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Section 23-61-1. – Legislative intent.

§ 23-61-1. Legislative intent. The general assembly recognizes that radon is an odorless, colorless, tasteless, and radioactive gas that occurs naturally in soil and groundwater; that radon enters homes and buildings through openings in foundations, decays to form radon progeny, and unless vented to the atmosphere, accumulates in buildings and becomes hazardous to human health, […]

Section 23-61-11. – Interpretation and severability.

§ 23-61-11. Interpretation and severability. The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for or a limitation of, the provisions of any other law. If any provision or part thereof of this chapter or application thereof to any person or circumstance […]

Section 23-61-12. – Funding and implementation.

§ 23-61-12. Funding and implementation. Implementation and enforcement of this chapter is contingent upon the availability of resources to fund necessary administrative, personnel, and other related costs. History of Section.P.L. 1992, ch. 216, § 2.

Section 23-61-2. – Declaration of purpose.

§ 23-61-2. Declaration of purpose. The purpose of this chapter is to protect the public health and public interest by establishing a comprehensive program to reduce exposure to radon/radon progeny levels in public and high priority buildings and to ensure that all radon/radon progeny mitigation activity in these buildings is conducted only by appropriately trained […]

Section 23-61-3. – Definitions.

§ 23-61-3. Definitions. For purposes of this chapter: (1) “Department” means the state department of health. (2) “Director” means the director of health. (3) “High priority building” means any public building or public, private and/or parochial schools (grades pre-K to 12), day care centers, and nurseries. (4) “New construction” means any erection of a building, […]

Section 23-61-4. – Authority of the director.

§ 23-61-4. Authority of the director. The director is authorized to: (1) Designate a unit within the department to administer the provisions of this chapter and provide that unit with the necessary staff, equipment, and operating funds. (2) Receive and administer funding allocated for radon control programs by the state, agencies of the federal government […]

Section 23-61-5. – Licensing and certification.

§ 23-61-5. Licensing and certification. (a) All persons providing or offering to provide the following services must be certified or licensed in accordance with regulations adopted pursuant to the authority conferred by this chapter: (1) Screening sampling/testing of air for radon/radon progeny; (2) Diagnostic sampling/testing of air for radon/radon progeny; (3) Mitigation planning services for […]

Section 23-61-6. – Notification to the department.

§ 23-61-6. Notification to the department. The owner of any public and high priority building who intends to take measures, including but not limited to renovation of the building for the purpose of reducing radon/radon progeny levels and/or installation of recognized radon mitigation systems, must submit formal notification to the department prior to commencing the […]

Section 23-61-7. – Radon inspections.

§ 23-61-7. Radon inspections. (a) The director, or his or her designee, is authorized to inspect any public or high priority building, during business hours, or by appointment at another time agreed to by the inspector and the owner, occupant or other person in charge of the building. The owner, occupant or other person in […]

Section 23-61-8. – Establishment of fees.

§ 23-61-8. Establishment of fees. A one-time surcharge shall be assessed on new residential construction, excluding renovations, at the rate of two cents ($0.02) per square foot under roof floor space. This surcharge shall be collected by the local building official at the time an application for a building permit is submitted. The local building […]

Section 23-61-9. – Use of the radon control appropriations.

§ 23-61-9. Use of the radon control appropriations. Funds appropriated shall be used to carry out the provisions of this chapter, including but not limited to, personnel costs, operating costs, and capital expenditures associated with the regulatory and public education mandates placed on the department by this chapter, as well as the development and implementation […]