Chapter 142

2007 -- H 5735 SUBSTITUTE B

Enacted 06/28/07

A N A C T

RELATING TO HEALTH AND SAFETY -- RADON CONTROL

Introduced By: Representative Peter F. Kilmartin

Date Introduced: February 28, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-61-5 of the General Laws in Chapter 23-61 entitled "Radon

Control" is hereby amended to read as follows:

23-61-5. Licensing and certification. -- (a) All persons providing or offering to provide

the following services must be certified or licensed in accordance with regulations adopted

pursuant to the authority conferred by this chapter:

      (1) Screening sampling/testing of air for radon/radon progeny;

      (2) Diagnostic sampling/testing of air for radon/radon progeny;

      (3) Mitigation planning services for radon/radon progeny;

      (4) Training courses offered for the purpose of meeting any of the licensing and/or

certification requirements mandated by this chapter.

      (b) The director may assess fees for licenses and certifications issued in accordance with

regulations promulgated pursuant to the authority conferred by this section, provided that those

fees are assessed only after procedures in accordance with chapter 35 of title 42 have been

followed. The fees collected shall be deposited in a restricted receipt account as provided for

under section 23-61-8 of this chapter.

(c) Any person, firm, corporation, or other entity who shall perform or otherwise engage

in:

(1) screening sampling/testing of air for radon/radon progeny;

(2) diagnostic sampling testing of air for radon/radon progeny;

(3) mitigation planning services for radon/radon progeny; or

(4) training courses offered for the purpose of meeting any of the licensing and/or

certification requirements mandated by this chapter:

(i) without a license shall be fined five hundred dollars ($500) for each offense and shall

be ordered to forfeit all fees derived from such activity for the first offense and shall be fined one

thousand dollars ($1,000) for the second and each subsequent offense and shall be ordered to

forfeit all fees derived from such activity on the second and subsequent offenses. The attorney

general is authorized to pursue forfeiture actions against all violators and also to apply for and

obtain injunctive relief against continuing violations of this section.

(d) All fines and all fees that have been forfeited under this section shall be placed in the

state general fund.

(e) The requirements of this section shall not apply to: (a) those individuals testing or

mitigating a private residence owned or leased by the individual who is performing the testing or

mitigation; or (b) any individual testing their own living area.

     SECTION 2. This act shall take effect upon passage.

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LC00857/SUB B

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