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
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.