Kentucky Statutes 309.436 – Prohibition against conduct of radon measurement, mitigation, or laboratory analysis without certification — Exceptions
Current as of: 2024 | Check for updates
|
Other versions
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 KRS § 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 KRS § 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History: Repealed, reenacted, and amended 2022 Ky.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.
309.454. Certification requirements under KRS § 309.430 to KRS § 309.454 shall apply to a radon measurement contractor, radon mitigation contractor, or radon laboratory, but shall not apply to:
Terms Used In Kentucky Statutes 309.436
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.