LAWS OF NEW YORK, 2014 CHAPTER 551
This originally appeared here on the NY state website.
(To make it easier to understand, all NY laws regarding mold testing are highlighted in RED.)
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 assessment and remediation account Became a law January 29, 2015, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new article 32 to read
as follows:
ARTICLE 32
LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
SPECIALISTS AND MINIMUM WORK STANDARDS
Title 1. Licensing of mold inspection, assessment and remediation
specialists and minimum work standards (Secs. 930-940.)
2. Minimum work standards for the conduct of mold assessments
and remediation by licensed persons (Secs. 945-948.)
TITLE 1 – LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION SPECIALISTS AND MINIMUM WORK STANDARDS
- 930. Definitions
- 931. Licensing requirements.
- 932.License; procedure.
- 933. Exemptions.
- 934. License issuance and renewal.
- 935. Practice by license holder.
- 936. Licensee duties; prohibited activities.
- 937. Civil penalties and revocation.
- 938. Denial of license; complaints; notice of hearing.
- 939. Judicial review.
- 940. Rulemaking authority.
§ 930. Definitions. As used in this article:
1. “Department” means the 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 conducting the business of removal, clean-
ing, sanitizing, or surface disinfection of mold, mold containment, and
waste handling of mold and materials used to remove mold from surfaces
by a business enterprise, including but not limited to, sole proprietorships. Mold remediation for the purposes of this article shall not
include remediation of the underlying sources of moisture that may be
the cause of mold that requires expertise not specific to acts author-
ized under this article.
4. “Mold assessment” means an inspection or assessment of real proper-
ty that is designed to discover indoor mold growth, toxic mold growth,
conditions that facilitate indoor mold growth and/or indicia of condi-
tions that are likely to facilitate indoor mold growth.
5. “Mold abatement” means the act of removal, cleaning, sanitizing, or
surface disinfection of mold, mold containment, and waste handling of
mold and materials used to remove mold from surfaces by an individual.
6. “Commissioner” means the commissioner of the department of labor.
§ 931. Licensing requirements.
1. It shall be unlawful for any
contractor to engage in mold assessment, or to advertise or hold them-
selves out as a mold assessment contractor unless such contractor has a
valid mold assessment license issued by the commissioner.
2. It shall be unlawful for any contractor to engage in mold remedi-
ation, or to advertise or hold themselves out as a mold remediation
contractor unless such contractor has a valid mold remediation license
issued by the commissioner.
3. It shall be unlawful for any individual to engage in mold abatement
or to advertise or hold themselves out as a mold abatement worker unless
such individual has a valid mold abater’s license issued by the commis-
sioner.
4. A copy of a valid mold assessment or mold remediation license must
be conspicuously displayed at the work site on a mold project.
5. (a) Nothing in this article shall prohibit any design professional licensed pursuant to title eight of the education law from performing mold inspection, assessment, remediation and/or abatement tasks or functions if the person is acting within the scope of his or her practice, or require the design professional to obtain a license under this arti- cle for such mold inspection, assessment remediation and/or abatement tasks or functions. (b) Nothing in this article shall mean that any individual not licensed pursuant to title eight of the education law may perform tasks or functions limited to the scope of practice of a design professional under such title.
§ 932. License; procedure.
1. The commissioner shall establish minimum qualifications for licensing.
2. Applications for licenses and renewal licenses shall be submitted
to the department in writing on forms furnished by the commissioner and
shall contain the information set forth in this section as well as any
additional information that the commissioner may require.
3. An applicant for a license to perform mold assessment shall meet the following minimum requirements:
(a) be eighteen years of age or older;
(b) have satisfactorily completed department approved course work,
including training on the appropriate use and care of personal
protection equipment as approved by the commissioner of the department
of health; and
(c) paid the appropriate fees as provided in subdivision six of this
section; and
4. An applicant for a license to perform mold remediation shall meet the following minimum requirements:
(a) be eighteen years of age or older;
(b) have satisfactorily completed department approved course work,
including training on the appropriate use and care of personal
protection equipment as approved by the commissioner of the department
of health; (c) paid the appropriate fees as provided in subdivision six of this section; and
(d) submitted insurance certificates evidencing workers’ compensation
coverage, if required, and liability insurance of at least fifty thou-
sand dollars. An applicant for a license to perform mold remediation
shall furnish the department with a financial statement, prepared by an
independent auditor or accountant and signed by the applicant and audi-
tor 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 remediation services.
5. An applicant for a license to perform mold abatement shall meet the following minimum requirements:
(a) be eighteen years of age or older;
(b) have satisfactorily completed department approved course work,
including training on the appropriate use and care of personal
protection equipment as approved by the commissioner of the department
of health; and
(c) paid the appropriate fees as provided in subdivision six of this
section; and
6. The department shall charge and collect the following fees which shall accompany each application:
(a) a fee for an initial application for a license, not to exceed one
hundred dollars; and
(b) a fee for renewal of a license, not to exceed one hundred dollars.
§ 933. Exemptions.
The following persons shall not be required to obtain a license as provided in this title in order to perform mold
assessment or remediation:
1. a residential property owner who performs mold inspection, assessment 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; and
3. an owner or a managing agent or a full-time employee of an owner
who performs mold assessment or remediation on commercial property owned
by the owner provided, however, 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.
§ 934. License issuance and renewal.
1. Licenses issued pursuant to
the provisions of this title shall be valid for a period of two years
from the date of issuance and may be renewed in accordance with the
conditions set forth in this article and established by the commissioner.
2. Within thirty days of the receipt of the application and fee for any license issued under this section, the commissioner shall either issue the license or deny the license setting forth the reason for such denial in writing.
3. Licenses shall be in a form prescribed by the department.
4. The renewal of all licenses granted under the provisions of this article shall be conditioned upon the submission of a certificate of completion of a department-approved course designed to ensure the continuing education of licensees on new and existing mold assessment and mold remediation standards.
CHAP. 551 4 – § 935. Practice by license holder.
1. A mold assessment license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. The mold assessment license holder shall provide the analysis to the client before the mold remediation begins and such plan must include the analysis as defined in section nine hundred forty-five of this article.
2. A mold remediation license holder who intends to perform mold remediation shall prepare a work plan providing instructions for the remedi- ation efforts to be performed for the mold remediation project. The mold remediation license holder shall provide the work plan to the client before the mold remediation begins. The mold remediation license holder shall maintain a copy of the work plan at the job site where the remedi- ation is being performed.
§ 936. Licensee duties; prohibited activities.
1. A mold assessment licensee who performs mold assessment services shall provide a written report to each person for whom such licensee performs mold assessment services for compensation.
2. No licensee shall perform both mold assessment and mold remediation on the same property.
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.
§ 937. Civil penalties and revocation.
1. The department may, after a notice and hearing, 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 relating to the performance of a mold
assessment or mold remediation;
(b) deceit or misrepresentation in obtaining a license authorized
under this article;
(c) providing false testimony or documents to the department in
relation to a license authorized by this article or any other license
issued by the department;
(d) deceiving or defrauding the public in relation to services
provided for a fee that require a license; or
(e) incompetence or gross negligence in relation to mold assessment or
mold remediation.
2. Violators of any of the provisions of this article may be fined by
the department in an amount not to exceed two thousand dollars for the
initial violation and up to ten thousand dollars for each subsequent
violation.
§ 938. Denial of license; complaints; notice of hearing.
1. The department shall, before making a determination to deny an application
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 notifica-
tion shall be served in any manner authorized by the civil practice law
and rules for service of summons. Such notice shall notify the applicant
that a request for a hearing must be made within thirty days after
receipt of such notification. 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 as authorized by this article 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 unlicensed 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.
§ 939. 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.
§ 940. Rulemaking authority.
The department shall adopt rules and regulations to oversee the practice of mold assessment, remediation and abatement and to ensure the health, safety and welfare of the public.
TITLE 2 MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
Section 945. Minimum work standards for the conduct of mold assessments by licensed persons.
946. Minimum work standards for the conduct of mold remediation by licensed persons.
947. Post-remediation assessment and clearance. 948. Investigations and complaints.
§ 945. 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 supplied by licensed
remediators for use by licensed abaters;
(e) the proposed clearance procedures and criteria for each type of
remediation in each type of area;
(f) when the project is a building that is currently occupied, how to
properly notify such occupants of such projects taking into consider-
ation proper health concerns; the plan must also provide recommendations
for notice and posting requirements that are appropriate for the project
size, duration and points of entry;
(g) an estimate of cost and an estimated time frame for completion;
and
(h) when possible, the underlying sources of moisture that may be
causing the mold and a recommendation as to the type of contractor who
would remedy the source of such moisture.
2. 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.
3. 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.
§ 946. 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 developed by the mold assess-
ment licensee as provided to the client 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. 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.
3. Signs advising that a mold remediation project is in progress shall
be displayed at all accessible entrances to remediation areas.
4. 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 forty-seven of this title.
5. 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.
§ 947. 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. If it has been determined that the underlying cause of the
mold has not been remediated, the mold assessment licensee shall make a
recommendation to the client as to the type of contractor who could
remedy the source of the mold or the moisture causing the mold.
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, the licensee shall issue a written final status report
to the client and to the remediation licensee and recommend to the
client that either a new assessment be conducted, that the remediation
plan as originally developed be completed, or the underlying causes of
mold be addressed, as appropriate.
§ 948. Investigations and complaints. The commissioner shall have the
authority to inspect ongoing or completed mold assessment and mold reme-
diation projects and to conduct an investigation upon his or her own
initiation or upon receipt of a complaint by any person or entity.
§ 2. The state finance law is amended by adding a new section to read as follows:
Mold assessment and remediation account.
1. There is hereby established in the custody of the state comptroller the mold assessment
and remediation account.
2. Such account shall consist of moneys collected pursuant to the
provisions of article thirty-two of the labor law.
3. Moneys of the account shall be available to the commissioner of
labor for purposes of offsetting the costs incurred by the commissioner
of labor for the administration of article thirty-two of the labor law,
including the administration of licenses, course work and training
programs, and enforcement as set forth in such article thirty-two.
4. The moneys shall be paid out of the account on the audit and
warrant of the comptroller on vouchers certified or approved by the
commissioner or his or her designee.
5. Notwithstanding the provisions of any general or special law, no moneys shall be available from the account until a certificate of allo- cation and a schedule of amounts to be available therefor shall have been issued by the director of the budget, and a copy of such certif- icate filed with the comptroller. Such certificate may be amended from time to time by the director of the budget and a copy of each such amendment shall be filed with the comptroller.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
DEAN G. SKELOS SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly