West Virginia Code § 16-34-6

Rules
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(a) To protect the health of individuals inhabiting, occupying or frequenting buildings, the
Department of Health shall adopt rules to implement the requirements of this article. All
rules adopted under this section shall be adopted in accordance with article three, chapter
twenty-nine-a of this code.
(b) The secretary shall adopt rules:
(1) Establishing criteria and procedures to be followed in issuing and renewing licenses to
radon testers, mitigation specialists or mitigation contractors, asu well as the fees for the
licenses. The rules may require that all applicants for licensure as a radon tester or
mitigation specialist pass an examination. If an examination is required, the rules may
require applicants to pass an examination conducted by the division of health or by a
training center accredited by the director;
(2) Establishing criteria and procedures to be followled in approving and accrediting training
courses under section five of this article. The srules shall require the participants in training
courses to pass an examination conducted by the operator of the course;
(3) Establishing criteria and procedures in approving and licensing radon laboratories;
(4) Establishing standards to be followed by licensed radon testers, mitigation specialists,
mitigation contractors and radon laboratories for the prevention of hazards to the public
health, including standards for worker protection, record keeping and the training of
employees or radon testers and mitigation contractors;
(5) Establishing proc edures to be followed by an individual business entity or government
entity licensedV by another state to practice as a radon tester, mitigation specialist, mitigation
contractor or radon laboratory in providing notice to the director prior to commencing
practice in this state pursuant to section three of this article; and
(6) That require licensed radon testers and mitigation specialists to report to the director, by
street address, radon test results. The rules shall require the reporting of the identity of the
radon laboratory involved, screening measurements, follow-up measurements,
postmitigation measurements and, if it is known that mitigation was performed, the methods
of mitigation that were used. Any information required to be reported to the director under
the rules is not a public record and shall not be released except in aggregate statistical form.

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