N.J. Admin. Code § 7:28-27.28

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:28-27.28 - Inspections

(a) The Department and its representatives may enter, and inspect, any site, building, or equipment, or any portion thereof, owned or operated by an applicant or by the certified radon measurement or mitigation individual or business, at any time, in order to ascertain compliance with the Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., this subchapter, any certification, or any other agreement or order issued or entered into pursuant thereto. Such right shall include, but not be limited to, the right to test any equipment at the facility, to sketch or photograph any portion of the site, building, or equipment, to copy, or photograph any document or records necessary to determine such compliance, and to interview any employees, affiliates, or representatives of the owner, operator, or applicant. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials, as requested, and compliance with appropriate standard safety procedures.

(b) Certified businesses or applicants, and any employees, affiliates, or representatives thereof, shall assist and shall not hinder or delay the Department and its representatives in the performance of all aspects of any inspection. This assistance shall include allowing the Department and its representatives to accompany an affiliate at a particular building or property for the purpose of inspecting the affiliate's activities, while the affiliate is performing any measurement, mitigation, or safeguard activity. During an inspection in which the Department is accompanying an affiliate, the affiliate shall use all sampling and measurement equipment under normal routine operating conditions or under such other conditions as may be requested by the Department. This assistance shall also include deploying Department sampling devices alongside the business's device and returning the Department sampling devices to a designated location. The affiliate shall, upon request, make sampling and measurement equipment available to the Department for the purpose of making comparative measurements.

(c) Upon request, a certified business shall make known to the Department's representatives, the owners, residents, and addresses of properties or buildings where radon measurement, mitigation, or safeguard activities are scheduled, in progress, or completed for the purpose of possible inspection by the Department.

N.J. Admin. Code § 7:28-27.28

Amended by R.2005 d.239, effective 7/18/2005.
See: 37 N.J.R. 8(a), 37 N.J.R. 2675(a).
In (c), substituted "Radon Testing and Mitigation: The Basics" for "Guidance on Performing Screening and Follow-up Measurement Tests"; in (e), deleted "Projects" following "Attention: Radon" in the third paragraph following 4; and substituted references to "progeny" for references to "decay product" throughout.

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