(1) This article 165 does not apply to:
(a) (I) An individual performing radon measurement or radon mitigation on a single-family residence that the individual owns and occupies; or
(II) An individual performing radon measurement on a leased dwelling unit that the individual leases or occupies;
(b) An individual performing radon measurement who assists and is under the direct supervision of a licensed radon measurement professional;
(c) An individual performing radon mitigation who assists and is under the direct supervision of a licensed radon mitigation professional;
(d) An agent of a federal, state, or local government agency acting within the scope of the agent's official capacity;
(e) An individual performing radon measurement or radon mitigation as part of radon training approved by a proficiency program; or
(f) An individual acting within the scope of practice for which the individual is licensed, registered, or certified;
Source: L. 2021: Entire article added, (HB 21-1195), ch. 398, p. 2640, � 1, effective September 7. L. 2023: (1)(a) amended, (SB 23-206), ch. 356, p. 2138, � 6, effective August 7.
Cross references: For the legislative declaration in SB 23-206, see section 1 of chapter 356, Session Laws of Colorado 2023.
12-165-108. Radon measurement and radon mitigation licenses - qualifications - fees - renewal - rules. (1) An individual applying for a license pursuant to this section must satisfy the requirements of the particular license for which the application is made. The director may issue one of the following types of licenses to an applicant who, upon application in the form and manner determined by the director, payment of the required fee, and satisfaction of the requirement specified in subsection (2) of this section, provides evidence satisfactory to the director that the applicant satisfies the qualifications for the particular license as follows:
(a) Radon measurement professional license. An applicant for a radon measurement professional license must present proof of certification in radon measurement from a proficiency program.
(b) Radon mitigation professional license. An applicant for a radon mitigation professional license must present proof of certification in radon mitigation from a proficiency program.
(2) (a) In addition to satisfying the requirements of subsection (1) of this section, each applicant for a license under this section must submit to the director an attestation as to whether the applicant, within the prior five years, has been convicted of or has entered a plea of guilty or nolo contendere to:
(I) A felony;
(II) An offense, the underlying factual basis of which has been found by the court to involve unlawful sexual behavior, domestic violence, as defined in section 18-6-800.3 (1), or stalking, as defined in section 18-3-602; or
(III) Violation of a protection order, as defined in section 18-6-803.5.
(b) In considering an applicant's criminal history, the director is governed by sections 12-20-202 (5) and 24-5-101.
(3) Licenses issued pursuant to this article 165 are subject to the provisions in section 12-20-102 (1) and (2) concerning renewal, expiration, reinstatement, and delinquency fees. An individual whose license expires and who continues to do business as a radon measurement professional or radon mitigation professional is subject to the penalties provided in this article 165 and section 12-20-202 (1).
Source: L. 2021: Entire article added, (HB 21-1195), ch. 398, p. 2641, � 1, effective September 7.