapter A. GENERAL PROVISIONS

§ 240.1. Description of regulatory structure.

 (a)  The act directs the Department to establish a Radon Certification Program. This chapter specifies the requirements to certify a person to test for and mitigate radon contamination of occupied buildings and to analyze radon samples. Persons exempt from certification are specified in §  240.2 (relating to scope).

 (b)  Subchapter B (relating to certification) specifies the requirement that a person shall be certified to conduct radon testing, and the requirements for obtaining certification. Subchapter B also contains the requirements for certification in mitigation and laboratory analysis.

 (c)  Subchapter C (relating to certification review procedures and standards) provides the standards and procedures for review of applications, renewal and modification of certification.

 (d)  Subchapter D (relating to operation requirements) contains operation requirements for certified persons who conduct radon-related activities. Subchapter D includes the requirements concerning advertising, notice to clients and disclosure of radon information to the Department. These operation requirements are in addition to specific requirements contained in a certification.

 (e)  Subchapter E (relating to enforcement and decertification) contains the enforcement provisions, including inspection, decertification and assessment of civil penalties. Other enforcement actions are available under sections 308 and 309 of the Radiation Protection Act (35 P. S. § §  7110.308 and 7110.309) and section 14 of the act (63 P. S. §  2014).

 (f)  Subchapter F (relating to interim certification) specifies the requirements for persons certified under the Department’s Interim Certification Program.

 (a)  This chapter applies to all persons except a person:

   (1)  Testing for or mitigating against radon contamination in a building that the person owns or occupies.

   (2)  Using measures designed to prevent radon contamination in newly constructed buildings. This exemption does not apply to radon testing or installation of radon mitigating devices in these buildings following occupancy.

   (3)  Performing testing or mitigation in the course of the person’s normal duties as an employee or contractor of the Department or the Federal government.

   (4)  Performing scientific research if the person discloses the information obtained to the Department under §  240.303 (relating to reporting of information) and the person informs the owner or occupant of the affected building of the following:

     (i)   That the person is not certified by the Department to test for or mitigate against radon contamination.

     (ii)   That the test results are not certified.

     (iii)   That the mitigation methods are for experimental purposes and may be unsuccessful.

   (5)  Purveying, but not placing, or retrieving passive radon testing devices, such as charcoal canisters or track etch monitors supplied by a certified laboratory, if radon concentrations determined by the laboratory are reported directly to the owner or occupier of the building tested.

 (b)  This chapter is in addition to, and not in substitution for, other applicable provisions of this article.

   The provisions of this §  240.2 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  240.2 amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (204016).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Radon Certification Act (63 P. S. § §  2001—2014).

   Acts—The Radon Certification Act and the Radiation Protection Act (35 P. S. § §  7110.101—7110.703).

   Firm—A person, other than an individual.

   Laboratory analysis—The act of determining radon concentrations in air, water, soil or passive radon testing devices.

   Mitigate—To repair or alter a building or building design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere.

   Person—An individual, corporation, partnership, association, trust, estate, public or private institution, group, agency or political subdivision of this Commonwealth, another state or political subdivision or agency thereof, and a legal successor, representative, agency or agency of the entities listed in this definition.

   Picocurie per liter—2.2 disintegrations per minute of radioactive material per liter of air.

   Radon—The radioactive noble gas Radon-222 and the short-lived radionuclides which are products of Radon-222 decay, including polonium-218, lead-214, bismuth-214 and polonium-214.

   Test—The act of examining a building, soil, air or water for the presence of radon, including taking air, soil or water samples, or the act of diagnosing the cause of radon contamination in a building.

   WL—working level—One working level is that amount of potential alpha-particle energy dissipated in air by the short-lived daughters in equilibrium with 100 pCi/1 of Radon-222. One WL is equal to 130,000 Mev of alpha-particle energy deposited per liter of air.