6126731 Energy and Environment, Department of - Notice of Final Rulemaking - Radon Contractor Proficiency Requirements

DEPARTMENT OF energy and ENVIRONMENT

 

NOTICE OF FINAL 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. & 2016 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. & 2016 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, hereby amends Chapter 32 (Mold Licensure and Certification)) of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR). 

 

The final 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.

 

The Department published a notice of Proposed Rulemaking in the D.C. Register on February 26, 2016 at 63 DCR 002251.  The Department did not receive any comments on the proposed rulemaking and made no changes to the Proposed Rulemaking. This rulemaking was submitted to the Council of the District of Columbia (Council) for a review period of forty-five (45) days. The Proposed Resolution of Approval for the Notice of Final Rulemaking was introduced in the Council on April 21, 2016, and was deemed passively approved on July 13, 2016.

 

The rules were adopted as final on April 1, 2016 and will become effective upon publication of this notice in the D.C. Register.

 

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

 

The title of Chapter 32 is amended to read as follows:

 

CHAPTER 32           MOLD AND RADON LICENSURE AND CERTIFICATION

 

A new Section 3250 is added to read 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.