Require Certified Mold Remediators

Section 1. The environmental conservation law is amended by adding a new article 32 to read as follows:

ARTICLE 32

MOLD ASSESSMENT AND REMEDIATION REQUIREMENTS Section 32-0101. Definitions.

32-0102. Credentials; general conditions.

32-0103. Exceptions and exemptions.

32-0104. Conflict of interest and disclosure requirement.

32-0105. Mold assessment technician; licensing requirements.

32-0106. Mold remediation contractor; licensing requirements.

32-0107. Minimum work practices and procedures for mold assess-

ment.

32-0108. Minimum work practices and procedures for mold remedi-

ation.

32-0109. Post-remediation assessment and clearance.

32-0110. Duty of property owner.

32-0111. Compliance; inspections and investigations.

32-0112. Compliance; reprimand, suspension, revocations,

probation.

32-0113. Compliance; administrative penalty. § 32-0101. Definitions.

1. The following words and terms within this article shall have the following meanings, unless the context clearly indicates otherwise.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04072-01-9

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a. "Assessor" means a person who conducts mold assessment as defined in this section and who is licensed under this article as a mold assessment technician or mold assessment consultant.

b. "Commercial mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter that was not purposely grown at a location. Preventive activities include those intended to prevent future mold contamination of a remediated area, including applying biocides or anti-microbial compounds.

c. "Containment" means a component or enclosure designed or intended to control the release of mold or mold-containing dust or materials into surrounding areas in the building. The broad category of containment includes such sub-categories as walk-in containment, surface containment (such as plastic sheeting), and containment devices (such as wall-mounted glove boxes).

d. "Containment area" means an area that has been enclosed to control the release of mold or mold-containing dust or materials into surrounding areas.

e. "Credential" means a license, registration, or accreditation issued under this article.

f. "Employee" means an individual who is paid a salary, wage, or remuneration by another person or entity for services performed and over whom the person or entity exerts supervision or control as to the place, time, and manner of the individual's work.

g. "Facility" means any institutional, commercial, public, governmental, industrial or residential building.

h. "Managing agent" means a company or individual that manages a residential or commercial building for an owner.

i. "Mold assessment report" means a document prepared by a licensed mold assessment technician for a client that describes any observations made, measurement taken, and locations and analytical results of samples taken by an assessment consultant or by an assessment technician during a mold assessment. An assessment report can be either a stand-alone document or a part of a mold management plan or mold remediation protocol.

j. "Mold management plan" means a document prepared by a licensed mold assessment consultant for a client that provides guidance on how to prevent and control indoor mold growth at a location.

k. "Mold remediation protocol" or "mold remediation work analysis" means a document, prepared by a licensed mold assessment technician for a client, that specifies the estimated quantities and locations of materials to be remediated and the proposed remediation methods and clearance criteria for each type of remediation in each type of area for a mold remediation project.

l. "Mold remediation work plan" means a document, prepared by a licensed mold remediation contractor that provides specific instructions and/or standard operating procedures for how a mold remediation project will be performed.

m. "Mold remediation worker" means an employee of the mold remediation contractor who engages in any mold-related activity restricted only under supervision of a licensed mold remediation contractor.

n. "Remediator" means a person who conducts mold remediation as defined in this section and who is credentialed under this article as a mold remediation contractor.

o. "Supervise" means to direct and exercise control over the activities of a person by being physically present at the job site or, if not

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physically present, accessible by telephone within ten minutes and able to be at the site within one hour of being contacted.

p. "Work analysis" means a mold remediation protocol.

q. "Work plan" means a mold remediation work plan. § 32-0102. Credentials; general conditions.

1. A person must be licensed in compliance with this article to engage in mold assessment or mold remediation unless specifically exempted under section 32-0103 of this article.

2. Age requirement. Each individual applying to be licensed under this article must be at least eighteen years old at the time of application.

3. Certification. An applicant for the license shall submit proof or certification by the American Council for Accredited Certification or any other nationally recognized, third-party accredited certifying body that operates independently of training organizations and industry trade associations. An applicant for license renewal shall submit proof of continued certification by the American Council for Accredited Certification or any other nationally recognized, third-party accredited certifying body that operates independently of training organizations and industry trade associations.

4. Department examination. An applicant for an initial license must pass the department licensing examination in that area of licensure with a score of at least seventy percent correct before applying for the license. All applicants must pass the department licensing examination within six months of earning certification pursuant to subdivision three of this section.

a. Re-examination. An individual is permitted to take two re-examinations after failing an initial examination. An individual who fails both re-examinations must submit a new application for the state examination.

b. Scheduling and registration. Annually, the department shall publish a schedule of examination dates and locations. Registration for examination date and location must be submitted by mailing, faxing, or e-mailing a registration form to the department and must be received by the department no later than five working days before the examination date. Information on the examination schedule and assistance with registration is available by contacting the department. Entrance into the examination site will be allowed only upon presentation of a valid photo identification.

c. A fee of twenty-five dollars is required for any examination or re-examination. The department must receive the required fees no later than five working days before the examination.

5. Applications. Each application for approval for licensing shall be provided by the department. Each application for approval must provide all required information. An applicant for an initial license must submit the complete application to the department within six months of obtaining certification pursuant to subdivision three of this section, or must successfully pass the department licensing examination before submitting a new initial application.

6. Term and expiration. a. All licenses issued on or after January first, two thousand twenty, shall be valid for two years and expire on the second anniversary of the effective date of the license.

b. Fees commensurate with a two-year license must be included with any application for a license that will expire on the second anniversary of its effective date of the license.

c. A license holder is in violation of this article if the holder practices with lapsed qualifications.

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7. Condition of issuance. No identification (ID) card or approval issued under this article shall be sold, assigned, or transferred. ID cards issued by the department must be present at the worksite any time an individual is engaged in mold-related activities. The department retains the right to confiscate and revoke any ID card or approval that has been altered. § 32-0103. Exceptions and exemptions.

1. Exceptions. This article shall not apply to:

a. the following activities when not conducted for the purpose of mold assessment or mold remediation:

(1) routine cleaning;

(2) the diagnosis, repair, cleaning, or replacement of plumbing, heating, ventilation, air conditioning, electrical, or air duct systems or appliances;

(3) commercial or residential real estate inspections; and

(4) the incidental discovery or emergency containment of potential mold contamination during the conduct or performance of services listed in this subdivision. For purposes of this subdivision, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination;

b. the repair, replacement, or cleaning of construction materials during the building phase of the construction of a structure;

c. the standard performance of custodial activities for, preventive maintenance of, and the routine assessment of property owned or operated by a governmental entity; or

d. a pest control inspection conducted by a person regulated under article thirty-three of this chapter.

2. Minimum area exemption. A person is not required to be licensed under this article to perform mold remediation in an area in which the mold contamination for the project affects a total surface area of less than twenty-five contiguous square feet.

3. Residential property exemption. An owner, or a managing agent or employee of an owner, is not required to be licensed under this article to perform mold assessment or mold remediation on a residential property which is owned by that person, and which has fewer than six residential dwelling units. This exemption applies regardless of the total surface area within the residential property that is affected by mold growth. This exemption does not apply to a managing agent or employee who engages in the business of performing mold assessment or mold remediation for the public.

4. Facility exemption. An owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed under this article to perform mold assessment or mold remediation on property owned or leased by the owner or tenant. This exemption does not apply:

a. if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public;

b. if the mold remediation is performed in an area in which the mold contamination affects a total surface area of twenty-five contiguous square feet or more; or

c. to a person exempt under subdivision three of this section.

5. Construction and improvement exemption. A person is not required to be licensed under this article to perform mold assessment or mold remediation in a one-family or two-family dwelling that the person constructed or improved if the person performs the mold assessment or mold remediation at the same time the person performs the construction or improvement or at the same time the person performs repair work on

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the construction or improvement. This exemption applies regardless of the total surface area that is affected by mold growth. This exemption does not apply if the person engages in the business of performing mold assessment or mold remediation for the public. For purposes of this subdivision, "improve" means "to build, construct, or erect a new building or structure or a new portion of a building or structure that is attached to an existing building or structure" and "improvement" means "a building or structure, or a portion of a building or structure, that was built, constructed, or erected as an attachment to an existing building or structure after the construction or erection of the existing building or structure."

6. Supervised employee exemption. An employee of a license holder is not required to be licensed under this article to perform mold assessment or mold remediation while supervised by the license holder.

7. Exceptions for licensed professionals. All persons engaged in moldrelated activities must be licensed as outlined in this article, except that those professionals currently licensed by the state in another field (including, but not limited to, medicine, architecture, or engineering) who provide to a mold licensee only consultation related to that other field are not required to be separately licensed under this article. In such a case, the responsibility for the project or activity remains with the mold licensee.