Ohio Code 3723.04 – Conditions for performing research without license
(A) Pursuant to division (B) of section 3723.02 of the Revised Code, an individual, business entity, or government entity conducting research regarding radon testing or mitigation may perform radon testing or mitigation without a license, if the owner or occupant of the building or real property where the research is to be conducted consents after being informed in writing of all of the following:
Terms Used In Ohio Code 3723.04
- Building: means a publicly or privately owned structure consisting of any combination of foundations, walls, columns, girders, beams, floors, or roofs, with or without other elements or appurtenances. See Ohio Code 3723.01
- Business entity: means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business. See Ohio Code 3723.01
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Government entity: means the state, a state agency as defined in section 1. See Ohio Code 3723.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Radon: means both the radioactive, gaseous element produced by the disintegration of radium, and the short-lived radionuclides that are decay products of radon. See Ohio Code 3723.01
- Radon mitigation: means the application or installation of methods or materials to reduce airborne radon concentrations in a building or to prevent the entry of radon into the indoor atmosphere. See Ohio Code 3723.01
- Radon test: means the act of examining a building, air, soil, or water for the presence of radon, including taking air, soil, or water samples, or the act of diagnosing the cause of radon contamination in a building. See Ohio Code 3723.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) That the individual, business entity, or government entity is not licensed to perform radon testing or mitigation;
(2) That the results of any testing are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property;
(3) That any mitigation methods used are experimental and may not be successful.
(B) Radon test results obtained pursuant to this section are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property tested.
(C) No licensed radon mitigation specialist shall provide advice regarding radon mitigation on the basis of any radon test performed pursuant to this section.
(D) No licensed radon mitigation contractor shall perform radon mitigation on the basis of any radon test performed pursuant to this section.