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--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:
1 Section 1. Article 40 of the general business law, as renumbered by
2 chapter 407 of the laws of 1973, is renumbered article 60.
3 S 2. Sections 900 and 901 of the general business law, as renumbered
4 by chapter 407 of the laws of 1973, are renumbered sections 2000 and
5 2001.
6 S 3. The general business law is amended by adding a new article 40 to
7 read as follows:
8 ARTICLE 40
9 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
10 SPECIALISTS AND MINIMUM WORK STANDARDS
11 TITLE I. LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
12 SPECIALISTS AND MINIMUM WORK STANDARDS (SS 900-910).
13 II. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS
14 AND REMEDIATION BY LICENSED PERSONS (SS 915-917).
15 TITLE I
16 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
17 SPECIALISTS AND MINIMUM WORK STANDARDS
18 SECTION 900. DEFINITIONS.
19 901. LICENSES REQUIRED.
20 902. 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
1 903. EXEMPTIONS.
2 904. LICENSE ISSUANCE AND RENEWAL.
3 905. PRACTICE BY LICENSE HOLDER.
4 906. LICENSEE DUTIES; PROHIBITED ACTIVITIES.
5 907. PENALTIES.
6 908. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING.
7 909. JUDICIAL REVIEW.
8 910. RULEMAKING AUTHORITY
9 S 900. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "DEPARTMENT" MEANS
10 DEPARTMENT OF LABOR.
11 2. "MOLD" MEANS INDOOR MOLD GROWTH CAPABLE OF CREATING TOXINS THAT CAN
12 CAUSE PULMONARY, RESPIRATORY, NEUROLOGICAL OR OTHER MAJOR ILLNESSES
13 AFTER MINIMAL EXPOSURE, AS SUCH EXPOSURE IS DEFINED BY THE ENVIRONMENTAL
14 PROTECTION AGENCY, CENTERS FOR DISEASE CONTROL AND PREVENTION, NATIONAL
15 INSTITUTE OF HEALTH, OR OTHER FEDERAL, STATE, OR LOCAL AGENCY ORGANIZED
16 TO STUDY AND/OR PROTECT HUMAN HEALTH.
17 3. "MOLD REMEDIATION" MEANS THE REMOVAL, CLEANING, SANITIZING, DEMOLI-
18 TION, OR OTHER TREATMENT, INCLUDING PREVENTIVE ACTIVITIES, OF MOLD OR
19 MOLD-CONTAMINATED MATTER.
20 4. "MOLD INSPECTION OR ASSESSMENT" MEANS AN INSPECTION OR ASSESSMENT
21 OF REAL PROPERTY THAT IS DESIGNED TO DISCOVER INDOOR MOLD GROWTH, TOXIC
22 MOLD GROWTH, CONDITIONS THAT FACILITATE INDOOR MOLD GROWTH AND/OR INDI-
23 CIA OF CONDITIONS THAT ARE LIKELY TO FACILITATE INDOOR MOLD GROWTH.
24 5. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
25 S 901. LICENSES REQUIRED. NO PERSON SHALL ENGAGE IN OR CONDUCT, OR
26 ADVERTISE OR HOLD HIMSELF OR HERSELF OUT AS ENGAGING IN OR CONDUCTING
27 THE BUSINESS OF, OR ACTING IN THE CAPACITY OF A PERSON WHO CONDUCTS MOLD
28 ASSESSMENT AND/OR REMEDIATION UNLESS SUCH PERSON HOLDS A MOLD ASSESSMENT
29 AND/OR REMEDIATION LICENSE AS PROVIDED FOR IN THIS ARTICLE.
30 S 902. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS. 1. THE
31 COMMISSIONER SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR LICENSING.
32 2. APPLICATIONS FOR LICENSES AND RENEWAL LICENSES SHALL BE MADE IN
33 WRITING TO THE DEPARTMENT ON FORMS PROVIDED BY THE DEPARTMENT.
34 3. AN APPLICANT FOR A LICENSE TO PERFORM MOLD ASSESSMENT AND REMEDI-
35 ATION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
36 (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
37 (B) HAVE SATISFACTORILY COMPLETED DEPARTMENT APPROVED COURSE WORK;
38 (C) PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION FIVE OF THIS
39 SECTION; AND
40 (D) SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS' COMPENSATION
41 COVERAGE, IF REQUIRED, AND LIABILITY INSURANCE OF AT LEAST FIFTY THOU-
42 SAND DOLLARS.
43 4. AN APPLICANT SHALL FURNISH THE DEPARTMENT WITH A FINANCIAL STATE-
44 MENT, PREPARED BY AN INDEPENDENT AUDITOR OR ACCOUNTANT AND SIGNED BY THE
45 APPLICANT AND AUDITOR BEFORE A NOTARY PUBLIC, STATING THE ASSETS OF THE
46 APPLICANT, TO BE USED BY THE DEPARTMENT TO DETERMINE THE FINANCIAL
47 RESPONSIBILITY OF THE APPLICANT TO PERFORM MOLD INSPECTION, ASSESSMENT
48 AND/OR REMEDIATION SERVICES.
49 5. THE DEPARTMENT MAY CHARGE AND COLLECT THE FOLLOWING FEES:
50 (A) A FEE FOR AN APPLICATION FOR A LICENSE, NOT TO EXCEED ONE HUNDRED
51 DOLLARS;
52 (B) A FEE FOR RENEWAL OF A LICENSE, NOT TO EXCEED ONE HUNDRED DOLLARS;
53 AND
54 (C) A FEE FOR DELINQUENT RENEWAL OF A LICENSE, NOT TO EXCEED FIFTY
55 DOLLARS.
S. 3667--A 3
1 S 903. EXEMPTIONS. THE FOLLOWING PERSONS SHALL NOT BE REQUIRED TO
2 OBTAIN A LICENSE AS PROVIDED IN THIS TITLE IN ORDER TO PERFORM MOLD
3 INSPECTION, ASSESSMENT OR REMEDIATION:
4 1. A RESIDENTIAL PROPERTY OWNER WHO PERFORMS MOLD INSPECTION, ASSESS-
5 MENT OR REMEDIATION ON HIS OR HER OWN PROPERTY;
6 2. A NON-RESIDENTIAL PROPERTY OWNER, OR THE EMPLOYEE OF SUCH OWNER,
7 WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION ON AN APARTMENT BUILDING
8 OWNED BY THAT PERSON THAT HAS NOT MORE THAN FOUR DWELLING UNITS;
9 3. AN OWNER OR TENANT, OR A MANAGING AGENT OR EMPLOYEE OF AN OWNER OR
10 TENANT, WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION ON PROPERTY OWNED OR
11 LEASED BY THE OWNER OR TENANT, PROVIDED THAT THIS SUBDIVISION SHALL NOT
12 APPLY IF THE MANAGING AGENT OR EMPLOYEE ENGAGES IN THE BUSINESS OF
13 PERFORMING MOLD ASSESSMENT OR REMEDIATION FOR THE PUBLIC; AND
14 4. AN EMPLOYEE OF A LICENSEE WHO PERFORMS MOLD ASSESSMENT OR REMEDI-
15 ATION WHILE SUPERVISED BY THE LICENSEE.
16 S 904. LICENSE ISSUANCE AND RENEWAL. 1. LICENSES ISSUED PURSUANT TO
17 THE PROVISIONS OF THIS TITLE SHALL BE ISSUED FOR A PERIOD OF TWO YEARS.
18 LICENSES WHICH ARE NOT RENEWED SHALL BE CONSIDERED TO BE EXPIRED, AND
19 ANY MOLD ASSESSMENT OR REMEDIATION ACTIVITY WHICH WOULD REQUIRE A
20 LICENSE TO PERFORM WHICH OCCURS AFTER EXPIRATION OF THE LICENSE SHALL BE
21 DEEMED A VIOLATION OF THE PROVISIONS OF THIS ARTICLE.
22 2. ANY LICENSEE WHO FAILS TO TIMELY RENEW HIS OR HER LICENSE MAY THER-
23 EAFTER RENEW UPON PAYMENT OF THE APPROPRIATE RENEWAL AND DELINQUENT FEES
24 AND UPON FILING OF A RENEWAL APPLICATION. THE PERIOD FOR DELINQUENT
25 RENEWAL OF AN EXPIRED LICENSE SHALL BE LIMITED TO THE SIX MONTH PERIOD
26 IMMEDIATELY FOLLOWING THE EXPIRATION DATE OF THE ACTIVE LICENSE. FAILURE
27 TO RENEW AN EXPIRED LICENSE DURING SUCH SIX MONTH PERIOD SHALL RESULT IN
28 FORFEITURE OF RENEWAL RIGHTS AND SHALL REQUIRE THE FORMER LICENSEE TO
29 APPLY AS AN INITIAL APPLICANT AND MEET ALL REQUIREMENTS OF AN INITIAL
30 APPLICANT.
31 3. LICENSES SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT.
32 S 905. PRACTICE BY LICENSE HOLDER. 1. A LICENSE HOLDER WHO INTENDS TO
33 PERFORM MOLD ASSESSMENT ON A MOLD REMEDIATION PROJECT SHALL PREPARE A
34 WORK ANALYSIS FOR THE PROJECT. THE LICENSE HOLDER SHALL PROVIDE THE
35 ANALYSIS TO THE CLIENT BEFORE THE MOLD REMEDIATION BEGINS. THE WORK
36 ANALYSIS MUST SPECIFY:
37 (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
38 (B) THE ESTIMATED QUANTITIES OF MATERIALS TO BE REMOVED OR CLEANED AT
39 THE PROJECT;
40 (C) THE PROPOSED METHODS FOR EACH TYPE OF REMEDIATION IN EACH TYPE OF
41 AREA IN THE PROJECT; AND
42 (D) THE PROPOSED CLEARANCE CRITERIA FOR EACH TYPE OF REMEDIATION IN
43 EACH TYPE OF AREA IN THE PROJECT.
44 2. A LICENSE HOLDER WHO INTENDS TO PERFORM MOLD REMEDIATION SHALL
45 PREPARE A WORK PLAN PROVIDING INSTRUCTIONS FOR THE REMEDIATION EFFORTS
46 TO BE PERFORMED FOR THE MOLD REMEDIATION PROJECT. THE LICENSE HOLDER
47 SHALL PROVIDE THE WORK PLAN TO THE CLIENT BEFORE THE MOLD REMEDIATION
48 BEGINS. THE LICENSE HOLDER SHALL MAINTAIN A COPY OF THE WORK PLAN AT THE
49 JOB SITE WHERE THE REMEDIATION IS BEING PERFORMED.
50 S 906. LICENSEE DUTIES; PROHIBITED ACTIVITIES. 1. A LICENSEE WHO
51 PERFORMS MOLD INSPECTION OR ASSESSMENT SERVICES SHALL PROVIDE A WRITTEN
52 REPORT TO EACH PERSON FOR WHOM SUCH LICENSEE PERFORMS MOLD INSPECTION OR
53 ASSESSMENT SERVICES FOR COMPENSATION.
54 2. NO LICENSEE SHALL PERFORM BOTH MOLD ASSESSMENT AND MOLD REMEDIATION
55 ON THE SAME PROPERTY.
S. 3667--A 4
1 3. NO PERSON SHALL OWN AN INTEREST IN BOTH THE ENTITY WHICH PERFORMS
2 MOLD ASSESSMENT SERVICES AND THE ENTITY WHICH PERFORMS MOLD REMEDIATION
3 SERVICES ON THE SAME PROPERTY.
4 S 907. PENALTIES. 1. THE DEPARTMENT MAY SUSPEND OR REVOKE ANY LICENSE,
5 OR CENSURE, FINE, OR IMPOSE PROBATIONARY OR OTHER RESTRICTIONS ON ANY
6 LICENSEE FOR GOOD CAUSE SHOWN WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
7 THE FOLLOWING:
8 (A) CONVICTION OF A FELONY;
9 (B) DECEIT OR MISREPRESENTATION IN OBTAINING A LICENSE;
10 (C) PROVIDING FALSE TESTIMONY OR DOCUMENTS TO THE DEPARTMENT;
11 (D) DECEIVING OR DEFRAUDING THE PUBLIC; OR
12 (E) INCOMPETENCE OR GROSS NEGLIGENCE.
13 2. VIOLATORS OF ANY OF THE PROVISIONS OF THIS SECTION MAY BE FINED BY
14 THE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS PER
15 VIOLATION AND TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
16 3. ALL FINES COLLECTED PURSUANT TO THIS SECTION FOR VIOLATION SHALL BE
17 TRANSFERRED TO A SEPARATE CONTRACTOR'S EDUCATION TRUST FUND TO BE USED
18 FOR EDUCATIONAL PURPOSES AS DETERMINED BY THE DEPARTMENT.
19 S 908. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING. 1. THE
20 DEPARTMENT SHALL, BEFORE MAKING A FINAL DETERMINATION TO DENY AN APPLI-
21 CATION FOR A LICENSE, NOTIFY THE APPLICANT IN WRITING OF THE REASONS FOR
22 SUCH PROPOSED DENIAL AND AFFORD THE APPLICANT AN OPPORTUNITY TO BE HEARD
23 IN PERSON OR BY COUNSEL PRIOR TO DENIAL OF THE APPLICATION. SUCH
24 NOTIFICATION SHALL BE SERVED IN ANY MANNER AUTHORIZED BY THE CIVIL PRAC-
25 TICE LAW AND RULES FOR SERVICE OF SUMMONS. IF A HEARING IS REQUESTED,
26 SUCH HEARING SHALL BE HELD AT SUCH TIME AND PLACE AS THE DEPARTMENT
27 SHALL PRESCRIBE.
28 2. IF THE APPLICANT FAILS TO MAKE A WRITTEN REQUEST FOR A HEARING
29 WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH NOTIFICATION, THEN THE NOTIFI-
30 CATION OF DENIAL SHALL BECOME THE FINAL DETERMINATION OF THE DEPARTMENT.
31 THE DEPARTMENT SHALL HAVE SUBPOENA POWERS REGULATED BY THE CIVIL PRAC-
32 TICE LAW AND RULES. IF, AFTER SUCH HEARING, THE APPLICATION IS DENIED,
33 WRITTEN NOTICE OF SUCH DENIAL SHALL BE SERVED UPON THE APPLICANT IN ANY
34 MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES FOR THE SERVICE OF
35 A SUMMONS.
36 3. THE DEPARTMENT SHALL, BEFORE REVOKING OR SUSPENDING ANY LICENSE OR
37 IMPOSING ANY FINE OR REPRIMAND ON THE HOLDER THEREOF, OR BEFORE ISSUING
38 ANY ORDER DIRECTING THE CESSATION OF UNLICENSED ACTIVITIES, AND AT LEAST
39 TEN DAYS PRIOR TO THE DATE SET FOR THE HEARING, NOTIFY IN WRITING THE
40 HOLDER OF SUCH LICENSE, OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLI-
41 CENSED ACTIVITIES, OF ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN
42 OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFERENCE THERETO.
43 4. WRITTEN NOTICE MUST BE SERVED TO THE LICENSEE OR PERSON CHARGED.
44 5. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
45 DEPARTMENT SHALL PRESCRIBE.
46 S 909. JUDICIAL REVIEW. THE ACTION OF THE COMMISSIONER IN SUSPENDING,
47 REVOKING OR REFUSING TO ISSUE OR RENEW A LICENSE, OR ISSUING AN ORDER
48 DIRECTING THE CESSATION OF UNLICENSED ACTIVITY OR IMPOSING A FINE OR
49 REPRIMAND MAY BE APPEALED BY A PROCEEDING BROUGHT UNDER AND PURSUANT TO
50 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
51 S 910. RULEMAKING AUTHORITY. THE DEPARTMENT SHALL ADOPT RULES AND
52 REGULATIONS TO OVERSEE THE PRACTICE OF MOLD INSPECTION, ASSESSMENT AND
53 REMEDIATION AND TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
S. 3667--A 5
1 TITLE II
2 MINIMUM WORK STANDARDS FOR THE CONDUCT OF
3 MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
4 SECTION 915. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS
5 BY LICENSED PERSONS.
6 916. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION
7 BY LICENSED PERSONS.
8 917. POST-REMEDIATION ASSESSMENT AND CLEARANCE.
9 S 915. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS BY
10 LICENSED PERSONS. 1. A MOLD ASSESSMENT LICENSEE SHALL PREPARE A MOLD
11 REMEDIATION PLAN THAT IS SPECIFIC TO EACH REMEDIATION PROJECT AND
12 PROVIDE THE PLAN TO THE CLIENT BEFORE THE REMEDIATION BEGINS. THE MOLD
13 REMEDIATION PLAN MUST SPECIFY:
14 (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
15 (B) THE ESTIMATED QUANTITIES OF MATERIALS TO BE CLEANED OR REMOVED;
16 (C) THE METHODS TO BE USED FOR EACH TYPE OF REMEDIATION IN EACH TYPE
17 OF AREA;
18 (D) THE PERSONAL PROTECTION EQUIPMENT (PPE) TO BE USED BY LICENSED
19 REMEDIATORS; AND
20 (E) THE PROPOSED CLEARANCE PROCEDURES AND CRITERIA FOR EACH TYPE OF
21 REMEDIATION IN EACH TYPE OF AREA.
22 2. A MOLD ASSESSMENT LICENSEE SHALL CONSIDER WHETHER TO RECOMMEND TO A
23 CLIENT THAT, BEFORE REMEDIATION BEGINS, THE CLIENT SHOULD INFORM BUILD-
24 ING OCCUPANTS OF MOLD-RELATED ACTIVITIES THAT WILL DISTURB OR WILL HAVE
25 THE POTENTIAL TO DISTURB AREAS OF MOLD CONTAMINATION.
26 3. CONTAINMENT MUST BE SPECIFIED IN A MOLD REMEDIATION PLAN WHEN THE
27 MOLD CONTAMINATION AFFECTS A TOTAL SURFACE AREA OF TWENTY-FIVE CONTIG-
28 UOUS SQUARE FEET OR MORE FOR THE PROJECT. THE CONTAINMENT SPECIFIED IN
29 THE REMEDIATION PLAN MUST PREVENT THE SPREAD OF MOLD TO AREAS OF THE
30 BUILDING OUTSIDE THE CONTAINMENT UNDER NORMAL CONDITIONS OF USE.
31 4. A MOLD ASSESSMENT LICENSEE WHO INDICATES IN A REMEDIATION PLAN THAT
32 A DISINFECTANT, BIOCIDE, OR ANTIMICROBIAL COATING WILL BE USED ON A MOLD
33 REMEDIATION PROJECT SHALL INDICATE A SPECIFIC PRODUCT OR BRAND ONLY IF
34 IT IS REGISTERED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
35 FOR THE INTENDED USE AND IF THE USE IS CONSISTENT WITH THE MANUFACTUR-
36 ER'S LABELING INSTRUCTIONS. A DECISION BY A MOLD ASSESSMENT LICENSEE TO
37 USE SUCH PRODUCTS MUST TAKE INTO ACCOUNT THE POTENTIAL FOR OCCUPANT
38 SENSITIVITIES.
39 5. IN THE REMEDIATION PLAN FOR THE PROJECT, THE MOLD ASSESSMENT LICEN-
40 SEE SHALL SPECIFY THE PROCEDURE TO BE USED IN DETERMINING WHETHER THE
41 UNDERLYING CAUSE OF THE MOLD IDENTIFIED FOR THE PROJECT HAS BEEN REMEDI-
42 ATED SO THAT SUCH MOLD REMEDIATION LICENSEE IS REASONABLY CERTAIN THAT
43 THE MOLD WILL NOT RETURN FROM THE SAME CAUSE.
44 S 916. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION BY
45 LICENSED PERSONS. 1. A MOLD REMEDIATION LICENSEE SHALL PREPARE A MOLD
46 REMEDIATION WORK PLAN THAT IS SPECIFIC TO EACH PROJECT, FULFILLS ALL THE
47 REQUIREMENTS OF THE MOLD REMEDIATION PLAN AND PROVIDES SPECIFIC
48 INSTRUCTIONS AND/OR STANDARD OPERATING PROCEDURES FOR HOW A MOLD REMEDI-
49 ATION PROJECT WILL BE PERFORMED. THE MOLD REMEDIATION LICENSEE SHALL
50 PROVIDE THE MOLD REMEDIATION WORK PLAN TO THE CLIENT BEFORE SITE PREPA-
51 RATION WORK BEGINS.
52 2. IF A MOLD ASSESSMENT LICENSEE SPECIFIES IN THE MOLD REMEDIATION
53 PLAN THAT PERSONAL PROTECTION EQUIPMENT (PPE) IS REQUIRED FOR THE
54 PROJECT, THE MOLD REMEDIATION LICENSEE SHALL PROVIDE THE SPECIFIED PPE
55 TO ALL EMPLOYEES WHO ENGAGE IN REMEDIATION ACTIVITIES AND WHO WILL, OR
56 ARE ANTICIPATED TO, DISTURB OR REMOVE MOLD CONTAMINATION, WHEN THE MOLD
S. 3667--A 6
1 AFFECTS A TOTAL SURFACE AREA FOR THE PROJECT OF TWENTY-FIVE CONTIGUOUS
2 FEET OR MORE. EACH EMPLOYEE WHO IS PROVIDED PPE MUST RECEIVE TRAINING
3 ON THE APPROPRIATE USE AND CARE OF THE PROVIDED PPE. THE TRAINING SHALL
4 BE APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF HEALTH.
5 3. THE CONTAINMENT SPECIFIED IN THE REMEDIATION PLAN MUST BE USED ON A
6 MOLD REMEDIATION PROJECT WHEN THE MOLD AFFECTS A TOTAL SURFACE AREA OF
7 TWENTY-FIVE CONTIGUOUS SQUARE FEET OR MORE FOR THE PROJECT. THE CONTAIN-
8 MENT, WHEN CONSTRUCTED AS DESCRIBED IN THE REMEDIATION WORK PLAN AND
9 UNDER NORMAL CONDITIONS OF USE, MUST PREVENT THE SPREAD OF MOLD TO AREAS
10 OUTSIDE THE CONTAINMENT.
11 4. SIGNS ADVISING THAT A MOLD REMEDIATION PROJECT IS IN PROGRESS SHALL
12 BE DISPLAYED AT ALL ACCESSIBLE ENTRANCES TO REMEDIATION AREAS.
13 5. NO PERSON SHALL REMOVE OR DISMANTLE ANY CONTAINMENT STRUCTURES OR
14 MATERIALS FROM A PROJECT SITE PRIOR TO RECEIPT BY THE MOLD REMEDIATION
15 LICENSEE OVERSEEING THE PROJECT OF A NOTICE FROM A MOLD ASSESSMENT
16 LICENSEE THAT THE PROJECT HAS ACHIEVED CLEARANCE AS DESCRIBED IN SECTION
17 NINE HUNDRED SEVENTEEN OF THIS TITLE.
18 6. DISINFECTANTS, BIOCIDES AND ANTIMICROBIAL COATINGS MAY BE USED ONLY
19 IF THEIR USE IS SPECIFIED IN A MOLD REMEDIATION PLAN, IF THEY ARE REGIS-
20 TERED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE
21 INTENDED USE AND IF THE USE IS CONSISTENT WITH THE MANUFACTURER'S LABEL-
22 ING INSTRUCTIONS. IF A PLAN SPECIFIES THE USE OF SUCH A PRODUCT BUT DOES
23 NOT SPECIFY THE BRAND OR TYPE OF PRODUCT, A MOLD REMEDIATION LICENSEE
24 MAY SELECT THE BRAND OR TYPE OF PRODUCT TO BE USED. A DECISION BY A MOLD
25 ASSESSMENT OR REMEDIATION LICENSEE TO USE SUCH A PRODUCT MUST TAKE INTO
26 ACCOUNT THE POTENTIAL FOR OCCUPANT SENSITIVITIES AND POSSIBLE ADVERSE
27 REACTIONS TO CHEMICALS THAT HAVE THE POTENTIAL TO BE OFF-GASSED FROM
28 SURFACES COATED WITH THE PRODUCT.
29 S 917. POST-REMEDIATION ASSESSMENT AND CLEARANCE. 1. FOR A REMEDIATED
30 PROJECT TO ACHIEVE CLEARANCE, A MOLD ASSESSMENT LICENSEE SHALL CONDUCT A
31 POST-REMEDIATION ASSESSMENT. THE POST-REMEDIATION ASSESSMENT SHALL
32 DETERMINE WHETHER:
33 (A) THE WORK AREA IS FREE FROM ALL VISIBLE MOLD; AND
34 (B) ALL WORK HAS BEEN COMPLETED IN COMPLIANCE WITH THE REMEDIATION
35 PLAN AND REMEDIATION WORK PLAN AND MEETS CLEARANCE CRITERIA SPECIFIED IN
36 THE PLAN.
37 2. POST-REMEDIATION ASSESSMENT SHALL, TO THE EXTENT FEASIBLE, DETER-
38 MINE THAT THE UNDERLYING CAUSE OF THE MOLD HAS BEEN REMEDIATED SO THAT
39 IT IS REASONABLY CERTAIN THAT THE MOLD WILL NOT RETURN FROM THAT REMEDI-
40 ATED AREA.
41 3. A MOLD ASSESSMENT LICENSEE WHO DETERMINES THAT REMEDIATION HAS BEEN
42 SUCCESSFUL SHALL ISSUE A WRITTEN PASSED CLEARANCE REPORT TO THE CLIENT
43 AT THE CONCLUSION OF EACH MOLD REMEDIATION PROJECT.
44 4. IF THE MOLD ASSESSMENT LICENSEE DETERMINES THAT REMEDIATION HAS NOT
45 BEEN SUCCESSFUL AND CEASES TO BE INVOLVED WITH THE PROJECT BEFORE THE
46 PROJECT PASSES CLEARANCE, THE LICENSEE SHALL ISSUE A WRITTEN FINAL
47 STATUS REPORT TO THE CLIENT AND TO THE REMEDIATION LICENSEE.
48 S 4. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law.
