(a)  A person may not test, mitigate against radon or provide a radon-related service or product without first offering the potential client a price list of services offered, and providing evidence of certification and a notice that only persons certified under the act and this chapter may provide the services or products. For a person who mitigates against radon, a written estimate for services shall constitute a price list. The notice shall read substantially as follows:
NOTICE

  
The Radon Certification Act requires that anyone who provides any radon-related service or product to the general public must be certified by the Pennsylvania Department of Environmental Protection. You are entitled to evidence of certification from any person who provides such services or products. You are also entitled to a price list for services or products offered. All radon measurement data will be sent to the Department as required in the Act and will be kept confidential. If you have any questions, comments or complaints concerning persons who provide radon-related services, please contact the Department at the Bureau of Radiation Protection, Department of Environmental Protection, P. O. Box 8469, Harrisburg, Pa. 17105-8469, (717) 783-3594.

 (a)  Within 45 days after testing, mitigation or other radon-related service is provided, the person providing the service shall submit to the Department in a format approved by the Department the results of testing, including screening measurements, follow-up measurements, premitigation measurements, postmitigation measurements and the method used to mitigate against radon contamination. If no testing, mitigation or radon-related service has been provided during this 45-day period, that person shall inform the Department of same in writing. Anyone required to provide this 45-day reporting who does not report within 90 days of the completion of the activity will be subject to the Late 45-Day Reporting Fee as set forth in Appendix A (relating to radon certification fee schedule). At a minimum, these results will be retained for 2 years. The information must include:

   (1)  The name of the person providing the service.

   (2)  The name and address of the owner or occupant of the building involved.

   (3)  The address and location of the building involved, including street and number, post office, full zip code and county.

   (4)  The date each measurement was taken, or the mitigation performed.

   (5)  The type of house or building, the types of measurements, location within the building of specific measurements, and the results in picocuries per liter or in working levels.

   (6)  The type and price of mitigation system installed.

 (b)  Within 45 days after testing, mitigation or other radon-related service is provided, the person providing radon-related services shall report in writing to the owner or occupier of the building the results in picocuries per liter and when appropriate in working levels of radon measurements taken in the building. If a person provides the service through a certified intermediary, it is the responsibility of the intermediary to report the results.

 (c)  For a person performing mitigation, each building shall be tested for radon levels before and after the mitigation is performed. Each test must be at least 48 hours in duration and follow EPA- or DEP-approved protocols. The postmitigation test shall be conducted no sooner than 24 hours after completion of the mitigation. The results of radon testing shall be reported in accordance with this section.

   The provisions of this §  240.303 amended under sections 301, 302 and 401 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 §  240.303 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275. Immediately preceding text appears at serial pages (333968) to (333969).

 A person conducting radon testing or radon laboratory analysis activities shall have a quality assurance program to assure that measurements are accurate and errors are controlled. The program shall insure that testing devices are routinely and properly calibrated. The program shall provide the information related to the following activities:

   (1)  Organization and responsibilities.

   (2)  Sampling procedures.

   (3)  Detector custody.

   (4)  Analytical procedures.

   (5)  Data reduction, validation and reporting.

   (6)  Corrective action.

   (7)  Quality assurance reports to management.

 A person conducting radon-related activities shall have a radon health and safety program to protect himself and employes from exposure to radon during the course of their employment. The program shall include records of each individual’s exposure to radon. Persons conducting radon-related activities shall maintain exposure to radon as low as reasonably achievable.

 A person conducting radon-related activities shall have a radon education program to assure that the applicant and all employees have a minimum of 4 hours initial training, and the certified person shall participate in a continuing education program consisting of a minimum of 8 hours of Department-approved courses or seminars on radon testing or mitigation each year. Course providers are required to submit course information as requested by the Department and the Course Provider Fee as set forth in Appendix A (relating to radon certification fee schedule) prior to Department approval of any course.

   The provisions of this §  240.306 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); section 1920-A of The Administration Code of 1929 (71 P. S. §  510-20); and the Radon Certification Act (63 P. S. § §  2001—2014).

   The provisions of this §  240.306 amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1742; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275. Immediately preceding text appears at serial page (333969).

 A person conducting radon testing or radon laboratory activities shall provide written evidence of successful participation in the most recent EPA Radon/Radon Progeny Measurement Proficiency Program or an alternative program approved by the Department for each radon measurement utilized.

 A person conducting radon testing or mitigation for radon contamination shall conduct the testing and mitigation in accordance with EPA- or DEP-approved protocols and shall comply with applicable statutes, regulations, ordinances and building codes. The following protocols, ‘‘Protocols for Radon and Radon Decay Product Measurements in Homes,’’ ‘‘Indoor Radon and Radon Decay Product Measurement Device Protocols’’ and ‘‘Pennsylvania Radon Mitigation Standards’’ are available upon request from the following sources:

Environmental Protection Agency
Office of Radiation Programs
Washington, D.C. 20460

Department of Environmental Protection
Bureau of Radiation Protection
Rachel Carson State Office Building, 13th Floor
400 Market Street
Post Office Box 8469
Harrisburg, Pennsylvania 17105-8469

   The provisions of this §  240.308 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 §  240.308 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears at serial page (282457).