I recently purchased a CRM, I am a certified home inspector in NY and have taken the Radon class (Radon certified). Upon doing some research yesterday, I found this information on the NY Dept. Of Health website:
“Remember that, while a certified radon tester may collect samples, anyone who analyzes and provides the results of those tests must hold New York State Department of Health Environmental Laboratory Approval Program certification. ELAP certification ensures that the results obtained from an individual or firm are accurate and reliable. This means that, while charcoal canisters, alpha track detectors and/or continuous radon monitors may be deployed by radon testers certified by AARST, NRSB, NJ, or PA, the actual test must be analyzed and the results reported by an ELAP-certified lab.”
My question is… am I required to get this ELAP certification in order to give my clients their printed radon test results?
I just had this issue arise today, and frankly I want to challenge the assertion that home inspectors who are Radon Certified would need ELAP certification to deliver results in all instances. Words matter, especially with regard to statutory policies and legal matters.
“Remember that, while a certified radon tester may collect samples, anyone who analyzes and provides the results of those tests must hold New York State Department of Health Environmental Laboratory Approval Program certification. ELAP certification ensures that the results obtained from an individual or firm are accurate and reliable. This means that, while charcoal canisters, alpha track detectors and/or continuous radon monitors may be deployed by radon testers certified by AARST, NRSB, NJ, or PA, the actual test must be analyzed and the results reported by an ELAP-certified lab.”
The paragraph above has some problems.
It very clearly states “anyone who analyzes and provides the results”. It doesn’t say “or” or “and/or”. It says “and”. That means to fall under the statutory mandate you would have to be doing both the analysis and the delivery of results. If a certified lab does the analysis and you are merely delivering their results to the client, I don’t see how that mandate requires you to have ELAP certification. The lab would for sure.
It is also very clear in the TYPE of test equipment being used.
“while charcoal canisters, alpha track detectors and/or continuous radon monitors may be deployed…”
If you’re using electret ion chamber or pulse ion chamber devices, especially ones that have their own mobile app to analyze and give results, I don’t see that in their device list. They can’t just assert a blanket authority over any and all new technologies that emerge. If software is giving the result to a homeowner on their smartphone, did the inspector “analyze and provide” the test results, or did the homeowner conduct their own test and get their own results?