Modify rule language to conform to statutory requirements; obsolete language will be deleted. Update of fee schedules delaying implementation of fee increase, update department requirements, definitions, forms and publications related to ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.: RULE TITLE:

64E-5.1203 General Provisions

64E-5.1204  Certification Requirements for Radon Measurement Specialists and Technicians

64E-5.1205 Certification Requirements for Radon Mitigation Specialists and Technicians

64E-5.1206 Certification Requirements for Radon Measurement Businesses

64E-5.1207 Certification Requirements for Radon Mitigation Businesses

64E-5.1208: Measurement Requirements and Procedures

PURPOSE AND EFFECT: Modify rule language to conform to statutory requirements; obsolete language will be deleted. Update of fee schedules delaying implementation of fee increase, update department requirements, definitions, forms and publications related to certification and standards for radon measurement and radon mitigation personnel and businesses. Updates and clarification of reporting requirements for radon measurement and mitigation personnel and businesses.

SUMMARY: The rule amendment updates department forms, recordkeeping and reporting requirements; updates fees and deletes obsolete language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist analysis, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 404.051, 404.056, 404.071 FS.

LAW IMPLEMENTED: 404.022, 404.051, (1), (4), (7), 404.056, (1), (5), (7), (9), 404.071 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jorge Laguna, 4052 Bald Cypress Way, Bin A-08, Tallahassee, FL 32399-1720, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-5.1203 General Provisions.

(1) Beginning January 1, 1989, Nno person may test for or mitigate the presence of radon in Florida for a fee or other remuneration unless such person has been certified as provided by this part. These regulations in no way exempt any person from other state and local occupational licensure requirements.

(2) through (3) No change.

(4) Requirements for continued certification shall include the following conditions:

(a) No change.

(b) The certified person or business shall allow authorized representatives of the department to have access during normal business hours to his facilities, offices and files for inspection and examination of radon-related records, measurement procedures and mitigation system design and installations. The certified person or business shall identify the location and also allow authorized representatives of the department to inspect all locations where the certified person or business has conducted or contracted for the on site radon measurement or mitigation activities.

(c) The certified person or business following changes shall report the following changes be reported in writing to the department within 10 business days of the change: changes to the name or address of a certified individual or business; changes in the information provided with the original business application, including changes in certified personnel; changes in analytical service providers used; changes in measurement, mitigation or analytical service USEPA proficiency status; and changes to the measurement or mitigation methods used. New measurement methods shall comply with the Quality Assurance Plan requirements specified in subsection 64E-5.1206(5), F.A.C.

(d) The certified business shall provide radon activity reports to the department by the 15th of each month for the previous month.

1. Reports from a certified radon measurement business shall include building information, the name of the person performing the measurements and the results of all available radon and radon progeny measurements taken during the previous month which are not otherwise reported as specified in rule 64E-5.1208, F.A.C. If no measurements were taken during a month, the report shall indicate none were taken. Data shall be submitted on form DH1750, Monthly Report for Certified Radon Businesses, Residential Measurement Report (11/15), or form DH1833, Monthly Report for Certified Radon Businesses, Nonresidential Measurement Report (11/15), incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, respectively.

2. A certified radon mitigation business shall include building information on all radon mitigation work completed during the previous month, the name of the certified radon measurement business and individual performing the pre-mitigation and post-mitigation radon and radon progeny measurements, and the measurement results. If no radon mitigations were completed or performed during a calendar month, the report shall indicate none were completed or performed. Unless otherwise reported as a completed project, for all in-progress mitigation projects not completed within 30 days of initiation of the mitigation, the certified radon mitigation business shall file a report with the department by the 15th day of the first calendar month that begins on or after the end of the 30 days. This report shall include building location information and anticipated date of mitigation completion. Reports of completed radon mitigations shall be submitted on form DH1753, Monthly Report for Certified Radon Businesses, Radon Mitigation Report (11/15), while reports of in progress radon mitigation projects shall be submitted on form DH8002-DCHP, Notice of in Progress Radon Mitigation System Installation (02/16), incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, respectively. Mitigation businesses are not required to file more than one form DH 1753 on the same completed project.

(5) through (6) No change.

(7)(a) A request for annual certification renewal shall be submitted with a nonrefundable renewal fee. For renewal requests received prior to expiration of the certification, the fee schedule set forth in this part will apply. For renewal requests received after certification has expired, the fee schedule for application and certification will apply. A certification renewal shall be issued or denied according to the criteria set forth in this part.

(b) Annual certification renewal fee schedule:

1. Radon Measurement or Mitigation Business

Renewal request received on or before June 30, 2009:                                                                                    $200

Renewal request received between July 1, 2009 and June 30, 2010:                                                        $275

Renewal request received between July 1, 2010 and June 30, 2011:                                                        $350

Renewal request received between July 1, 2011 and June 30, 2016 2012:                                                        $425

Renewal request received on or after July 1, 2016 2012:                                                                                    $500

2. Radon Measurement or Mitigation Specialist

Renewal request received on or before June 30, 2009:                                                                                    $200

Renewal request received between July 1, 2009 and June 30, 2010:                                                        $250

Renewal request received between July 1, 2010 and June 30, 2011:                                                        $300

Renewal request received between July 1, 2011 and June 30, 2016 2012:                                                        $350

Renewal request received on or after July 1, 2016 2012:                                                                                    $400

3. Radon Measurement or Mitigation Technician

Renewal request received on or before June 30, 2009:                                                                                    $200

Renewal request received between July 1, 2009 and June 30, 2010:                                                        $225

Renewal request received between July 1, 2010 and June 30, 2011:                                                        $250

Renewal request received between July 1, 2011 and June 30, 2016 2012:                                                        $275

Renewal request received on or after July 1, 2016 2012:                                                                                    $300

(8) through (9) No change.

(10) All applications must should clearly label any information considered trade secrets and must segregate such information from other information as required by Section 119.165, F.S.

(11) The department will approve training courses for certification based upon evaluation of course materials and content. These courses shall meet the following requirements:.

(a) through (d) No change.

(e) Course providers shall send to the department a roster of participants who have attended the entire course within 30 days after each course on form DH Form 1812, Radon Certification Training Roster (11/15), Apr 90 incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and herein incorporated by reference. Providers shall maintain security of attendance records. Course providers shall maintain records of individual courses for 3 years after completion of the course for inspection by the department.

(f) A course provider seeking approval to conduct a radon certification training course shall make application on form DH Form 1813, Application to Become a for Radon Certification Training Course Provider (11/15), Apr 90, available from the department and herein incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####.

(g) through (i) No change.

(j) Approval of a course shall be valid for a period of 24 months. Approval may shall be denied or withdrawn by if the department if determines that the course approval requirements of these rules are not met.

(j) Approval of a course shall be valid for a period of 24 months. Approval may shall be denied or withdrawn by if the department if determines that the course approval requirements of these rules are not met.

Rulemaking Authority 404.051, 404.056 FS. Law Implemented 404.051, 404.056, 404.071 FS. History–New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1304, Amended 3-16-09,            .

 

64E-5.1204 Certification Requirements for Radon Measurement Specialists and Technicians.

(1) The following is required for certification as a radon measurement specialist and measurement technician:

(a) The individual shall submit an application on form DH Form 1751, Application for Certification as Radon Specialist or Technician (11/15), Jan. 93, incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####. The application shall include the nonrefundable application and certification fee according to the fee schedule set forth in this section part and documentation of the applicant’s relevant education and experience, as specified on form DH Form 1751.

(b) No change.

(c) Application and certification fee schedule:

1. Radon Measurement Specialist

Application received on or before June 30, 2009:                                                                                    $200

Application received between July 1, 2009 and June 30, 2010:                                                                      $275

Application received between July 1, 2010 and June 30, 2011:                                                                      $325

Application request received on or before between July 1, 2011 and June 30, 2016 2012:                                          $375

Application request received on or after July 1, 2016 2012:                                                                                    $425

2. Radon Measurement Technician

Application received on or before June 30, 2009:                                                                                    $200

Application received between July 1, 2009 and June 30, 2010:                                                                      $250

Application received between July 1, 2010 and June 30, 2011:                                                                      $275

Application request received on or before between July 1, 2011 and June 30, 2016 2012:                                                                      $300

Application request received on or after July 1, 2016 2012:                                                                                    $325

(2) No change.

Rulemaking Authority 404.051, 404.056, 404.071 FS. Law Implemented 404.051, 404.056, 404.071  FS. History–New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1305, Amended 3-16-09,            .

 

64E-5.1205 Certification Requirements for Radon Mitigation Specialists and Technicians.

(1) The following is required for certification as a radon mitigation specialist and technician:

(a) The individual shall submit an application on form DH Form 1751, Application for Certification as Radon Specialist or Technician (11/15) (incorporated in rule 64E-5.1204, F.A.C.), Jan. 93, a nonrefundable application and certification fee according to the fee schedule set forth in this section part, and documentation of the applicant’s relevant education and experience, as specified on form DH Form 1751.

(b) No change.

(c) Application and certification fee schedule:

1. Radon Mitigation Specialist

Application received on or before June 30, 2009:                                                                                    $200

Application received between July 1, 2009 and June 30, 2010:                                                                       $275

Application received between July 1, 2010 and June 30, 2011:                                                                      $325

Application request received on or before between July 1, 2011 and June 30, 2016 2012:                                          $375

Application request received on or after July 1, 2016 2012:                                                                                     $425

2. Radon Mitigation Technician

Application received on or before June 30, 2009:                                                                                     $200

Application received between July 1, 2009 and June 30, 2010:                                                                       $250

Application received between July 1, 2010 and June 30, 2011:                                                                       $275

Application request received on or before between July 1, 2011 and June 30, 2016 2012:                                          $300

Application request received on or after July 1, 2016 2012:                                                                                     $325

(2) No change.

Rulemaking Authority 404.051, 404.056, 404.071 FS. Law Implemented 404.051, 404.056, 404.071 FS. History–New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1306, Amended 3-16-09,            .

 

64E-5.1206 Certification Requirements for Radon Measurement Businesses.

The following qualifications are required for certification as a radon measurement business:

(1) Submission of an application for certification on form DH Form 1749, Application for Certification as a Radon Business (11/15), Jan. 93, incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, and a nonrefundable application and certification fee from the following schedule:

Application received on or before June 30, 2009:                                                                                    $200

Application received between July 1, 2009 and June 30, 2010:                                                                      $300

Application received between July 1, 2010 and June 30, 2011:                                                                      $375

Application request received on or before between July 1, 2011 and June 30, 2016 2012:                                          $450

Application request received on or after July 1, 2016 2012:                                                                                    $525

(2) Identification of all radon and radon progeny measurement methods or related services to be offered, including the purpose of each measurement service, the type of measurement equipment and a summary of the procedure to be used in performing the service. All measurements reported to clients shall be performed with devices that meet measurement proficiency requirements of a program recognized by the USEPA. U.S. Environmental Protection Agency (USEPA) or the Department as a program capable of evaluating measurement proficiency. USEPA Indoor Radon and Radon Decay Product Measurement Device Protocols, Publication No. EPA 402-R-92-004 (revised 7/1992) and USEPA Protocols for Radon and Radon Decay Product Measurements in Homes, Publication No. EPA 402-R-92-003 (revised 5/1993), incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, respectively, shall be followed for all measurements reported to clients with the exception of nonresidential measurements performed as specified in subpart B of this rule 64E-5.1208, F.A.C.

(3) Identification of certified radon measurement specialists and certified radon measurement technicians who will perform measurements for the applicant. An applicant shall maintain on staff or retain as a consultant a certified radon measurement specialist. All radon or radon progeny measurements will be performed only by certified radon measurement specialists or certified radon measurement technicians. This shall include the initial placement and final retrieval of all measurement devices. The certified radon measurement specialist shall monitor the applicant’s measurement activities and shall review, approve, and sign monthly reports to the department, assess quality assurance and quality control measures, evaluate operating procedures, and ensure compliance with state and federal regulations. The certified radon measurement specialist shall be present when requested by the department during scheduled visits by the department and shall physically observe and evaluate each certified radon measurement technician in the performance of his measurement duties at least once each calendar quarter to insure adequate supervision. A record of this evaluation shall be signed by the specialist and maintained on file by the business. If the measurement reports submitted to meet the requirements of paragraph 64E-5.1203(4)(d) 64E-5.1206(12)(a) and subsection 64E-5.1208(3), F.A.C., show that no radon or radon progeny measurements were performed during an entire calendar quarter by any of the certified radon measurement technicians working for a certified radon measurement business, the visit, observation and evaluation by the specialist are not required for that quarter. The quarterly visit, observations and evaluations by the specialist must be resumed within the same calendar quarter in which measurement activities are resumed. The interval between visits, observations and evaluations by the specialist shall not exceed 1 year.

(4) Identification of the proficient analytical service providers which will process devices for all measurement methods used by the business. Should aA radon measurement business choose to analyze devices or obtain results directly from measurement instruments, it must maintain proficiency as an analytical service provider with each measurement method by participating in a program recognized by the USEPA or the Department as a program capable of evaluating measurement proficiency with every measurement method for which it analyzes devices or obtains results directly from measurement instruments.

(5) through (7) No change.

(8) Development, disclosure and adherence to a health and safety program to limit employees’ exposure to radon progeny during the course of employment. Such a program shall include measures to keep each employee’s exposure, which shall not exceed 4 working level months per year, as low as reasonably achievable. The certified radon measurement business shall maintain records showing the radiation exposures of all individuals for whom personnel monitoring is required. Such records shall be kept on form DH Form 1834, Working Level Month Explosure Form (11/15), Aug. 90, incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida, at http://radon.floridahealth.gov, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, or on clear and legible records containing all the information required by that form. Records shall be maintained in working level months showing the results of exposure during radon measurement activities and shall be preserved for 20 years. The discontinuance or curtailment of activities does not relieve the certified business of responsibility for retaining all radiation exposure records.

(9) Maintenance of the following records for 5 years:

(a) through (c) No change.

(d) Copies of certification for radon measurement specialists and radon measurement technicians employed or used as consultants;.

(e) No change.

(10) through (11) No change.

(12) A certified radon measurement business shall provide the following client reports:.

(a) A certified radon measurement business shall submit measurement reports to the department by the 15th of each month. Reports shall include building information, the name of the person performing the measurements and the results of all available radon and radon progeny measurements taken during the previous month which are not otherwise reported as specified in subpart B of this rule. If no measurements were taken during a month, the report shall indicate none were taken. Data shall be submitted on DH Form 1750 Monthly Report for Certified Radon Businesses, Residential Measurement Report, Mar 94, or DH Form 1833 Monthly Report for Certified Radon Businesses, Non Residental Measurement Report, Mar 94, which are herein incorporated by reference and which are available from the department.

(a)(b) The certified radon measurement business shall report measurement results for radon and radon progeny to the client. Radon results shall be reported in picocuries per liter. Radon progeny results shall be reported in working levels. The report provided to the client shall include the name of the certified business, the business certification number, the name and certification number of the individual who performed the measurements, the type of device used, the date and time of the start and end of the measurement, and the following statements: This notice is provided to you by an organization or individual certified by the Florida Department of Health to perform radon or radon progeny measurements or radon mitigation services. Any questions, comments, or complaints regarding the persons performing these measurement or mitigation services may be directed to the Florida Department of Health, Bureau of Environmental Health Facility Programs, Radon and Indoor Air Program Quality, 4052 Bald Cypress Way, Bin #A12  #A08, Tallahassee, Florida 32399-1720 1710 (1-800-543-8279).

(b)(c) No change.

Rulemaking Authority 404.051, 404.056, 404.071 FS. Law Implemented 404.051, 404.056, 404.071 FS. History–New 1-3-89, Amended 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1309, Amended 3-16-09,            .

 

64E-5.1207 Certification Requirements for Radon Mitigation Businesses.

The following qualifications are required for certification as a radon mitigation business:

(1) Submission of an application on form DH Form 1749, Application for Certification as a Radon Business (11/15) (incorporated in rule 64E-5.1206, F.A.C.) Working Level Month Exposure Form, Jan. 93, and a nonrefundable application and certification fee from the following schedule:

Application received on or before June 30, 2009:                                                                                    $200

Application received between July 1, 2009 and June 30, 2010:                                                                      $300

Application received between July 1, 2010 and June 30, 2011:                                                                      $375

Application request received on or before between July 1, 2011 and June 30, 2016 2012:                                          $450

Application request received on or after July 1, 2016 2012:                                                                                    $525

(2) through (7) No change.

(8) Development, disclosure and adherence to a health and safety program to limit employees’ exposure to radon progeny during the course of their employment. Such a program shall include measures to keep each employee’s exposure, which shall not exceed 4 working level months per year, as low as reasonably achievable. The certified radon mitigation business shall maintain records showing the radiation exposures of all individuals for whom personnel monitoring is required. Such records shall be kept on form DH Form 1834, Working Level Month Exposure Form (11/15) (incorporated in rule 64E-5.1206, F.A.C.), Aug. 90, or on clear and legible records containing all the information required by that form. Records shall be maintained in working level months showing the results of exposure during radon mitigation activities and shall be preserved for 20 years. The discontinuance or curtailment of activities does not relieve the certified business of responsibility for retaining all radiation exposure records.

(9) The certified radon mitigation business shall maintain on staff or retain as a consultant a certified radon mitigation specialist. The certified radon mitigation specialist shall monitor the applicant’s mitigation activities, ensure compliance with state and federal regulations and be responsible for evaluating diagnostic tests in a building and designing mitigation systems. The certified radon mitigation specialist shall be present when requested by the department during scheduled visits by the department and shall physically observe and evaluate each certified radon mitigation technician in the performance of his mitigation duties at least once each calendar quarter to insure adequate supervision. A record of this evaluation shall be signed by the specialist and maintained on file by the business. If the mitigation reports submitted to meet the requirements of subsection 64E-5.1203(4)(d) 64E-5.1207(18), F.A.C., show that no diagnostics or mitigation installations were performed during an entire calendar quarter by any of the certified radon mitigation technicians working for a certified radon mitigation business, the visit, observations and evaluations by the specialist are not required for that quarter. The quarterly visit, observations and evaluations by the specialist must be resumed within the same quarter in which diagnostic or mitigation activities are resumed. The interval between visits, observations and evaluations by the specialist shall not exceed 1 year.

(10) The certified radon mitigation business shall assure that radon mitigation system installations are performed under the direct supervision of a certified radon mitigation specialist or certified radon mitigation technician. A certified radon mitigation business may contract with a non-certified business to perform mitigation installation provided that work performed by non-certified persons is under the direct the supervision of a certified radon mitigation specialist or certified radon mitigation technician.

(11) The certified mitigation business shall install radon mitigation systems as specified in Chapter 9B-53, F.A.C., the Florida Building Code 5th Edition (2014) Residential, Appendix E, “ Florida Standard for Mitigation of Radon in Existing Buildings”, (effective June 1, 1994), or Florida Building Code 5th Edition (2014) Building, Appendix C, “Florida Standard for Mitigation of Radon in Existing Buildings” (effective June 1, 1994), incorporated by reference and available at https://floridabuilding.org/bc/bc_default.aspx, at http://www.iccsafe.org/, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, respectively.

(12) The certified radon mitigation business shall provide all warranty information on the reduction of the radon level, or the proper functioning of mitigation equipment in writing to clients.

(12)(13) The certified radon mitigation business shall ensure that each building is measured for radon levels before and after mitigation work is performed. Such measurements shall be of sufficient type, duration and consistency to allow for comparison of before and after mitigation radon levels, shall be performed with devices that meet proficiency requirements of the USEPA measurement proficiency program and methods as specified in rule 64E-5.1206(2), F.A.C., and shall be performed by a certified measurement business. The post-mitigation measurements shall be started no sooner than 24 hours after the mitigation system is fully operational. The mitigation system shall be operated normally and continuously during the entire measurement period. The results of both the pre-mitigation and the post-mitigation measurements shall be sent to the department as specified in subsection 64E-5.1203(4)(d) 64E-5.1207(18), F.A.C.

(14) through (15) renumbered (13) through (14) No change.

(15)(16) The certified radon mitigation business shall provide the client with the following written information: instructions on the operation and maintenance of each component of the mitigation system. Information on adverse effects produced by the operation of a mitigation system, including added energy costs, shall be included.

(a) Instructions on the operation and maintenance of each component of the mitigation system.

(b) The proper functioning of mitigation equipment.

(c) Information on adverse effects produced by the operation of a mitigation system, including added energy costs.

(d) All warranty or guarantee information on the reduction of the radon level, on the mitgation system and on any separately warranteed or guaranteed system components.

(e) The following statements: “This notice is provided to you by an organization or individual certified by the Florida Department of Health to perform radon or radon progeny measurements or radon mitigation services. Any questions, comments or complaints regarding the persons performing these measurement or mitigation services may be directed to the Florida Department of Health, Bureau of Environmental Health, Radon and Indoor Air Program, 4052 Bald Cypress Way, Bin #A12, Tallahassee, Florida 32399-1720 (1-800-543-8279).”

(16)(17) No change.

(18) A certified radon mitigation business shall provide the following reports; a certified radon mitigation business shall submit mitigation reports to the department by the 15th day of each month. Reports shall include building information on all radon mitigation work completed during the previous month, the name of the certified radon measurement business and individual performing the pre-mitigation and post-mitigation radon and radon progeny measurements, and the measurement results. If no radon mitigations were performed during a month, the report shall indicate none were performed. Reports shall be submitted on DH Form 1753 Monthly Report for Certified Radon Mitigation Businesses, Radon Mitigation Report, Mar 90.

Rulemaking Authority 404.051, 404.056, 404.071 FS. Law Implemented 404.051, 404.056, 404.071 FS. History–New 1-3-89, Amended 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1310, Amended 3-16-09,            .

 

64E-5.1208 Measurement Requirements and Procedures.

(1) No change. 

(2) The radon measurement procedures for use in fulfillment of the requirements of Section 404.056, Florida Statutes F.S., Mandatory Radon Measurement Protocols, (Brochure DH\PI 150-334 (11/15), is incorporated by reference and may be obtained from the dDepartment at 4025 Esplanade Way, Room 205, Tallahassee, Florida; http://radon.floridahealth.gov; and http://www.flrules.org/Gateway/reference.asp?No=Ref-##### of Health and is incorporated herein by reference. This measurement protocol will be used to identify structures in which the potential exists for elevated radon concentrations, to specify longer term measurements to establish occupant exposure levels when elevated concentrations are found, and to periodically remeasure facilities.

(3) Measurement reports for dwelling units which have been measured using section 2 of the USEPA Radon and Radon Decay Product Measurements in Homes, Publication No. EPA 402-R-92-003, shall be reported to the department on form DH Form 1778, Mandatory Measurements Residential Radon Measurement Report (11/15) and also, if needed, form DH1777/DH1778 Supplement, Mandatory Radon Measurement Report Supplemental Page (Use if needed with DH1777 or DH1778) (2/13), Feb. 96, herein incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida; http://radon.floridahealth.gov; and http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, respectively. Measurements reports for non-residential buildings which have been measured using sections 3 and 4 of the Mandatory Radon Measurement Protocols (Brochure DH\PI 150-334, 11/15), incorporated by reference in subsection 64E-5.1208(2), F.A.C., shall be reported to the department on form DH Form 1777, Mandatory Measurements Nonr Residential Radon Measurement Report (11/15), Feb. 96, herein incorporated by reference and available from the department at 4025 Esplanade Way, Room 205, Tallahassee, Florida; http://radon.floridahealth.gov; and http://www.flrules.org/Gateway/reference.asp?No=Ref-#####; and also, if needed, form DH 1777/1778 Supplement.

Rulemaking Authority 404.051, 404.056 FS. Law Implemented 404.022, 404.051(1), (4), (7), 404.056(1), (5), (7), (9) FS. History–New 10-8-89, Amended 1-18-94, 12-9-96, Formerly 10D-91.1317,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Clark Eldredge

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 23, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 7, 2016