TITLE 32: ENERGY
CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY
SUBCHAPTER b: RADIATION PROTECTION
PART 422 REGULATIONS FOR RADON SERVICE PROVIDERS
SECTION 422.30 EXEMPTIONS FROM REQUIREMENTS FOR A LICENSE


 

Section 422.30  Exemptions from Requirements for a License

 

The Agency may, upon application or upon its own initiative, grant such exemptions or exceptions from the requirements of this Part as it determines are authorized by law and will not result in a hazard to public health and safety.  The following persons are exempt from the licensing requirements of this Part:

 

a)         A person performing radon measurements or mitigation on a dwelling in which the person resides.

 

b)         A person temporarily practicing in Illinois who possesses a license granted by another state's regulatory authority that is recognized by this State under principles of mutual reciprocity.

 

c)         Retail stores that only sell or distribute radon sampling devices but are not engaged in a relationship with the client for other services such as home inspection or representation as in a real estate transaction and that do not perform laboratory analysis, measurement or mitigation services.

 

d)         Persons who do not perform radon measurements or mitigation, but who are employed for the purpose of disseminating beneficial information to the public for agencies that the USEPA considers to be partners in providing accurate radon information to the public, such as educational institutions, the American Lung Association, the National Safety Council, and the National Association of City and County Governments and State and local public health officials who disseminate radon measurement devices to the public.

 

e)         A person performing diagnostic tests for the purpose of assessing site decontamination in accordance with a radioactive materials license granted by the Agency.  Diagnostic tests shall not be used as a basis for a decision to, or not to, mitigate the radon level within a building.

 

f)         Employees of the Agency performing measurements or mitigations as part of their official duties.

 

g)         A residential building contractor or his or her subcontractor that installs radon resistant construction. 

 

AGENCY NOTE:  Only a radon contractor may install a radon vent fan or upgrade a passive new construction pipe to an active mitigation system. 

 

h)         School district employees performing radon screening measurements in accordance with the exemptions outlined in Sections 10-20.48 and 34-18.39 of  the School Code [105 ILCS 5/10-20.48 and 34-18.39]. 

 

(Source:  Amended at 37 Ill. Reg. 20240, effective December 9, 2013)