§ 23-61-5 - Licensing and certification.
SECTION 23-61-5
§ 23-61-5 Licensing and certification.– (a) All persons providing or offering to provide the following services must becertified or licensed in accordance with regulations adopted pursuant to theauthority conferred by this chapter:
(1) Screening sampling/testing of air for radon/radon progeny;
(2) Diagnostic sampling/testing of air for radon/radonprogeny;
(3) Mitigation planning services for radon/radon progeny;
(4) Training courses offered for the purpose of meeting anyof the licensing and/or certification requirements mandated by this chapter.
(b) The director may assess fees for licenses andcertifications issued in accordance with regulations promulgated pursuant tothe authority conferred by this section, provided that those fees are assessedonly after procedures in accordance with chapter 35 of title 42 have beenfollowed. The fees collected shall be deposited in a restricted receipt accountas provided for under § 23-61-8 of this chapter.
(c) Any person, firm, corporation, or other entity who shallperform or otherwise engage in:
(1) Screening sampling/testing of air for radon/radon progeny;
(2) Diagnostic sampling testing of air for radon/radonprogeny;
(3) Mitigation planning services for radon/radon progeny; or
(4) Training courses offered for the purpose of meeting anyof the licensing and/or certification requirements mandated by this chapter:
(i) Without a license shall be fined five hundred dollars($500) for each offense and shall be ordered to forfeit all fees derived fromsuch activity for the first offense and shall be fined one thousand dollars($1,000) for the second and each subsequent offense and shall be ordered toforfeit all fees derived from such activity on the second and subsequentoffenses. The attorney general is authorized to pursue forfeiture actionsagainst all violators and also to apply for and obtain injunctive reliefagainst continuing violations of this section.
(d) All fines and all fees that have been forfeited underthis section shall be placed in the state general fund.
(e) The requirements of this section shall not apply to: (a)those individuals testing or mitigating a private residence owned or leased bythe individual who is performing the testing or mitigation; or (b) anyindividual testing their own living area.