Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-69 - Radon Testing › Section 3701-69-09 - Standards of conduct for radon mitigation contractors

Current through all regulations passed and filed through July 1, 2024
(A)
								 A licensed radon mitigation contractor shall do all of
			 the following:
(1)
									 Operate in accordance with his or her approved license
			 application;
(2)
									 Request, in writing, the director's approval before
			 implementing any change which would render the following submitted information
			 no longer accurate:
(a)
										 The basic quality assurance and quality control
			 procedures as described in appendices A and B to rule
			 3701-69-07
			 of the Administrative Code that will be utilized to assure the reliability and
			 validity of radon measurements;
(b)
										 The applicant's
			 quality assurance and quality control procedures for radon mitigation
			 containing the elements of the Ohio radon mitigation standards as outlined in
			 rule
			 3701-69-08
			 of the Administrative Code;
(c)
										 The radiological
			 safety plan designed to keep each employee's exposure to radon as low as
			 reasonably achievable;
(d)
										 The type, manufacturer, serial number and model number
			 of all instrumentation to be used in radon measurement. If the applicant will
			 use devices requiring subsequent laboratory analysis, the applicant shall list
			 the name and address of the radon laboratory providing the analysis and its
			 approval number issued under rule
			 3701-69-12
			 of the Administrative Code;
(e)
										 The frequency
			 and method of calibration of instruments; and
(f)
										 The federal tax
			 identification number;
(3)
									 The licensee
			 shall notify the director in writing within thirty days of any other changes to
			 the following:
(a)
										 Name and address of applicant;
(b)
										 Type of business
			 structure and proof that the business name is registered with the Ohio
			 secretary of state;
(c)
										 Name of the chief executive officer, partners, or sole
			 proprietor;
(d)
										 License numbers and names of licensed radon mitigation
			 specialists and licensed radon testers employed;
(e)
										 Names and
			 credentials of persons conducting any worker training;
(f)
										 Description of
			 any of the following matters to which the applicant or an affiliated,
			 associated, or related person was a party:
(i)
											 Any radon
			 mitigation or radon testing projects which were terminated prior to
			 completion;
(ii)
											 Any penalties, citations, or administrative orders or
			 actions pertaining to radon mitigation or radon testing; and
(iii)
											 Any lawsuits
			 pertaining to radon mitigation or radon testing. Copies of initial pleadings
			 and final orders shall be attached to the application; and
(g)
										 Any
			 other changes that would render the information in the application for
			 licensure or renewal no longer accurate;
(4)
									 Use only the
			 services of a radon laboratory that has been approved by the director under
			 rule
			 3701-69-12
			 of the Administrative Code to analyze samples for the presence and
			 concentration of radon;
(5)
									 Maintain radon measurement device calibration records
			 for a minimum of five years. These records shall be made available to the
			 director upon request and shall consist of, but not be limited to:
(a)
										 Manufacturer of
			 the calibrated device;
(b)
										 Model number of the calibrated device;
(c)
										
			 Serial number of calibrated device;
(d)
										 Date of
			 instrument calibration;
(e)
										 Name of calibration facility; and
(f)
										 Method of
			 instrument calibration;
(6)
									 Maintain proof
			 of valid license issued in accordance with this chapter at all times while at
			 the project site;
(7)
									 Accurately, truthfully, and competently perform and
			 complete radon testing and mitigation projects, reports, and site
			 evaluations;
(8)
									 Afford the director the opportunity to inspect any
			 radon mitigation project or records;
(9)
									 Maintain records
			 of each test performed and make these records available to the director upon
			 request. These records shall be maintained for at least five years and, at a
			 minimum shall include all the information outlined in appendices A and B to
			 rule
			 3701-69-07
			 of the Administrative Code;
(10)
									 Maintain
			 records of each radon mitigation project performed and make these records
			 available to the director upon request. These records shall be maintained for
			 at least five years and, at a minimum, shall include all the information
			 outlined in the appendix to rule
			 3701-69-08
			 of the Administrative Code;
(11)
									 Provide
			 adequate equipment for worker protection to keep exposures to radon as low as
			 reasonably achievable;
(12)
									 Provide basic training to all employees on safety and
			 operational policies and the proper use of equipment;
(13)
									 Ensure that
			 employees directly involved in radon mitigation successfully complete at least
			 eight hours of basic mitigation training prior to working on a mitigation
			 project and annually thereafter. The basic mitigation training shall adequately
			 instruct participants in the safety problems associated with radon, precautions
			 and procedures to minimize exposure, and any applicable guidelines or
			 requirements for protection of personnel from exposure;
(14)
									 Maintain
			 records of the training provided under paragraphs (A)(12) and (A)(13) of this
			 rule for at least five years; and
(15)
									 Ensure that all
			 radon testers and mitigation specialists whom the contractor uses to perform
			 radon testing or mitigation practice in compliance with this chapter.