N.J. Admin. Code § 7:28-27.5

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

Section 7:28-27.5 - Affiliation

(a) A certified business shall ensure that radon services are conducted on its behalf by a certified individual with whom the business is affiliated, or by an individual not subject to certification pursuant to N.J.A.C. 7:28-27.1(c)1 and 2.

(b) Prior to affiliation, an individual shall provide to the certified business or business with an acknowledgement notice:

1. If the individual is not yet initially certified, a copy of the Department's acknowledgement notice as specified at N.J.A.C. 7:28-27.18(d), 27.21(d), or 27.24(d);

2. If the individual is certified, a copy of a valid Department certification credential;

3. If the individual will test or mitigate multifamily buildings or schools and large buildings, proof of an eight-hour training course for multifamily buildings, and/or an eight-hour training course for schools and large buildings, in accordance with N.J.A.C. 7:28-27.20(c), 27.23(b), and 27.26(c); and

4. If the individual will use a portable device, proof of passing the authorized proficiency test for each device model.

(c) A certified business or business with an acknowledgement notice shall provide the following to each prospective affiliate:

1. A copy of the QA plan, prepared in accordance with N.J.A.C. 7:28-27.14;

2. A copy of the radiological safety plan, prepared in accordance with N.J.A.C. 7:28-27.15; and

3. Radiation safety training, in accordance with N.J.A.C. 7:28-27.9(q) and 27.13(g).

(d) A certified business or a business with an acknowledgement notice and a certified individual or an individual with an acknowledgement notice shall affiliate by completing the affiliation form available on the Department's website at www.njradon.org, and submitting the form to the Department in accordance with (f) below. The completed affiliation form shall include:

1. The business's name and certification number, if the business is already certified;

2. The business representative's name and signature;

3. The affiliate's name, certification number, if the individual is already certified, and signature;

4. The date the affiliation form is signed;

5. A statement that the business has provided to the affiliate the QA plan (if applicable), the radiological safety plan, and radiation safety training; and

6. A statement that the certified business and certified affiliate are both responsible for complying with this subchapter when conducting testing or mitigation.

(e) A certified business or a business with an acknowledgement notice shall add an affiliate or an individual with an acknowledgement notice to its initial application or amend its certification prior to the individual performing radon testing and/or mitigation activities through an arrangement with the certified business.

(f) A certified business or a business with an acknowledgement notice adds an affiliate to its certification by amending its certification in accordance with N.J.A.C. 7:28-27.3(j). The business shall submit the completed affiliation form to the Department with the request for amendment and shall provide a copy of the request for amendment to the individual.

(g) A certified business removes an affiliate from its certification by amending its certification in accordance with N.J.A.C. 7:28-27.3(j). The certified business shall provide a copy of the request for amendment to the individual.

(h) The amendment to add or remove an affiliate from the business's certification shall be effective on the date of the Department's written confirmation to the business and affiliate that it has amended the business's certification. In the case of a business with an acknowledgement notice, the affiliation shall be effective on the date the business receives its certification credential.

(i) If a certified individual or certified business fails to comply with this subchapter, the Department may investigate and, when necessary, limit the number of affiliations for that business or individual until the Department is satisfied that the business or individual can demonstrate compliance.

1. Notice pursuant to this subsection shall be served by certified mail or by personal service, concisely state the facts that give rise to the order, and advise the violator of the right to request an adjudicatory hearing pursuant to the procedure at N.J.A.C. 7:28-27.31.

2. Use of any remedy pursuant to this subsection shall not preclude the use of any other remedy available to the Department.

N.J. Admin. Code § 7:28-27.5

Amended and recodified from 7:28-27A.5 by 55 N.J.R. 165(a), effective 12/3/2022