senate Bill S3667A

Signed by Governor Amended

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

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Bill Status


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

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Bill Details

Versions:
S3667
S3667A
S3667B
S3667C
S3667D
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Ren Art 40 to be Art 60, §§900 & 901 to be §§2000 & 2001, add Art 40 Title I §§900 - 910, Title II §§915 - 917, Gen Bus L

Sponsor Memo

BILL NUMBER:S3667A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This article contains requirements
for the licensing of persons performing mold assessment and mold
remediation. Also, this article sets forth minimum work standards for
the conduct of mold assessment and remediation by licensed persons.

SUMMARY OF SPECIFIC PROVISIONS: Creates a new article 40, licensing
of mold inspection, assessment and remediation specialists and minimum
work standards.

Title I - Licensing of mold assessment and remediation specialists.

Sect on 900 - defines terms used in the article.

Section 901 - identifies that a licensee is required to conduct mold
assessment and/or remediation.

Section 902 - sets forth minimum qualifications for licensing.

Section 903 - exempts particular persons from licensing.

Section 904 - sets forth terms of license.

Section 905 - lists the requirements of a license holder.

Section 906 - identifies prohibited acts.

Section 907 - allows the department to issue a penalty on a licensee
in the form of suspension or revocation.

Section 908 - sets forth a process for departmental review of the
denial of a license.

Section 909 - sets forth the Process for Judicial review of a decision
of the department.

Section 910 - allows the department to 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 by licensed persons.

Section 915 - sets forth minimum work standards for the conduct of
mold assessments by licensed persons.

Section 916 - sets forth minimum work standards for the conduct of
mold remediation by licensed persons.

Section 917 - sets forth post-remediation assessment and clearance
protocols.


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. People
(especially children) with asthma are particularly vulnerable to
illnesses from mold exposure. They often experience exacerbation of
their asthma when exposed. On occasion, mold can also cause 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, the
Legislature finds it necessary 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, to avert economic injury to the residents of the this
state, and to regulate 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.

EXISTING LAW: There are currently no laws specifically licensing mold
assessment and/or remediation and the work standards associated with
such activities.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: 130 days after it shall become law, except that any
necessary rules or regulations necessary for implementation are
authorized immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3667--A

                       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  --  committee  discharged,  bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-03-3

S. 3667--A                          2

        903. EXEMPTIONS.
        904. LICENSE ISSUANCE AND RENEWAL.
        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 LABOR.
  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. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
  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
COMMISSIONER 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. 3667--A                          3

  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:
  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.

S. 3667--A                          4

  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 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 COMMISSIONER 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.

S. 3667--A                          5

                                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.
        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

S. 3667--A                          6

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. THE TRAINING SHALL
BE APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF HEALTH.
  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
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.

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