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309.436
Prohibition against conduct of radon measurement, mitigation, or
laboratory analysis without certification -- Exceptions.
No person or business entity shall conduct radon measurement, mitigation, or laboratory
analysis in this Commonwealth after January 1, 2013, without the appropriate
certification pursuant to KRS 309.430 to 309.454. No person or business entity shall
advertise or claim to be a "certified measurement contractor," "certified mitigation
contractor," or "certified radon laboratory," unless certified pursuant to KRS 309.430 to
309.454. Certification requirements under KRS 309.430 to 309.454 shall apply to a radon
measurement contractor, radon mitigation contractor, or radon laboratory, but shall not
apply to:
(1) A person performing measurement or mitigation on a single-family residential
building that he or she owns and occupies;
(2) A person performing measurement on a residential or commercial building that he
or she owns;
(3) A person performing measurement who assists, and is under the general supervision
of, a measurement contractor;
(4) A person performing mitigation who assists, and is under the direct supervision of,
a mitigation contractor;
(5) An agent of the federal, state, or local government agency acting within an official
capacity;
(6) A person performing measurement or mitigation as part of a scientific research
project approved by the cabinet;
(7) A retail store or any other organization that sells or distributes radon measurement
devices and is not engaged in a relationship with the client for other services, such
as home inspection or real estate brokerage, and that does not conduct
measurement, mitigation, or laboratory analysis;
(8) A person performing measurement or mitigation as part of radon training approved
by a proficiency program; or
(9) A building contractor installing vent pipes during the construction of a commercial
building or home.
Effective: July 14, 2022
History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 4, effective July
14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 3, effective June 27, 2019. -Amended 2016 Ky. Acts ch. 28, sec. 1, effective July 15, 2016. -- Created 2011 Ky.
Acts ch. 74, sec. 4, effective June 8, 2011.
Formerly codified as KRS 211.9107.
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