PRINTER'S NO. 560
No. 510 Session of 1987
INTRODUCED BY ANGSTADT, REBER, CALTAGIRONE, ARGALL, RYBAK,
SCHULER, DAVIES, SEMMEL, TRELLO, NOYE, PHILLIPS,
J. L. WRIGHT, KUKOVICH, FREEMAN, GRUPPO, HECKLER, DISTLER,
B. SMITH, WOGAN, CARLSON, D. W. SNYDER, BUNT, SAURMAN,
JOHNSON, FOX, LEH, BOYES, MOWERY AND HERMAN, MARCH 2, 1987
REFERRED TO COMMITTEE ON CONSERVATION, MARCH 2, 1987
AN ACT
1 Providing for certification of persons who perform radon testing
2 and radon remediation; providing for the confidentiality of
3 certain data; imposing penalties; and making an
4 appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Legislative findings and intent.
8 Section 3. Definitions.
9 Section 4. Program for certification of persons who test for
10 radon.
11 Section 5. Program for certification of persons who mitigate the
12 presence of radon.
13 Section 6. Certification required for testing and mitigation.
14 Section 7. Right of confidentiality.
15 Section 8. Disclosure of information to the department.
16 Section 9. Fees.
17 Section 10. Confidentiality of data.
1 Section 11. Employment of trained persons.
2 Section 12. Interim certification.
3 Section 13. Additional powers of the department.
4 Section 14. Rules and regulations.
5 Section 15. Penalties.
6 Section 16. Appropriation.
7 Section 17. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Radon
12 Certification Act.
13 Section 2. Legislative findings and intent.
14 (a) Findings.--The General Assembly finds and declares as
15 follows:
16 (1) Radon levels in public and private buildings can
17 present a significant health risk to the occupants.
18 (2) Property owners in affected areas should have their
19 residences and other buildings tested for radon levels.
20 (3) Property owners do contract for measures to test and
21 to reduce levels in specific buildings.
22 (4) Private consultants and firms do perform radon
23 testing or remedial work or radon testing and remedial work.
24 (5) There is a need to assure property owners that the
25 consultants and firms are qualified to perform the services.
26 (b) Intent.--It is the intention of the General Assembly and
27 the purpose of this act to protect property owners from
28 unqualified or unscrupulous consultants and firms by requiring
29 the Department of Environmental Resources to establish and carry
30 out a program of certification of persons who perform radon
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1 progeny testing or carry out remedial radon measures.
2 Section 3. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Department." The Department of Environmental Resources of
7 the Commonwealth.
8 Section 4. Program for certification of persons who test for
9 radon.
10 The department shall, within 90 days of the effective date of
11 this act, submit proposed regulations to establish a program for
12 the certification of persons who test for the presence of radon
13 gas and radon progeny in buildings.
14 Section 5. Program for certification of persons who mitigate the
15 presence of radon.
16 The department shall, within 90 days of the effective date of
17 this act, submit proposed regulations to establish a program for
18 the certification of persons who mitigate, and safeguard
19 buildings from, the presence of radon gas and radon progeny.
20 Section 6. Certification required for testing and mitigation.
21 (a) General rule.--Beginning 60 days after the establishment
22 of the interim certification program by the department under
23 section 12, no person who is not certified under section 12, or
24 who is not certified under section 4 or 5 after certification
25 programs are established under these sections, shall test for,
26 mitigate or safeguard a building from the presence of radon gas
27 and radon progeny.
28 (b) Exception.--Subsection (a) shall not apply to a person
29 performing testing or mitigation on a building which he owns or
30 to a person performing testing or mitigation without
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1 remuneration.
2 Section 7. Right of confidentiality.
3 (a) General rule.--No person shall disclose to any person,
4 except to the department, the address or owner of a nonpublic
5 building that the person tested or treated for the presence of
6 radon gas and radon progeny, unless the owner of the building
7 waives, in writing, the right to have the information remain
8 confidential.
9 (b) Exception.--Subsection (a) shall not apply to a person
10 performing testing or treatment on a building which he owns.
11 Section 8. Disclosure of information to the department.
12 A person certified under sections 4, 5 and 12 to provide
13 testing or mitigation services shall, within 45 days of the date
14 the services are provided, disclose to the department the
15 address or location of the building, the name of the owner of
16 the building where the services were provided and the results of
17 any tests performed.
18 Section 9. Fees.
19 The department shall, by regulation, establish a fee schedule
20 to cover the costs of the certification programs established
21 under sections 4, 5 and 12. The fees collected shall be placed
22 in the Radiation Protection Fund established under section 403
23 of the act of July 10, 1984 (P.L.688, No.147), known as the
24 Radiation Protection Act.
25 Section 10. Confidentiality of data.
26 Except for use in conducting legitimate scientific studies,
27 as determined by the department, data relating to individuals
28 and data relating to radon gas and radon progeny contamination
29 at nonpublic properties, including residential dwellings,
30 gathered under this act shall be considered confidential by the
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1 department. The department shall not release the data in its
2 possession to anyone other than the owner of the property.
3 Section 11. Employment of trained persons.
4 The department is authorized to employ persons with training
5 necessary to implement the provisions of this act.
6 Section 12. Interim certification.
7 The department shall, at the time of submission of proposed
8 regulations, establish an interim certification program based
9 upon the proposed regulations. All persons subject to the
10 proposed regulations shall apply to the department for interim
11 certification until the permanent program is implemented. The
12 department shall use the proposed regulations as guidance for
13 interim certification.
14 Section 13. Additional powers of the department.
15 In addition to the powers and duties provided for in this
16 act, the department shall have the powers conferred and duties
17 imposed under applicable provisions of the act of July 10, 1984
18 (P.L.688, No.147), known as the Radiation Protection Act and
19 regulations promulgated under that act.
20 Section 14. Rules and regulations.
21 The department shall adopt rules and regulations to
22 administer and enforce this act. The rules and regulations shall
23 include, but not be limited to, provisions relating to the
24 following subjects:
25 (1) Qualifications and minimum experience requirements.
26 (2) Proficiency testing.
27 (3) Periodic recertification.
28 (4) Measures for decertification.
29 (5) Truth in advertising requirements.
30 Section 15. Penalties.
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1 A person who violates section 6 of this act, or any rule or
2 regulation adopted under section 6, commits a misdemeanor of the
3 third degree. A person who violates section 7 of this act, or
4 any rule or regulation adopted under section 7, commits a
5 summary offense. Any person who fails to disclose the
6 information required under section 8 commits a summary offense.
7 Section 16. Appropriation.
8 The sum of $100,000, or as much thereof as may be necessary,
9 is hereby appropriated to the Department of Environmental
10 Resources to implement this act.
11 Section 17. Effective date.
12 This act shall take effect immediately.
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