N.J. Admin. Code § 7:28-27.9

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

Section 7:28-27.9 - Responsibilities of a certified radon measurement business

(a) A certified radon measurement business shall maintain its certification by submitting an annual renewal application in accordance with N.J.A.C. 7:28-27.8 and amending its certification, when necessary, in accordance with N.J.A.C. 7:28-27.3(j).

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

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

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

1. The information required at N.J.A.C. 7:28-27.6(d);

2. A list of the non-portable devices, including the device manufacturer/model and device number, as assigned by a nationally recognized organization, to be used by the business and/or its affiliates and either:

i. The name and certification number of the analytical laboratory certified in accordance with N.J.A.C. 7:18 that will analyze each device; or

ii. An indication that the certified business will analyze the non-portable devices, in which case the certified business shall provide its certification number pursuant to N.J.A.C. 7:18;

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

4. The name of the affiliate or affiliates who will test 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 training course, as applicable.

(e) The daily operation of a certified radon measurement business shall be directed by one or more certified radon measurement specialists affiliated with the business, whose responsibilities are set forth at N.J.A.C. 7:28-27.20(j).

(f) A certified radon measurement business shall develop and comply with a QA plan in accordance with N.J.A.C. 7:28-27.14 for each device model identified in its certification and to be used by its affiliates in order to ensure the reliability and validity of radon measurements. The plan shall be submitted to the Department for approval as part of the business's application for initial certification, or an amendment to its certification, and shall be provided to each affiliate annually and when the certified business revises the plan to change the procedure affiliates must follow.

(g) A certified radon measurement business shall establish a chain of custody form for each type of portable and non-portable device and each building type. The chain of custody form shall be submitted to the Department for approval as part of the business's application for initial certification or an amendment to its certification and shall include (g)1 through 19 below when the form is completed in its entirety by an affiliate for every device, and (g)1, (g)3 through 17 below when the form is completed by an individual not subject to certification pursuant to N.J.A.C. 7:28-27.1(c)1 and 2. The affiliate shall complete (g)7 and (g)14 through 17 in the field.

1. Test location including address, city, State, zip code, incorporated municipality, and county;

2. Client address, city, State, and zip code, if different than test location;

3. Portable or non-portable device type;

4. Device model number for portable devices;

5. Device serial number or reference number;

6. Floor where the test was conducted: zero is the basement, one is the first floor, etc.;

7. Whether closed building conditions, as provided in the applicable authorized measurement protocol, were met;

8. The type of building the test was performed in: residential, non-residential, or school.

i. If the building is residential, whether it is a single-family, condominium, townhouse, apartment, or other residential building type; and

ii. If the building is a school, the school name, New Jersey Department of Education school code, and room number of the location tested;

9. Structure type: basement, crawlspace, slab on grade, or combination;

10. Test type: standard, blank, or duplicate;

11. Whether the test was conducted at a child care center;

12. Whether the test was conducted as part of a real estate transaction;

13. Whether the test was conducted after mitigation;

14. The certification number of the individual who deployed the device. If the individual is not subject to certification, the signature of the individual;

15. The time and date the device was deployed;

16. The certification number of the individual or the signature of the owner who retrieved the device;

17. The time and date the device was retrieved;

18. If the device is non-portable, the certification number of the radon laboratory analyzing the device; and

19. The calibration expiration date for the CRM, electret reader, or other portable device that the affiliate used for the test.

(h) If the certified radon measurement business provides devices to an individual not subject to certification pursuant to N.J.A.C. 7:28-27.1(c)1 or 2, the certified business shall also provide a testing instruction document to the individual. The instruction document shall be submitted to the Department for approval as part of its application for initial or renewal certification or as an amendment to its certification, and shall include:

1. Specific testing requirements in accordance with the authorized measurement protocols;

2. The requirement to complete the chain of custody form in its entirety; and

3. Directions for the return of the device to the business.

(i) Neither the certified business nor any of its affiliates shall conduct a test with a device, unless the device is identified on the certified business's certification and has a current calibration certificate. A certified business shall add a device to its certification during initial or renewal certification in accordance with N.J.A.C. 7:28-27.7 or 27.8, or as an amendment in accordance with N.J.A.C. 7:28-27.3(j) and 27.6(d).

(j) A certified radon measurement business shall secure the services of a laboratory certified pursuant to N.J.A.C. 7:18, Regulations Governing the Certification of Laboratories and Environmental Measurements, to analyze non-portable devices belonging to the certified business. In the alternative, the certified business may analyze the non-portable devices, provided the business is certified to analyze the devices pursuant to N.J.A.C. 7:18.

(k) A certified radon measurement business shall implement quality control measures in accordance with N.J.A.C. 7:28-27.10.

(l) A certified radon measurement business shall invalidate a test that does not meet the requirements of the authorized measurement protocols, the QA plan, or this subchapter. If a test is invalidated:

1. The reason for invalidating the test shall be clearly documented on the client report form;

2. The test result shall not be reported on the client report form or otherwise provided to the client; and

3. The test shall not be reported to the Department.

(m) A certified radon measurement business shall report tests performed only by an affiliate, or by an individual not subject to certification pursuant to N.J.A.C. 7:28-27.1(c)1 and 2, and reviewed by a measurement specialist, to the Department in accordance with N.J.A.C. 7:28-27.17(a), and in a client report form in accordance with N.J.A.C. 7:28-27.17(c). The client report form shall be submitted to the Department for approval as part of its 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.

(n) A certified radon measurement business shall include in the client report 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.

(o) A certified radon measurement business shall establish a confidentiality waiver form and require affiliates to use the waiver form to obtain written authorization from the owner to provide an address and corresponding radon test result to an individual other than the building owner, or the buyer in the case of a prospective sale. A waiver shall not apply to individuals referenced at N.J.A.C. 7:28-27.3(c). The waiver form shall be submitted to the Department for approval as part of the 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 waiver shall include:

1. A statement in accordance with N.J.A.C. 7:28-27.3(b) indicating that the owner or their legal representative agrees to release the information;

2. The name and signature of the owner or their legal representative as provided at N.J.A.C. 7:28-27.3(c);

3. The name and signature of the affiliate; and

4. The date that the owner or representative signs the document.

(p) A certified radon measurement 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.

(q) A certified radon measurement business shall provide radiation safety training to each prospective affiliate, 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;

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

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

ii. Responding to questions or concerns of clients in a low radon area;

iii. Setting up radon testing devices prior to entering an area with potentially high radon concentrations; and

iv. Not smoking in buildings being tested; and

4. A certified radon measurement business shall administer a radiation safety examination to prospective affiliates and shall determine:

i. The passing score required on the test; and

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

N.J. Admin. Code § 7:28-27.9

Amended and recodified from 7:28-27A.9 by 55 N.J.R. 165(a), effective 12/3/2022