N.J. Admin. Code § 7:28-27.26

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

Section 7:28-27.26 - Responsibilities of a certified radon mitigation specialist

(a) A certified radon mitigation specialist shall maintain his or her certification by submitting an annual renewal application in accordance with N.J.A.C. 7:28-27.25 and amending the certification, when necessary, in accordance with N.J.A.C. 7:28-27.3(j).

(b) A certified radon mitigation specialist shall possess any combination of three years of relevant education and work experience. For purposes of this section, relevant education means college level studies in architecture or engineering, technical school education in heating, ventilation, and air conditioning, and/or mitigation instruction through observing radon mitigation system installation under the direction of a radon mitigation specialist; and relevant work experience means the design, construction, and renovation of buildings and/or the design and installation of mitigation systems if he or she has obtained mitigation experience by being licensed, certified, or accredited by another state or a nationally recognized organization. The education and work experience requirements shall not apply to an individual who provides documentation that he or she holds a valid license in New Jersey as a professional engineer.

(c) A certified radon mitigation specialist shall complete an eight-hour multifamily buildings training course and/or an eight-hour schools and large buildings training course approved by a nationally recognized organization, and shall provide a copy of each of these training certificates to the radon mitigation business, in order to mitigate these building types. This training shall be, in addition to, the initial training required at N.J.A.C. 7:28-27.24(c)3.

(d) A certified radon mitigation specialist shall annually complete eight hours of continuing education from a nationally recognized organization, completed no more than 12 months prior to the current certification expiration date or no more than 12 months prior to the renewal application submittal date, if the certification is expired.

(e) A certified radon mitigation specialist or an individual seeking certification as a radon mitigation specialist who received an acknowledgement notice from the Department in accordance with N.J.A.C. 7:28-27.24(d), shall affiliate with at least one business in accordance with N.J.A.C. 7:28-27.5.

1. For each business, the individual shall:

i. Review and comply with the radiological safety plan in accordance with N.J.A.C. 7:28-27.15;

ii. Take radiation safety training and pass a subsequent examination in accordance with N.J.A.C. 7:28-27.13(g); and

iii. Sign an affiliation form in accordance with N.J.A.C. 7:28-27.5; and

2. If a certified radon mitigation specialist is affiliated with more than one certified business, the certified individual shall follow the radiological safety plan for the business through which the radon mitigation is performed.

(f) A certified radon mitigation specialist shall conduct radon mitigation only while certified and affiliated, and only in accordance with the authorized mitigation protocols for each building type, this subchapter, and the certified business's radiological safety plan, and shall otherwise comply with this subchapter.

(g) Prior to the installation of a mitigation system, a certified radon mitigation specialist shall provide the client with a copy of a written contract that has been signed by the affiliate and the owner or their legal representative. The contract shall be supplied on behalf of the certified business as provided at N.J.A.C. 7:28-27.13(l).

(h) Prior to performing work on an existing mitigation system, a certified radon mitigation specialist on behalf of the certified business shall advise the client, in writing, whether the mitigation system meets the most recent authorized mitigation protocol, and provide a written estimate of the upgrades needed, and the cost to bring the system into compliance.

(i) A certified radon mitigation specialist on behalf of the certified business shall, as provided at N.J.A.C. 7:28-27.13(n), allow an uncertified individual to assist with only basic construction tasks during the installation of the radon mitigation system.

(j) A certified radon mitigation specialist 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.

(k) A certified radon mitigation specialist that directs the daily operation of the certified business shall:

1. Ensure that the certified radon mitigation business and its affiliates are in compliance with the business's most recent certification and this subchapter;

2. Prepare and sign affiliation letters issued by the business;

3. Review, approve, verify, and sign the certified business's reports that are specified at N.J.A.C. 7:28-27.17(b);

4. Prepare, sign, implement, and ensure compliance with the radiological safety plan;

5. Ensure that a contract is provided for each mitigation system in accordance with (g) above;

6. Ensure that the certified business maintains records in accordance with N.J.A.C. 7:28-27.16; and

7. Prepare and submit the business's annual certification application.

N.J. Admin. Code § 7:28-27.26

Amended and recodified from 7:28-27A.26 by 55 N.J.R. 165(a), effective 12/3/2022