Requires any person engaged in commercial mold remediation to be certified by the commissioner

Title of bill

An act to amend the environmental conservation law, in relation to establishing mold assessment and remediation requirements

Purpose

This subchapter contains requirements for the certifying and licensing of persons performing mold assessments and mold remediation, minimum work standards for the conduct of mold assessments and remediation by licensed persons, duty of property owner, and compliance.

Summary of provisions

Creates a new article 32 in the environmental conservation law requiring licensing of persons who engage in the profession of mold assessment and remediation.

* Sec. 32-0101 defines words and terms within the article; * Sec. 32-0102 explains the certification and licensing requirements an applicant must comply with to engage in mold assessment or mold remediation unless exempted under Sec. 32-0103 of this title; * Sec. 32-0103 exempts particular persons and property such as pest control, facility, residential properties, and licensed professionals, etc; * Sec. 32-0104 would disclose ownership interest a licensee may have in any mold-related entity and prohibits a licensee from performing both mold assessment and mold remediation on the same project; * Sec.32-0105 lists the requirements for licensing a mold assessment technician; * Sec. 32-0106 lists the requirements for licensing a mold remediation contractor; * Sec. 32-0107 clarifies the general work and minimum requirements for mold assessment in regards to practice and procedures; * Sec. 32-0108 clarifies the general work and minimum requirements for mold remediation in regards to practice and procedures; * Sec. 32-0109 explains the post-remediation clearance criteria in tem1S of analytical methods, determine the underlying cause of mold in the property, and the passed clearance and final status report; * Sec.32-0110 requires the property owner to provide a written document of mold damage remediation during the last five years to the buyer of the property; * Sec. 32-0111 allows the department to inspect or investigate the practices of any person involved with mold-related activity; * Sec. 32-0112 allows the department to issue a penalty to a licensee in the form of suspension, revocations, or probation; * Sec. 32-0113 allows the department to issue an administrative penalty if a person violates this article.

Justification

Poor indoor air quality has been cited as a leading cause of respiratory and overall health ailments. A major contributing factor is the presence of mold which, even at a very low exposure, may result in adverse health reactions in some individuals. For those who are easily and seriously affected by the existence of mold it is essential that the mold be removed and the moisture condition which cultivated the growth be corrected. Some believe that mold growth can be easily eradicated by a thorough scrubbing or fresh coat of paint. This cosmetic approach fails to address a problem which, in porous materials usually goes far deeper than what is visible to the untrained individual. A thorough repair, which can require structural adjustments of water damage and moisture buildup is necessary for a successful remediation. This legislation will protect consumers from hiring contractors who contend to be professionals in mold assessment and remediation by creating a state license for the profession. This license would demonstrate the professional's knowledge and proper experience in mold assessment and remediation. This license will decrease the incidence of costly, as well as hazardous and unsuccessful, elimination of mold by untrained and unlicensed individuals.

Fiscal implications

Undetermined.

Effective date

Immediately.