Subchapter B. CERTIFICATION


CERTIFICATION FOR RADON TESTING

Sec.


240.101.    Requirements for radon testing certification.
240.102.    Prerequisites for radon testing certification.
240.103.    Radon testing application contents.
240.104.    Application filing deadline.

CERTIFICATION FOR RADON MITIGATION


240.111.    Requirements for radon mitigation certification.
240.112.    Prerequisites for radon mitigation certification.
240.113.    Radon mitigation application contents.
240.114.    Application filing deadline.

CERTIFICATION FOR RADON LABORATORY


240.121.    Requirements for radon laboratory certification.
240.122.    Prerequisites for radon laboratory certification.
240.123.    Radon laboratory application contents.
240.124.    Application filing deadline.

CERTIFICATION FOR PERSONS CERTIFIED IN
ANOTHER STATE


240.131.    States with reciprocal agreements with the Commonwealth.
240.132.    Limited radon practice in this Commonwealth.
240.133.    Certification application contents.

OTHER CERTIFICATION PROCEDURES


240.141.    Withdrawal of applications and certifications.
240.142.    Testing and mitigation identification cards.
240.143.    Adding or removing devices from certification.

Cross References

   This subchapter cited in 25 Pa. Code §  240.1 (relating to description of regulatory structure).

CERTIFICATION FOR RADON TESTING


§ 240.101. Requirements for radon testing certification.

 (a)  A person may not test for radon or represent or advertise that he may so test in a building in this Commonwealth unless the person has first applied for and obtained certification from the Department to test or is a firm employee of a certified testing firm.

 (b)  For a firm to perform radon testing it shall employ at least one individual certified to test who is in responsible charge of the firm’s testing activities, and the firm shall submit an application for certification and receive certification from the Department.

 (c)  A certified primary tester does not also have to be certified in radon laboratory analysis to read or analyze continuous monitors or electret ion chambers that he places and retrieves.

 (d)  A person using secondary radon testing devices, such as AC, from a certified radon laboratory does not also have to be certified in radon laboratory analysis.

Authority

   The provisions of this §  240.101 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.101 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (388452) and (346789).

§ 240.102. Prerequisites for radon testing certification.

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

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

   (2)  Passed a Department-approved written exam on radon testing within 2 years before the postmark date of the individual’s application submittal. The applicant shall forward a copy of exam results to the Department.

   (3)  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.

   (1)  If the firm loses its certified individual, all of the following apply:

     (i)   The firm owner shall notify the Department in writing within 5 business days of losing that individual.

     (ii)   The firm’s certification automatically lapses and is void until the Department approves in writing the firm owner’s written and signed request for a certified individual to be in responsible charge of that firm’s radon testing activities.

   (2)  If a testing firm employee is no longer under the responsible charge of the firm’s certified individual, all of the following apply:

     (i)   The firm’s certified individual shall notify the Department within 10 business days of this change.

     (ii)   The firm employee’s Department listing becomes invalid.

   (3)  Each testing firm employee shall conduct activities in accordance with the signed testing firm employee application.

   (4)  Each testing firm employee applicant shall submit all of the following:

     (i)   A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).

     (ii)   A completed firm employee application as provided by the Department within 10 business days of performing radon testing activities.

     (iii)   For firm employees hired after January 24, 2019, a certification that the firm employee received initial training pursuant to subsection (b)(6).

     (iv)   A document signed by the certified individual that the firm employee completed continuing education as required by subsection (b)(7), if applicable.

     (v)   The applicant’s current photograph, in a format specified by the Department, to be used on the identification card as required under §  240.142 (relating to testing and mitigation identification cards).

   (5)  The firm’s certified individual shall receive written approval from the Department of a testing firm employee.

   (6)  For firm employees hired after January 24, 2019, the firm’s certified individual shall ensure that each firm employee receives initial training before participating in radon testing activities. Initial training may be given by the firm’s certified individual or through a Department-approved training program. The firm’s certified individual shall document that each firm employee has received initial training that includes, at a minimum, the following:

     (i)   General information regarding radon and the risks associated with radon exposure.

     (ii)   A tutorial on how to properly use the testing device(s) employed by the certified firm including:

       (A)   The strengths and weaknesses of the specific device(s) including any limitations of the device(s).

       (B)   Device handling precautions, if any.

       (C)   Short-term versus long-term testing.

       (D)   Device sampling times.

       (E)   When to invalidate a measurement.

     (iii)   Information regarding the appropriate radon testing protocol(s) including:

       (A)   Closed building conditions.

       (B)   Heating and air conditioning system considerations.

       (C)   Unusual weather conditions.

       (D)   Tampering precautions.

       (E)   Measurement documentation.

       (F)   Brief QA/QC overview.

       (G)   Real estate and non-real estate testing.

       (H)   Device placement locations within the building.

   (7)  The firm’s certified individual shall ensure that each firm employee receives continuing education every two years. Continuing education may be given by the firm’s certified individual or through a Department-approved training program. The firm’s certified individual shall document that each firm employee has received continuing education. Continuing education records shall be retained for 5 years. Continuing education shall include, at a minimum, the requirements set forth in subsection (b)(6)(ii) and (iii).

 (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 QA program and a continuing education program as required under § §  240.306 and 240.604 (relating to continuing education program; and QA requirements for testing using primary devices). In addition, the applicant shall be successfully enrolled in a Department-approved radon measurement proficiency program as required under §  240.307 (relating to radon measurement proficiency program).

Authority

   The provisions of this §  240.102 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P.S. § §  7110.301, 7110.302 and 7110.401); section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20); and sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013).

Source

   The provisions of this §  240.102 amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (346789).

Cross References

   This section cited in 25 Pa. Code §  240.103 (relating to radon testing application contents).

§ 240.103. Radon testing application contents.

 (a)  An application for radon testing certification, by an individual or a firm, shall be submitted to the Department in writing on forms provided by the Department and must contain all of the following:

   (1)  Evidence that the applicant has the certification prerequisites in §  240.102 (relating to prerequisites for radon testing certification). The application must include the duties assigned to the certified individual in responsible charge of the testing activities.

   (2)  A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).

   (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 or proposed advertisements.

   (6)  The applicant’s current photograph, in a format specified by the Department, to be used on the identification card as required under §  240.142 (relating to testing and mitigation identification cards).

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

   (8)  A verification by the applicant that the information contained in the application is correct to the best of the applicant’s information and belief. This verification is subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

   (9)  If the applicant for testing certification is a firm, the application shall include a demonstration that the firm’s certified individual will maintain adequate span of control over the firm’s employees. This demonstration shall include, at a minimum, the following:

     (i)   Information regarding the initial training and continuing education given to firm employees that is required by §  240.102(b)(6) and (b)(7) (relating to prerequisites for radon testing certification).

     (ii)   The firm’s protocol for ensuring that firm employees are adequately supervised by the firm’s certified individual.

 (b)  Within 10 business days of a change to the information submitted in the certified individual application or firm certification application, the certified individual shall submit to the Department a written and signed notification listing each change. The change will not take effect until the Department provides written approval of the change.

Authority

   The provisions of this §  240.103 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).

Source

   The provisions of this §  240.103 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (346790).

§ 240.104. Application filing deadline.

 (a)  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.

 (b)  A testing individual certification renewal application postmarked after the previous testing individual certification expiration date will be charged a late application fee as set forth in Appendix A (relating to radon certification fee schedule).

Authority

   The provisions of this §  240.104 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).

Source

   The provisions of this §  240.104 amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (346790) and (341755).

CERTIFICATION FOR RADON MITIGATION


§ 240.111. Requirements for radon mitigation certification.

 (a)  A person may not mitigate radon contamination in a building or represent or advertise that he may so mitigate in a building in this Commonwealth unless the person has first applied for and obtained certification from the Department to mitigate or is a firm employee of a certified mitigation firm.

 (b)  For a firm to perform radon mitigation it shall employ at least one individual certified to mitigate who is in responsible charge of the firm’s mitigation activities, and the firm shall submit an application for certification and receive certification from the Department prior to performing mitigation of radon contamination.

Authority

   The provisions of this §  240.111 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.111 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341755).

§ 240.112. Prerequisites for radon mitigation certification.

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

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

   (2)  Passed a Department-approved written exam on radon mitigation within 2 years before the postmark date of the individual’s application submittal. The applicant shall forward a copy of exam results to the Department.

   (3)  Had 1 year professional 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.

   (1)  If the firm loses its certified mitigation individual, all of the following apply:

     (i)   The mitigation firm owner shall notify the Department in writing within 5 business days of losing that individual.

     (ii)   The firm’s certification automatically lapses and is void until the Department approves in writing the mitigation firm owner’s written and signed request for a certified individual to be in responsible charge of that firm’s radon mitigation activities.

   (2)  If the mitigation firm employee is no longer under the responsible charge of the firm’s certified individual, all of the following apply:

     (i)   The firm’s certified individual shall notify the Department within 10 business days of this change.

     (ii)   The firm employee’s Department listing becomes invalid.

   (3)  The mitigation firm employee shall conduct activities in accordance with the signed mitigation firm employee application.

   (4)  Each mitigation firm employee applicant shall submit all of the following:

     (i)   A completed firm employee application as provided by the Department within 10 business days of performing radon mitigation activities.

     (ii)   The applicant’s current photograph, in a format specified by the Department, to be used on the identification card as required under §  240.142 (relating to testing and mitigation identification cards).

     (iii)   For firm employees hired after January 24, 2019, a certification that the firm employee received initial training pursuant to subsection (b)(6).

     (iv)   A document signed by the certified individual that the firm employee completed continuing education as required by subsection (b)(7), if applicable.

   (5)  The firm’s certified individual shall receive written approval from the Department of a mitigation firm employee.

   (6)  For firm employees hired after January 24, 2019, the firm’s certified individual shall ensure that each firm employee receives initial training before participating in radon mitigation activities. Initial training may be given by the firm’s certified individual or through a Department-approved training program. The firm’s certified individual shall document that each firm employee has received initial training that includes, at a minimum, the following:

     (i)   Information regarding radon and the risks associated with radon exposure.

     (ii)   Information regarding radon mitigation health and safety topics such as fall protection, mold hazards, and ventilation.

     (iii)   Information regarding radon mitigation protocols and standards.

     (iv)   Information regarding electrical wiring and electrical issues as they relate to radon mitigation installations.

   (7)  The firm’s certified individual shall ensure that each firm employee receives continuing education every two years. Continuing education may be given by the firm’s certified individual or through a Department-approved training program. The firm’s certified individual shall document that each firm employee has received continuing education. Continuing education records shall be retained for 5 years. Continuing education shall include at least the requirements set forth in subsection (b)(6)(ii)-(iv).

 (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).

Authority

   The provisions of this §  240.112 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.112 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (341755) to (341756).

Cross References

   This section cited in 25 Pa. Code §  240.113 (relating to radon mitigation application contents).

§ 240.113. Radon mitigation application contents.

 (a)  An application for radon mitigation certification, by an individual or a firm, shall be submitted to the Department in writing on forms provided by the Department and must contain all of the following:

   (1)  Evidence that the applicant has the certification prerequisites contained in §  240.112 (relating to prerequisites for radon mitigation certification). The application must include the duties assigned to the certified individual in responsible charge of the mitigation activities.

   (2)  A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).

   (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 or proposed advertisements.

   (6)  The applicant’s current photograph, in a format specified by the Department, to be used on the identification card as required under §  240.142 (relating to testing and mitigation identification cards).

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

   (8)  A verification by the applicant that the information contained in the application is correct to the best of the applicant’s information and belief. This verification is subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

   (9)  If the applicant for mitigation certification is a firm, the application shall include a demonstration that the firm’s certified individual will maintain adequate span of control over the firm’s employees. This demonstration shall at least include:

     (i)   Information regarding the initial training and continuing education given to firm employees that is required by §  240.112(b)(6) and (b)(7).

     (ii)   The firm’s protocol for ensuring that firm employees are adequately supervised by the firm’s certified individual.

 (b)  Within 10 business days of a change to the information submitted in the mitigation certification application, the certified individual shall submit to the Department a written and signed notification listing each change. The change will not take effect until the Department provides written approval of the change.

Authority

   The provisions of this §  240.113 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).

Source

   The provisions of this §  240.113 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341756).

§ 240.114. Application filing deadline.

 (a)  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.

 (b)  A certified individual renewal application postmarked after the previous certified individual certification expiration date will be charged a late application fee as set forth in Appendix A (relating to radon certification fee schedule).

Authority

   The provisions of this §  240.114 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.114 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341756).

CERTIFICATION FOR RADON LABORATORY


§ 240.121. Requirements for radon laboratory certification.

 (a)  A person in this Commonwealth or a person analyzing devices placed or retrieved in this Commonwealth may not perform laboratory analysis or represent or advertise that the person may perform laboratory analysis of radon testing devices supplied to the public or of samples or devices received from the public or from other certified persons, unless that person has first applied for and obtained radon laboratory analysis certification from the Department or is a firm employee of a certified laboratory firm.

 (b)  For a firm to perform radon laboratory analysis it shall employ at least one individual certified to perform laboratory analysis who is in responsible charge of the firm’s laboratory radon analytical activities, and the firm shall submit an application for certification and receive certification from the Department.

Authority

   The provisions of this §  240.121 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.121 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341757).

§ 240.122. Prerequisites 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:

   (1)  Completed 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, or equivalent certification or professional work experience, or both, as determined by the Department.

   (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.

   (1)  If the firm loses its certified individual, all of the following apply:

     (i)   The firm owner shall notify the Department in writing within 5 business days of losing its certified individual.

     (ii)   The firm’s certification automatically lapses and is void until the Department approves in writing the firm owner’s written and signed request for a certified individual to be in responsible charge of that firm’s radon laboratory activities.

   (2)  If a laboratory firm employee is no longer under the responsible charge of the firm’s certified individual, the following apply:

     (i)   The firm’s certified individual shall notify the Department within 10 business days of this change.

     (ii)   The firm employee’s Department listing becomes invalid.

   (3)  Activities of the laboratory firm employee shall be conducted in accordance with the signed laboratory firm employee application.

   (4)  Each laboratory firm employee applicant shall submit all of the following:

     (i)   A completed and signed laboratory firm employee application as provided by the Department.

     (ii)   For firm employees hired after January 24, 2019, a document signed by the certified individual that the firm employee received initial training pursuant to subsection (b)(6).

   (5)  Each laboratory firm employee shall receive written approval from the Department prior to conducting radon laboratory activities as a laboratory firm employee.

   (6)  For firm employees hired after January 24, 2019, the firm’s certified individual shall ensure that each firm employee receives initial training before participating in radon laboratory activities. Initial training may be given by the firm’s certified individual or through a Department-approved training program. The firm’s certified individual shall document that each firm employee has received initial training that includes, at a minimum, the following:

     (i)   General information regarding radon and the risks associated with radon exposure.

     (ii)   Information regarding radon laboratory analysis methods, protocols and standards.

     (iii)   Information regarding QA/QC for the laboratory device(s).

     (iv)   Information regarding necessary record keeping.

   (7)  The firm’s certified individual shall ensure that each firm employee receives continuing education every two years. Continuing education may be given by the firm’s certified individual or through a Department-approved training program. The firm’s certified individual shall document that each firm employee has received continuing education. Continuing education records shall be retained for 5 years and include, at a minimum, the requirements set forth in subsection (b)(6)(ii)—(iv).

 (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 QA program and a continuing education program as required under § §  240.306 and 240.604 (relating to continuing education program; and QA requirements for testing using primary devices). In addition, the applicant shall be successfully enrolled in a Department-approved radon measurement proficiency program as required under §  240.307 (relating to radon measurement proficiency program).

Authority

   The provisions of this §  240.122 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.122 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341757).

Cross References

   This section cited in 25 Pa. Code §  240.123 (relating to radon laboratory application contents).

§ 240.123. Radon laboratory application contents.

 (a)  An application for radon laboratory certification, by an individual or a firm, shall be submitted to the Department in writing on forms provided by the Department and must contain all of the following:

   (1)  Evidence that the applicant has the certification prerequisites contained in §  240.122 (relating to prerequisites for radon laboratory certification). The application must include the duties assigned to the certified individual in responsible charge of the laboratory analysis activities.

   (2)  A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).

   (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 the applicant that the information contained in the application is correct to the best of the applicant’s information and belief. This verification is subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

   (7)  If the applicant for laboratory certification is a firm, the application shall include a demonstration that the firm’s certified individual will maintain adequate span of control over the firm’s employees. This demonstration shall at least include:

     (i)   Information regarding the initial training and continuing education given to firm employees that is required by §  240.122(b)(6) and (b)(7) (relating to prerequisites for radon laboratory certification).

     (ii)   The firm’s protocol for ensuring that firm employees are adequately supervised by the firm’s certified individual.

 (b)  Within 10 business days of a change to the information submitted in the laboratory certification application, the laboratory certified individual shall submit to the Department a written and signed notification listing each change.

Authority

   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); amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P.S. § §  7110.301, 7110.302 and 7110.401).

Source

   The provisions of this §  240.123 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (341757) to (341758).

§ 240.124. Application filing deadline.

 (a)  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.

 (b)  A laboratory individual certification application postmarked after the previous laboratory individual certification expiration date will be charged a late application fee as set forth in Appendix A (relating to radon certification fee schedule).

Authority

   The provisions of this §  240.124 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).

Source

   The provisions of this §  240.124 amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341758).

CERTIFICATION FOR PERSONS CERTIFIED IN
ANOTHER STATE


§ 240.131. States with reciprocal agreements with the Commonwealth.

 The Department may enter into a reciprocal agreement with another state recognizing each state’s radon certification program. The Department will not recognize another state’s program unless the program’s certification is compatible with the one established under the act and this chapter. The Department will publish a notice in the Pennsylvania Bulletin listing the state programs it has recognized.

§ 240.132. Limited radon practice in this Commonwealth.

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

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

   (2)  Conducts that activity in this Commonwealth fewer than 90 days each calendar year.

Authority

   The provisions of this §  240.132 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.132 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341759).

§ 240.133. Certification application contents.

 (a)  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 90 days or more a year, shall first obtain certification from the Department. The application must be in writing and contain all of the following:

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

   (2)  A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).

   (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 the applicant that the information contained in the application is correct to the best of the applicant’s information and belief.

 (b)  Within 10 business days of a change to the information submitted in the certification application, the certified individual shall submit to the Department a written and signed notification listing each change.

Authority

   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).

Source

   The provisions of this §  240.133 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (341759) to (341760).

OTHER CERTIFICATION PROCEDURES


§ 240.141. Withdrawal of applications and certifications.

 (a)  Withdrawal of applications.

   (1)  An application may be withdrawn before Department approval is granted.

   (2)  Fees will not be refunded.

   (3)  After an application for certification is withdrawn, a person may request to have the application reinstated prior to expiration of current certification.

   (4)  The withdrawal is complete when all of the following conditions have been met:

     (i)   The request for an application withdrawal has been submitted to the Department in writing and signed by the applicant.

     (ii)   The Department has confirmed the withdrawal in writing.

 (b)  Withdrawal of certifications.

   (1)  A certified testing, mitigation or laboratory individual may request that the Department withdraw the individual’s own certification or a firm certification. The withdrawal is complete when the request has been submitted in writing, signed by the certified individual and the Department has provided written confirmation of the withdrawal.

   (2)  A firm owner may request that the Department withdraw the firm’s certification. The withdrawal is complete when the request has been submitted in writing, signed by the firm owner and the Department has provided written confirmation of the withdrawal.

 (c)  Withdrawal of a testing or laboratory individual certification by the Department.

   (1)  The Department may withdraw a testing or laboratory individual certification when that individual no longer has Department-listed testing devices.

   (2)  The Department will confirm the withdrawal in writing.

 (d)  Reinstatement of withdrawn certifications.

   (1)  The previously certified individual may submit a written, signed request to reinstate the individual’s testing, mitigation or laboratory individual certification or the firm owner may request to reinstate the testing, mitigation or laboratory firm certification prior to the withdrawn certification’s expiration date.

   (2)  The Department will approve or disapprove this request in writing.

   (3)  A person who wishes to reapply for certification after the expiration of the person’s previous certification shall submit a new application along with appropriate fees as set forth in Appendix A.

Authority

   The provisions of this §  240.141 issued under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.141 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

§ 240.142. Testing and mitigation identification cards.

 (a)  All of the following persons shall obtain Department identification cards:

   (1)  Individuals for testing certification.

   (2)  Individuals for mitigation certification.

   (3)  Each testing firm employee.

   (4)  Each mitigation firm employee.

 (b)  Each applicant referenced in subsection (a) shall submit the applicant’s current photograph, in a format specified by the Department, to the Department with the application.

 (c)  Each person listed in subsection (a) shall present the Department-issued identification card to a client upon request.

Authority

   The provisions of this §  240.142 issued under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.142 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

Cross References

   This section cited in 25 Pa. Code §  240.102 (relating to prerequisites for radon testing certification); 25 Pa. Code §  240.103 (relating to radon testing application contents); 25 Pa. Code §  240.112 (relating to prerequisites for radon mitigation certification); and 25 Pa. Code §  240.113 (relating to radon mitigation application contents).

§ 240.143. Adding or removing devices from certification.

 (a)  To add or remove a device from laboratory or testing certification, the certified individual shall submit a written and signed request to the Department.

 (b)  The certified individual who analyzes each continuous monitor and electret reader shall provide in the request the specific serial number and proof of current calibration of each device to be added.

 (c)  The certified individual who analyzes each continuous monitor and electret reader shall provide in the request the specific serial number of each device to be removed.

 (d)  The device will be considered Department-listed or removed on the effective date stated in the Department’s confirmation letter to the certified individual.

 (e)  After the effective removal date of the device, the device may no longer be used to conduct radon testing activities or laboratory analysis.

 (f)  The certified individual shall receive written approval from the Department to add a specific device prior to performing radon testing activities or laboratory analysis with the device.

Authority

   The provisions of this §  240.143 issued under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.143 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.



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