10- 144 C.M.R. ch. 224, § A-4

Current through 2024-51, December 18, 2024

Section 144-224-A-4 - REGISTRATION REQUIREMENTS

A. Pursuant to the Act, all persons or companies located within or outside the State of Maine that intend to conduct radon testing services, evaluation of radon detection devices, radon mitigation consultation, or radon mitigation services in the State of Maine shall be registered by the Department. No radon service provider may offer or provide these services unless registered with the Department. The requirements of these rules are continuing requirements.

B. Initial Registration. The Department shall register an applicant who provides evidence meeting the criteria for the requested registration and files a complete and accurate application. Minimum criteria for registration are:

1. All air radon service providers- participation in the appropriate EPA Radon Proficiency Programs.

2. Water radon test evaluators- participation in a certification program regarding gross alpha emitter measurement in water or measure radon in water according to the most recent method put forth by EPA, until EPA finalizes their radon in water measurement methods.

3. Water radon testers and mitigators- completion of the Waterborne Radon course provided by the Eastern Regional Radon Training Center, or equivalent training as determined by the department.

4. Supervised employees- no training requirements. Application must include a statement that each supervised employee is 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, operates from a "cookbook" list of instructions that they are not permitted to deviate from in any way, and that any problems or deviations from the planned activity at each individual work site will be handled in person and on site by the supervisor.

5. All registrants conducting Radon related services shall have a quality assurance (QA) program to assure that services are performed accurately and errors are controlled and corrected in a minimal amount of time. Program elements should include: responsibilities and duties of all persons performing radon services; standardized procedures for testing and/or evaluation; maintenance schedule for equipment; review of results; standardized reporting procedures; and corrective action plan.

6. Temporary waivers of registration will be considered for applicants who prove they have attempted to meet the minimum requirements but do not through no fault of their own. This pertains primarily to those experiencing delays in getting listed with the EPA proficiency programs.

C. Use of Listed Facilities. Only listed facilities are authorized to analyze radon measurement devices that are used in the State of Maine.

D. Notice Of Registration. The registrant shall be notified in writing of their registration.

E. Use of Authorized Radon Testing Devices. Only authorized radon testing devices are allowed to be used to test for radon in the State of Maine.

F. Fees. The annual fee shall be in accordance with the following schedule. The registration fee for a company will cover the registration fee for one principal owner of the company who would also have to register as an on-site employee.

1. Radon Testers And Evaluators

a. Companies Performing Testing Services, or Primary Companies that evaluate radon testing devices: $150. each

b. On-site Employees employed by the above companies performing radon testing services : $150. each

c. Supervised Employees employed by the above companies performing on-site radon testing services $100. each

2. Radon Mitigators

a. Companies performing mitigation or mitigation consultation services: $ 75. each

b. On-site Employees employed by the above companies performing radon mitigation services: $ 75. each

c. Supervised Employees employed by the above companies performing on-site radon mitigation services: $ 50. each

G. Proration of Fees. The fees shall be prorated by the Department on a six month basis, based upon the fiscal year July 1 - June 30.

H. If the Department refuses to register an applicant, the applicant may request an administrative hearing as specified in Part C Section G.

I. Renewal of Registration. The registration may be renewed biennially, upon submittal of the proper registration fee, beginning July 1, 1993. Renewal applications shall be provided by the Department with a minimum notice of 30 days. If the Department determines not to renew a registration, the registrant shall be afforded an administrative hearing upon request, as specified in Part C, Section G.

10- 144 C.M.R. ch. 224, § A-4