3723.09 Adoption of rules.

3723.09 Adoption of rules.

(A) To protect the health of individuals inhabiting, occupying, or frequenting buildings, the public health council shall adopt rules to implement the requirements of this chapter. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The public health council shall adopt rules establishing criteria and procedures to be followed by the director of health in issuing and renewing licenses under section 3723.06 of the Revised Code to radon testers, mitigation specialists, and mitigation contractors. The rules may require that all applicants for licensure as a radon tester or mitigation specialist pass an examination. If an examination is required, the rules may require applicants to pass an examination conducted by the department or an appropriate examination conducted by the United States environmental protection agency.

(C) The public health council shall adopt rules establishing criteria and procedures to be followed by the director of health in approving training courses under section 3723.07 of the Revised Code. The rules may require that participants in training courses pass an examination conducted by the operator of the course and may require that the examinations be approved by the director of health.

(D) The public health council shall adopt rules establishing criteria and procedures to be followed by the director of health in approving radon laboratories under section 3723.07 of the Revised Code.

(E) The public health council shall adopt rules establishing reasonable fees for licenses, license renewals, radon laboratory approvals, and training course approvals.

(F) The public health council shall adopt rules establishing standards to be followed by licensed radon testers, mitigation specialists, and mitigation contractors for the prevention of hazards to the public health, including standards for worker protection, record keeping, and training of employees of licensed radon mitigation contractors.

(G) The public health council shall adopt rules establishing procedures to be followed by any individual, business entity, or government entity licensed by another state to practice as a radon tester, mitigation specialist, or mitigation contractor in providing notice to the director of health prior to commencing practice in this state pursuant to section 3723.03 of the Revised Code.

(H) The public health council may adopt rules that require licensed radon testers and mitigation specialists to report to the director of health, by street address, radon test results that indicate the presence of radon at a level considered to be dangerous as determined by the council. The rules may require the reporting of screening measurements, follow-up measurements, post-mitigation measurements, and, if it is known that radon mitigation has been performed, the methods of mitigation that were used. Any information required to be reported to the director under these rules is not a public record under section 149.43 of the Revised Code, and shall not be released except in aggregate statistical form.

Effective Date: 07-24-1990