Bill Text: NY S03667 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the licensure of mold inspection, assessment and remediation specialists and sets minimum work standards for mold inspection, assessment and remediation specialists.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Enrolled - Dead) 2014-12-30 - DELIVERED TO GOVERNOR [S03667 Detail]

Download: New_York-2013-S03667-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3667--B
           Cal. No. 1110
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 8, 2013
                                      ___________
       Introduced  by  Sens. SAVINO, CARLUCCI, GIPSON, 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  -- recommitted to the Committee on Consumer Protection in accord-
         ance with Senate Rule 6, sec. 8 -- committee discharged and said  bill
         committed  to  the  Committee  on Rules -- ordered to a third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       AN ACT to amend the labor law, in relation to requiring the licensure of
         mold  assessment  and remediation specialists and setting minimum work
         standards for mold assessment  and  remediation  specialists;  and  to
         amend  the state finance law, in relation to enacting the mold assess-
         ment and remediation account
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new article 32 to read
    2  as follows:
    3                                  ARTICLE 32
    4          LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
    5                   SPECIALISTS AND MINIMUM WORK STANDARDS
    6    TITLE  1.  LICENSING  OF  MOLD  INSPECTION, ASSESSMENT AND REMEDIATION
    7               SPECIALISTS AND MINIMUM WORK STANDARDS (SECS. 930-940.)
    8          2. MINIMUM WORK STANDARDS FOR THE CONDUCT  OF  MOLD  ASSESSMENTS
    9               AND REMEDIATION BY LICENSED PERSONS (SECS. 945-948.)
   10                                  TITLE 1.
   11          LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
   12                   SPECIALISTS AND MINIMUM WORK STANDARDS
   13  SECTION 930. DEFINITIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08634-06-4
       S. 3667--B                          2
    1          931. LICENSING REQUIREMENTS.
    2          932. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS.
    3          933. EXEMPTIONS.
    4          934. LICENSE ISSUANCE AND RENEWAL.
    5          935. PRACTICE BY LICENSE HOLDER.
    6          936. LICENSEE DUTIES; PROHIBITED ACTIVITIES.
    7          937. CIVIL PENALTIES AND REVOCATION.
    8          938. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING.
    9          939. JUDICIAL REVIEW.
   10          940. RULEMAKING AUTHORITY.
   11    S 930. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "DEPARTMENT" MEANS THE
   12  DEPARTMENT OF LABOR.
   13    2. "MOLD" MEANS INDOOR MOLD GROWTH CAPABLE OF CREATING TOXINS THAT CAN
   14  CAUSE  PULMONARY,  RESPIRATORY,  NEUROLOGICAL  OR  OTHER MAJOR ILLNESSES
   15  AFTER MINIMAL EXPOSURE, AS SUCH EXPOSURE IS DEFINED BY THE ENVIRONMENTAL
   16  PROTECTION AGENCY, CENTERS FOR DISEASE CONTROL AND PREVENTION,  NATIONAL
   17  INSTITUTE  OF HEALTH, OR OTHER FEDERAL, STATE, OR LOCAL AGENCY ORGANIZED
   18  TO STUDY AND/OR PROTECT HUMAN HEALTH.
   19    3. "MOLD REMEDIATION" MEANS CONDUCTING THE BUSINESS OF REMOVAL, CLEAN-
   20  ING, SANITIZING, OR SURFACE DISINFECTION OF MOLD, MOLD CONTAINMENT,  AND
   21  WASTE  HANDLING  OF MOLD AND MATERIALS USED TO REMOVE MOLD FROM SURFACES
   22  BY A BUSINESS ENTERPRISE, INCLUDING BUT NOT LIMITED TO, SOLE PROPRIETOR-
   23  SHIPS. MOLD REMEDIATION FOR THE  PURPOSES  OF  THIS  ARTICLE  SHALL  NOT
   24  INCLUDE  REMEDIATION  OF  THE UNDERLYING SOURCES OF MOISTURE THAT MAY BE
   25  THE CAUSE OF MOLD THAT REQUIRES EXPERTISE NOT SPECIFIC TO  ACTS  AUTHOR-
   26  IZED UNDER THIS ARTICLE.
   27    4. "MOLD ASSESSMENT" MEANS AN INSPECTION OR ASSESSMENT OF REAL PROPER-
   28  TY  THAT  IS DESIGNED TO DISCOVER INDOOR MOLD GROWTH, TOXIC MOLD GROWTH,
   29  CONDITIONS THAT FACILITATE INDOOR MOLD GROWTH AND/OR INDICIA  OF  CONDI-
   30  TIONS THAT ARE LIKELY TO FACILITATE INDOOR MOLD GROWTH.
   31    5. "MOLD ABATEMENT" MEANS THE ACT OF REMOVAL, CLEANING, SANITIZING, OR
   32  SURFACE  DISINFECTION  OF  MOLD, MOLD CONTAINMENT, AND WASTE HANDLING OF
   33  MOLD AND MATERIALS USED TO REMOVE MOLD FROM SURFACES BY AN INDIVIDUAL.
   34    6. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
   35    S 931. LICENSING  REQUIREMENTS.  1.  IT  SHALL  BE  UNLAWFUL  FOR  ANY
   36  CONTRACTOR  TO  ENGAGE IN MOLD ASSESSMENT, OR TO ADVERTISE OR HOLD THEM-
   37  SELVES OUT AS A MOLD ASSESSMENT CONTRACTOR UNLESS SUCH CONTRACTOR HAS  A
   38  VALID MOLD ASSESSMENT LICENSE ISSUED BY THE COMMISSIONER.
   39    2.  IT  SHALL BE UNLAWFUL FOR ANY CONTRACTOR TO ENGAGE IN MOLD REMEDI-
   40  ATION, OR TO ADVERTISE OR HOLD THEMSELVES  OUT  AS  A  MOLD  REMEDIATION
   41  CONTRACTOR  UNLESS  SUCH CONTRACTOR HAS A VALID MOLD REMEDIATION LICENSE
   42  ISSUED BY THE COMMISSIONER.
   43    3. IT SHALL BE UNLAWFUL FOR ANY INDIVIDUAL TO ENGAGE IN MOLD ABATEMENT
   44  OR TO ADVERTISE OR HOLD THEMSELVES OUT AS A MOLD ABATEMENT WORKER UNLESS
   45  SUCH INDIVIDUAL HAS A VALID MOLD ABATER'S LICENSE ISSUED BY THE  COMMIS-
   46  SIONER.
   47    4.  A COPY OF A VALID MOLD ASSESSMENT OR MOLD REMEDIATION LICENSE MUST
   48  BE CONSPICUOUSLY DISPLAYED AT THE WORK SITE ON A MOLD PROJECT.
   49    S 932. LICENSE APPLICATIONS;  PROCEDURE  AND  REQUIREMENTS.    1.  THE
   50  COMMISSIONER SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR LICENSING.
   51    2.  APPLICATIONS  FOR LICENSES AND RENEWAL LICENSES SHALL BE SUBMITTED
   52  TO THE DEPARTMENT IN WRITING ON FORMS FURNISHED BY THE COMMISSIONER  AND
   53  SHALL  CONTAIN  THE INFORMATION SET FORTH IN THIS SECTION AS WELL AS ANY
   54  ADDITIONAL INFORMATION THAT THE COMMISSIONER MAY REQUIRE.
   55    3. AN APPLICANT FOR A LICENSE TO PERFORM MOLD  ASSESSMENT  SHALL  MEET
   56  THE FOLLOWING MINIMUM REQUIREMENTS:
       S. 3667--B                          3
    1    (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
    2    (B)  HAVE  SATISFACTORILY  COMPLETED  DEPARTMENT APPROVED COURSE WORK,
    3  INCLUDING  TRAINING  ON  THE  APPROPRIATE  USE  AND  CARE  OF   PERSONAL
    4  PROTECTION  EQUIPMENT  AS APPROVED BY THE COMMISSIONER OF THE DEPARTMENT
    5  OF HEALTH; AND
    6    (C) PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION FIVE OF  THIS
    7  SECTION; AND
    8    4.  AN  APPLICANT FOR A LICENSE TO PERFORM MOLD REMEDIATION SHALL MEET
    9  THE FOLLOWING MINIMUM REQUIREMENTS:
   10    (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
   11    (B) HAVE SATISFACTORILY COMPLETED  DEPARTMENT  APPROVED  COURSE  WORK,
   12  INCLUDING   TRAINING  ON  THE  APPROPRIATE  USE  AND  CARE  OF  PERSONAL
   13  PROTECTION EQUIPMENT AS APPROVED BY THE COMMISSIONER OF  THE  DEPARTMENT
   14  OF HEALTH;
   15    (C)  PAID  THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION SIX OF THIS
   16  SECTION; AND
   17    (D) SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS'  COMPENSATION
   18  COVERAGE,  IF  REQUIRED, AND LIABILITY INSURANCE OF AT LEAST FIFTY THOU-
   19  SAND DOLLARS.  AN APPLICANT FOR A LICENSE TO  PERFORM  MOLD  REMEDIATION
   20  SHALL  FURNISH THE DEPARTMENT WITH A FINANCIAL STATEMENT, PREPARED BY AN
   21  INDEPENDENT AUDITOR OR ACCOUNTANT AND SIGNED BY THE APPLICANT AND  AUDI-
   22  TOR  BEFORE  A NOTARY PUBLIC, STATING THE ASSETS OF THE APPLICANT, TO BE
   23  USED BY THE DEPARTMENT TO DETERMINE THE FINANCIAL RESPONSIBILITY OF  THE
   24  APPLICANT TO PERFORM MOLD REMEDIATION SERVICES.
   25    5. AN APPLICANT FOR A LICENSE TO PERFORM MOLD ABATEMENT SHALL MEET THE
   26  FOLLOWING MINIMUM REQUIREMENTS:
   27    (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
   28    (B)  HAVE  SATISFACTORILY  COMPLETED  DEPARTMENT APPROVED COURSE WORK,
   29  INCLUDING  TRAINING  ON  THE  APPROPRIATE  USE  AND  CARE  OF   PERSONAL
   30  PROTECTION  EQUIPMENT  AS APPROVED BY THE COMMISSIONER OF THE DEPARTMENT
   31  OF HEALTH; AND
   32    (C) PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION SIX  OF  THIS
   33  SECTION; AND
   34    6.  THE  DEPARTMENT  SHALL CHARGE AND COLLECT THE FOLLOWING FEES WHICH
   35  SHALL ACCOMPANY EACH APPLICATION:
   36    (A) A FEE FOR AN INITIAL APPLICATION FOR A LICENSE, NOT TO EXCEED  ONE
   37  HUNDRED DOLLARS; AND
   38    (B) A FEE FOR RENEWAL OF A LICENSE, NOT TO EXCEED ONE HUNDRED DOLLARS.
   39    S  933.  EXEMPTIONS.  THE  FOLLOWING  PERSONS SHALL NOT BE REQUIRED TO
   40  OBTAIN A LICENSE AS PROVIDED IN THIS TITLE  IN  ORDER  TO  PERFORM  MOLD
   41  ASSESSMENT OR REMEDIATION:
   42    1.  A RESIDENTIAL PROPERTY OWNER WHO PERFORMS MOLD INSPECTION, ASSESS-
   43  MENT OR REMEDIATION ON HIS OR HER OWN PROPERTY;
   44    2. A NON-RESIDENTIAL PROPERTY OWNER, OR THE EMPLOYEE  OF  SUCH  OWNER,
   45  WHO  PERFORMS  MOLD  ASSESSMENT  OR REMEDIATION ON AN APARTMENT BUILDING
   46  OWNED BY THAT PERSON THAT HAS NOT MORE THAN FOUR DWELLING UNITS; AND
   47    3. AN OWNER OR A MANAGING AGENT OR EMPLOYEE OF AN OWNER  WHO  PERFORMS
   48  MOLD ASSESSMENT OR REMEDIATION ON COMMERCIAL PROPERTY OWNED BY THE OWNER
   49  PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY IF THE MANAGING
   50  AGENT  OR EMPLOYEE ENGAGES IN THE BUSINESS OF PERFORMING MOLD ASSESSMENT
   51  OR REMEDIATION FOR THE PUBLIC.
   52    S 934. LICENSE ISSUANCE AND RENEWAL. 1. LICENSES  ISSUED  PURSUANT  TO
   53  THE  PROVISIONS  OF  THIS TITLE SHALL BE VALID FOR A PERIOD OF TWO YEARS
   54  FROM THE DATE OF ISSUANCE AND MAY BE  RENEWED  IN  ACCORDANCE  WITH  THE
   55  CONDITIONS  SET FORTH IN THIS ARTICLE AND ESTABLISHED BY THE COMMISSION-
   56  ER.
       S. 3667--B                          4
    1    2. WITHIN THIRTY DAYS OF THE RECEIPT OF THE APPLICATION  AND  FEE  FOR
    2  ANY  LICENSE  ISSUED  UNDER  THIS SECTION, THE COMMISSIONER SHALL EITHER
    3  ISSUE THE LICENSE OR DENY THE LICENSE SETTING FORTH THE REASON FOR  SUCH
    4  DENIAL IN WRITING.
    5    3. LICENSES SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT.
    6    4.  THE  RENEWAL  OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF THIS
    7  ARTICLE SHALL BE CONDITIONED UPON THE SUBMISSION  OF  A  CERTIFICATE  OF
    8  COMPLETION  OF  A  DEPARTMENT-APPROVED  COURSE  DESIGNED  TO  ENSURE THE
    9  CONTINUING EDUCATION OF LICENSEES ON NEW AND  EXISTING  MOLD  ASSESSMENT
   10  AND MOLD REMEDIATION STANDARDS.
   11    S 935. PRACTICE BY LICENSE HOLDER. 1. A MOLD ASSESSMENT LICENSE HOLDER
   12  WHO  INTENDS  TO  PERFORM  MOLD ASSESSMENT ON A MOLD REMEDIATION PROJECT
   13  SHALL PREPARE A WORK ANALYSIS  FOR  THE  PROJECT.  THE  MOLD  ASSESSMENT
   14  LICENSE  HOLDER SHALL PROVIDE THE ANALYSIS TO THE CLIENT BEFORE THE MOLD
   15  REMEDIATION BEGINS AND SUCH PLAN MUST INCLUDE THE ANALYSIS AS DEFINED IN
   16  SECTION NINE HUNDRED FORTY-FIVE OF THIS ARTICLE.
   17    2. A MOLD REMEDIATION LICENSE HOLDER WHO INTENDS TO PERFORM MOLD REME-
   18  DIATION SHALL PREPARE A WORK PLAN PROVIDING INSTRUCTIONS FOR THE REMEDI-
   19  ATION EFFORTS TO BE PERFORMED FOR THE MOLD REMEDIATION PROJECT. THE MOLD
   20  REMEDIATION LICENSE HOLDER SHALL PROVIDE THE WORK  PLAN  TO  THE  CLIENT
   21  BEFORE  THE MOLD REMEDIATION BEGINS. THE MOLD REMEDIATION LICENSE HOLDER
   22  SHALL MAINTAIN A COPY OF THE WORK PLAN AT THE JOB SITE WHERE THE REMEDI-
   23  ATION IS BEING PERFORMED.
   24    S 936. LICENSEE DUTIES; PROHIBITED ACTIVITIES. 1.  A  MOLD  ASSESSMENT
   25  LICENSEE  WHO  PERFORMS MOLD ASSESSMENT SERVICES SHALL PROVIDE A WRITTEN
   26  REPORT TO EACH PERSON FOR WHOM SUCH LICENSEE  PERFORMS  MOLD  ASSESSMENT
   27  SERVICES FOR COMPENSATION.
   28    2. NO LICENSEE SHALL PERFORM BOTH MOLD ASSESSMENT AND MOLD REMEDIATION
   29  ON THE SAME PROPERTY.
   30    3.  NO  PERSON SHALL OWN AN INTEREST IN BOTH THE ENTITY WHICH PERFORMS
   31  MOLD ASSESSMENT SERVICES AND THE ENTITY WHICH PERFORMS MOLD  REMEDIATION
   32  SERVICES ON THE SAME PROPERTY.
   33    S  937. CIVIL PENALTIES AND REVOCATION. 1. THE DEPARTMENT MAY, AFTER A
   34  NOTICE AND HEARING, SUSPEND OR REVOKE ANY LICENSE, OR CENSURE, FINE,  OR
   35  IMPOSE PROBATIONARY OR OTHER RESTRICTIONS ON ANY LICENSEE FOR GOOD CAUSE
   36  SHOWN WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
   37    (A)  CONVICTION  OF  A  FELONY  RELATING  TO THE PERFORMANCE OF A MOLD
   38  ASSESSMENT OR MOLD REMEDIATION;
   39    (B) DECEIT OR MISREPRESENTATION  IN  OBTAINING  A  LICENSE  AUTHORIZED
   40  UNDER THIS ARTICLE;
   41    (C)  PROVIDING  FALSE  TESTIMONY  OR  DOCUMENTS  TO  THE DEPARTMENT IN
   42  RELATION TO A LICENSE AUTHORIZED BY THIS ARTICLE OR  ANY  OTHER  LICENSE
   43  ISSUED BY THE DEPARTMENT;
   44    (D)  DECEIVING  OR  DEFRAUDING  THE  PUBLIC  IN  RELATION  TO SERVICES
   45  PROVIDED FOR A FEE THAT REQUIRE A LICENSE; OR
   46    (E) INCOMPETENCE OR GROSS NEGLIGENCE IN RELATION TO MOLD ASSESSMENT OR
   47  MOLD REMEDIATION.
   48    2. VIOLATORS OF ANY OF THE PROVISIONS OF THIS ARTICLE MAY BE FINED  BY
   49  THE  DEPARTMENT  IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS FOR THE
   50  INITIAL VIOLATION AND UP TO TEN THOUSAND  DOLLARS  FOR  EACH  SUBSEQUENT
   51  VIOLATION.
   52    S  938.  DENIAL  OF  LICENSE;  COMPLAINTS;  NOTICE  OF HEARING. 1. THE
   53  DEPARTMENT SHALL, BEFORE MAKING A DETERMINATION TO DENY  AN  APPLICATION
   54  FOR  A  LICENSE, NOTIFY THE APPLICANT IN WRITING OF THE REASONS FOR SUCH
   55  PROPOSED DENIAL AND AFFORD THE APPLICANT AN OPPORTUNITY TO BE  HEARD  IN
   56  PERSON OR BY COUNSEL PRIOR TO DENIAL OF THE APPLICATION.  SUCH NOTIFICA-
       S. 3667--B                          5
    1  TION  SHALL BE SERVED IN ANY MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW
    2  AND RULES FOR SERVICE OF SUMMONS. SUCH NOTICE SHALL NOTIFY THE APPLICANT
    3  THAT A REQUEST FOR A HEARING MUST  BE  MADE  WITHIN  THIRTY  DAYS  AFTER
    4  RECEIPT  OF  SUCH  NOTIFICATION. IF A HEARING IS REQUESTED, SUCH HEARING
    5  SHALL BE HELD AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
    6    2. IF THE APPLICANT FAILS TO MAKE A  WRITTEN  REQUEST  FOR  A  HEARING
    7  WITHIN  THIRTY DAYS AFTER RECEIPT OF SUCH NOTIFICATION, THEN THE NOTIFI-
    8  CATION OF DENIAL SHALL BECOME THE FINAL DETERMINATION OF THE DEPARTMENT.
    9  THE DEPARTMENT SHALL HAVE SUBPOENA POWERS REGULATED BY THE  CIVIL  PRAC-
   10  TICE  LAW  AND RULES. IF, AFTER SUCH HEARING, THE APPLICATION IS DENIED,
   11  WRITTEN NOTICE OF SUCH DENIAL SHALL BE SERVED UPON THE APPLICANT IN  ANY
   12  MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES FOR THE SERVICE OF
   13  A SUMMONS.
   14    3.  THE DEPARTMENT SHALL, BEFORE REVOKING OR SUSPENDING ANY LICENSE OR
   15  IMPOSING ANY FINE AS AUTHORIZED BY THIS  ARTICLE  OR  REPRIMAND  ON  THE
   16  HOLDER  THEREOF,  OR BEFORE ISSUING ANY ORDER DIRECTING THE CESSATION OF
   17  UNLICENSED ACTIVITIES, AND AT LEAST TEN DAYS PRIOR TO THE DATE  SET  FOR
   18  THE HEARING, NOTIFY IN WRITING THE HOLDER OF SUCH LICENSE, OR THE PERSON
   19  ALLEGED  TO  HAVE  ENGAGED IN UNLICENSED ACTIVITIES, OF ANY CHARGES MADE
   20  AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR  BY
   21  COUNSEL IN REFERENCE THERETO.
   22    4. WRITTEN NOTICE MUST BE SERVED TO THE LICENSEE OR PERSON CHARGED.
   23    5.  THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
   24  DEPARTMENT SHALL PRESCRIBE.
   25    S 939. JUDICIAL REVIEW. THE ACTION OF THE COMMISSIONER IN  SUSPENDING,
   26  REVOKING  OR  REFUSING  TO ISSUE OR RENEW A LICENSE, OR ISSUING AN ORDER
   27  DIRECTING THE CESSATION OF UNLICENSED ACTIVITY OR  IMPOSING  A  FINE  OR
   28  REPRIMAND  MAY BE APPEALED BY A PROCEEDING BROUGHT UNDER AND PURSUANT TO
   29  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   30    S 940. RULEMAKING AUTHORITY. THE  DEPARTMENT  SHALL  ADOPT  RULES  AND
   31  REGULATIONS  TO OVERSEE THE PRACTICE OF MOLD ASSESSMENT, REMEDIATION AND
   32  ABATEMENT AND TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
   33                                    TITLE 2
   34                  MINIMUM WORK STANDARDS FOR THE CONDUCT OF
   35            MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
   36  SECTION 945. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD  ASSESSMENTS
   37                 BY LICENSED PERSONS.
   38          946. MINIMUM  WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION
   39                 BY LICENSED PERSONS.
   40          947. POST-REMEDIATION ASSESSMENT AND CLEARANCE.
   41          948. INVESTIGATIONS AND COMPLAINTS.
   42    S 945. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD  ASSESSMENTS  BY
   43  LICENSED  PERSONS.  1.  A  MOLD ASSESSMENT LICENSEE SHALL PREPARE A MOLD
   44  REMEDIATION PLAN THAT  IS  SPECIFIC  TO  EACH  REMEDIATION  PROJECT  AND
   45  PROVIDE  THE  PLAN TO THE CLIENT BEFORE THE REMEDIATION BEGINS. THE MOLD
   46  REMEDIATION PLAN MUST SPECIFY:
   47    (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
   48    (B) THE ESTIMATED QUANTITIES OF MATERIALS TO BE CLEANED OR REMOVED;
   49    (C) THE METHODS TO BE USED FOR EACH TYPE OF REMEDIATION IN  EACH  TYPE
   50  OF AREA;
   51    (D) THE PERSONAL PROTECTION EQUIPMENT (PPE) TO BE SUPPLIED BY LICENSED
   52  REMEDIATORS FOR USE BY LICENSED ABATERS;
   53    (E)  THE  PROPOSED  CLEARANCE PROCEDURES AND CRITERIA FOR EACH TYPE OF
   54  REMEDIATION IN EACH TYPE OF AREA;
   55    (F) WHEN THE PROJECT IS A BUILDING THAT IS CURRENTLY OCCUPIED, HOW  TO
   56  PROPERLY  NOTIFY  SUCH  OCCUPANTS OF SUCH PROJECTS TAKING INTO CONSIDER-
       S. 3667--B                          6
    1  ATION PROPER HEALTH CONCERNS; THE PLAN MUST ALSO PROVIDE RECOMMENDATIONS
    2  FOR NOTICE AND POSTING REQUIREMENTS THAT ARE APPROPRIATE FOR THE PROJECT
    3  SIZE, DURATION AND POINTS OF ENTRY;
    4    (G)  AN  ESTIMATE  OF COST AND AN ESTIMATED TIME FRAME FOR COMPLETION;
    5  AND
    6    (H) WHEN POSSIBLE, THE UNDERLYING SOURCES  OF  MOISTURE  THAT  MAY  BE
    7  CAUSING  THE  MOLD AND A RECOMMENDATION AS TO THE TYPE OF CONTRACTOR WHO
    8  WOULD REMEDY THE SOURCE OF SUCH MOISTURE.
    9    2. THE CONTAINMENT SPECIFIED IN THE REMEDIATION PLAN MUST PREVENT  THE
   10  SPREAD  OF  MOLD  TO AREAS OF THE BUILDING OUTSIDE THE CONTAINMENT UNDER
   11  NORMAL CONDITIONS OF USE.
   12    3. A MOLD ASSESSMENT LICENSEE WHO INDICATES IN A REMEDIATION PLAN THAT
   13  A DISINFECTANT, BIOCIDE, OR ANTIMICROBIAL COATING WILL BE USED ON A MOLD
   14  REMEDIATION PROJECT SHALL INDICATE A SPECIFIC PRODUCT OR BRAND  ONLY  IF
   15  IT  IS  REGISTERED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
   16  FOR THE INTENDED USE AND IF THE USE IS CONSISTENT WITH  THE  MANUFACTUR-
   17  ER'S  LABELING INSTRUCTIONS. A DECISION BY A MOLD ASSESSMENT LICENSEE TO
   18  USE SUCH PRODUCTS MUST TAKE INTO  ACCOUNT  THE  POTENTIAL  FOR  OCCUPANT
   19  SENSITIVITIES.
   20    S  946.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION BY
   21  LICENSED PERSONS. 1. A MOLD REMEDIATION LICENSEE SHALL  PREPARE  A  MOLD
   22  REMEDIATION WORK PLAN THAT IS SPECIFIC TO EACH PROJECT, FULFILLS ALL THE
   23  REQUIREMENTS  OF THE MOLD REMEDIATION PLAN DEVELOPED BY THE MOLD ASSESS-
   24  MENT  LICENSEE  AS  PROVIDED  TO  THE  CLIENT  AND   PROVIDES   SPECIFIC
   25  INSTRUCTIONS AND/OR STANDARD OPERATING PROCEDURES FOR HOW A MOLD REMEDI-
   26  ATION  PROJECT  WILL  BE  PERFORMED. THE MOLD REMEDIATION LICENSEE SHALL
   27  PROVIDE THE MOLD REMEDIATION WORK PLAN TO THE CLIENT BEFORE SITE  PREPA-
   28  RATION WORK BEGINS.
   29    2.  IF  A  MOLD  ASSESSMENT LICENSEE SPECIFIES IN THE MOLD REMEDIATION
   30  PLAN THAT PERSONAL  PROTECTION  EQUIPMENT  (PPE)  IS  REQUIRED  FOR  THE
   31  PROJECT,  THE  MOLD REMEDIATION LICENSEE SHALL PROVIDE THE SPECIFIED PPE
   32  TO ALL EMPLOYEES WHO ENGAGE IN REMEDIATION ACTIVITIES AND WHO  WILL,  OR
   33  ARE  ANTICIPATED  TO, DISTURB OR REMOVE MOLD CONTAMINATION. THE CONTAIN-
   34  MENT, WHEN CONSTRUCTED AS DESCRIBED IN THE  REMEDIATION  WORK  PLAN  AND
   35  UNDER NORMAL CONDITIONS OF USE, MUST PREVENT THE SPREAD OF MOLD TO AREAS
   36  OUTSIDE THE CONTAINMENT.
   37    3. SIGNS ADVISING THAT A MOLD REMEDIATION PROJECT IS IN PROGRESS SHALL
   38  BE DISPLAYED AT ALL ACCESSIBLE ENTRANCES TO REMEDIATION AREAS.
   39    4.  NO  PERSON SHALL REMOVE OR DISMANTLE ANY CONTAINMENT STRUCTURES OR
   40  MATERIALS FROM A PROJECT SITE PRIOR TO RECEIPT BY THE  MOLD  REMEDIATION
   41  LICENSEE  OVERSEEING  THE  PROJECT  OF  A  NOTICE FROM A MOLD ASSESSMENT
   42  LICENSEE THAT THE PROJECT HAS ACHIEVED CLEARANCE AS DESCRIBED IN SECTION
   43  NINE HUNDRED FORTY-SEVEN OF THIS TITLE.
   44    5. DISINFECTANTS, BIOCIDES AND ANTIMICROBIAL COATINGS MAY BE USED ONLY
   45  IF THEIR USE IS SPECIFIED IN A MOLD REMEDIATION PLAN, IF THEY ARE REGIS-
   46  TERED BY THE UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY  FOR  THE
   47  INTENDED USE AND IF THE USE IS CONSISTENT WITH THE MANUFACTURER'S LABEL-
   48  ING INSTRUCTIONS. IF A PLAN SPECIFIES THE USE OF SUCH A PRODUCT BUT DOES
   49  NOT  SPECIFY  THE  BRAND OR TYPE OF PRODUCT, A MOLD REMEDIATION LICENSEE
   50  MAY SELECT THE BRAND OR TYPE OF PRODUCT TO BE USED. A DECISION BY A MOLD
   51  ASSESSMENT OR REMEDIATION LICENSEE TO USE SUCH A PRODUCT MUST TAKE  INTO
   52  ACCOUNT  THE  POTENTIAL  FOR OCCUPANT SENSITIVITIES AND POSSIBLE ADVERSE
   53  REACTIONS TO CHEMICALS THAT HAVE THE POTENTIAL  TO  BE  OFF-GASSED  FROM
   54  SURFACES COATED WITH THE PRODUCT.
   55    S  947. POST-REMEDIATION ASSESSMENT AND CLEARANCE. 1. FOR A REMEDIATED
   56  PROJECT TO ACHIEVE CLEARANCE, A MOLD ASSESSMENT LICENSEE SHALL CONDUCT A
       S. 3667--B                          7
    1  POST-REMEDIATION ASSESSMENT.    THE  POST-REMEDIATION  ASSESSMENT  SHALL
    2  DETERMINE WHETHER:
    3    (A) THE WORK AREA IS FREE FROM ALL VISIBLE MOLD; AND
    4    (B)  ALL  WORK  HAS  BEEN COMPLETED IN COMPLIANCE WITH THE REMEDIATION
    5  PLAN AND REMEDIATION WORK PLAN AND MEETS CLEARANCE CRITERIA SPECIFIED IN
    6  THE PLAN.
    7    2. POST-REMEDIATION ASSESSMENT SHALL, TO THE EXTENT  FEASIBLE,  DETER-
    8  MINE  THAT  THE UNDERLYING CAUSE OF THE MOLD HAS BEEN REMEDIATED SO THAT
    9  IT IS REASONABLY CERTAIN THAT THE MOLD WILL NOT RETURN FROM THAT REMEDI-
   10  ATED AREA. IF IT HAS BEEN DETERMINED THAT THE UNDERLYING  CAUSE  OF  THE
   11  MOLD  HAS NOT BEEN REMEDIATED, THE MOLD ASSESSMENT LICENSEE SHALL MAKE A
   12  RECOMMENDATION TO THE CLIENT AS TO THE  TYPE  OF  CONTRACTOR  WHO  COULD
   13  REMEDY THE SOURCE OF THE MOLD OR THE MOISTURE CAUSING THE MOLD.
   14    3. A MOLD ASSESSMENT LICENSEE WHO DETERMINES THAT REMEDIATION HAS BEEN
   15  SUCCESSFUL  SHALL  ISSUE A WRITTEN PASSED CLEARANCE REPORT TO THE CLIENT
   16  AT THE CONCLUSION OF EACH MOLD REMEDIATION PROJECT.
   17    4. IF THE MOLD ASSESSMENT LICENSEE DETERMINES THAT REMEDIATION HAS NOT
   18  BEEN SUCCESSFUL, THE LICENSEE SHALL ISSUE A WRITTEN FINAL STATUS  REPORT
   19  TO  THE  CLIENT  AND  TO  THE  REMEDIATION LICENSEE AND RECOMMEND TO THE
   20  CLIENT THAT EITHER A NEW ASSESSMENT BE CONDUCTED, THAT  THE  REMEDIATION
   21  PLAN  AS  ORIGINALLY DEVELOPED BE COMPLETED, OR THE UNDERLYING CAUSES OF
   22  MOLD BE ADDRESSED, AS APPROPRIATE.
   23    S 948. INVESTIGATIONS AND COMPLAINTS. THE COMMISSIONER SHALL HAVE  THE
   24  AUTHORITY TO INSPECT ONGOING OR COMPLETED MOLD ASSESSMENT AND MOLD REME-
   25  DIATION  PROJECTS  AND  TO  CONDUCT AN INVESTIGATION UPON HIS OR HER OWN
   26  INITIATION OR UPON RECEIPT OF A COMPLAINT BY ANY PERSON OR ENTITY.
   27    S 2. The state finance law is amended by adding a new section  97-pppp
   28  to read as follows:
   29    S 97-PPPP. MOLD ASSESSMENT AND REMEDIATION ACCOUNT. 1. THERE IS HEREBY
   30  ESTABLISHED  IN THE CUSTODY OF THE STATE COMPTROLLER THE MOLD ASSESSMENT
   31  AND REMEDIATION ACCOUNT.
   32    2. SUCH ACCOUNT SHALL CONSIST OF  MONEYS  COLLECTED  PURSUANT  TO  THE
   33  PROVISIONS OF ARTICLE THIRTY-TWO OF THE LABOR LAW.
   34    3.  MONEYS  OF  THE  ACCOUNT SHALL BE AVAILABLE TO THE COMMISSIONER OF
   35  LABOR FOR PURPOSES OF OFFSETTING THE COSTS INCURRED BY THE  COMMISSIONER
   36  OF  LABOR FOR THE ADMINISTRATION OF ARTICLE THIRTY-TWO OF THE LABOR LAW,
   37  INCLUDING THE ADMINISTRATION  OF  LICENSES,  COURSE  WORK  AND  TRAINING
   38  PROGRAMS, AND ENFORCEMENT AS SET FORTH IN SUCH ARTICLE THIRTY-TWO.
   39    4.  THE  MONEYS  SHALL  BE  PAID  OUT  OF THE ACCOUNT ON THE AUDIT AND
   40  WARRANT OF THE COMPTROLLER ON VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE
   41  COMMISSIONER OR HIS OR HER DESIGNEE.
   42    5.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
   43  MONEYS SHALL BE AVAILABLE FROM THE ACCOUNT UNTIL A CERTIFICATE OF  ALLO-
   44  CATION  AND  A  SCHEDULE  OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
   45  BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, AND A COPY  OF  SUCH  CERTIF-
   46  ICATE  FILED  WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE AMENDED FROM
   47  TIME TO TIME BY THE DIRECTOR OF THE BUDGET  AND  A  COPY  OF  EACH  SUCH
   48  AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
   49    S 3. This act shall take effect on the one hundred eightieth day after
   50  it shall have become a law.
feedback