5878702 Energy and Environment, Department of - Notice of Proposed Rulemaking - Radon Contractor Proficiency Requirements

DEPARTMENT OF energy and ENVIRONMENT

 

NOTICE OF PROPOSED RULEMAKING

 

Radon Contractor Proficiency Requirements

 

The Director of the Department of Energy and Environment (DOEE or Department), pursuant to the authority set forth in Section 2(b) of the Radon Contractor Proficiency Act of 1992, effective March 13, 1993 (D.C. Law 9-183; D.C. Official Code § 28-4202 (2013 Repl. & 2015 Supp.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl. & 2015 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to adopt amendments to Chapter 32 (Mold Licensure and Certification)) of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. 

 

This rulemaking implements the provisions of the Act by setting radon proficiency requirements for all professionals who perform radon screening, testing or remediation in the District of Columbia. The purpose of the Act and these regulations is to ensure a fundamental level of competence in the performance of radon-related activities. 

 

The rulemaking describes the criteria by which the Department may recognize the certification of an independent body as the basis to perform radon services granted by the District. The Department will recognize certification from the American Association of Radon Scientists and Technologists – National Radon Proficiency Program (AARST-NRPP) or the National Radon Safety Board, or their successor organizations based on these criteria.

 

Pursuant to Section 2(b) of The Radon Contractor Proficiency Act of 1992 (Act), these rules shall not become effective until approved by the Council of the District of Columbia, or forty-five (45) days after submission to the Council, not including Saturdays, Sundays, legal holidays, and days of Council recess, if the Council has not disapproved these rules.

 

Chapter 32, Mold Licensure and Certification, of Title 20 DCMR, ENVIRONMENT, is amended as follows:

 

By amending the chapter heading to:

 

Chapter 32     MOLD AND RADON LICENSURE AND CERTIFICATION

 

By adding a new Section 3250 as follows:

 

3250                proficiency requirements for radon professionals

 

3250.1             No person or company shall conduct or offer to conduct radon screening, testing or mitigation in the District for a fee unless that person is currently certified as proficient by the American Association of Radon Scientists and Technologists, Inc.  - National Radon Proficiency Program (AARST-NRPP) or the National Radon Safety Board (NRSB), or their successor organizations, or in the case of a company, employs at least one person who is certified by the AARTS-NRPP, NRSB, or their successor organizations.

 

3250.2             No person or company shall use the name or title of “professional,” “certified,” or any other term that communicates a level of expertise in radon screening, testing or remediation, unless that person is certified as proficient under § 3250.1, or in the case of a company, employs at least one person who is certified as proficient under § 3250.1.

 

3250.3             All persons using such names or titles as referenced in § 3250.2 or conducting such activities as listed in § 3350.1 shall provide to the Department their name and AARST-NRPP or NRSB issued certification or identification number upon request.

 

3250.4             All companies using such names or titles as referenced in § 3250.2 or conducting such activities as listed in § 3250.1 shall provide to the Department the name and AARST-NRPP or NRSB issued certification or identification number of each of its employees that perform the activities listed under § 3250.2 upon request.

 

 

Please direct all comments on these proposed rules, in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register care of “Radon Proficiency Regulations,” Department of Energy and Environment, 1200 First Street NE, 5th Floor, Washington D.C. 20002, by U.S. mail, or via email at [e-mail]. Copies of the proposed rule may be obtained between the hours of 9:00 a.m. and 5:00 p.m. at the address listed above and at http://doee.dc.gov/service/public-notices-hearings.