W. Va. Code R. § 64-78-5

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-78-5 - Application for Licensure as a Radon Mitigation Contractor, Radon Tester, Mitigation Specialist, Radon Laboratory, Radon Testing or Radon Training Facility

5.1. To apply for a license as a radon mitigation contractor, the applicant shall submit to the director an application provided by the director which shall include the following:

5.1.a. The name and business address of the applicant;

5.1.b. The name of the chief executive officer, partners or the sole proprietor of the business;

5.1.c. The names of employees directly involved in radon testing or mitigation and the following:

5.1.c.1. Documentation that each applicant or employee has successfully completed the training approved by the director. The documentation shall include the course title, course sponsor, names of course instructors, date and place of course; and

5.1.c.2. Documentation that the applicant has passed the examination recommended by the United States Environmental Protection Agency;

5.1.d. A description of any of the following matters to which the applicant or a person involved with the applicant on a radon project was a party:

5.1.d.1. Any radon mitigation or radon testing projects which were terminated prior to completion;

5.1.d.2. Any penalties, citations, administrative orders or actions pertaining to radon mitigation or radon testing; or

5.1.d.3. Any lawsuits pertaining to radon mitigation or radon testing. Copies of initial pleadings and final orders shall be attached to the application;

5.1.e. A description of the basic quality assurance and quality control procedures that will be utilized by the applicant for each type of measurement device used;

5.1.f. A description of the radiological safety plan designed to track employee radon exposure and keep it as low as reasonably achievable;

5.1.g. A description by type, manufacture and model number of all instruments to be used in radon measurements. If the applicant intends to use devices requiring non-portable equipment for analysis, the applicant shall list the name and address of the radon laboratory providing the analysis and its issued license number; and

5.1.h. A description of the method of instrument calibrations.

5.2. To apply for a license as a radon tester, the applicant shall:

5.2.a. Submit to the director an application on a form prescribed and provided by the director, which shall include the information required by paragraphs 5.1.a. and 5.1.e. to 5.1.h. of this section.

5.2.b. Provide documentation that the applicant has successfully completed the training required by paragraph 5.1.c.1. of this section; and

5.2.c. Provide documentation that the applicant has passed the examination required by paragraph 5.1.c.2. of this section.

5.3. To apply for a license as a radon mitigation specialist, the applicant shall:

5.3.a. Submit to the director an application on a form prescribed and provided by the director, which shall include information required by subdivisions 5.1.a. and 5.1.e. to 5.1.h. of this section;

5.3.b. Provide documentation that the applicant has successfully completed the training required by paragraph 5.1.c.1. of this section; and

5.3.c. Provide documentation that the applicant has passed the examination required by paragraph 5.1.c.2. of this section.

5.4. To apply for a license as a radon laboratory, the applicant shall:

5.4.a. Submit to the director an application on a form prescribed and provided by the director, which shall include the information required by subdivisions 5.1.a. and 5.1.e. to 5.1.h. of this section; and

5.4.b. Provide documentation that the applicant is on the United States Environmental Protection Agency's proficiency list or its equivalent.

5.5. To apply for a license to train radon testers and radon mitigators the applicant shall provide evidence that the training center has been approved to conduct radon testing or radon mitigation training by the United States Environmental Protection Agency.

5.6. An individual, business entity or government entity may hold more than one license. An applicant shall submit a separate application and pay a separate fee with each application, except a holder of a radon mitigation specialist license who is a business owner eligible for a radon mitigation contractor license under the provisions of W. Va. Code '16-34-5(c) is not required to pay the fee for the radon mitigation contractor license.

5.7. An application for licensure shall be accompanied by a nonrefundable check or money order.

W. Va. Code R. § 64-78-5