AN ACT in relation to radon testing, approved August 15, 1989.
Section 1. Short title. This Act may be cited as the Radon Testing Act.
Section 2. Definitions. As used in this Act, unless the context
requires otherwise:
"Department" means the Department of Nuclear Safety.
"Radon" means any of the gaseous radioactive decay products of uranium or
thorium.
"Radon progeny" means any combination of the radioactive decay products
of radon.
"Person" includes without limitation any natural person or individual,
governmental body, firm, association, partnership, copartnership, joint
venture, company, corporation, joint stock company, trust, estate or other
legal entity.
Section 3. Registration. No person shall sell any device or perform any
service for compensation to detect the presence of radon or radon progeny
unless that person shall have registered with the Department. The Department
shall by rule establish registration fees and the qualifications required as a
condition of registration. the Department may provide by rule for the
suspension or revocation of registrations and for the assessment of civil
penalties not exceeding $1,000 per violation for violation of the conditions
of registration. A certificate of registration shall expire according to a
schedule established by rule by the Department. An application for renewal of
a registration shall be filed with the Department within 30 days of its
expiration date.
This Section applies to all persons except a person:
(1) Selling or distributing, but not placing, radon sampling devices
supplied by a laboratory if the results of the laboratory analysis are
reported directly to the owner or occupant of the building sampled.
(2) Manufacturing or analyzing, but not placing, radon sampling devices
if the results of the laboratory analysis are reported directly to the owner
or occupant of the building sampled.
Section 4. Reporting of information. Within 45 days after testing, the
person performing the test shall report to the owner or occupant of the
building the results of such testing and make the results of such sampling
available for inspection by the Department. To the extent that it contains
information pertaining to the medical condition of any identified individual,
or the levels of radon or radon progeny in an identified dwelling, information
obtained by the Department pursuant to this Act is exempt from the disclosure
requirements of The Freedom of Information Act, as now or hereafter amended,
except that upon the request of the identified individual or owner or occupant
of the identified dwelling, the Department shall make such information
available to the individual, owner or occupant.
