New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 28 - RADIATION PROTECTION PROGRAMS
Subchapter 27 - RADON TESTING AND MITIGATION
Section 7:28-27.1 - Scope and applicability

Universal Citation: NJ Admin Code 7:28-27.1

Current through Register Vol. 56, No. 6, March 18, 2024

(a) (Reserved.)

(b) This subchapter establishes rules, requirements, and procedures with which an individual or business wishing to perform radon testing or mitigation in New Jersey shall comply in order to become, and remain, certified. Except as set forth at (c) below, certification is mandatory in New Jersey for any business or individual performing radon testing or mitigation services in buildings, as required pursuant to N.J.S.A. 26:2D-70 et seq.

(c) The certification program established in this subchapter shall not apply to:

1. An individual performing testing or mitigation on a building he or she owns, as provided at N.J.S.A. 26:2D-72. If the owner of a building is other than an individual, radon testing or mitigation performed on the building shall be performed by a certified business and certified individual;

2. An individual performing radon testing or mitigation without remuneration, as provided at N.J.S.A. 26:2D-72;

3. An individual or business subject to the new construction techniques set forth at N.J.A.C. 5:23-10;

4. A retail outlet that does not provide any services set forth in this subchapter;

5. An individual or business that manufactures or sells radon measurement devices, but does not otherwise test for, or mitigate, radon in New Jersey; and

6. A business that samples and analyzes for radon in water as regulated by N.J.A.C. 7:18.

(d) If any provision of this subchapter, or the application thereof to any individual, business, or circumstance, is adjudicated to be invalid or unenforceable to any extent, the remainder of this s ubchapter, or its application to any individual, business, or circumstance other than those that are the subject of the adjudication, shall continue to be unaffected by the adjudication.

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