Bill Text: NJ A4952 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes registration requirement for mold inspection and remediation contractors.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-07 - Introduced, Referred to Assembly Regulated Professions Committee [A4952 Detail]
Download: New_Jersey-2026-A4952-Introduced.html
Sponsored by:
Assemblyman VINCENT M. "VINNIE" KEARNEY
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Establishes registration requirement for mold inspection and remediation contractors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mold inspection, abatement, and remediation, and amending and supplementing P.L.2004, c.16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2004, c.16 (C.56:8-137) is amended to read as follows:
2. As used in P.L.2004, c.16 (C.56:8-136 et seq.):
"Board" means the New Jersey State Board of Home Improvement and Home Elevation Contractors.
"Contractor" means an individual providing home improvement or home elevation services, or both types of services, for a corporation, partnership, association, sole proprietorship, and any other form of business organization or entity that enters into contracts for home improvement, home elevation, or both types of services.
"Contractor business" means a business that is a corporation, partnership, association, sole proprietorship or any other form of business organization or entity that provides home improvement, home elevation, or both types of services with at least one employee who is a licensed contractor, as defined pursuant to this section. An individual who provides services included in the definition of "home improvement" and who earns a maximum of $1,500 per contract and $25,000 on an annual basis for those services shall be required to maintain registration and comply with registration requirements pursuant to section 3 of P.L.2004, c.16 (C.56:8-138), but shall not be required to have at least one employee who is a licensed contractor.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Home elevation" means any home improvement that involves raising an entire residential structure to a higher level above the ground.
"Home elevation contractor" means a contractor who engages in the practice of home elevation and is authorized to perform home improvement services.
"Home improvement" means the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential property. Home improvement shall also include insulation, installation, and the conversion of existing commercial structures into residential property. Home improvement shall not include the construction of a new residential property.
"Home improvement contract" means a written agreement, or oral agreement if the cost of services is expected to be $500 or less, for the performance of a home improvement between a home improvement or home elevation contractor business and an owner, tenant or lessee, of a residential property, and includes all agreements under which the contractor is to perform labor or render services for home improvements or for home elevations, or furnish materials in connection therewith.
"Limited specialty services license" means a license issued by the board that authorizes an individual only to perform services in a specialty of home improvement the scope of which shall be determined by the board.
"Limited specialty services licensee" means an individual licensed by the board to provide limited specialty home improvement services.
"Mold" means any form of multicellular fungi that lives on plant or animal matter and in indoor environments. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum, often found in water-damaged building materials.
"Mold inspection" means the inspection and evaluation of the interior of a building for the presence of mold.
"Mold inspection and remediation contractor" means any person engaged in the business of mold inspection or mold remediation or abatement work.
"Mold remediation or abatement work" means any work performed on a building to clean, remove, or contain mold hazards, including demolition, removal, painting, repair, and prevention of water intrusion and leaks.
"Principal home improvement contractor" or "principal home elevation contractor" means a licensed home improvement or home elevation contractor who oversees the performance of services for contracts (1) valued at a minimum of $120,000 and (2) that require the submittal of plans with more than one subcode. A principal home improvement or principal home elevation contractor may also provide services as a home improvement contractor or home elevation contractor if a contract is valued at less than $120,000 or does not require submittal of plans with more than one subcode.
"Residential property" means any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure.
(cf: P.L.2023, c.237, s.26)
2. (New section) a. In addition to complying with any other requirements of the "Contractors' Business Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.), no person shall perform, or engage, or attempt to engage in the business of mold inspection or mold remediation or abatement work unless registered with the Director of the Division of Consumer Affairs as a mold inspection and remediation contractor.
b. Any person who performs mold inspection or mold remediation or abatement work shall annually register with the director. Application for registration shall be on a form provided by the director and shall be accompanied by a reasonable fee, set by the director in an amount sufficient to defray the division's expenses incurred in administering and enforcing this section.
c. Every person required to register pursuant to this section shall file an amended registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment.
d. A registered mold inspection and remediation contractor who is not otherwise required to obtain commercial general liability insurance pursuant to section 7 of P.L.2004, c.16 (C.56:8-142) shall secure, maintain, and file with the director proof of a certificate of commercial general liability insurance in a minimum amount of $500,000 per occurrence. A registered mold inspection and remediation contractor whose commercial general liability insurance policy is cancelled or nonrenewed shall submit to the director a copy of the certificate of commercial general liability insurance for a new or replacement policy which meets the requirements of this subsection before the former policy is no longer effective.
e. A registered mold inspection and remediation contractor is prohibited from performing a mold inspection and any mold remediation or abatement work at the same premises.
f. (1) A mold inspection and remediation contractor who performs a mold inspection and mold remediation or abatement work at the same premises shall be liable for a civil penalty of up to $5,000 for the first offense and for any subsequent offense a revocation of registration.
(2) A mold inspection and remediation contractor who violates any other provisions of this section shall be liable for a civil penalty of up to $5,000 for the first offense and up to $10,000 for any subsequent offense.
(3) In addition to any other civil or criminal penalty that may apply, any person who makes a false statement in connection with the process for registration as a mold inspection and remediation contractor pursuant to this section or in regard to any statement required to be made pursuant to subsection d. of this section shall be liable for a civil penalty of not less than $10,000 or more than $25,000.
(4) In addition to any other action that may be authorized by law, the director may suspend or revoke the mold inspection and remediation contractor registration of any person who violates any provision of this section.
(5) The civil penalties may be imposed by the director and shall be collected in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
3. (New section) The Director of the Division of Consumer Affairs shall adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of P.L. , c. (C. )(pending before the Legislature as this bill) with regard to registration of mold inspection and remediation contractors, and may establish fees for this purpose. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Division of Consumer Affairs may adopt immediately upon filing with the Office of Administrative Law rules and regulations for this purpose, which shall be effective for a period not to exceed 270 days following the date of enactment of this act, and may thereafter be amended, adopted, or readopted, by the division in accordance with the requirements of the "Administrative Procedure Act."
4. This act shall take effect on the 60th day after the date of enactment.
STATEMENT
This bill would prohibit any person from performing mold inspection or mold remediation or abatement work unless the person is registered with the Director of the Division of Consumer Affairs. A registration would be required to be submitted annually, and any mold inspection and remediation contractor not otherwise required to obtain commercial general liability insurance as a registered contractor pursuant to section 7 of P.L.2004, c.16 (C.56:8-142) would be required to maintain commercial general liability insurance.
The bill would also prohibit a mold inspection and remediation contractor from performing a mold inspection and mold remediation or abatement work at the same premises. A registered mold inspection and remediation contractor who performs mold inspection and mold remediation or abatement work at the same premises would be subject to a civil penalty of up to $5,000 for the first offense and a revocation of registration for any subsequent offense. In addition, the bill would impose a civil penalty of up to 5,000 for a first offense and up to $10,000 for any subsequent offense for any violation of the provisions of the bill. Any person who makes a false statement in connection with the registration process or the liability insurance requirements in the bill would be liable for a civil penalty of not less than $10,000 or more than $25,000.
