2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 38. RADON GAS
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IC 16-41-38
Chapter 38. Radon Gas
IC 16-41-38-1
"Radon gas" defined
Sec. 1. As used in this chapter, "radon gas" means the radioactive
gas and related decay products produced by the disintegration of the
element radium.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-2
Rules
Sec. 2. The state department shall adopt rules under IC 4-22-2 to
establish and operate programs for the certification of a person
engaged in:
(1) testing for radon gas in buildings or on areas of land; or
(2) abatement of radon gas in buildings.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-3
Duties of state department
Sec. 3. The state department shall, in the rules adopted under this
chapter:
(1) require training and education as a precondition to
certification;
(2) require continuing education and biennial reexamination to
maintain certification;
(3) establish fees that are not more than necessary to recover the
cost of administering this chapter;
(4) collect and disseminate information relating to radon gas;
and
(5) conduct research on radon gas testing and mitigation.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-4
Use of relevant standards and requirements
Sec. 4. In establishing standards and requirements under this
chapter, the state department shall use any relevant standards or
requirements concerning radon gas established by the United States
Environmental Protection Agency.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-5
Exempted individuals; certification requirement
Sec. 5. (a) This section does not apply to an individual who is
testing for radon gas or engaged in the abatement of radon gas if the
individual is:
(1) performing the testing or abatement in a building the
individual owns;
(2) performing the testing on an area of land the individual
owns; or
(3) conducting scientific research on radon gas testing or
abatement in a building or on an area of land and the owner of
the building or area of land is not charged for the testing or
abatement.
(b) An individual may not engage or profess to engage in:
(1) testing for radon gas; or
(2) abatement of radon gas;
unless the individual is certified under this chapter.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-6
Denial, suspension, or revocation of certificate
Sec. 6. The state department may under IC 4-21.5:
(1) deny;
(2) suspend; or
(3) revoke;
a certificate issued under this chapter or IC 13-1-14 (before its
repeal).
As added by P.L.1-1996, SEC.76.
IC 16-41-38-7
Certification without examination
Sec. 7. An individual accredited in another state to perform testing
for or abatement of radon gas may be certified under this chapter
without passing an examination if:
(1) the state in which the individual is accredited maintains an
accreditation program substantially similar to the certification
program under this chapter; and
(2) the individual pays a fee.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-8
Radon gas trust fund
Sec. 8. (a) The radon gas trust fund is established to provide a
source of money for the purposes described in this chapter.
(b) The expenses of administering this chapter shall be paid from
money in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(d) The sources of money for the fund are the following:
(1) Fees collected under this chapter.
(2) Appropriations made by the general assembly.
(3) Gifts and donations intended for deposit in the fund.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-9
Violations; civil penalty
Sec. 9. In addition to the penalties set out in this chapter, the state
department may commence an action under IC 4-21.5-3-6 or
IC 4-21.5-4 for issuance of a compliance order to impose a civil
penalty not to exceed one thousand dollars ($1,000) for each
violation, each day, against a person who:
(1) fails to comply with this chapter or a rule adopted under this
chapter; or
(2) interferes with or obstructs the state department or a
designated agent of the state department in the performance of
official duties under this chapter.
As added by P.L.1-1996, SEC.76.
IC 16-41-38-10
Violations; offense
Sec. 10. An individual who violates:
(1) this chapter; or
(2) a rule adopted under this chapter;
commits a Class A misdemeanor.
As added by P.L.1-1996, SEC.76.
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