Subchapter B. CERTIFICATION

§ 240.101. Requirement for radon testing certification.

 (a)  Individual certification for radon testing. An individual will not be certified to test unless the individual has done the following:

   (1)  Taken a Department-approved course on radon.

   (2)  Taken and passed a Department-approved written exam on radon testing. The applicant shall forward an official copy of exam results to the Department.

   (3)  Had 1 year of professional experience in performing radon measurements.

   (4)  Submitted a complete and accurate application to the Department, including applicable fees.

 (b)  Firm certification for radon testing. If the applicant for testing certification is a firm, it shall employ at least one individual who is certified to test and who is in responsible charge of the firm’s testing activities. If the firm loses its certified individual, the certification automatically lapses and is void until the firm has notified the Department of employment of another certified individual. Within 5 days the firm shall notify the Department in writing when it loses its certified individual.

 (c)  Additional requirements. If the applicant for testing certification is a firm, or an individual performing testing and not working for a certified radon testing firm, the applicant shall also have a quality assurance program, a health and safety program and a continuing education program as required in § §  240.304—240.307. In addition, the applicant shall be successfully enrolled in the EPA radon measurement proficiency program or equivalent, as required in § §  240.304—240.307.

 An application for radon testing certification, by both individual and firm, shall be submitted to the Department in writing on forms provided by the Department and must contain:

   (1)  Evidence that the applicant has the certification prerequisites in §  240.102 (relating to prerequisites for radon testing certification), including the services offered and experience in each. If the applicant is a firm, the application must also include the duties assigned to the certified individual.

   (2)  A nonrefundable fee of $200 for individuals, $500 for firms.

   (3)  The applicant’s name, address and telephone number. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant’s organization.

   (4)  Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.

   (5)  Copies of reporting forms, information distributed to potential clients and recent advertisements.

   (6)  Other information the Department may require related to an applicant’s qualifications or technical or administrative information related to radon testing.

   (7)  A verification by a responsible official of the applicant that the information contained in the application is correct to the best of the official’s information and belief.

   The provisions of this §  240.103 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and the Radon Certification Act (63 P. S. § §  2001—2014).

 A person who expects to conduct radon testing shall file a complete application for certification a minimum of 30 days prior to the anticipated starting date of testing activity.

CERTIFICATION FOR RADON MITIGATION

§ 240.111. Requirement for radon mitigation certification.

 (a)  Individual certification for radon mitigation. An individual will not be certified to mitigate unless he has done the following:

   (1)  Taken a Department-approved course on radon mitigation.

   (2)  Taken and passed a Department-approved written exam on radon mitigation. The applicant shall forward an official copy of exam results to the Department.

   (3)  Had 1 year professional experience or supervised experience in radon mitigation system installation or 3 years experience in architecture, engineering, electrical contracting, plumbing, carpentry, masonry or related trades.

   (4)  Submitted a complete and accurate application to the Department including applicable fees.

 (b)  Firm certification for radon mitigation. If the applicant for mitigation certification is a firm, it shall employ at least one individual who is certified to mitigate and who is in responsible charge of the firm’s mitigation activities. If the firm loses its certified individual, the certification automatically lapses and is void until the firm has notified the Department of employment of another certified individual. Within 5 days the firm shall notify the Department in writing when it loses its certified individual.

 (c)  Additional requirements. If the applicant for mitigation certification is a firm, or an individual performing mitigation and not working for a certified mitigation firm, he shall also have a health and safety program, and a continuing education program, as required in § §  240.305 and 240.306 (relating to health and safety program; and continuing education program).

 An application for mitigation certification, by both individual and firm, shall be submitted to the Department in writing on forms provided by the Department and must contain:

   (1)  Evidence that the applicant has the certification prerequisites contained in §  240.112 (relating to prerequisites for radon mitigation certification), including the services offered and experience in each. If the applicant is a firm, the applicant shall also include the duties assigned to the certified individual.

   (2)  A nonrefundable fee of $200 for individuals, $500 for firms.

   (3)  The applicant’s name, address and telephone number. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant’s organization.

   (4)  Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.

   (5)  Other information the Department may require related to an applicant’s qualifications or technical or administrative information related to radon mitigation.

   (6)  A verification by a responsible official of the applicant that the information contained in the application is correct to the best of the official’s information and belief.

   The provisions of this §  240.113 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and the Radon Certification Act (63 P. S. § §  2001—2014).

 A person who anticipates conducting radon mitigation services shall file a complete application for certification a minimum of 30 days prior to the anticipated starting date of mitigation activities.

CERTIFICATION FOR RADON LABORATORY

§ 240.121. Requirement for radon laboratory certification.

 (a)  Individual certification for laboratory analysis. A person will not be certified to perform radon laboratory analysis unless the person has done the following:

   (1)  Taken a Department-approved course on radon.

   (2)  Had 1 year professional experience in performing laboratory analysis of radon measurement devices or samples or is certified in Health Physics by the American Board of Health Physics.

   (3)  Received a bachelors degree in the physical sciences or engineering or related fields as approved by the Department, or the education or professional work experience equivalent to a degree, as determined by the Department.

   (4)  Submitted a complete and accurate application to the Department, including applicable fees.

 (b)  Firm certification for laboratory analysis. If the applicant for radon laboratory certification is a firm, it shall employ at least one individual who is certified to perform radon laboratory analysis and who is in responsible charge of the laboratory radon analytical activities. If the firm loses its certified individual, the certification automatically lapses and is void until the firm has notified the Department of employment of another certified individual. Within 5 days the firm shall notify the Department in writing when it loses its certified individual.

 (c)  Additional requirements. If the applicant for radon laboratory certification is a firm, or an individual performing laboratory analysis and not working for a certified laboratory, the applicant shall also have a quality assurance program and a continuing education program as required in § §  240.304—240.307. In addition, the applicant shall be successfully enrolled in the EPA radon measurement proficiency program or equivalent, as required in § §  240.304—240.307.

 An application for radon laboratory certification shall be submitted to the Department in writing on forms provided by the Department and must contain:

   (1)  Evidence that the applicant has the certification prerequisites contained in §  240.122 (relating to prerequisites for radon laboratory certification), including the services offered and experience in each. If the applicant is a firm, the applicant shall also include the duties assigned to the certified individual.

   (2)  A nonrefundable fee of $250 for individuals, $500 for firms.

   (3)  The applicant’s name, address and telephone number. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant’s organization.

   (4)  Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.

   (5)  Other information the Department may require related to an applicant’s qualifications or technical or administrative information related to laboratory analysis of radon samples.

   (6)  A verification by a responsible official of the applicant that the information contained in the application is correct to the best of the official’s information and belief.

   The provisions of this §  240.123 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and the Radon Certification Act (63 P. S. § §  2001—2014).

 A person who anticipates performing laboratory analysis of samples to determine radon concentrations shall file a complete application for laboratory analysis certification a minimum of 30 days prior to the anticipated starting date of laboratory analysis.

CERTIFICATION FOR PERSONS CERTIFIED IN
ANOTHER STATE

§ 240.131. States with reciprocal agreements with the Commonwealth.

 A person may test, mitigate or perform laboratory analysis without first obtaining certification from the Department if the person does the following:

   (1)  The person has obtained certification to do so from a state with which the Department has entered into a reciprocal agreement.

 A person who has a certification from a state with which the Department has entered into a reciprocal agreement, and who intends to conduct the radon-related activity in this Commonwealth for at least 90 days a year, shall obtain certification from the Department. The application must be in writing and contain:

   (1)  A copy of the certificatin from foreign state.

   (2)  A nonrefundable fee of $200.

   (3)  The applicant’s name, address and telephone number. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant’s organization.

   (4)  Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.

   (5)  Other information the Department may require related to an applicant’s qualifications, or technical or administrative information related to radon testing, mitigation of radon contamination or laboratory analysis of radon samples.

   (6)  A verification by a responsible official of the applicant that the information contained in the application is correct to the best of the official’s information and belief.

   The provisions of this §  240.133 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and the Radon Certification Act (63 P. S. § §  2001—2014).

   The provisions of this §  240.133 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears at serial page (204024).