N.J. Admin. Code § 7:28-27.3
Current through Register Vol. 56, No. 19, October 7, 2024
Section 7:28-27.3 - General provisions(a) No business or individual subject to this subchapter shall test for, or mitigate, radon in the State of New Jersey without being certified pursuant to this subchapter.(b) No certified business or certified individual shall disclose to any business or individual, except the owner, the Department of Environmental Protection, or the Department of Health, the address or owner of a nonpublic building that the certified business or certified individual has tested or treated for the presence of radon, unless the owner of the building waives, in writing, this right of confidentiality. In the case of a prospective sale of a building that has been tested for radon gas and radon progeny, the seller shall provide the buyer, at the time the contract of sale is entered into, with a copy of the results of that test and evidence of any subsequent mitigation or treatment. Any prospective buyer who contracts for the testing of a building shall have the right to receive the results of that testing.(c) A certified radon measurement business may disclose the results of radon testing to the certified individual who performed the test. A certified business may disclose the results of radon testing or mitigation to the owner's legal representative, including an attorney or real estate agent, acting in accordance with a written agreement the attorney or agent has with the owner. A certified individual is not a legal representative. If the owner of the building is other than an individual, a certified business may disclose the results of radon testing or evidence of any subsequent mitigation or treatment to the following: 1. For a corporation: i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other individual who performs similar policy or decision-making functions for the corporation; orii. The manager of the certified business, provided the authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;2. For a limited liability company, an individual who has the authority to bind the limited liability company to the provisions of this subchapter, including without limitation, an officer, member, or manager of the limited liability company;3. For a sole proprietorship, the proprietor;4. For a partnership, a general partner;5. For a municipality, county, state, Federal, or other public agency, either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: i. The chief executive officer of the agency; orii. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (such as a Regional Administrator); and6. A duly authorized representative of any of the above, if the authorization is made in writing by an individual described at (c)1 through 5 above. A duly authorized representative may be either a named individual or any individual occupying a named position.(d) Each certified business and certified individual shall remain in compliance with and conduct activities in accordance with the approved certification and the provisions of the Act, this subchapter, and all other applicable municipal, county, State, and Federal statutes, rules, regulations, and codes.(e) To become certified to test or mitigate radon in accordance with this subchapter, a business or individual shall submit an application on a form provided by the Department at www.njradon.org, and the appropriate fee to the Department, as directed on the application form.(f) Any business or individual subject to this subchapter who performs radon testing or mitigation without being certified shall be subject to the criminal penalties at N.J.S.A. 26:2D-77.(g) A certification shall expire if it is not timely renewed. For purposes of this subchapter, timely renewal of a certification means the business or individual submits a renewal application in order that the Department receives it 30 days or more before the expiration date of the certification.(h) A renewal application that is received by the Department less than 30 days before the certification expiration date and is not approved by the expiration date, shall continue through the review process after the certification expires. The new certification period shall begin on the date the Department approves the application.(i) If a renewal application is not received by the Department prior to the expiration date, to renew its certification, the business or individual shall submit a renewal application with the proper fee for the expired renewal in accordance with N.J.A.C. 7:28-27.27(d).(j) To amend the information in the certification at any time during the certification period or after an acknowledgement notice is received, a business or individual shall submit, to the Department, in writing, the information to be changed. The request for amendment shall be signed in accordance with N.J.A.C. 7:28-27.4. The amendment is not operative until the Department reviews, approves, and confirms the change, in writing, to the certified business or certified individual. There is no fee to amend a certification.(k) To cancel a certification, a certified business or certified individual shall submit a written and signed request to the Department. The cancellation shall be final upon written confirmation by the Department.(l) Any questions concerning the requirements of this subchapter should be directed to the New Jersey Department of Environmental Protection, Bureau of Environmental Radiation, Radon Section, at the address set forth at N.J.A.C. 7:28-1.5(a). Applications and forms are available at www.njradon.org.N.J. Admin. Code § 7:28-27.3
Amended by R.2005 d.239, effective 7/18/2005.
See: 37 N.J.R. 8(a), 37 N.J.R. 2675(b).
Rewrote (g) and (i); and amended the N.J.A.C. reference in (j).Amended and recodified from 7:28-27A.3 by 55 N.J.R. 165(a), effective 12/3/2022