Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in these rules, unless the context otherwise
					 indicates, the following terms have the following meanings.
"Act" means the Radon Registration Act (Sec 1. 22 MRSA c.
					 165, section 771 et seq.)
"Air radon" means the radioactive gaseous element and its
					 decay products found in air. See "Radon".
"Associated radiological concerns" means radioactive
					 elements other than radon, including, but not limited to, radium, thorium,
					 uranium, and their respective decay products.
"Authorized radon testing device" means a device that
					 collects radon or its decay products, requires analysis by an independent
					 measuring facility or is a continuous monitoring device and,
a. for air radon- has been determined to be
				  acceptable by the United States Environmental Protection Agency under the Radon
				  Measurement Proficiency Program conducted under
				  15
				  United States Code, Section 2661, et.
				  seq.
b. for water radon- criteria
				  will be determined after EPA begins its radon in water certification program
				  following adoption of their radon in water MCL.
"Contractor" means an individual or a company employing
					 such individuals, who, for remuneration, proposes to reduce radon levels in a
					 structure or modifies a structure to reduce radon levels. This includes design,
					 installation, or supervising the installation of mitigation systems. Also
					 called a mitigator.
"Department" means the Department of Human Services,
					 Division of Health Engineering.
"Environmental Protection Agency" or "EPA" means the United
					 States Environmental Protection Agency (EPA).
"Listed facility" means a radon testing facility that
					 is:
a. designated as a primary company
				  by the Radon Measurement Proficiency (RMP) Program of the United States
				  Environmental Protection Agency under
				  15
				  United States Code, Section 2661, et.
				  seq.
b. a water radon test facility
				  that is certified to measure gross alpha in water or uses the current draft
				  method proposed by EPA for the measurement of radon in water, and will use the
				  final method determined by EPA.
"Lowest livable level" means the lowest level of a
					 structure that can reasonably be occupied throughout the year with little or no
					 modification preceding occupancy. If the level in question does not meet these
					 criteria but is used as a workshop, playroom, or exercise room, this level
					 shall be considered livable for the purposes of radon testing.
"Mitigator" see "Contractor".
"Persons" means any individual, corporation, partnership,
					 firm, institution, group, agency, or political subdivision of this or any other
					 state or the Federal government, municipal or quasi-municipal organization but
					 not including the Department.
"Primary measurement company" or "Laboratory" means a
					 service that has the capability to analyze or read radon measurement devices
					 using a laboratory or portable equipment and skilled operators. Also called a
					 listed facility in these rules.
"On-site" means in the structure the client has requested
					 radon services for.
"Quality Assurance" or "(QA)" means insuring accuracy and
					 reproducibility in analysis and or mitigation methods in accordance with
					 written standards as set forth in the EPA radon proficiency program.
"Radon" means the radioactive gaseous element and its decay
					 products produced by the disintegration of the element radium in air, water,
					 soil, or other media.
"Radon Contractor Proficiency Program" or "RCP" means EPA's
					 National Radon Contractor Proficiency Program, a program designed to provide
					 minimum proficiency criteria for individuals who design and supervise the
					 installation of radon mitigation systems in buildings. This program measures
					 the proficiency of the individual contractor, not the proficiency of the
					 contractors' company.
"Radon Measurement Proficiency Program" or "RMP" means
					 EPA's National Radon Measurement Proficiency Program, a program designed to
					 identify technically competent organizations and individuals capable of
					 providing the public with radon measurement services, and to promote standard
					 measurement and quality assurance practices.
"Radon Service Providers" means persons or companies
					 providing radon testing services, evaluation of radon detection devices, radon
					 mitigation consultation and/or radon mitigation services.
"Radon Testing Services" means providing, for direct or
					 indirect remuneration, determination of radon levels or analysis of an
					 authorized radon testing device. This term includes those services provided by
					 listed facilities.
"Secondary measurement company" or "testing company" means
					 a company that offers radon services to include home inspection and
					 consultation, and radon detector distribution, but such company does not have
					 its own laboratory analysis capability.
"Supervised employee" means an untrained employee (not
					 sub-contractor) that operates under supervision in a clients building, has no
					 decision making authority, does not assist in planning the activities to take
					 place at the work site, and operates from a "cookbook" list of instructions
					 that they are not permitted to deviate from in any way. See "Untrained
					 employee".
"Supervisor" means the registered individual supervising
					 untrained (supervised) employees.
"Untrained employee" means an employee of a registered
					 company who does not have the required qualifications to become registered as a
					 radon service provider and performs radon services in a clients building while
					 under supervision.
"Very high radon levels" means 50 pCi/l in air and 100,000
					 pCi/l in water.
"Water radon" means radon found in water.