Chapter 42. Radon Contractor Proficiency.

§ 28–4201. Proficiency requirement.

(a) No person or company shall conduct or offer to conduct radon screening, testing, or mitigation in the District for a fee unless the person who performs the service has been:

(1) Listed as proficient by the Environmental Protection Agency to offer radon screening, testing, or mitigation services; or

(2) Has received a certificate of proficiency from an organization approved by the Mayor to offer radon screening, testing, or mitigation services.

(b) The Mayor shall maintain, revise as necessary, and make available to the public a list of persons or companies who have been listed as proficient by the United States Environmental Protection Agency to offer screening, testing, or mitigation for radon.

§ 28–4202. Rulemaking.

(a) The Mayor may issue rules to implement this chapter, including rules establishing radon screening, testing, or mitigation programs in the District that are in compliance with any recommendations or guidelines published by the United States Environmental Protection Agency. If the Council does not approve or disapprove the proposed rules by resolution within the 45-day period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2 [§ 2–501 et seq.].

(b) The Mayor may issue emergency rules, without prior Council approval, which shall be effective for not more than 120 days.

(Mar. 13, 1993, D.C. Law 9-183, § 2(b), 39 DCR 8206; Dec. 17, 2014, D.C. Law 20-142, § 201(b), 61 DCR 8045.)

Prior Codifications

1981 Ed., § 28-4202.

Effect of Amendments

The 2014 amendment by D.C. Law 20-142, in (a), substituted “issue rules to implement this chapter, including rules” for “issue proposed rules” in the first sentence, and deleted the former second sentence which read: “The proposed rules shall be submitted to the Council for a 45-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess.”

Editor's Notes

Applicability of D.C. Law 20-142: Section 502(b) of D.C. Law 20-142 provided that § 201 of the act shall apply as of December 17, 2014.

§ 28–4203. Penalty.

A civil fine, penalty, or fee may be imposed as a sanction for an infraction of the provisions of this act [chapter], or any rule promulgated pursuant to this act, in accordance with Chapter 18 of Title 2.