N.J. Admin. Code § 7:28-27.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:28-27.13 - Responsibilities of a certified radon mitigation business

(a) A certified radon mitigation business shall maintain its certification by submitting an annual renewal application in accordance with N.J.A.C. 7:28-27.12 and amending its certification, when necessary, in accordance with N.J.A.C. 7:28-27.3(j).

(b) A certified radon mitigation business shall affiliate with a certified radon mitigation specialist or an individual who has received an acknowledgement notice to become a radon mitigation specialist, in accordance with N.J.A.C. 7:28-27.5 and submit the affiliation form to the Department.

(c) A certified radon mitigation business shall comply with this subchapter and ensure that its affiliates conduct radon mitigation in accordance with the authorized mitigation protocols for each building type, this subchapter, the certified business's certification, and radiological safety plan.

(d) A certified radon mitigation business shall provide to the Department:

1. A list of the building types to be mitigated, including residential, non-residential, or school buildings. If residential, whether single-family, condominium, townhouse, apartment, and/or other residential building types will be mitigated.

2. The name of the affiliate or affiliates who will mitigate multifamily buildings, schools, and/or large buildings; and the date on which each identified affiliate took the eight-hour multifamily buildings training course and/or the eight-hour schools and large buildings course, as applicable.

(e) The daily operation of a certified radon mitigation business shall be directed by one or more certified radon mitigation specialists affiliated with the business, whose responsibilities are set forth at N.J.A.C. 7:28-27.26(k).

(f) A certified radon mitigation business shall develop and comply with a radiological safety plan in accordance with N.J.A.C. 7:28-27.15, in order to keep the radon exposure of affiliates as low as reasonably achievable. The plan shall be submitted to the Department for approval as part of the business's application for initial certification, and shall be provided to each affiliate annually, and when the certified business revises the plan to change the procedures affiliates must follow. If the plan is revised, the revised plan must be submitted to the Department for approval as part of the certified business's application for renewal certification, or as an amendment to its certification.

(g) A certified radon mitigation business shall provide radiation safety training to each prospective affiliate and uncertified individuals as specified at (n) below, including the following:

1. An overview of radiation and radiation safety;

2. An overview of radon and the risk of developing lung cancer from radon exposure; and

3. The radiation safety practices that each affiliate entering a building must follow for radon mitigation work, including:

i. Knowing the pre-mitigation radon test result;

ii. Ventilating building areas where mitigation work is being performed;

iii. Limiting the time spent in areas with potentially high radon concentrations;

iv. Taking work breaks/lunches away from elevated radon areas;

v. Allowing in the building only the number of persons necessary to carry out mitigation work; and

vi. Not smoking in buildings being mitigated.

(h) A certified radon mitigation business shall administer a radiation safety examination to prospective affiliates and shall determine:

1. The passing score required on the test; and

2. The measures the business will take if the prospective affiliate does not pass the test, such as additional training or re-administering the test.

(i) A certified radon mitigation business shall provide, to the Department, the method by which the business shall track radon exposure for each affiliate, including a description of the following:

1. An explanation of the tracking method s at (j) below, including all calculations;

2. Measures to be taken to ensure exposure does not exceed two working level months per year (WLM per year); and

3. Measures to be taken when exposure exceeds two WLM per year.

(j) A certified radon mitigation business shall annually track its affiliates' exposure to radon by:

1. Requiring its affiliates to wear a passive long-term radon detector while working for at least three consecutive months; or

2. Estimating radon exposure by performing one calculation using the highest pre-mitigation radon test result obtained by any affiliate and the maximum total time spent by any affiliate in buildings while conducting mitigations for the past year, or if a new business, by estimating radon exposure at six months and one year during the first year of certification, using the following calculation:

WLM per year = (exposure (WL) x hours exposed per year) /170 hours per month

(Assumes one month of work = 170 hours)

ER = (WL x 100)/ pCi/L

For radon mitigation, if the equilibrium ratio (ER) is not given, it is assumed to be 100 percent; which means that the ER = 1.0.

1 =(WL x 100)/ pCi/L

WL =(pCi/L)/ 100

(l) A certified radon mitigation business shall require an affiliate, prior to each mitigation system installation, to provide the client with a copy of a written contract that has been signed by the affiliate and the client. The form contract shall be submitted to the Department for approval as part of the certified business's application for initial certification. If the form is revised, the revised form must be submitted to the Department for approval as part of the certified business's application for renewal certification, or as an amendment to its certification. The form contract shall include:

1. The certified radon mitigation business's name, certification number, address, and telephone number;

2. The affiliate's printed name, signature, and certification number;

3. The client's printed name and signature;

4. The date on which the contract is effective;

5. The warranty, if any, on the reduction of the radon level, and the warranty shall specify when a fan is installed on pre-existing pipes, whether the entire mitigation system, including the pre-existing piping, is covered and, if it is not, the specific parts of the mitigation system that are covered. The contract shall state when no warranty is provided;

6. Diagnostic test results, if appropriate;

7. A written description of the specific radon mitigation system components to be installed;

8. A short-term radon test in accordance with (o) below;

9. Written instructions for the operation and maintenance of the mitigation equipment, including a discussion of the possible energy costs associated with operating the system;

10. An indication of whether there would be additional charges to the client for the certified business to perform further work on the installed system if the system does not meet the standards specified in the warranty;

11. The estimated service charge, if applicable, for the certified mitigation business to return to the property to address issues with the system while under warranty;

12. A statement that the signed contract constitutes the client's authorization to a certified radon measurement business to provide to the certified radon mitigation business the results of the postmitigation testing required at (o) below; and

13. The statement: "This notice is provided to you by a business certified by the New Jersey Department of Environmental Protection (Department) to perform radon mitigation services. At some time in the near future, a representative of the Department may contact you to ask your permission to visit your building. The purpose of the visit would be to inspect the recently installed radon mitigation system."

(m) Before performing work on an existing mitigation system, the certified business and specialist shall advise the client, in the contract, whether the mitigation system meets the most recent authorized mitigation protocol, and provide a written estimate of the upgrades needed, the cost to bring the system into compliance, and information regarding the potential health impact if the system is not upgraded.

(n) A certified radon mitigation business shall ensure that an uncertified individual assisting a certified individual with the mitigation shall not perform any aspect of the system design or installation including, but not limited to, drafting design drawings, installing the pipes, fan, and monitor, and sealing pipe connections. An uncertified individual assisting a certified individual with the mitigation may perform basic construction tasks including, but not limited to, moving supplies and tools, drilling holes in a foundation, clearing gravel and dirt from the suction point, cutting pipes, and cleaning the area after the mitigation system is installed.

(o) A certified radon mitigation business shall ensure that a short-term radon test is conducted no sooner than 24 hours after a mitigation system is installed and functioning and within 30 days after the installation of the system.

(p) A certified radon mitigation business shall include in the contract a reference to the Department's website at www.njradon.org for the most recent version of the testing and mitigation guidance document that is approved by the Department.

N.J. Admin. Code § 7:28-27.13

Amended and recodified from 7:28-27A.13 by 55 N.J.R. 165(a), effective 12/3/2022