KRS 309.436: Prohibition against conduct of radon measurement, mitigation, or

laboratory analysis without certification -- Exceptions.

No person or business entity shall conduct radon measurement, mitigation, or laboratory

analysis in this Commonwealth af ter January 1, 2013, without the appropriate

certification pursuant to KRS 309.430 to 309.454. No person or business entity shall

advertise or claim to be a "certified measurement contractor," "certified mitigation

contractor," or "certified radon laborato ry," unless certified pursuant to KRS 309.430 to

309.454. Certification requirements under KRS 309.430 to 309.454 shall apply to a radon

measurement contractor, radon mitigation contractor, or radon laboratory, but shall not

apply to:

(1) A person performi ng measurement or mitigation on a single -family residential

building that he or she owns and occupies;

(2) A person performing measurement on a residential or commercial building that he

or she owns;

(3) A person performing measurement who assists, and is under the general supervision

of, a measurement contractor;

(4) A person performing mitigation who assists, and is under the direct supervision of,

a mitigation contractor;

(5) An agent of the federal, state, or local government agency acting within an off icial

capacity;

(6) A person performing measurement or mitigation as part of a scientific research

project approved by the cabinet;

(7) A retail store or any other organization that sells or distributes radon measurement

devices and is not engaged in a rel ationship with the client for other services, such

as home inspection or real estate brokerage, and that does not conduct

measurement, mitigation, or laboratory analysis;

(8) A person performing measurement or mitigation as part of radon training approved

by a proficiency program; or

(9) A building contractor installing vent pipes during the construction of a commercial

building or home.