Subchapter C. CERTIFICATION REVIEW PROCEDURES
AND STANDARDS


Sec.


240.201.    Criteria for issuance or denial of certifications or course provider applications.
240.202.    Terms of certification.
240.203.    Conditions of certification.
240.204.    Certification renewal.
240.205.    Certification modification.
240.206.    Notice of certification.

Cross References

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

§ 240.201. Criteria for issuance or denial of certifications or course provider applications.

 (a)  A certification or course provider application will not be approved unless the applicant affirmatively demonstrates to the Department’s satisfaction that all of the following conditions are met:

   (1)  Neither the applicant nor a person identified in the application or involved with the course or its development is in violation of the act or this chapter or has been decertified under §  240.403 (relating to decertification).

   (2)  The application is accurate and complete and the applicant is in compliance with the requirements of the act and this chapter.

   (3)  The applicant has the qualifications required in this chapter and is capable of performing the activities for which he is seeking certification as required by the act and this chapter.

 (b)  The Department may deny the certification or course provider application of a person who has shown a lack of ability or intention to comply with the acts or this chapter, as indicated by past or continuous conduct. A certification lapse under §  240.203(b) (relating to conditions of certification) may be considered evidence of a lack of ability or intention to comply with the acts or this chapter.

Authority

   The provisions of this §  240.201 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 §  240.201 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341760).

Cross References

   This section cited in 25 Pa. Code §  240.204 (relating to certification renewal).

§ 240.202. Terms of certification.

 (a)  A certification will be valid for 2 years following issuance.

 (b)  Testing, mitigating or laboratory analysis may not be conducted after the expiration of the term of certification.

Authority

   The provisions of this §  240.202 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 §  240.202 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341760).

§ 240.203. Conditions of certification.

 (a)  Persons certified under this chapter shall, at a minimum, comply with all of the following conditions:

   (1)  The certified person shall conduct all activities as described in the approved application.

   (2)  The certified person shall allow the Department, its agents and employees, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to the person’s facilities, offices and files for inspection and examination of records. The certified person shall also allow the Department, its agents and employees to accompany him while performing radon-related activities for the purpose of inspection of those activities.

   (3)  The certified person shall remain in compliance with the acts and this chapter.

   (4)  For certification of a firm, the certified individual shall remain in responsible charge of the radon-related activities. The certified individual shall have his duties and responsibilities listed in the firm’s certification application.

   (5)  Certified testing and laboratory individuals shall pass blind studies conducted by the Department. The individual measurement results of the blind study must achieve an individual relative percent error of less than or equal to ±25% of the reference value. The blind study is conducted without the knowledge of the certified individual so that no special precaution is taken during the measurement device analysis. Blind studies are designed to assess the performance of the measurement device to ensure that clients are receiving accurate and precise results.

 (b)  The Department may suspend certification if a condition of certification is violated. The Department will publish notice of the suspension in the Pennsylvania Bulletin.

Authority

   The provisions of this §  240.203 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 §  240.203 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (341760) and (388453).

Cross References

   This section cited in 25 Pa. Code §  240.201 (relating to criteria for issuance or denial of certifications or course provider applications).

§ 240.204. Certification renewal.

 (a)  An application for certification renewal must contain the contents required in an initial certification application, except that the Department may permit an applicant to rely on information previously submitted if the information remains the same. A certification renewal application shall be issued or denied according to the criteria in §  240.201 (relating to criteria for issuance or denial of certifications or course provider applications).

 (b)  Prior to the expiration of radon certification, a person who intends to continue to provide radon-related services in this Commonwealth shall submit an application for certification renewal. To avoid a lapse in certification, an applicant for certification renewal shall file an application at least 30 days prior to the expiration of the current certification. Submitting a renewal application does not extend the previous certification period. The certified person is responsible to make a timely application for certification renewal.

 (c)  For an application from a radon service provider postmarked after the expiration of the certification, the following criteria will determine application requirements:

   (1)  An individual certification application postmarked prior to 1 year after the expiration of the certification is a renewal application subject to the late application fee in Appendix A (relating to radon certification fee schedule).

   (2)  An individual certification application postmarked 1 year or more after expiration of certification is an initial application subject to the initial application fee in Appendix A. The application is not subject to the late application fee set forth in Appendix A.

Authority

   The provisions of this §  240.204 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 §  240.204 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (388453).

§ 240.205. Certification modification.

 The terms and conditions of a certification are subject to amendment, revision or modification by the Department for a violation of the acts, this chapter or a term or condition of the certification, or for a false statement made to the Department by the certified party, or for a change of condition which would warrant the issuance or denial of a certification on the basis of an original application.

Authority

   The provisions of this §  240.205 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 §  240.205 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (388453).

§ 240.206. Notice of certification.

 The Department will publish as a notice in the Pennsylvania Bulletin the name and address of each person certified under this chapter.



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