Fla. Admin. Code R. 64E-5.1203
Current through Reg. 50, No. 235-239, December 10, 2024
Section 64E-5.1203 - General Provisions(1) No person may test for or mitigate the presence of radon in Florida for a fee or other remuneration unless such person has been certified as provided by this part. These regulations in no way exempt any person from other state and local occupational licensure requirements.(2) The certification requirements of this part shall not apply to a commercial business that subcontracts radon measurements to a certified radon business when the complete radon report from the certified radon business is provided to the client and interpretations of the results are provided by the certified business.(3) No certification shall be approved unless the applicant demonstrates to the department that the following conditions are met:(a) The applicant has not been found to be in violation of Chapter 404, F.S., or this part, and has not been decertified;(b) The applicant has filed an accurate and complete application with the application fee describing compliance with the relevant certification requirements.(4) Requirements for continued certification shall include the following conditions:(a) The certified person shall conduct his activities as described in the approved certification and shall remain in compliance with Chapter 404, F.S., and this part.(b) The certified person or business shall allow authorized representatives of the department to have access during normal business hours to his facilities, offices and files for inspection and examination of radon-related records, measurement procedures and mitigation system design and installations. The certified person or business shall identify the location and allow authorized representatives of the department to inspect all locations where the certified person or business has conducted or contracted for onsite radon measurement or mitigation activities.(c) The certified person or business shall report the following changes in writing to the department within 10 business days of the change: changes to the name or address of a certified individual or business; changes in the information provided with the original business application, including changes in certified personnel; changes in analytical service providers used; changes in measurement, mitigation or analytical service proficiency status; and changes to the measurement or mitigation methods used. New measurement methods shall comply with the Quality Assurance Plan requirements specified in subsection 64E-5.1206(5), F.A.C.(d) The certified business shall provide radon activity reports to the department by the 15th of each month for the previous month. 1. Reports from a certified radon measurement business shall include building information, the name of the person performing the measurements and the results of all available radon and radon progeny measurements taken during the previous month which are not otherwise reported as specified in Rule 64E-5.1208, F.A.C. If no measurements were taken during a month, the report shall indicate none were taken. Data shall be submitted on form DH1750, Monthly Report for Certified Radon Businesses, Residential Measurement Report (11/15), or form DH1833, Monthly Report for Certified Radon Businesses, Nonresidential Measurement Report (11/15), incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-08100, and http://www.flrules.org/Gateway/reference.asp?No=Ref-08101, respectively.2. A certified radon mitigation business shall include building information on all radon mitigation work completed during the previous month, the name of the certified radon measurement business and individual performing the pre-mitigation and post-mitigation radon and radon progeny measurements, and the measurement results. If no radon mitigations were completed or performed during a calendar month, the report shall indicate none were completed or performed. Unless otherwise reported as a completed project, for all in-progress mitigation projects not completed within 30 days of initiation of the mitigation, the certified radon mitigation business shall file a report with the department by the 15th day of the first calendar month that begins on or after the end of the 30 days. This report shall include building location information and anticipated date of mitigation completion. Reports of completed radon mitigations shall be submitted on form DH1753, Monthly Report for Certified Radon Businesses, Radon Mitigation Report (11/15), while reports of in progress radon mitigation projects shall be submitted on form DH8002-DCHP, Notice of in Progress Radon Mitigation System Installation (02/16), incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-08102, and http://www.flrules.org/Gateway/reference.asp?No=Ref-08105, respectively. Mitigation businesses are not required to file more than one form DH 1753 on the same completed project.(5) Prior to performing radon measurement or radon mitigation services, including sample collection, analysis, or interpretation of measurement results a certified individual shall own, be employed by, or be retained as a consultant to a certified radon measurement or certified radon mitigation business.(6) A certification will be valid for 1 year following the date of issuance. If renewal is requested more than 90 days after an expired certification, a new application must be submitted for recertification. After 1 year, previously certified applicants must attend a department-approved training course. A duplicate certificate can be obtained by written request to the department and payment of a five dollar fee.(7)(a) A request for annual certification renewal shall be submitted with a nonrefundable renewal fee. For renewal requests received prior to expiration of the certification, the fee schedule set forth in this part will apply. For renewal requests received after certification has expired, the fee schedule for application and certification will apply. A certification renewal shall be issued or denied according to the criteria set forth in this part.(b) Annual certification renewal fee schedule:1. Radon Measurement or Mitigation Business Renewal request received between July 1, 2011 and June 30, 2016: | $425.00 |
Renewal request received on or after July 1, 2016: | $500.00 |
2. Radon Measurement or Mitigation Specialist Renewal request received between July 1, 2011 and June 30, 2016: | $350.00 |
Renewal request received on or after July 1, 2016: | $400.00 |
3. Radon Measurement or Mitigation Technician Renewal request received between July 1, 2011 and June 30, 2016: | $275.00 |
Renewal request received on or after July 1, 2016: | $300.00 |
(8) A certified individual in good standing who becomes an active duty member of the Armed Forces of the United States prior to the expiration of the renewal period shall remain in good standing while on active duty and for a period of 6 months after discharge from active duty. No radon measurement or mitigation activity for which certification is required shall be conducted after the expiration of the term of certification.(9) A certified individual in good standing who is absent from the state because of their spouse's active duty with the Armed Forces of the United States prior to the expiration of the renewal period shall remain in good standing while their spouse is on active duty and for a period of 6 months after their spouse's discharge from active duty. No radon measurement or mitigation activity for which certification is required shall be conducted after the expiration of the term of certification.(10) All applications must clearly label any information considered trade secrets and must segregate such information from other information.(11) The department will approve training courses for certification based upon evaluation of course materials and content. These courses shall meet the following requirements: (a) The course subjects shall be applicable to Florida, shall enable the students to meet training objectives provided by the department and shall include at least the following: 1. Radon Measurement Specialist Training. a. Two hours of instruction on radioactivity, radon, and radon's health effects.b. One and one-half hours of instruction on Florida's radon legislation and administrative rules and federal radon legislation and proficiency programs.c. Two and one-half hours of instruction on radon entry and behavior.d. One hour of instruction on worker health and safety.e. Seven hours of instruction on radon measurement devices, techniques and protocols.f. One and one-quarter hours of instruction on building investigation and diagnostics and mitigation strategies and techniques applicable to Florida.g. One-half hour of instruction on radon-resistant building techniques for new construction applicable to Florida.h. One hour of instruction on measurement and mitigation techniques for radon in domestic water.2. Radon Measurement Technician Training.a. One and one-quarter hours of instruction on radioactivity, radon, and radon's health effects.b. One and one-half hours of instruction on Florida's radon legislation and administrative rules and federal radon legislation and proficiency programs.c. One and three-quarters hours of instruction on radon entry and behavior.d. One hour of instruction on worker health and safety.e. Five hours of instruction on radon measurement devices, techniques and protocols, including 1 hour of experience deploying, retrieving and reporting results of various measurement devices.f. One-half hour of instruction on mitigation strategies and techniques applicable to Florida.g. One-half hour of instruction on radon-resistant building techniques for new construction applicable to Florida.h. One-half hour of instruction on measurement and mitigation techniques for radon in domestic water.3. Radon Mitigation Specialist Training.a. Two hours of instruction on radioactivity, radon, and radon's health effects.b. One and one-half hours of instruction on Florida's radon legislation and administrative rules and federal radon legislation and proficiency programs.c. Two and one-half hours of instruction on radon entry and behavior.d. One hour of instruction on worker health and safety.e. Three-quarters hour of instruction on radon measurement devices, techniques and protocols.f. One-half hour of instruction on radon-resistant building techniques for new construction applicable to Florida.g. One hour of instruction on measurement and mitigation techniques for radon in domestic water.h. Three and one-half hours of instruction on building investigation and diagnostics and mitigation strategies and techniques applicable to Florida.i. Six and one-half hours of instruction on mitigation system theory, design and installation applicable to Florida.4. Radon Mitigation Technician Training. a. One and one-quarter hours of instruction on radioactivity, radon, and radon's health effects.b. One and one-half hours of instruction on Florida's radon legislation and administrative rules and federal radon legislation and proficiency programs.c. One and three-quarters hours of instruction on radon entry and behavior.d. One hour of instruction on worker health and safety.e. Three-quarters hour of instruction on radon measurement devices, techniques and protocols.f. One-half hour of instruction on radon-resistant building techniques for new construction applicable to Florida.g. Three-quarters hour of instruction on measurement and mitigation techniques for radon in domestic water.h. Three hours of instruction on building investigation and diagnostics and mitigation strategies and techniques applicable to Florida.i. Five hours of instruction on mitigation system theory and installation applicable to Florida.(b) Participants shall be given an opportunity to evaluate in writing the learning experiences, instructors, instructional methods, facilities and resources used for the course. Results of these evaluations shall be available for inspection by the department for 3 years after completion of the course.(c) The subject matter shall be kept current and represent accepted protocols and techniques.(d) The course provider shall furnish each participant who has attended the entire course a written verification of completion which includes:2. Signature and name of provider, (e) Course providers shall send to the department a roster of participants who have attended the entire course within 30 days after each course on form DH 1812, Radon Certification Training Roster (11/15), incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-08106. Providers shall maintain security of attendance records. Course providers shall maintain records of individual courses for 3 years after completion of the course for inspection by the department.(g) The course provider also shall submit to the department a copy of the proposed curriculum, all training materials, and information concerning the proposed instructors.(h) The course provider shall allow authorized representatives of the department to observe and evaluate training sessions, instructors and course material without charge.(i) Any proposed changes in course materials or instructors shall be reported in writing to the department at least 15 business days before implementation of the change.(j) Approval of a course shall be valid for a period of 24 months. Approval may be denied or withdrawn by the department if the course approval requirements of these rules are not met.Fla. Admin. Code Ann. R. 64E-5.1203
Rulemaking Authority 404.051, 404.056 FS. Law Implemented 404.051, 404.056, 404.071 FS.
New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1304, Amended 3-16-09, Amended by Florida Register Volume 43, Number 060, March 28, 2017 effective 4/13/2017.New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1304, Amended 3-16-09, 4-13-17.