Florida Regulations 64E-5.1207: Certification Requirements for Radon Mitigation Businesses
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The following qualifications are required for certification as a radon mitigation business:
(1) Submission of an application on form DH 1749, Application for Certification as a Radon Business (11/15) (incorporated in Fl. Admin. Code R. 64E-5.1206), and a nonrefundable application and certification fee from the following schedule:
Application request received on or before June 30, 2016:
$450.00
Application request received on or after July 1, 2016:
$525.00
(2) Identification of all mitigation materials and systems offered, diagnostic tests performed, and other related services offered.
(3) Identification of the certified radon mitigation specialists and certified radon mitigation technicians to be used by the business.
(4) If a certified radon mitigation business loses its certified radon mitigation specialist, the certified radon mitigation business shall notify the department in writing within 5 business days. The certified radon mitigation business shall obtain another certified radon mitigation specialist within 30 days of the loss.
(5) Identification of procedures and instrumentation used to perform diagnostic tests.
(6) Disclosure of all reporting forms and system operating instructions provided to clients.
(7) Disclosure of copies of current publications and advertisements of radon-related services made by the applicant.
(8) Development, disclosure and adherence to a health and safety program to limit employees’ exposure to radon progeny during the course of their employment. Such a program shall include measures to keep each employee’s exposure, which shall not exceed 4 working level months per year, as low as reasonably achievable. The certified radon mitigation business shall maintain records showing the radiation exposures of all individuals for whom personnel monitoring is required. Such records shall be kept on form DH 1834, Working Level Month Exposure Form (11/15) (incorporated in Fl. Admin. Code R. 64E-5.1206), or on clear and legible records containing all the information required by that form. Records shall be maintained in working level months showing the results of exposure during radon mitigation activities and shall be preserved for 20 years. The discontinuance or curtailment of activities does not relieve the certified business of responsibility for retaining all radiation exposure records.
(9) The certified radon mitigation business shall maintain on staff or retain as a consultant a certified radon mitigation specialist. The certified radon mitigation specialist shall monitor the applicant’s mitigation activities, ensure compliance with state and federal regulations and be responsible for evaluating diagnostic tests in a building and designing mitigation systems. The certified radon mitigation specialist shall be present when requested by the department during scheduled visits by the department and shall physically observe and evaluate each certified radon mitigation technician in the performance of his mitigation duties at least once each calendar quarter to insure adequate supervision. A record of this evaluation shall be signed by the specialist and maintained on file by the business. If the mitigation reports submitted to meet the requirements of Fl. Admin. Code R. 64E-5.1203(4)(d), show that no diagnostics or mitigation installations were performed during an entire calendar quarter by any of the certified radon mitigation technicians working for a certified radon mitigation business, the visit, observations and evaluations by the specialist are not required for that quarter. The quarterly visit, observations and evaluations by the specialist must be resumed within the same quarter in which diagnostic or mitigation activities are resumed. The interval between visits, observations and evaluations by the specialist shall not exceed 1 year.
(10) The certified radon mitigation business shall assure that radon mitigation system installations are performed under the direct supervision of a certified radon mitigation specialist or certified radon mitigation technician. A certified radon mitigation business may contract with a non-certified business to perform mitigation installation provided that work performed by non-certified persons is under the direct supervision of a certified radon mitigation specialist or certified radon mitigation technician.
(11) The certified mitigation business shall install radon mitigation systems as specified in the Florida Building Code 5th Edition (2014) Residential, Appendix E, “”Florida Standard for Mitigation of Radon in Existing Buildings”” (effective June 1, 1994), or Florida Building Code 5th Edition (2014) Building, Appendix C, “”Florida Standard for Mitigation of Radon in Existing Buildings”” (effective June 1, 1994), which are incorporated by reference. As both appendices have been deemed copyright protected, they are available for inspection at the Department of Health, 4052 Bald Cypress Way, Bin #A-12, Tallahassee, Florida 32399-1720, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.
(12) The certified radon mitigation business shall ensure that each building is measured for radon levels before and after mitigation work is performed. Such measurements shall be of sufficient type, duration and consistency to allow for comparison of before and after mitigation radon levels, shall be performed with devices and methods as specified in subsection 64E-5.1206(2), F.A.C., and shall be performed by a certified measurement business. The post-mitigation measurements shall be started no sooner than 24 hours after the mitigation system is fully operational. The mitigation system shall be operated normally and continuously during the entire measurement period. The results of both the pre-mitigation and the post-mitigation measurements shall be sent to the department as specified in Fl. Admin. Code R. 64E-5.1203(4)(d)
(13) The certified radon mitigation business shall maintain at a minimum the following records for 5 years:
(a) Records of all mitigation work performed, including client name, address, initial and follow-up measurement results, diagnostic test results, a description of each mitigation system and materials installed, cost of each system, post-mitigation measurement methods and results and all pertinent dates.
(b) Records of mitigation plans developed and signed by a certified radon mitigation specialist.
(c) Records of all instrument calibrations and warrantied equipment installed.
(d) Copies of the certification for radon mitigation specialists and radon mitigation technicians employed or used as consultants.
(e) Records of specialist site visits and observations and evaluations of technicians.
(14) The certified radon mitigation specialist or certified radon mitigation technician shall perform a visual inspection and diagnostic tests as appropriate before system installation to determine the appropriate mitigation system to be installed. Observations made during visual inspections shall be documented by the business.
(15) The certified radon mitigation business shall provide the client with the following written information:
(a) Instructions on the operation and maintenance of each component of the mitigation system.
(b) The proper functioning of mitigation equipment.
(c) Information on adverse effects produced by the operation of a mitigation system, including added energy costs.
(d) All warranty or guarantee information on the reduction of the radon level, on the mitgation system and on any separately warranteed or guaranteed system components.
(e) The following statements: “”This notice is provided to you by an organization or individual certified by the Florida Department of Health to perform radon or radon progeny measurements or radon mitigation services. Any questions, comments or complaints regarding the persons performing these measurement or mitigation services may be directed to the Florida Department of Health, Bureau of Environmental Health, Radon and Indoor Air Program, 4052 Bald Cypress Way, Bin #A12, Tallahassee, Florida 32399-1720. 1(800)543-8279.””
(16) Identification of all branch office locations and the certified specialists and technicians at branch locations who will perform mitigation services for the certified business. Branch offices shall identify the name of the certified business on correspondence and reports to clients and shall accept payments in the name of the certified business. The branch office shall be considered a part of the certified business and make reports and follow procedures approved for the certified business.
Rulemaking Authority 404.051, 404.056, 404.071 FS. Law Implemented 404.051, 404.056, 404.071 FS. History-New 1-3-89, Amended 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1310, Amended 3-16-09, 4-13-17.
Terms Used In Florida Regulations 64E-5.1207
- Contract: A legal written agreement that becomes binding when signed.
Application request received on or before June 30, 2016:
$450.00
Application request received on or after July 1, 2016:
$525.00
(2) Identification of all mitigation materials and systems offered, diagnostic tests performed, and other related services offered.
(3) Identification of the certified radon mitigation specialists and certified radon mitigation technicians to be used by the business.
(4) If a certified radon mitigation business loses its certified radon mitigation specialist, the certified radon mitigation business shall notify the department in writing within 5 business days. The certified radon mitigation business shall obtain another certified radon mitigation specialist within 30 days of the loss.
(5) Identification of procedures and instrumentation used to perform diagnostic tests.
(6) Disclosure of all reporting forms and system operating instructions provided to clients.
(7) Disclosure of copies of current publications and advertisements of radon-related services made by the applicant.
(8) Development, disclosure and adherence to a health and safety program to limit employees’ exposure to radon progeny during the course of their employment. Such a program shall include measures to keep each employee’s exposure, which shall not exceed 4 working level months per year, as low as reasonably achievable. The certified radon mitigation business shall maintain records showing the radiation exposures of all individuals for whom personnel monitoring is required. Such records shall be kept on form DH 1834, Working Level Month Exposure Form (11/15) (incorporated in Fl. Admin. Code R. 64E-5.1206), or on clear and legible records containing all the information required by that form. Records shall be maintained in working level months showing the results of exposure during radon mitigation activities and shall be preserved for 20 years. The discontinuance or curtailment of activities does not relieve the certified business of responsibility for retaining all radiation exposure records.
(9) The certified radon mitigation business shall maintain on staff or retain as a consultant a certified radon mitigation specialist. The certified radon mitigation specialist shall monitor the applicant’s mitigation activities, ensure compliance with state and federal regulations and be responsible for evaluating diagnostic tests in a building and designing mitigation systems. The certified radon mitigation specialist shall be present when requested by the department during scheduled visits by the department and shall physically observe and evaluate each certified radon mitigation technician in the performance of his mitigation duties at least once each calendar quarter to insure adequate supervision. A record of this evaluation shall be signed by the specialist and maintained on file by the business. If the mitigation reports submitted to meet the requirements of Fl. Admin. Code R. 64E-5.1203(4)(d), show that no diagnostics or mitigation installations were performed during an entire calendar quarter by any of the certified radon mitigation technicians working for a certified radon mitigation business, the visit, observations and evaluations by the specialist are not required for that quarter. The quarterly visit, observations and evaluations by the specialist must be resumed within the same quarter in which diagnostic or mitigation activities are resumed. The interval between visits, observations and evaluations by the specialist shall not exceed 1 year.
(10) The certified radon mitigation business shall assure that radon mitigation system installations are performed under the direct supervision of a certified radon mitigation specialist or certified radon mitigation technician. A certified radon mitigation business may contract with a non-certified business to perform mitigation installation provided that work performed by non-certified persons is under the direct supervision of a certified radon mitigation specialist or certified radon mitigation technician.
(11) The certified mitigation business shall install radon mitigation systems as specified in the Florida Building Code 5th Edition (2014) Residential, Appendix E, “”Florida Standard for Mitigation of Radon in Existing Buildings”” (effective June 1, 1994), or Florida Building Code 5th Edition (2014) Building, Appendix C, “”Florida Standard for Mitigation of Radon in Existing Buildings”” (effective June 1, 1994), which are incorporated by reference. As both appendices have been deemed copyright protected, they are available for inspection at the Department of Health, 4052 Bald Cypress Way, Bin #A-12, Tallahassee, Florida 32399-1720, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.
(12) The certified radon mitigation business shall ensure that each building is measured for radon levels before and after mitigation work is performed. Such measurements shall be of sufficient type, duration and consistency to allow for comparison of before and after mitigation radon levels, shall be performed with devices and methods as specified in subsection 64E-5.1206(2), F.A.C., and shall be performed by a certified measurement business. The post-mitigation measurements shall be started no sooner than 24 hours after the mitigation system is fully operational. The mitigation system shall be operated normally and continuously during the entire measurement period. The results of both the pre-mitigation and the post-mitigation measurements shall be sent to the department as specified in Fl. Admin. Code R. 64E-5.1203(4)(d)
(13) The certified radon mitigation business shall maintain at a minimum the following records for 5 years:
(a) Records of all mitigation work performed, including client name, address, initial and follow-up measurement results, diagnostic test results, a description of each mitigation system and materials installed, cost of each system, post-mitigation measurement methods and results and all pertinent dates.
(b) Records of mitigation plans developed and signed by a certified radon mitigation specialist.
(c) Records of all instrument calibrations and warrantied equipment installed.
(d) Copies of the certification for radon mitigation specialists and radon mitigation technicians employed or used as consultants.
(e) Records of specialist site visits and observations and evaluations of technicians.
(14) The certified radon mitigation specialist or certified radon mitigation technician shall perform a visual inspection and diagnostic tests as appropriate before system installation to determine the appropriate mitigation system to be installed. Observations made during visual inspections shall be documented by the business.
(15) The certified radon mitigation business shall provide the client with the following written information:
(a) Instructions on the operation and maintenance of each component of the mitigation system.
(b) The proper functioning of mitigation equipment.
(c) Information on adverse effects produced by the operation of a mitigation system, including added energy costs.
(d) All warranty or guarantee information on the reduction of the radon level, on the mitgation system and on any separately warranteed or guaranteed system components.
(e) The following statements: “”This notice is provided to you by an organization or individual certified by the Florida Department of Health to perform radon or radon progeny measurements or radon mitigation services. Any questions, comments or complaints regarding the persons performing these measurement or mitigation services may be directed to the Florida Department of Health, Bureau of Environmental Health, Radon and Indoor Air Program, 4052 Bald Cypress Way, Bin #A12, Tallahassee, Florida 32399-1720. 1(800)543-8279.””
(16) Identification of all branch office locations and the certified specialists and technicians at branch locations who will perform mitigation services for the certified business. Branch offices shall identify the name of the certified business on correspondence and reports to clients and shall accept payments in the name of the certified business. The branch office shall be considered a part of the certified business and make reports and follow procedures approved for the certified business.
Rulemaking Authority 404.051, 404.056, 404.071 FS. Law Implemented 404.051, 404.056, 404.071 FS. History-New 1-3-89, Amended 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1310, Amended 3-16-09, 4-13-17.