New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 28 - RADIATION PROTECTION PROGRAMS
Subchapter 27 - RADON TESTING AND MITIGATION
Section 7:28-27.9 - Responsibilities of a certified radon measurement business
Current through Register Vol. 56, No. 6, March 18, 2024
(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:
(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.
(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:
(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:
(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:
(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: