senate Bill S3667

Signed by Governor Amended

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

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 08 / Feb / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 10 / Jun / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 10 / Jun / 2013
    • PRINT NUMBER 3667A
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1380
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 03 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1110
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING (T) 3667B
  • 12 / Jun / 2014
    • AMENDED ON THIRD READING (T) 3667C
  • 16 / Jun / 2014
    • AMENDED ON THIRD READING 3667D
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A5117C
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.596
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 30 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Jan / 2015
    • SIGNED CHAP.551
  • 29 / Jan / 2015
    • APPROVAL MEMO.36

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5117
Versions:
S3667
S3667A
S3667B
S3667C
S3667D
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Add Art 32 Title 1 §§930 - 940 & Title 2 §§945 - 948, Lab L; add §97-pppp, St Fin L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3667

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 8, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  CARLUCCI,  KLEIN, SMITH, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Consumer Protection

AN  ACT  to amend the general business law, in relation to requiring the
  licensure of mold assessment and remediation specialists  and  setting
  minimum work standards for mold assessment and remediation specialists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 40 of the general business law,  as  renumbered  by
chapter 407 of the laws of 1973, is renumbered article 60.
  S  2.  Sections 900 and 901 of the general business law, as renumbered
by chapter 407 of the laws of 1973, are  renumbered  sections  2000  and
2001.
  S 3. The general business law is amended by adding a new article 40 to
read as follows:
                                ARTICLE 40
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
TITLE  I.  LICENSING  OF  MOLD  INSPECTION,  ASSESSMENT  AND REMEDIATION
             SPECIALISTS AND MINIMUM WORK STANDARDS (SS 900-910).
        II. MINIMUM WORK STANDARDS FOR THE CONDUCT OF  MOLD  ASSESSMENTS
              AND REMEDIATION BY LICENSED PERSONS (SS 915-917).

                                 TITLE I
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
SECTION 900. DEFINITIONS.
        901. LICENSES REQUIRED.
        902. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS.
        903. EXEMPTIONS.
        904. LICENSE ISSUANCE AND RENEWAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-02-3

S. 3667                             2

        905. PRACTICE BY LICENSE HOLDER.
        906. LICENSEE DUTIES; PROHIBITED ACTIVITIES.
        907. PENALTIES.
        908. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING.
        909. JUDICIAL REVIEW.
        910. RULEMAKING AUTHORITY
  S  900.  DEFINITIONS.  AS  USED IN THIS ARTICLE: 1. "DEPARTMENT" MEANS
DEPARTMENT OF STATE.
  2. "MOLD" MEANS INDOOR MOLD GROWTH CAPABLE OF CREATING TOXINS THAT CAN
CAUSE PULMONARY, RESPIRATORY,  NEUROLOGICAL  OR  OTHER  MAJOR  ILLNESSES
AFTER MINIMAL EXPOSURE, AS SUCH EXPOSURE IS DEFINED BY THE ENVIRONMENTAL
PROTECTION  AGENCY, CENTERS FOR DISEASE CONTROL AND PREVENTION, NATIONAL
INSTITUTE OF HEALTH, OR OTHER FEDERAL, STATE, OR LOCAL AGENCY  ORGANIZED
TO STUDY AND/OR PROTECT HUMAN HEALTH.
  3. "MOLD REMEDIATION" MEANS THE REMOVAL, CLEANING, SANITIZING, DEMOLI-
TION,  OR  OTHER  TREATMENT, INCLUDING PREVENTIVE ACTIVITIES, OF MOLD OR
MOLD-CONTAMINATED MATTER.
  4. "MOLD INSPECTION OR ASSESSMENT" MEANS 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  INDI-
CIA OF CONDITIONS THAT ARE LIKELY TO FACILITATE INDOOR MOLD GROWTH.
  5. "SECRETARY" MEANS SECRETARY OF STATE.
  S  901.  LICENSES  REQUIRED.  NO PERSON SHALL ENGAGE IN OR CONDUCT, OR
ADVERTISE OR HOLD HIMSELF OR HERSELF OUT AS ENGAGING  IN  OR  CONDUCTING
THE BUSINESS OF, OR ACTING IN THE CAPACITY OF A PERSON WHO CONDUCTS MOLD
ASSESSMENT AND/OR REMEDIATION UNLESS SUCH PERSON HOLDS A MOLD ASSESSMENT
AND/OR REMEDIATION LICENSE AS PROVIDED FOR IN THIS ARTICLE.
  S 902. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS. 1. THE SECRE-
TARY SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR LICENSING.
  2.  APPLICATIONS  FOR  LICENSES  AND RENEWAL LICENSES SHALL BE MADE IN
WRITING TO THE DEPARTMENT ON FORMS PROVIDED BY THE DEPARTMENT.
  3. AN APPLICANT FOR A LICENSE TO PERFORM MOLD ASSESSMENT  AND  REMEDI-
ATION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
  (B) HAVE SATISFACTORILY COMPLETED DEPARTMENT APPROVED COURSE WORK;
  (C)  PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION FIVE OF THIS
SECTION; AND
  (D) SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS'  COMPENSATION
COVERAGE,  IF  REQUIRED, AND LIABILITY INSURANCE OF AT LEAST FIFTY THOU-
SAND DOLLARS.
  4. AN APPLICANT SHALL FURNISH THE DEPARTMENT WITH A  FINANCIAL  STATE-
MENT, PREPARED BY AN INDEPENDENT AUDITOR OR ACCOUNTANT AND SIGNED BY THE
APPLICANT  AND AUDITOR BEFORE A NOTARY PUBLIC, STATING THE ASSETS OF THE
APPLICANT, TO BE USED BY  THE  DEPARTMENT  TO  DETERMINE  THE  FINANCIAL
RESPONSIBILITY  OF  THE APPLICANT TO PERFORM MOLD INSPECTION, ASSESSMENT
AND/OR REMEDIATION SERVICES.
  5. THE DEPARTMENT MAY CHARGE AND COLLECT THE FOLLOWING FEES:
  (A) A FEE FOR AN APPLICATION FOR A LICENSE, NOT TO EXCEED ONE  HUNDRED
DOLLARS;
  (B) A FEE FOR RENEWAL OF A LICENSE, NOT TO EXCEED ONE HUNDRED DOLLARS;
AND
  (C)  A  FEE  FOR  DELINQUENT RENEWAL OF A LICENSE, NOT TO EXCEED FIFTY
DOLLARS.
  S 903. EXEMPTIONS. THE FOLLOWING PERSONS  SHALL  NOT  BE  REQUIRED  TO
OBTAIN  A  LICENSE  AS  PROVIDED  IN THIS TITLE IN ORDER TO PERFORM MOLD
INSPECTION, ASSESSMENT OR REMEDIATION:

S. 3667                             3

  1. A RESIDENTIAL PROPERTY OWNER WHO PERFORMS MOLD INSPECTION,  ASSESS-
MENT OR REMEDIATION ON HIS OR HER OWN PROPERTY;
  2.  A  NON-RESIDENTIAL  PROPERTY OWNER, OR THE EMPLOYEE OF SUCH OWNER,
WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION  ON  AN  APARTMENT  BUILDING
OWNED BY THAT PERSON THAT HAS NOT MORE THAN FOUR DWELLING UNITS;
  3.  AN OWNER OR TENANT, OR A MANAGING AGENT OR EMPLOYEE OF AN OWNER OR
TENANT, WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION ON PROPERTY OWNED OR
LEASED BY THE OWNER OR TENANT, PROVIDED THAT THIS SUBDIVISION SHALL  NOT
APPLY  IF  THE  MANAGING  AGENT  OR  EMPLOYEE ENGAGES IN THE BUSINESS OF
PERFORMING MOLD ASSESSMENT OR REMEDIATION FOR THE PUBLIC; AND
  4. AN EMPLOYEE OF A LICENSEE WHO PERFORMS MOLD ASSESSMENT  OR  REMEDI-
ATION WHILE SUPERVISED BY THE LICENSEE.
  S  904.  LICENSE  ISSUANCE AND RENEWAL. 1. LICENSES ISSUED PURSUANT TO
THE PROVISIONS OF THIS TITLE SHALL BE ISSUED FOR A PERIOD OF TWO  YEARS.
LICENSES  WHICH  ARE  NOT RENEWED SHALL BE CONSIDERED TO BE EXPIRED, AND
ANY MOLD ASSESSMENT  OR  REMEDIATION  ACTIVITY  WHICH  WOULD  REQUIRE  A
LICENSE TO PERFORM WHICH OCCURS AFTER EXPIRATION OF THE LICENSE SHALL BE
DEEMED A VIOLATION OF THE PROVISIONS OF THIS ARTICLE.
  2. ANY LICENSEE WHO FAILS TO TIMELY RENEW HIS OR HER LICENSE MAY THER-
EAFTER RENEW UPON PAYMENT OF THE APPROPRIATE RENEWAL AND DELINQUENT FEES
AND  UPON  FILING  OF  A  RENEWAL APPLICATION. THE PERIOD FOR DELINQUENT
RENEWAL OF AN EXPIRED LICENSE SHALL BE LIMITED TO THE SIX  MONTH  PERIOD
IMMEDIATELY FOLLOWING THE EXPIRATION DATE OF THE ACTIVE LICENSE. FAILURE
TO RENEW AN EXPIRED LICENSE DURING SUCH SIX MONTH PERIOD SHALL RESULT IN
FORFEITURE  OF  RENEWAL  RIGHTS AND SHALL REQUIRE THE FORMER LICENSEE TO
APPLY AS AN INITIAL APPLICANT AND MEET ALL REQUIREMENTS  OF  AN  INITIAL
APPLICANT.
  3. LICENSES SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT.
  S  905. PRACTICE BY LICENSE HOLDER. 1. A LICENSE HOLDER WHO INTENDS TO
PERFORM MOLD ASSESSMENT ON A MOLD REMEDIATION PROJECT  SHALL  PREPARE  A
WORK  ANALYSIS  FOR  THE PROJECT.   THE LICENSE HOLDER SHALL PROVIDE THE
ANALYSIS TO THE CLIENT BEFORE THE  MOLD  REMEDIATION  BEGINS.  THE  WORK
ANALYSIS MUST SPECIFY:
  (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
  (B)  THE ESTIMATED QUANTITIES OF MATERIALS TO BE REMOVED OR CLEANED AT
THE PROJECT;
  (C) THE PROPOSED METHODS FOR EACH TYPE OF REMEDIATION IN EACH TYPE  OF
AREA IN THE PROJECT; AND
  (D)  THE  PROPOSED  CLEARANCE CRITERIA FOR EACH TYPE OF REMEDIATION IN
EACH TYPE OF AREA IN THE PROJECT.
  2. A LICENSE HOLDER WHO INTENDS  TO  PERFORM  MOLD  REMEDIATION  SHALL
PREPARE  A  WORK PLAN PROVIDING INSTRUCTIONS FOR THE REMEDIATION EFFORTS
TO BE PERFORMED FOR THE MOLD REMEDIATION  PROJECT.  THE  LICENSE  HOLDER
SHALL  PROVIDE  THE  WORK PLAN TO THE CLIENT BEFORE THE MOLD REMEDIATION
BEGINS. THE LICENSE HOLDER SHALL MAINTAIN A COPY OF THE WORK PLAN AT THE
JOB SITE WHERE THE REMEDIATION IS BEING PERFORMED.
  S 906. LICENSEE DUTIES;  PROHIBITED  ACTIVITIES.  1.  A  LICENSEE  WHO
PERFORMS  MOLD INSPECTION OR ASSESSMENT SERVICES SHALL PROVIDE A WRITTEN
REPORT TO EACH PERSON FOR WHOM SUCH LICENSEE PERFORMS MOLD INSPECTION OR
ASSESSMENT SERVICES FOR COMPENSATION.
  2. NO LICENSEE SHALL PERFORM BOTH MOLD ASSESSMENT AND MOLD REMEDIATION
ON THE SAME PROPERTY.
  3. NO PERSON SHALL OWN AN INTEREST IN BOTH THE ENTITY  WHICH  PERFORMS
MOLD  ASSESSMENT SERVICES AND THE ENTITY WHICH PERFORMS MOLD REMEDIATION
SERVICES ON THE SAME PROPERTY.

S. 3667                             4

  S 907. PENALTIES. 1. THE DEPARTMENT MAY 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;
  (B) DECEIT OR MISREPRESENTATION IN OBTAINING A LICENSE;
  (C) PROVIDING FALSE TESTIMONY OR DOCUMENTS TO THE DEPARTMENT;
  (D) DECEIVING OR DEFRAUDING THE PUBLIC; OR
  (E) INCOMPETENCE OR GROSS NEGLIGENCE.
  2.  VIOLATORS OF ANY OF THE PROVISIONS OF THIS SECTION MAY BE FINED BY
THE DEPARTMENT IN AN AMOUNT NOT  TO  EXCEED  TWO  THOUSAND  DOLLARS  PER
VIOLATION AND TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION FOR VIOLATION SHALL BE
TRANSFERRED  TO  A SEPARATE CONTRACTOR'S EDUCATION TRUST FUND TO BE USED
FOR EDUCATIONAL PURPOSES AS DETERMINED BY THE DEPARTMENT.
  S 908. DENIAL OF  LICENSE;  COMPLAINTS;  NOTICE  OF  HEARING.  1.  THE
DEPARTMENT  SHALL, BEFORE MAKING A FINAL DETERMINATION TO DENY AN APPLI-
CATION FOR A LICENSE, NOTIFY THE APPLICANT IN WRITING OF THE REASONS FOR
SUCH PROPOSED DENIAL AND AFFORD THE APPLICANT AN OPPORTUNITY TO BE HEARD
IN PERSON OR BY COUNSEL PRIOR  TO  DENIAL  OF  THE  APPLICATION.    SUCH
NOTIFICATION SHALL BE SERVED IN ANY MANNER AUTHORIZED BY THE CIVIL PRAC-
TICE  LAW  AND  RULES FOR SERVICE OF SUMMONS. IF A HEARING IS REQUESTED,
SUCH HEARING SHALL BE HELD AT SUCH TIME  AND  PLACE  AS  THE  DEPARTMENT
SHALL PRESCRIBE.
  2.  IF  THE  APPLICANT  FAILS  TO MAKE A WRITTEN REQUEST FOR A HEARING
WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH NOTIFICATION, THEN THE  NOTIFI-
CATION OF DENIAL SHALL BECOME THE FINAL DETERMINATION OF THE DEPARTMENT.
THE  DEPARTMENT  SHALL HAVE SUBPOENA POWERS REGULATED BY THE CIVIL PRAC-
TICE LAW AND RULES. IF, AFTER SUCH HEARING, THE APPLICATION  IS  DENIED,
WRITTEN  NOTICE OF SUCH DENIAL SHALL BE SERVED UPON THE APPLICANT IN ANY
MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES FOR THE SERVICE OF
A SUMMONS.
  3. THE DEPARTMENT SHALL, BEFORE REVOKING OR SUSPENDING ANY LICENSE  OR
IMPOSING  ANY FINE OR REPRIMAND ON THE HOLDER THEREOF, OR BEFORE ISSUING
ANY ORDER DIRECTING THE CESSATION OF UNLICENSED ACTIVITIES, AND AT LEAST
TEN DAYS PRIOR TO THE DATE SET FOR THE HEARING, NOTIFY  IN  WRITING  THE
HOLDER  OF  SUCH LICENSE, OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLI-
CENSED ACTIVITIES, OF ANY CHARGES MADE AND SHALL AFFORD SUCH  PERSON  AN
OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFERENCE THERETO.
  4. WRITTEN NOTICE MUST BE SERVED TO THE LICENSEE OR PERSON CHARGED.
  5.  THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
DEPARTMENT SHALL PRESCRIBE.
  S 909. JUDICIAL REVIEW. THE ACTION OF  THE  SECRETARY  IN  SUSPENDING,
REVOKING  OR  REFUSING  TO ISSUE OR RENEW A LICENSE, OR ISSUING AN ORDER
DIRECTING THE CESSATION OF UNLICENSED ACTIVITY OR  IMPOSING  A  FINE  OR
REPRIMAND  MAY BE APPEALED BY A PROCEEDING BROUGHT UNDER AND PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 910. RULEMAKING AUTHORITY. THE  DEPARTMENT  SHALL  ADOPT  RULES  AND
REGULATIONS  TO  OVERSEE THE PRACTICE OF MOLD INSPECTION, ASSESSMENT AND
REMEDIATION AND TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

                                TITLE II
                MINIMUM WORK STANDARDS FOR THE CONDUCT OF
          MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
SECTION 915. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD  ASSESSMENTS
               BY LICENSED PERSONS.

S. 3667                             5

        916.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION
                BY LICENSED PERSONS.
        917. POST-REMEDIATION ASSESSMENT AND CLEARANCE.
  S  915.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS BY
LICENSED PERSONS. 1. A MOLD ASSESSMENT LICENSEE  SHALL  PREPARE  A  MOLD
REMEDIATION  PLAN  THAT  IS  SPECIFIC  TO  EACH  REMEDIATION PROJECT AND
PROVIDE THE PLAN TO THE CLIENT BEFORE THE REMEDIATION BEGINS.  THE  MOLD
REMEDIATION PLAN MUST SPECIFY:
  (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  USED  BY  LICENSED
REMEDIATORS; AND
  (E)  THE  PROPOSED  CLEARANCE PROCEDURES AND CRITERIA FOR EACH TYPE OF
REMEDIATION IN EACH TYPE OF AREA.
  2. A MOLD ASSESSMENT LICENSEE SHALL CONSIDER WHETHER TO RECOMMEND TO A
CLIENT THAT, BEFORE REMEDIATION BEGINS, THE CLIENT SHOULD INFORM  BUILD-
ING  OCCUPANTS OF MOLD-RELATED ACTIVITIES THAT WILL DISTURB OR WILL HAVE
THE POTENTIAL TO DISTURB AREAS OF MOLD CONTAMINATION.
  3. CONTAINMENT MUST BE SPECIFIED IN A MOLD REMEDIATION PLAN  WHEN  THE
MOLD  CONTAMINATION  AFFECTS A TOTAL SURFACE AREA OF TWENTY-FIVE CONTIG-
UOUS SQUARE FEET OR MORE FOR THE PROJECT. THE CONTAINMENT  SPECIFIED  IN
THE  REMEDIATION  PLAN  MUST  PREVENT THE SPREAD OF MOLD TO AREAS OF THE
BUILDING OUTSIDE THE CONTAINMENT UNDER NORMAL CONDITIONS OF USE.
  4. A MOLD ASSESSMENT LICENSEE WHO INDICATES IN A REMEDIATION PLAN THAT
A DISINFECTANT, BIOCIDE, OR ANTIMICROBIAL COATING WILL BE USED ON A MOLD
REMEDIATION PROJECT SHALL INDICATE A SPECIFIC PRODUCT OR BRAND  ONLY  IF
IT  IS  REGISTERED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR THE INTENDED USE AND IF THE USE IS CONSISTENT WITH  THE  MANUFACTUR-
ER'S  LABELING INSTRUCTIONS. A DECISION BY A MOLD ASSESSMENT LICENSEE TO
USE SUCH PRODUCTS MUST TAKE INTO  ACCOUNT  THE  POTENTIAL  FOR  OCCUPANT
SENSITIVITIES.
  5. IN THE REMEDIATION PLAN FOR THE PROJECT, THE MOLD ASSESSMENT LICEN-
SEE  SHALL  SPECIFY  THE PROCEDURE TO BE USED IN DETERMINING WHETHER THE
UNDERLYING CAUSE OF THE MOLD IDENTIFIED FOR THE PROJECT HAS BEEN REMEDI-
ATED SO THAT SUCH MOLD REMEDIATION LICENSEE IS REASONABLY  CERTAIN  THAT
THE MOLD WILL NOT RETURN FROM THE SAME CAUSE.
  S  916.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION BY
LICENSED PERSONS. 1. A MOLD REMEDIATION LICENSEE SHALL  PREPARE  A  MOLD
REMEDIATION WORK PLAN THAT IS SPECIFIC TO EACH PROJECT, FULFILLS ALL THE
REQUIREMENTS   OF  THE  MOLD  REMEDIATION  PLAN  AND  PROVIDES  SPECIFIC
INSTRUCTIONS AND/OR STANDARD OPERATING PROCEDURES FOR HOW A MOLD REMEDI-
ATION PROJECT WILL BE PERFORMED. THE  MOLD  REMEDIATION  LICENSEE  SHALL
PROVIDE  THE MOLD REMEDIATION WORK PLAN TO THE CLIENT BEFORE SITE PREPA-
RATION WORK BEGINS.
  2. IF A MOLD ASSESSMENT LICENSEE SPECIFIES  IN  THE  MOLD  REMEDIATION
PLAN  THAT  PERSONAL  PROTECTION  EQUIPMENT  (PPE)  IS  REQUIRED FOR THE
PROJECT, THE MOLD REMEDIATION LICENSEE SHALL PROVIDE THE  SPECIFIED  PPE
TO  ALL  EMPLOYEES WHO ENGAGE IN REMEDIATION ACTIVITIES AND WHO WILL, OR
ARE ANTICIPATED TO, DISTURB OR REMOVE MOLD CONTAMINATION, WHEN THE  MOLD
AFFECTS  A  TOTAL SURFACE AREA FOR THE PROJECT OF TWENTY-FIVE CONTIGUOUS
FEET OR MORE.  EACH EMPLOYEE WHO IS PROVIDED PPE MUST  RECEIVE  TRAINING
ON THE APPROPRIATE USE AND CARE OF THE PROVIDED PPE.
  3. THE CONTAINMENT SPECIFIED IN THE REMEDIATION PLAN MUST BE USED ON A
MOLD  REMEDIATION  PROJECT WHEN THE MOLD AFFECTS A TOTAL SURFACE AREA OF

S. 3667                             6

TWENTY-FIVE CONTIGUOUS SQUARE FEET OR MORE FOR THE PROJECT. THE CONTAIN-
MENT, WHEN CONSTRUCTED AS DESCRIBED IN THE  REMEDIATION  WORK  PLAN  AND
UNDER NORMAL CONDITIONS OF USE, MUST PREVENT THE SPREAD OF MOLD TO AREAS
OUTSIDE THE CONTAINMENT.
  4. SIGNS ADVISING THAT A MOLD REMEDIATION PROJECT IS IN PROGRESS SHALL
BE DISPLAYED AT ALL ACCESSIBLE ENTRANCES TO REMEDIATION AREAS.
  5.  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 AS DESCRIBED IN SECTION
NINE HUNDRED SEVENTEEN OF THIS TITLE.
  6. DISINFECTANTS, BIOCIDES AND ANTIMICROBIAL COATINGS MAY BE USED ONLY
IF THEIR USE IS SPECIFIED IN A MOLD REMEDIATION PLAN, IF THEY ARE REGIS-
TERED BY THE UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY  FOR  THE
INTENDED USE AND IF THE USE IS CONSISTENT WITH THE MANUFACTURER'S LABEL-
ING INSTRUCTIONS. IF A PLAN SPECIFIES THE USE OF SUCH A PRODUCT BUT DOES
NOT  SPECIFY  THE  BRAND OR TYPE OF PRODUCT, A MOLD REMEDIATION LICENSEE
MAY SELECT THE BRAND OR TYPE OF PRODUCT TO BE USED. A DECISION BY A MOLD
ASSESSMENT OR REMEDIATION LICENSEE TO USE SUCH A PRODUCT MUST TAKE  INTO
ACCOUNT  THE  POTENTIAL  FOR OCCUPANT SENSITIVITIES AND POSSIBLE ADVERSE
REACTIONS TO CHEMICALS THAT HAVE THE POTENTIAL  TO  BE  OFF-GASSED  FROM
SURFACES COATED WITH THE PRODUCT.
  S  917. POST-REMEDIATION ASSESSMENT AND CLEARANCE. 1. FOR A REMEDIATED
PROJECT TO ACHIEVE CLEARANCE, A MOLD ASSESSMENT LICENSEE SHALL CONDUCT A
POST-REMEDIATION ASSESSMENT.    THE  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.
  2. POST-REMEDIATION ASSESSMENT SHALL, TO THE EXTENT  FEASIBLE,  DETER-
MINE  THAT  THE UNDERLYING CAUSE OF THE MOLD HAS BEEN REMEDIATED SO THAT
IT IS REASONABLY CERTAIN THAT THE MOLD WILL NOT RETURN FROM THAT REMEDI-
ATED AREA.
  3. A MOLD ASSESSMENT LICENSEE WHO DETERMINES THAT REMEDIATION HAS BEEN
SUCCESSFUL SHALL ISSUE A WRITTEN PASSED CLEARANCE REPORT TO  THE  CLIENT
AT THE CONCLUSION OF EACH MOLD REMEDIATION PROJECT.
  4. IF THE MOLD ASSESSMENT LICENSEE DETERMINES THAT REMEDIATION HAS NOT
BEEN  SUCCESSFUL  AND  CEASES TO BE INVOLVED WITH THE PROJECT BEFORE THE
PROJECT PASSES CLEARANCE, THE  LICENSEE  SHALL  ISSUE  A  WRITTEN  FINAL
STATUS REPORT TO THE CLIENT AND TO THE REMEDIATION LICENSEE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.