Section 180-11-004 - OPERATING REQUIREMENTSLicensees under this chapter must meet the requirements of this section.
004.01LICENSED INDIVIDUAL.004.01(A)ACTIVITIES. Conduct activities as permitted in the approved license and in accordance with provisions of the Radiation Control Act, all sections of these regulations, and all other related municipal, county, state, and federal laws and regulations.004.01(B)CONTINUING EDUCATION. Complete continuing education requirements specified in this chapter.004.01(C)AUDIT COMPLIANCE. Allow authorized representatives of the Department to have access to the licensee's facilities, offices and files for inspection and examination of radon-related records and test procedures. The licensee must also allow authorized representatives of the Department to accompany the licensee while performing any radon measurement or mitigation activities for the purpose of inspecting these activities. Failure to cooperate with an audit or inspection is grounds for disciplinary action.004.01(D)RADON MEASUREMENT SPECIALIST. In addition to following the operating requirements in 004.01(A)-(C), a radon measurement specialist is responsible for: (i) Conducting all radon testing on behalf of the radon measurement business. This includes the initial placement and final retrieval of all measurement devices, along with verification of measurement results:(1) Testing of single-family residences must be conducted according to the requirements described in American National Standards Institute - American Association of Radon Scientists and Technologists Protocol for Conducting Measurements of Radon and Radon Decay Products in Homes (MAH-2019) incorporated herein by this reference.(2) Testing of multifamily, school, commercial, and mixed-use buildings must comply with the requirements described in American National Standards Institute - American Association of Radon Scientists and Technologists Protocol for Conducting Measurements of Radon and Radon Decay Products in Multifamily, School, Commercial and Mixed-Use Buildings (MA-MFLB 2023) incorporated herein by this reference. Measurement Specialists conducting testing in multifamily, school, commercial and mixed-use buildings larger than 2,000 square feet must have completed a training course from an approved training provider for radon measurements in multifamily, school, commercial, and mixed-use buildings.(3)EXCEPTIONS. The following is an exception to the requirements described in American National Standards Institute - American Association of Radon Scientists and Technologists Protocol for Conducting Measurements of Radon and Radon Decay Products in Homes (MAH-2019) and American National Standards Institute - American Association of Radon Scientists and Technologists Protocol for Conducting Measurements of Radon and Radon Decay Products in Multifamily, School, Commercial and Mixed-Use Buildings (MA-MFLB 2023):(a) A signed homeowner noninterference agreement is not required.(ii) Ensuring that all radon measurement devices are approved by the National Radon Proficiency Program (NRPP), the National Radon Safety Board (NRSB), or a national proficiency program approved by the Department;(iii) Ensuring that all radon measurement devices are calibrated annually. Calibration must be conducted by either the manufacturer, or a chamber approved by the National Radon Proficiency Program (NRPP), the National Radon Safety Board (NRSB), or a national proficiency program approved by the Department;(iv) Directing measurement activities for the licensed business to include directing the submission of reports to the Department containing the information specified in 180 NAC 11;(v) Informing clients of radon levels in accordance with the provisions of 180 NAC 11;(vi) Following quality assurance and quality control measures, and adhering to an approved quality assurance plan, as specified in 180 NAC 11; and(vii) Evaluating operating procedures and ensuring compliance with state and federal regulations.004.01(E)RADON MITIGATION SPECIALIST. In addition to following the operating requirements in 004.01(A)-(C), a radon mitigation specialist is responsible for: (i) Directing mitigation activities for the licensed business to include directing the submission of reports to the Department containing the information specified in 180 NAC 11;(ii) Evaluating operating procedures and ensuring compliance with state and federal regulations;(iii) Supervising radon mitigation installations, assuring systems are installed according to 180 NAC 11-009 MITIGATION SYSTEM INSTALLATION REQUIREMENTS, and adhering to information submitted to the Department as required in 180 NAC 11; and(iv) Evaluating diagnostic tests of a building and designing mitigation systems to be in compliance with 180 NAC 11-009 Mitigation System Installation Requirements.004.02RADON MEASUREMENT BUSINESS. A radon measurement business must meet the requirements in this section.004.02(A)ACTIVITIES. Ensure that all employed or contracted Radon Measurement professionals conduct activities as described in the approved license and as required by provisions of the Radiation Control Act, this chapter, and all other related municipal, county, state, and federal laws and regulations.004.02(B)REQUIRED STAFF. Maintain on staff or retain as a consultant a radon measurement specialist. If a radon measurement business loses its radon measurement specialist, the radon measurement business must notify the Department in writing within five business days. The radon measurement business must not conduct measurements without a radon measurement specialist.004.02(C)RECORDS. Maintain the following records for six years: (i) Records of all radon tests performed, including client name, test date, address, and test results;(ii) Records of instrument calibrations and other quality control samples;(iii) Records of completing continuing education courses specified in this chapter; and(iv) Copies of licenses for radon measurement specialists employed or used as consultants.004.02(D)CHANGES. Submit any changes in the information provided in the original or renewal application, including changes in licensed personnel or to the quality assurance documents as an amendment request to the Department for approval prior to implementation of such change.004.02(E)DEVICE APPROVAL. Ensure that all radon measurement devices are approved by the National Radon Proficiency Program (NRPP), the National Radon Safety Board (NRSB), or a national proficiency program approved by the Department.004.02(F)LICENSE NOT TRANSFERABLE. Each measurement business license issued is nontransferable.004.03RADON MITIGATION BUSINESS. A radon mitigation business must meet the requirements of this section. 004.03(A)ACTIVITIES. Ensure that all employed or contracted radon mitigation professionals conduct activities as described in the approved license and as required by provisions of the Radiation Control Act, this chapter, and all other related municipal, county, state, and federal laws and regulations.004.03(B)REQUIRED STAFF. Maintain on staff or retain as a consultant a radon mitigation specialist. If a radon mitigation business loses its radon mitigation specialist, the radon mitigation business must notify the Department in writing within five business days. The radon mitigation business must not conduct mitigations without a radon mitigation specialist.004.03(C)RECORDS. Maintain the following records for six years: (i) Records of all mitigation work performed, including client name, address, a description of each mitigation system and materials installed, copies of building and electrical permits, pre-mitigation and post-mitigation measurements including method of measurement and all pertinent dates.(ii) Records of mitigation plans developed and signed by a radon mitigation specialist.(iii) Records of all instrument calibrations, contracts, and warranties on equipment installed.(iv) Records of completing continuing education courses specified in this chapter.(v) Records of employee exposure to radon during employment.(vi) Copies of the licenses for radon mitigation specialists employed or used as consultants.004.03(D)CHANGES. Submit any changes in the information provided in the original or renewal application, including changes in licensed personnel or the quality assurance documents, as an amendment request to the Department for approval prior to implementation of such change.004.03(E)LICENSE NOT TRANSFERABLE. Each mitigation business license issued is nontransferable.180 Neb. Admin. Code, ch. 11, § 004
Amended effective 7/5/2015.Amended effective 9/20/2023