§ 240.2. Scope.
(a) This chapter applies to a person except when the person is:
(1) Testing for or mitigating against radon contamination in a building that the person owns or in which the person resides.
(2) Using measures designed to prevent radon contamination in newly constructed buildings. This exemption does not apply to radon testing or installation of radon mitigating devices in these buildings following occupancy.
(3) Performing testing or mitigation in the course of the person’s normal duties as an employee or contractor of the Department or the Federal government.
(4) Performing scientific research if the person discloses the information obtained to the Department under § 240.303 (relating to reporting of information) and the person informs the owner or occupant of the affected building of all of the following:
(i) That the person is not certified by the Department to test for or mitigate against radon contamination.
(ii) That the test results are not valid.
(iii) That the mitigation methods are for experimental purposes and may be unsuccessful.
(5) Purveying secondary devices supplied by a certified laboratory, if radon concentrations determined by the laboratory are only reported directly to the owner or resident of the building tested.
(i) Test results may also be reported to the certified mitigator who installed a mitigation system at the property.
(ii) Purveying does not include the activities of either placing or retrieving activated charcoal, liquid scintillation, or alpha track radon testing devices.
(6) Employed by a local government or a school and performing testing for that local government or school if all of the following criteria are met:
(i) The practice is limited to the employee’s official duties and no fee is charged for the testing except for the employee’s salary.
(ii) Radon testing is limited to the buildings owned or occupied by the local government or school.
(iii) The radon testing is performed in accordance with the device manufacturer’s instructions.
(b) This chapter is in addition to, and not in substitution for, other applicable provisions of this article.
Authority The provisions of this § 240.2 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and sections 12 and 13 of the Radon Certification Act (63 P.S. § § 2012 and 2013).
Source The provisions of this § 240.2 amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304602) and (388451).
Cross References This section cited in 25 Pa. Code § 240.1 (relating to description of regulatory structure).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
