Section 216-RICR-50-15-2.7 - General Licensing and Certification Requirements2.7.1Application RequirementsA. No person may measure or analyze for radon or conduct associated radon mitigation activities in Rhode Island unless such person has been licensed and/or certified as provided by this Part. This Part in no way exempts any person from other state and local occupational licensure and/or certification requirements.B. An applicant seeking licensing and/or certification for radon testing or mitigation services within the state of Rhode Island shall:1. Complete the appropriate application form, available from the Department.2. Submit the application, supporting credentials, and the appropriate licensing and/or certification fee, as identified in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) to the Department of Health, Radon Control Program, 3 Capitol Hill, Room 206, Providence, RI 02908-5097. Analytical services and training courses include an additional assessment based on the amount of services or courses offered.2.7.2Application ExemptionsA. The license and/or certification requirements of this Part shall not apply to: 1. Those individuals testing or mitigating a private residence owned or leased by the individual who is performing the testing or mitigation.2. Any individual testing their own living area.3. Those persons who sell or offer radon testing devices, such as charcoal canisters, for sale at a retail outlet and do not manage the testing process or perform radon mitigation services.2.7.3 Approval of ApplicationA. The requested license and/or certification shall be approved after the applicant: 1. Submits a complete and accurate application;2. Submits the required application fee, as identified in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title);3. Provides evidence of qualifications for the licensure and/or certification being sought; and4. If licensed and/or certified in another state, produces evidence that his/her status is in good standing.B. The Department may at any time after filing of the original application require further information to aid in making a determination.C. A license and/or certification shall be valid for up to one year following the date of issuance. No radon testing or mitigation activity shall be conducted after the expiration date of the license and/or certification.D. A replacement certificate, license, and/or picture identification (ID) may be obtained by submitting a written request and a fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) to the Department.2.7.4Denial of ApplicationThe Department may deny an application if requirements established by the Act and/or by this Part have not been met. The applicant may request a hearing in accordance with the provisions of R.I. Gen. Laws Chapter 42-35.
2.7.5Renewal of License and/or CertificationA. The renewal application must be completed on the appropriate form and submitted with the appropriate fee, as identified in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).B. Renewal will be approved or denied in accordance with the provisions of §§2.7.3 and 2.7.4 of this Part, respectively.C. The current license or certification will remain valid for the period of time necessary for a final determination on a renewal application that has been filed thirty (30) days or more before the expiration of the current license.2.7.6Suspension or Revocation of License or CertificationA. Pursuant to the provisions of R.I. Gen. Laws Chapter 23-61, the Department may suspend or revoke any license and/or certification for good cause. Good cause shall be deemed to include but not limited to: 1. Performance of radon related activities for which s/he is not licensed and/or certified.2. Failure to carry on person a current picture ID, issued by the Department, at all times while performing any radon-related function.3. Failure to report any changes in the information provided in the original or renewal application to the Department, including changes in licensed and/or certified personnel, in writing and within ten (10) business days of the change.4. Failure to allow authorized representatives of the Department to have access during normal business hours to facilities, offices, and files for inspection and examination of radon-related records and test procedures.5. Failure to allow authorized representatives of the Department to observe and inspect on-site radon related testing or mitigation activities, with approval of the property owner, occupant, or other authorized person.6. Failure to conduct all radon-related activities in accordance with provisions of this Part and other applicable municipal, county, state and federal regulations.7. Failure to comply with the reporting requirements in §2.7.7 of this Part.8. Failure to comply in any way with the Act or this Part.2.7.7Reporting RequirementsA. The certified radon testing business shall submit all radon and radon progeny test results for public and high priority buildings to the Department. The results from the previous quarter shall be submitted within thirty (30) days of the last day of each quarter on the appropriate reporting form, which is available from the Department.B. The certified radon testing business shall submit all radon and radon progeny test results for testing other than public and high priority buildings to the Department. The results from the previous quarter shall be submitted within thirty (30) days of the last day of each quarter on the appropriate reporting form, which is available from the Department. The information and results on this form will only be used for the tracking of testing.C. The certified radon testing business or the licensed radon contractor shall report radon and radon progeny test results to the client within thirty (30) days of receiving said results.D. Any client who is informed of the results of radon testing must also be informed of the name and the certification number of the person who took the measurements and the certified radon analytical service that performed the analysis.E. Radon test results shall be reported in picocuries per liter; radon progeny test results shall be reported in working levels.F. The report provided to the client shall include the following statement: 1. This notice is provided to you by an organization or individual licensed and/or certified by the Department to perform radon or radon progeny testing or radon mitigation services. Any questions, comments, or complaints regarding the person performing these testing or mitigation services may be directed to the Rhode Island Department of Health, Radon Control Program, 3 Capitol Hill, Room 206, Providence, RI 02908-5097.G. Results equal to or greater than 100 pCi/L (0.5 WL) shall be reported to the Department and the client by phone within two (2) business days and by certified mail within five (5) business days. The client should also be advised to contact the Department's Radon Control Program.H. A licensed radon contractor shall submit a report to the Department on all mitigation work completed during the previous quarter. Reports shall be submitted within thirty (30) days of the last day of each quarter on the appropriate reporting form, which is available from the Department.216 R.I. Code R. § 216-RICR-50-15-2.7
Amended effective 1/1/2019