216-50-15 R.I. Code R. § 2.3

Current through April 23, 2024

Section 216-RICR-50-15-2.3 - Definitions, General Provisions, and Radon Standards

2.3.1 Definitions

A. Whenever used in these rules and regulations, the following terms shall be construed as follows:

1. "Act" means R.I. Gen. Laws Chapter 23-61, entitled Radon Control.

2. "Alpha track detector" means a passive radon testing device which performs time-integrated measurement.

3. "Back-drafting" means a condition where normal upward movement of combustion products is reversed.

4. "Charcoal adsorption device" means one of several variously configured containers filled with a measured amount of activated charcoal and used to measure radon.

5. "Child care facility" means a facility which accommodates five (5) or more children of any age who are not related and is licensed by the Department of Children, Youth, && Families or the Department of Education.

6. "Continuous radon monitor" means an active radon detection device which uses an electronic detector to accumulate and store information related to the periodic measurement of average radon concentration.

7. "Department" means the Rhode Island Department of Health (RIDOH).

8. "Diagnostic tests" means tests performed or procedures used to determine appropriate radon mitigation methods.

9. "Director" means the director of the Rhode Island Department of Health.

10. "Electret Ion Chamber" means a passive measurement device consisting of a canister containing a charged electret.

11. "EPA" means the United States Environmental Protection Agency.

12. "Follow-up testing" means a test in which the radon testing device is exposed for a minimum of ten (10) days but not longer than one year.

13. "High priority building" means any public building or public, private, and/or parochial school (Grades pre-K to 12), and/or child care facility.

14. "HVAC" means heating, ventilation and air conditioning system.

15. "OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor.

16. "Owner" means the person having legal title to property and/or buildings. For purposes of publicly owned property only, the owner shall be defined as the chief executive officer of the state or municipal agency which owns, leases or controls the use of the property.

17. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, and other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.

18. "Picocurie per liter (pCi/L)" means a unit of measurement of the concentration of radioactivity in a gas which equals 2.22 disintegrations per minute of radioactive material per liter. One picocurie is equivalent to 10 to the minus 12 ( 10-12) of a curie.

19. "Public building" means any building owned, managed, leased, furnished, or occupied by a state or municipal agency or commission, or public school.

20. "Radon" means the radioactive noble gas radon 222.

21. "Radon analytical service" means any person engaged in the reading or analysis of radon testing devices.

22. "Radon testing business" means any person engaged in radon testing for a fee, whose employees test for radon or radon progeny.

23. "Radon inspector" means an individual who performs radon or radon progeny testing, provides professional advice on such testing, health risks, radon related exposure, radon entry routes, and other radon related consulting activities.

24. "Radon contractor" means a person who engages in radon mitigation as a business, whose employees install systems to mitigate radon or radon progeny contamination.

25. "Radon supervisor" means an individual who evaluates diagnostic tests to determine appropriate radon or radon progeny mitigation strategies, designs and supervises the installation of mitigation systems. This individual will be named on the radon contractor's license.

26. "Radon worker" means an individual who helps install radon or radon progeny mitigation systems.

27. "Radon progeny" means the short lived radionuclides formed as a result of the decay of radon 222, including polonium 218, bismuth 214, lead 214, and polonium 214.

28. "Radon/radon progeny mitigation" means any actions or measures taken and any materials or equipment installed to reduce levels of radon gas and/or radon progeny in the air or water supply of a building, or to prevent entry of radon or radon progeny into the indoor atmosphere.

29. "Radon training course" means a course that provides instruction in radon testing or mitigation techniques.

30. "RCP" means the EPA National Radon Contractor Proficiency Program.

31. "RMP" means the EPA National Radon Measurement Proficiency Program.

32. "Short-term testing" means a test in which a radon testing device is exposed for a minimum of forty-eight (48) hours in closed conditions up to a maximum of ninety (90) days.

33. "Working Level (WL)" means the concentration of short lived radon progeny in the air that will result in 130,000 million electron volts (1.3 x 105 MeV) of potential alpha particle energy per liter of air.

2.3.2General Provisions

A. Variance Procedures.

1. The Department may grant a variance either upon its own motion or upon the request of the applicant from the provisions of any rule or regulation herein, if it finds, in specific cases, that a literal enforcement of such provisions will result in unnecessary hardship to the applicant. A variance shall not be granted if it is contrary to the public interest and/or health and safety of the public. The provisions of this section shall not be applicable to the requirements of §§ 2.7 through 2.14 of this Part pertaining to licensing and certification.

2. A request for a variance shall be filed by the applicant in writing, setting forth in detail the basis upon which the request is made. Within sixty (60) days after filing, the Department shall notify the applicant as to whether the request has been approved or denied. In the case of a denial, a hearing date, time and place may be scheduled if the applicant appeals the denial.

B. Rules Governing Practices and Procedures.

1. All hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 23-61, shall be held in accordance with the provisions of the rules and regulations governing Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).

2.3.3Radon Standards

Air Standard. The indoor air standard for naturally occurring radon gas or radon progeny in buildings covered by this Part shall be less than 4 pCi/L (0.02 WL) as an annual average.

216 R.I. Code R. § 216-RICR-50-15-2.3

Amended effective 1/1/2019