CHAPTER 38. RADON GAS

IC 16-41-38
    Chapter 38. Radon Gas

IC 16-41-38-1
"Radon gas" defined
    Sec. 1. As used in this chapter, "radon gas" means the radioactivegas and related decay products produced by the disintegration of theelement radium.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-2
Rules
    Sec. 2. The state department shall adopt rules under IC 4-22-2 toestablish and operate programs for the certification of a personengaged in:
        (1) testing for radon gas in buildings or on areas of land; or
        (2) abatement of radon gas in buildings.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-3
Duties of state department
    Sec. 3. The state department shall, in the rules adopted under thischapter:
        (1) require training and education as a precondition tocertification;
        (2) require continuing education and biennial reexamination tomaintain certification;
        (3) establish fees that are not more than necessary to recover thecost of administering this chapter;
        (4) collect and disseminate information relating to radon gas;and
        (5) conduct research on radon gas testing and mitigation.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-4
Use of relevant standards and requirements
    Sec. 4. In establishing standards and requirements under thischapter, the state department shall use any relevant standards orrequirements concerning radon gas established by the United StatesEnvironmental Protection Agency.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-5
Exempted individuals; certification requirement
    Sec. 5. (a) This section does not apply to an individual who istesting for radon gas or engaged in the abatement of radon gas if theindividual is:
        (1) performing the testing or abatement in a building theindividual owns;
        (2) performing the testing on an area of land the individual

owns; or
        (3) conducting scientific research on radon gas testing orabatement in a building or on an area of land and the owner ofthe building or area of land is not charged for the testing orabatement.
    (b) An individual may not engage or profess to engage in:
        (1) testing for radon gas; or
        (2) abatement of radon gas;
unless the individual is certified under this chapter.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-6
Denial, suspension, or revocation of certificate
    Sec. 6. The state department may under IC 4-21.5:
        (1) deny;
        (2) suspend; or
        (3) revoke;
a certificate issued under this chapter or IC 13-1-14 (before itsrepeal).
As added by P.L.1-1996, SEC.76.

IC 16-41-38-7
Certification without examination
    Sec. 7. An individual accredited in another state to perform testingfor or abatement of radon gas may be certified under this chapterwithout passing an examination if:
        (1) the state in which the individual is accredited maintains anaccreditation program substantially similar to the certificationprogram under this chapter; and
        (2) the individual pays a fee.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-8
Radon gas trust fund
    Sec. 8. (a) The radon gas trust fund is established to provide asource of money for the purposes described in this chapter.
    (b) The expenses of administering this chapter shall be paid frommoney in the fund.
    (c) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
    (d) The sources of money for the fund are the following:
        (1) Fees collected under this chapter.
        (2) Appropriations made by the general assembly.
        (3) Gifts and donations intended for deposit in the fund.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-9
Violations; civil penalty
    Sec. 9. In addition to the penalties set out in this chapter, the statedepartment may commence an action under IC 4-21.5-3-6 or

IC 4-21.5-4 for issuance of a compliance order to impose a civilpenalty not to exceed one thousand dollars ($1,000) for eachviolation, each day, against a person who:
        (1) fails to comply with this chapter or a rule adopted under thischapter; or
        (2) interferes with or obstructs the state department or adesignated agent of the state department in the performance ofofficial duties under this chapter.
As added by P.L.1-1996, SEC.76.

IC 16-41-38-10
Violations; offense
    Sec. 10. An individual who violates:
        (1) this chapter; or
        (2) a rule adopted under this chapter;
commits a Class A misdemeanor.
As added by P.L.1-1996, SEC.76.