[Added 8-4-1993 by Ord.
No. 25-93]
This Article shall apply to any enclosed building or structure
which is intended for human occupancy, excluding areas above the first
floor.
A.
New construction. No newly constructed building or part thereof shall
be occupied unless a representative sample of air in the building
has been taken and analyzed for radon contamination pursuant to this
Article and N.J.S.A. 26:2D-70 et seq.
B.
Existing buildings. No existing building shall be sold or transferred
unless a representative sample of the air in the building has been
taken and analyzed for radon contamination pursuant to this Article
and N.J.S.A. 26:2D-70 et seq. The representative air samples must
have been taken within one (1) year of the date of transfer of the
building.
Tests for the presence of radon contamination shall take place
on the lowest occupiable floor of the building. The person performing
the test shall be qualified to do so as provided in N.J.S.A. 26:2D-70
et seq. and shall give notification to the appropriate authorities
as required by that statute and the regulations promulgated thereunder.
In the case of a prospective sale of a building which has been
tested for radon gas, the seller shall provide the buyer, at the time
the contract of sale is entered into, with a copy of the result of
that test and evidence of any subsequent mitigation or treatment,
and any prospective buyer who contracts for the testing shall have
the right to receive the results of that testing.
Violations of this Article shall be punished by a fine of not
more than one thousand dollars ($1,000.). Every separate day of violation
shall be considered a separate and distinct offense.
