Current through Register Vol. 56, No. 18, September 16, 2024
(a)
This part of the regulations, adopted pursuant to the State Uniform
Construction Code Act, P.L. 1975, c. 217, as amended and as supplemented by
P.L. 1989, c.186 (52:27D-119 et seq.), and entitled
Radon Hazard Subcode, shall be known, and may be cited throughout the
regulations as, N.J.A.C. 5:23-10 and, when referred to in this subchapter, may
be cited as "this subchapter".
1. This
subchapter is intended to complement rules adopted by the New Jersey Department
of Environmental Protection at N.J.A.C. 7:28-27 which provide for certification
of persons who sell radon or radon progeny devices, test for radon or radon
progeny, or mitigate radon in buildings.
i.
Copies of 26:2D-70 et seq. and N.J.A.C.
7:28-27 may be obtained from the New Jersey Department of Environmental
Protection, PO Box 411, Trenton, NJ 08625-0411.
(b) This subchapter pertains to the
construction of all buildings in Use Groups E and R, as defined in the building
subcode, within recognized radon prone areas defined as tier one by the New
Jersey Department of Environmental Protection and shall control matters
relating to construction techniques to minimize radon gas and radon progeny
entry and facilitate any subsequent remediation that might prove
necessary.
(c) This subchapter
seeks to protect and ensure public safety, health and welfare insofar as it is
affected by radon entry into schools and residential buildings.
1. It is the purpose of this subchapter to
establish standards and procedures to ensure that construction techniques that
minimize radon entry and that facilitate any post-construction radon removal
that is required shall be incorporated in the construction of all buildings in
Use Groups E and R in tier one areas and are permitted to be incorporated
elsewhere in New Jersey.
2. Radon
is a colorless, odorless, tasteless, radioactive gas that occurs naturally in
soil gas, underground water, and outdoor air. Prolonged exposure to elevated
concentrations of radon and its progeny (that is, substances formed as a result
of the radioactive decay of radon) has been associated with increases in the
risk of lung cancer. An elevated concentration is defined as being at or above
the guideline of 4 pCi/L or 0.02 WL average annual exposure.
3. Inasmuch as it is deemed to be more cost
effective to build schools and residential buildings that resist radon entry
than to remedy a radon problem after construction, design and construction
techniques shall be employed, in tier one areas, to minimize pathways for soil
gas to enter and features shall be incorporated during construction in tier one
areas that will facilitate radon removal after completion of the structure if
prevention techniques prove to be inadequate.
4. The installation of radon mitigation
systems in existing portions of buildings shall not be subject to the
construction technique requirements set forth in
5:23-10.4.
