New Jersey enacted legislation directing the state’s Department of Community Affairs to adopt a radon hazard code or revise the state building code to establish “adequate and appropriate standards to ensure that schools and residential buildings within tier one areas [as defined by the state] ... are constructed in a manner that minimizes radon gas and radon progeny entry and facilitates any subsequent remediation that might prove necessary.” See N. J. Stat. Ann. 52:27D-123a.
The Department then adopted a radon hazard sub-code which does not reference existing model standards or guidance, but which sets forth the basic requirements for a passive sub-slab or sub-membrane depressurization system. See N. J. Admin. Code 5:23-10.4. The radon control standards and procedures apply to new residential construction (and school construction) in “tier one” areas, as defined by the state, and Appendix 10-A of the sub-code lists the specific municipalities that are designated as tier one areas.