Authority: IC 16-19-3-4; IC 16-41-38-2

Affected: IC 16-41-38

Sec. 28. (a) No individual or entity required to be certified in accordance with this rule may advertise a service unless the individual has previously obtained a valid certificate from the commissioner to perform that service.

(b) Radon-222 mitigation activities shall be conducted in accordance with the following:

1. (1) Results of radon-222 tests shall be reported to the commissioner, on a form prescribed by the commissioner, and shall meet the requirements of subsection (f).
2. (2) Any construction undertaken to mitigate for radon-222 shall be in accordance with all applicable state and local building codes. Such construction shall be conducted or supervised by a certified radon mitigator who, at a minimum, shall be present at the start of such construction and at the conclusion of such construction.

(c) No person or entity may test, analyze, or mitigate radon-222 without first providing evidence that the person or entity is certified in accordance with this rule or that the person or entity has in its employ an individual certified in accordance with this rule who is responsible for the supervision of any such activities.

(d) Prior to conducting any radon-222 testing or mitigation, the certified individual shall give each client a copy of a notice about radon-222 testing and mitigation prepared by the department specifically for that purpose.

(e) A secondary radon tester, primary radon tester, or radon laboratory may only distribute those passive monitors which have been manufactured or prepared by a person who is certified in accordance with section 25 of this rule, or who employs at least one (1) individual who is certified in accordance with section 25 of this rule.

(f) All certified primary radon testers and certified laboratories providing radon-222 services shall submit to the commissioner, on a form approved by the commissioner, the results of all radon-222 screening measurements, follow-up measurements, and post-mitigation measurements, if known. All certified radon mitigators shall submit to the commissioner, on a form approved by the commissioner, any radon-222 mitigation conducted for each calendar year. Said reports must be submitted by January 31 for the previous calendar year. For radon-222 measurements and for any mitigation conducted, the information must, at a minimum, contain the following:

1. (1) The name of the certified individual or entity providing the service.
2. (2) The complete property address of the building involved.
3. (3) The county in which the building is located.
4. (4) The type of radon-222 mitigation conducted, if any.
5. (5) The type of measurement conducted (initial, follow-up, or post-mitigation) and the results in picocuries per liter.
6. (6) The date of last calibration of the detection instrument and the instrument serial number, if applicable.

(g) Records of radon-222 tests, quality assurance plans, calibration measurements, and equipment repairs conducted by a certified secondary radon tester, primary radon tester, or radon laboratory shall be retained by that individual for at least three (3) years. Records of mitigation conducted by a certified radon mitigator shall be retained by that individual or entity for at least three (3) years.

(Indiana Department of Health; 410 IAC 5.1-1-28; filed Oct 27, 1993, 9:00 a.m.: 17 IR 353; errata filed Nov 9, 1993, 9:00 a.m.: 17 IR 410; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; filed Nov 30, 2021, 2:53 p.m.: 20211229-IR-410210023FRA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)