9 NYCRR Part 7930 - Executive Department

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Source version current through May 15, 2022

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9 NYCRR 7930.1 - Purpose of rules

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The purpose of these rules is to establish criteria for Radon Assessment Specialists (RASs) who shall be eligible to provide radon diagnostic services under the Radon Diagnosis Assistance Program. Under this program, eligible homeowners with elevated levels of radon may receive financial assistance from the State Department of Health for the performance of radon diagnostic services and the preparation of specifications for appropriate mitigation measures in one-to-four family residences, where such services are provided by RASs listed by the New York State Energy Office (SEO) in accordance with the rules set forth in this Part.

9 NYCRR 7930.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

As used in this Part:

(a)Radon testing shall mean the performance of screening or follow-up testing for radon.

(b)Radon assessment shall mean the performance of investigatory procedures to determine radon entry points and design appropriate mitigation systems.

(c)Radon mitigation shall mean the installation of materials or equipment to reduce indoor radon.

(d)Radon assessment specialist shall mean a person who meets the criteria established herein.

9 NYCRR 7930.3 - Applicant requirements

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

To be eligible to participate in the Radon Diagnostic Assistance Program, each Radon Assessment Specialist applicant shall meet the following requirements:

(a)Education.

The applicant shall have either:

(1)a Bachelor's Degree from an accredited institution with a minimum of 30 credit hours in science, engineering, architecture, building sciences or a related discipline determined to be acceptable by SEO; or

(2)four years experience in radon testing, assessment or mitigation, building sciences, radiation, or a related field determined to be acceptable by SEO; or

(3)a combination of education and experience totalling four years which SEO determines to be acceptable, provided that for each year of education, the applicant must have a minimum of six credit hours in science, engineering, architecture, building sciences or a related discipline; and

(b)Field experience.

The applicant shall have a minimum of 100 hours of field experience designing and/or installing radon mitigation systems in buildings. The work experience from paragraph (a)(2) or (3) of this section may be applied to satisfy this requirement; and

(c)Training.

The applicant shall have successfully completed either:

(1)the SEO three-day “Reducing Indoor Radon” workshop and the SEO two-day radon field workshop; or

(2)the Environmental Protection Agency (EPA) four-day “Radon Technology for Mitigators” course; or

(3)other radon training courses which are determined by SEO to be equivalent; and

(d)Radon contractor proficiency.

The applicant shall have passed the EPA Radon Contractor Proficiency Program Examination and be currently included on EPA's Radon Contractor Proficiency (RCP) list, or be eligible for inclusion on the next RCP list.

9 NYCRR 7930.4 - Application process

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

An individual seeking to become an RAS shall submit an application form to SEO. Such application shall contain statements concerning the applicant's education, experience, training, the results of the EPA RCP Program Exam and status of the applicant's RCP listing, and any other information deemed necessary by SEO. SEO shall notify all applicants whether they meet the criteria for inclusion on the RAS list.

9 NYCRR 7930.5 - Listing of radon assessment specialists

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)SEO shall publish a list of individuals who have filed a complete application and who meet the requirements set forth in section 7930.3 of this Part.

(b)To remain on the list, an RAS shall be required to respond to an annual survey concerning services he or she offers.

(c)The list of RASs shall be reviewed and updated by SEO on a quarterly basis.

(d)SEO may remove a name from the list of RASs for reasons including, but not limited to, materially misstating information regarding the requirements listed in section 7930.3 of this Part, failure to follow Radon Contractor Proficiency Program Radon Mitigation Guidelines as set forth by the EPA¹, failure to maintain EPA's Radon Contractor Proficiency Listing, or failure to respond to the Annual Survey required by subdivision (b) of this section.

(e)Inclusion on SEO's list does not guarantee participation in the Radon Diagnosis Assistance Program. The Department of Health shall exercise oversight over the program and may decline to contract with RASs who do not meet their program guidelines or who fail to provide services in a workmanlike manner.

(f)In order to be selected to provide services under this program, an RAS must be on SEO's most current RAS list and under contract to the Department of Health for the purposes of this program.

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