Requires the licensure of mold assessment and remediation specialists and sets minimum work standards for mold assessment and remediation specialists

Summary of specific provisions

This would add a new Article 32 to the Labor Law establishing the licensing of mold inspection, assessment and remediation specialists and minimum work standards.

Section 1: Title 1 - Defines mold, mold remediation, mold assessment, and mold abatement. The bill differentiates mold remediation and mold assessment by defining mold remediation as conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. Mold assessment is defined as an inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth, and/or indicia of conditions that are likely to facilitate indoor mold growth.

The licensing requirements state that no person shall be licensed to conduct mold-related services unless they: (a) are eighteen years of age or older;

(b) have satisfactorily completed Department of Labor-approved course work, including training on the appropriate use and care of personal protection equipment as approved by the Commissioner of the Department of Health; and

(c) have paid the appropriate fees. The licensing requirements prohibit any contractor to engage in mold assessment or mold remediation without a valid license issued by the Commissioner of Labor which must be present and on display at the worksite. The bill also prohibits a person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor.

The bill further authorizes the Department of Labor to impose civil penalties and revoke a contractor's license after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause shown which shall include, but not be limited to, the following:

(a) conviction of a felony relating to the performance of a mold assessment or mold remediation;

(b) deceit or misrepresentation in obtaining a license authorized under Article 32;

(c) providing false testimony or documents to the Department of Labor in relation to a license authorized by Article 32or any other license issued by the Department of Labor;

(d) deceiving or defrauding the public in relation to services provided for a fee that require a license; or

(e) incompetence or gross negligence in relation to mold assessment or mold remediation.

Title 2 - Details the minimum work standards for the conduct of mold assessments and mold remediation by licensed persons. The bill requires a mold assessment licensee to prepare a mold remediation plan that is specific to each remediation project and to provide the plan to the client before the remediation begins. The mold remediation plan must specify the following:

(a) the rooms or areas where the work will be performed;

(b) the estimated quantities of materials to be cleaned or removed;

(c) the methods to be used for each type of remediation in each type of area;

(d) the personal protection equipment (PPE) to be supplied by licensed remediates for used by licensed abaters;

(e) the proposed clearance procedures and criteria for each type of remediation in each type of area;

(f) when the project is a building that is currently occupied, how to properly notify the occupants of such projects, taking into consideration proper health concerns; the plan must also provide recommendations for notice and posting requirements that are appropriate for the project size, duration and points of entry;

(g) an estimate of cost and an estimated time frame for completion; and

(h) when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture.

The bill provides that signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas and that no person shall remove or dismantle any containment structures or materials from, a project site prior to receipt by the mold remediation licensee overseeing the project of a notice from a mold assessment licensee that the project has achieved clearance which shall be determined upon review of a post-remediation assessment. The bill states that a post-remediation assessment shall determine whether:

(a) the work area is free from all visible mold; and

(b) all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan.

Section 2: Adds a section 97-pppp to the State Finance Law which creates the mold assessment and remediation account. The account would be under the custody of the NYS Comptroller and shall consist of moneys collected pursuant to the provisions of Article 32 of the Labor Law. The moneys of the account will be made available to the Commissioner of Labor for the purposes of offsetting the costs incurred by the Commissioner for the administration of Article 32 of the Labor Law, including the administration of licenses, coursework and training programs, and enforcement as set forth in Article 32.

The bill would prohibit moneys to be paid out without a certificate of allocation and a schedule of amounts to be made available upon issuance by the Director of the Budget, and a copy of such certificate to have been filed with the Comptroller.

Section 3: This act shall take effect on the one hundred eightieth day after it shall have become a law.

Justification

Several months after Hurricane Sandy ravaged parts of New York with massive flooding, there is an increasing public health risk associated with mold growth in residential and commercial buildings. Mold exposure causes respiratory health problems and people (especially children) with asthma are particularly vulnerable to illnesses from mold exposure. Mold can also sometimes cause even more serious health problems. Many people do not fully understand mold problems, the causes of mold in buildings, and the proper assessment and/or remediation when a mold problem exists. As a result, it is in the interest of the public safety and welfare to prevent future damage to real and personal property, minimize the public health risks posed by mold in public and private buildings, and avert economic injury to NYS residents by regulating persons and companies that hold themselves out to the public as qualified to perform mold-related services. This bill will ensure that the public is protected from unscrupulous contractors offering mold assessment and/or remediation, and that licensed persons and/or businesses engaged in mold assessment and/or remediation will be properly trained.

Prior legislative history

2013 - P-Sen., 61-2; died in Assembly Economic Development Committee.

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect 180 days after enactment.