HB 881 -- Missouri Radon Certification Program

Sponsor:  Atkins

This bill establishes the Missouri Radon Certification Program
within the Department of Health and Senior Services to certify
and register providers of radon services.  In its main
provisions, the bill:

(1)  Prohibits a person or business from providing radon services
in the state unless he or she complies with the provisions of the
bill.  Anyone who violates a provision will be guilty of a
misdemeanor and subject to a fine of up to $1,000 for each
violation;

(2)  Exempts from the provisions of the bill anyone testing for
or mitigating radon in a building that he or she owns; anyone
designing mitigation plans for radon resistant new construction;
state officials conducting tests in state facilities, public
schools, and other state-funded buildings; and anyone performing
scientific research regarding testing or mitigation of radon if
he or she notifies the building's owner and occupant of certain
specified information;

(3)  Requires, beginning January 1, 2012, anyone providing radon
services for the measurement or mitigation of the presence of
radon to be nationally certified and certified by the department.
To obtain certification, an applicant must:

(a)  Be qualified to perform the services for which he or she is
seeking certification, including the required training and
experience;

(b)  Have successfully completed the National Environmental
Health Association's National Radon Proficiency Program (NEHA
NRPP) or the National Radon Safety Board's Certified Radon
Professional Program (NRSB CRPP) for the services which the
applicant is seeking certification; and

(c)  Provide continued verification of the required credentials
that are current and that the certification has not been
suspended, expired, or revoked.  Any person whose national
certification has been suspended, expired, or revoked will also
have his or her state certification suspended or revoked;

(4)  Requires national protocols to be used during the deployment
of radon measurement and mitigation activities.  A radon service
provider must use the protocols of the national organization from
which he or she completed the certification exam;

(5)  Requires the most current version of the American Society
for Testing Materials (ASTM) Standard E2121 to be used when
discrepancies exist between the radon mitigation system
configurations and the deployment.  When discrepancies exist
between the national protocols and local codes and regulations,
the local codes and regulations will take precedence, except in
regard to alterations to a system which may adversely impact the
system's performance to reduce radon levels for which the system
was originally designed;

(6)  Requires a radon service provider applicant to complete the
specified requirements in order to be certified.  If a disruption
in a provider's national accreditation status occurs, the
provider must report it to the department within 15 days;

(7)  Requires an analytical laboratory to meet the requirements
for certification with the NEHA NRPP and have a responsible party
who is certified through the NEHA or the NRSB as a residential
measurement provider;

(8)  Requires the department to maintain a list of certified
radon service providers and make it available to the public and
the Missouri Real Estate Commission within the Department of
Insurance, Financial Institutions and Professional Registration
for dissemination and communication with its members, realtors,
consultants, and constituents;

(9)  Requires a radon mitigation provider to include a statement
in all contracts for the installation of a mitigation system that
a system should be tested by an independent radon measurement
professional and should occur between 24 hours and 30 days after
the system has been installed.  A radon mitigation provider may
provide a short- or long-term radon testing kit to the client to
meet the independent radon measurement post-mitigation test
requirement if the test results are analyzed by an independent,
qualified radon laboratory.  If the requirement for independent
post-mitigation testing is waived, the client must sign the
contract agreeing to waive this requirement;

(10)  Requires every individual and business providing radon
services in Missouri to complete the continuing education
requirements of the national organizations and to complete two or
more continuing education hours promoting radon awareness to the
citizens of Missouri;

(11)  Allows applications for state radon services to be
submitted at any time.  If an applicant meets all of the
requirements, the department must review the application and
validate the supportive documents, including the applicant's
national accreditation.  The renewal of state certification must
coincide with the provider's national accreditation period;

(12)  Requires every radon service provider to retain copies of
certain specified records for five years.  The records may be in
paper or electronic form.  The department may require copies of
any or all records maintained by the provider at any time; may
require statistical information on a periodic basis; or may make
random documentation audits, schedule on-site visits, or request
to accompany a service provider while performing any radon
measurement or mitigation activities.  Failure to comply or
cooperate with a documentation request from the department can
result in the suspension or revocation of a provider's state
certification status;

(13)  Allows a provider residing outside the state who holds a
national radon measurement or mitigation certification to apply
for state certification; and

(14)  Specifies the procedures to be taken when a complaint is
filed with the department against a state-certified radon service
provider.  If repeated complaints with merit are filed against a
provider, the department must notify the national certifying
organization to assess disciplinary action up to and including
revoking state certification and requesting revocation of the
provider's national certification.

Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:26 pm