§ 23-61-7 - Radon inspections.
SECTION 23-61-7
§ 23-61-7 Radon inspections. – (a) The director, or his or her designee, is authorized to inspect any publicor high priority building, during business hours, or by appointment at anothertime agreed to by the inspector and the owner, occupant or other person incharge of the building. The owner, occupant or other person in charge of thebuilding shall, upon presentation of proper identification by the stateinspector, for the limited purpose of inspection for elevated radon/radonprogeny levels, grant the inspector entry and free access to every part of thebuilding where elevated radon/radon progeny levels may pose a hazard. If anyowner, occupant or other person in charge of the building fails or refuses topermit such access and entry to the building under his or her control, or anypart thereof, the state inspector may, upon showing that probable cause existsfor the inspection and for the issuance of a court order directing compliancewith the inspection requirements of this section, petition and obtain an orderfrom a court of competent jurisdiction. Any person refusing to comply with anorder issued pursuant to this section shall be subject to such penalties as maybe authorized by law for violation of a court order.
(b) The director shall establish regulations requiring theevaluation of all public and high priority buildings for elevated levels ofradon/radon progeny and/or adequacy of any radon/radon progeny mitigationactivities. The regulations shall require that:
(1) Evaluations be performed by a person licensed orcertified in accordance with this chapter;
(2) Results of the evaluations be submitted promptly to thedirector;
(3) The director shall provide written notice to the buildingowner when an evaluation indicates that indoor radon or radon progeny levelsexceed a standard or guideline established by the director and/or anyradon/radon progeny mitigation activities appear to be inadequate. The noticeshall include the results of the evaluation and shall require that appropriatemitigation measures be taken to reduce radon/radon progeny levels to meet thestandard or guideline within a time frame established by the director.
(4) Once written notice has been provided to the buildingowner, the director or his or her designee shall inspect the building at anyreasonable time for the purpose of reviewing the implementation of aradon/radon progeny mitigation activity subject to § 23-61-5.