|
|
"Proponents of this new law for mold inspections believe it will drive out the unscrupulous
or untrained or uninsured persons who could harm the public. We have maintained the
$1 million E&O insurance for years while only a handfull of our competition have E&O insurance. As for training, there are about 19 AmIAQC Certified Indoor Environmentalists within 100 miles
of Naples, FL out of 200 to 300 "mold inspectors". The consumer will be better
protected by this new law. People will now know that a Mold Inspector is different from a home inspector. Two
different licenses, training, insurance and especially experience requirements." Doug Wall, CIE |
||||||||||
|
ACAC update
|
||||||||||
| |||
MOLD-RELATED SERVICES 468.84 Legislative purpose. 468.841 Exemptions. 468.8411 Definitions. 468.8412 Fees. 468.8413 Examinations. 468.8414 Licensure. 468.8415 Renewal of license. 468.8416 Continuing education. 468.8417 Inactive license. 468.8418 Certification of partnerships and corporations. 468.8419 Prohibitions; penalties. 468.842 Disciplinary proceedings. 468.8421 Insurance. 468.8422 Contracts. 468.8423 Grandfather clause. |
History.--s. 3, ch. 2007-235.
1Note.--Effective July 1, 2010.
Florida State LicensedHome Inspector
|
Florida State Licensed Mold Inspector
( Assessor)
|
|
Minimum time to become licensed 3 to 4 WEEKS
|
Minimum time to become licensed 3 to 4 YEARS
|
|
Requirements:
|
Requirements: · Extensive
approved training · Pass
a state test · 4
years experience · Minimum $1 million Liability & E&O insurance |
|
Companies providing Home Inspection services
must be certified by the FL DBPR. |
Companies providing Mold Inspection services must
be certified by the FL Department of Business and Professional Regulation. |
|
Continuing Education Classes Required |
Continuing Education Classes Required |
 |
Microbiologist
Administrator
The IAQ Forum
bill which puts home inspectors and mold professionals
under license in Florida. This bill passed into law in
2007"
|
By some estimates there are 2000 to 3000 entities performing mold inspections in Florida. Due to the cost
of training, insurance, licensing fees, many believe that number will drop to 200 to 300 when the mold law becomes effective.
|
Mold Inspection certification (our view) The Mold
Inspection license should put everyone on a level playing field. The days of the "one and two day wonder" certified mold inspector
should be nearing an end in Florida. We
do not know what training will be approved for mold yet but the Indoor Air Quality Association has been doing training
for the Florida Department of Business and Professional Regulations for 9 years already. I'm sure other training organization
will apply for approval. AmIAQC certified Indoor Environmentalists are
recognized nationally because their training is from one organization (IAQA) and their certification (and exam)
is from a different organization (AmIAQC). Your application then has to be approved by a national
board and they do check your experience, etc. The American Indoor Air Quality Council (AmIAQC) certifications require proof of 2 years experience
just to apply. IAQA http://www.iaqa.org AmIAQC http://www.iaqcouncil.org We have
attended several classes from each of these groups, ESA, EMSL, PRO Lab, IAQA and more. ESA has good classes but have
no experience requirements for certifications. ESA does have testing standards but unlike IESO standards, ESA standards
are not approved by ANSI (The American National Standards Institute). ESA has
been providing training for several years now, they are approved for training in Texas and probably will in Florida too.
|
NO mold E&O insurance ..... No Responsiblitiy
|
Florida Mold Law
| |||
| 1468.841 Exemptions.-- (1) The following persons are not required to comply with any provisions of this part relating to mold assessment: (a) A residential property owner who performs mold assessment on his or her own property. (b) A person who performs mold assessment on property owned or leased by the person, the person's employer, or an entity affiliated with the person's employer through common ownership, or on property operated or managed by the person's employer or an entity affiliated with the person's employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold assessment for the public. (c) An employee of a mold assessor while directly supervised by the mold assessor. (d) Persons or business organizations acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a "certified mold assessor," "registered mold assessor," "licensed mold assessor," "mold assessor," "professional mold assessor," or any combination thereof stating or implying licensure under this part. (e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold assessment within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold assessment. (2) The following persons are not required to comply with any provisions of this part relating to mold remediation: (a) A residential property owner who performs mold remediation on his or her own property. (b) A person who performs mold remediation on property owned or leased by the person, the person's employer, or an entity affiliated with the person's employer through common ownership, or on property operated or managed by the person's employer or an entity affiliated with the person's employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold remediation for the public. (c) An employee of a mold remediator while directly supervised by the mold remediator. (d) Persons or business organizations that are acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a "certified mold remediator," "registered mold remediator," "licensed mold remediator," "mold remediator," "professional mold remediator," or any combination thereof stating or implying licensure under this part. (e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold remediation within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold remediation. History.--s. 3, ch. 2007-235; s. 25, ch. 2008-240. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8411 Definitions.--As used in this part, the term: (1) "Department" means the Department of Business and Professional Regulation. (2) "Mold" means an organism of the class fungi that causes disintegration of organic matter and produces spores, and includes any spores, hyphae, and mycotoxins produced by mold. (3) "Mold assessment" means a process performed by a mold assessor that includes the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 10 square feet. (4) "Mold assessor" means any person who performs or directly supervises a mold assessment. (5) "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location; however, such removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, may not be work that requires a license under chapter 489 unless performed by a person who is licensed under that chapter or the work complies with that chapter. (6) "Mold remediator" means any person who performs mold remediation. A mold remediator may not perform any work that requires a license under chapter 489 unless the mold remediator is also licensed under that chapter or complies with that chapter. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8412 Fees.-- (1) The department, by rule, may establish fees to be paid for application, examination, reexamination, licensing and renewal, inactive status application and reactivation of inactive licenses, and application for providers of continuing education. The department may also establish by rule a delinquency fee. Fees shall be based on department estimates of the revenue required to implement the provisions of this part. All fees shall be remitted with the application, examination, reexamination, licensing and renewal, inactive status application and reactivation of inactive licenses, and application for providers of continuing education. (2) The application fee shall not exceed $125 and is nonrefundable. The examination fee shall not exceed $125 plus the actual per applicant cost to the department to purchase the examination, if the department chooses to purchase the examination. The examination fee shall be in an amount that covers the cost of obtaining and administering the examination and shall be refunded if the applicant is found ineligible to sit for the examination. (3) The fee for an initial license shall not exceed $200. (4) The fee for an initial certificate of authorization shall not exceed $200. (5) The fee for a biennial license renewal shall not exceed $400. (6) The fee for a biennial certificate of authorization renewal shall not exceed $400. (7) The fee for licensure by endorsement shall not exceed $200. (8) The fee for application for inactive status shall not exceed $100. (9) The fee for reactivation of an inactive license shall not exceed $200. (10) The fee for applications from providers of continuing education may not exceed $500. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||||
1468.8413 Examinations.-- (1) A person desiring to be licensed as a mold assessor or mold remediator shall apply to the
department to take a licensure examination. (2) An applicant shall be entitled to take the licensure examination to practice in this state as a mold assessor
or mold remediator if the applicant is of good moral character and has satisfied one of the following requirements: (a)1. For a mold remediator, at least a 2-year degree
in microbiology, engineering, architecture, industrial hygiene, occupational safety, or a related field of science from an
accredited institution and a minimum of 1 year of documented field experience in a field related to mold remediation; or 2. A high school diploma or the equivalent with a minimum
of 4 years of documented field experience in a field related to mold remediation. (b)1. For a mold assessor, at least a 2-year degree in microbiology, engineering,
architecture, industrial hygiene, occupational safety, or a related field of science from an accredited institution and a
minimum of 1 year of documented field experience in conducting microbial sampling or investigations; or 2. A high school diploma or the
equivalent with a minimum of 4 years of documented field experience in conducting microbial sampling or investigations. (3) The department
shall review and approve courses of study in mold assessment and mold remediation. (4)(a) Good moral character means a personal history of honesty, fairness,
and respect for the rights of others and for the laws of this state and nation. (b) The department may refuse to certify an applicant for failure to
satisfy this requirement only if: 1. There
is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities
of a licensed mold assessor or mold remediator; and 2. The finding by the department of lack of good moral character is supported by clear and convincing evidence.
(c) When an applicant is found
to be unqualified for a license because of a lack of good moral character, the department shall furnish the applicant a statement
containing the findings of the department, a complete record of the evidence upon which the determination was based, and a
notice of the rights of the applicant to a rehearing and appeal. (5) The
department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. History.--s.
3, ch. 2007-235. 1Note.--Effective
July 1, 2010.
|
| |||
| 1468.8415 Renewal of license.-- (1) The department shall renew a license upon receipt of the renewal application and fee and upon certification by the department that the licensee has satisfactorily completed the continuing education requirements of s. 468.8416. (2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8416 Continuing education.-- (1) The department may not renew a license until the licensee submits proof satisfactory to it that during the 2 years prior to his or her application for renewal the licensee has completed at least 14 hours of continuing education. Criteria and course content shall be approved by the department by rule. (2) The department may prescribe by rule additional continuing professional education hours, not to exceed 25 percent of the total hours required, for failure to complete the hours required for renewal by the end of the renewal period. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8417 Inactive license.-- (1) A licensee may request that his or her license be placed in an inactive status by making application to the department. (2) A license that has become inactive may be reactivated upon application to the department. The department may prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 14 hours for each year the license was inactive. (3) The department shall adopt rules relating to licenses that have become inactive and for the renewal of inactive licenses. The department shall prescribe by rule a fee not to exceed $200 for the reactivation of an inactive license and a fee not to exceed $200 for the renewal of an inactive license. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8418 Certification of partnerships and corporations.-- (1) The department shall issue a certificate of authorization to a corporation or partnership offering mold assessment or mold remediation services to the public if the corporation or partnership satisfies all of the requirements of this part. (2) The practice of or the offer to practice mold assessment or mold remediation by licensees through a corporation or partnership offering mold assessment or mold remediation to the public, or by a corporation or partnership offering such services to the public through licensees under this part as agents, employees, officers, or partners, is permitted subject to the provisions of this part, provided that the corporation or partnership has been issued a certificate of authorization by the department as provided in this section. Nothing in this section shall be construed to allow a corporation to hold a license to practice mold assessment or mold remediation. No corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing mold assessment or mold remediation be relieved of responsibility for professional services performed by reason of his or her employment or relationship with a corporation or partnership. (3) For the purposes of this section, a certificate of authorization shall be required for a corporation, partnership, association, or person practicing under a fictitious name, offering mold assessment or mold remediation; however, when an individual is practicing mold assessment or mold remediation under his or her own given name, he or she shall not be required to register under this section. (4) Each certificate of authorization shall be renewed every 2 years. Each partnership and corporation certified under this section shall notify the department within 1 month of any change in the information contained in the application upon which the certification is based. (5) Disciplinary action against a corporation or partnership shall be administered in the same manner and on the same grounds as disciplinary action against a licensed mold assessor or mold remediator. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
1468.8419 Prohibitions; penalties.-- (1) A mold assessor, a company that employs a mold assessor, or a company that is controlled by a company that also has a financial interest in a company employing a mold assessor may not: (a) Perform or offer to perform any mold assessment unless the mold assessor has documented training in water, mold, and respiratory protection under s. 468.8414(2). (b) Perform or offer to perform any mold assessment unless the person has complied with the provisions of this part. (c) Use the name or title "certified mold assessor," "registered mold assessor," "licensed mold assessor," "mold assessor," "professional mold assessor," or any combination thereof unless the person has complied with the provisions of this part. (d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor's company provided a mold assessment within the last 12 months. (e) Inspect for a fee any property in which the assessor or the assessor's company has any financial or transfer interest. (f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator's company for the referral of any business to the mold remediator or the mold remediator's company. (g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator's company for the referral of any business from the mold remediator or the mold remediator's company. (h) Accept an engagement to make an omission of the assessment or conduct an assessment in which the assessment itself, or the fee payable for the assessment, is contingent upon the conclusions of the assessment. (2) A mold remediator, a company that employs a mold remediator, or a company that is controlled by a company that also has a financial interest in a company employing a mold remediator may not: (a) Perform or offer to perform any mold remediation unless the remediator has documented training in water, mold, and respiratory protection under s. 468.8414(2). (b) Perform or offer to perform any mold remediation unless the person has complied with the provisions of this part. (c) Use the name or title "certified mold remediator," "registered mold remediator," "licensed mold remediator," "mold remediator," "professional mold remediator," or any combination thereof unless the person has complied with the provisions of this part. (d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator's company provided a mold remediation within the last 12 months. (e) Remediate for a fee any property in which the mold remediator or the mold remediator's company has any financial or transfer interest. (f) Accept any compensation, inducement, or reward from a mold assessor or mold assessor's company for the referral of any business from the mold assessor or the mold assessor's company. (g) Offer any compensation, inducement, or reward to a mold assessor or mold assessor's company for the referral of any business from the mold assessor or the mold assessor's company. (3) Any person who violates any provision of this section commits: (a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083. (b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083. (c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.--s. 3, ch. 2007-235; s. 124, ch. 2008-4. 1Note.--Effective July 1, 2010. |
| |||
| 1468.842 Disciplinary proceedings.-- (1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (a) Violation of any provision of this part or s. 455.227(1); (b) Attempting to procure a license to practice mold assessment or mold remediation by bribery or fraudulent misrepresentations; (c) Having a license to practice mold assessment or mold remediation revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country; (d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice of mold assessment or mold remediation or the ability to practice mold assessment or mold remediation; (e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a registered mold assessor or mold remediator; (f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content; (g) Engaging in fraud or deceit, or negligence, incompetency, or misconduct, in the practice of mold assessment or mold remediation; (h) Failing to perform any statutory or legal obligation placed upon a licensed mold assessor or mold remediator; violating any provision of this chapter, a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department; or (i) Practicing on a revoked, suspended, inactive, or delinquent license. (2) When the department finds any mold assessor or mold remediator guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties: (a) Denial of an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense. (d) Issuance of a reprimand. (e) Placement of the mold assessor or mold remediator on probation for a period of time and subject to such conditions as the department may specify. (f) Restriction of the authorized scope of practice by the mold assessor or mold remediator. (3) In addition to any other sanction imposed under this part, in any final order that imposes sanctions, the department may assess costs related to the investigation and prosecution of the case. History.--s. 3, ch. 2007-235; s. 125, ch. 2008-4. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8421 Insurance.-- (1) A mold assessor shall maintain general liability and errors and omissions insurance coverage in an amount of not less than $1,000,000. (2) A mold remediator shall maintain a general liability insurance policy in an amount of not less than $1,000,000 that includes specific coverage for mold-related claims. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8422 Contracts.--A contract to perform mold assessment or mold remediation shall be in a document or electronic record, signed or otherwise authenticated by the parties. A mold assessment contract is not required to provide estimates related to the cost of repair of an assessed property. A mold assessment contract is not required to provide estimates. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
| |||
| 1468.8423 Grandfather clause.--A person who performs mold assessment or mold remediation as defined in this part may qualify to be licensed by the department as a mold assessor or mold remediator if the person meets the licensure requirements of this part by July 1, 2010. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010. |
|
HEALTH SERVICES | |
|
DEPARTMENT OF STATE
HEALTH SERVICES | |
|
OCCUPATIONAL HEALTH | |
|
TEXAS MOLD ASSESSMENT
AND REMEDIATION RULES | |
|
RULE §295.321 |
Minimum Work Practices
and Procedures for Mold Assessment |
|
|
|
(a) Scope. These general work practices are minimum
requirements and do not constitute complete or sufficient specifications for mold assessment. More detailed requirements developed
by an assessment consultant for a particular mold remediation project shall take precedence over the provisions of this section.
(b) Purpose. The purpose of a mold assessment is to
determine the sources, locations and extent of mold growth in a building, to determine the condition(s) that caused the mold
growth, and to enable the assessment consultant to prepare a mold remediation protocol. (c) Personal protective equipment for assessors. If
an assessment consultant or company determines that personal protective equipment (PPE) should be used during a mold assessment
project, the assessment consultant or company shall ensure that all employees who engage in assessment activities and who
will be, or are anticipated to be, exposed to mold are provided with, fit tested for, and trained on the appropriate use and
care of the specified PPE. The assessment consultant or company must document successful completion of the training before
the employees perform regulated activities. (d) Sampling and data collection. If samples for laboratory
analysis are collected during the assessment: (1) sampling must be performed according
to nationally accepted methods; (2) preservation methods shall be implemented
for all samples where necessary; (3) proper sample documentation, including
the sampling method, the sample identification code, each location and material sampled, the date collected, the name of the
person who collected the samples, and the project name or number must be recorded for each sample; (4) proper chain of custody procedures
must be used; and (5) samples must be analyzed by a laboratory
licensed under §295.317 of this title (relating to Mold Analysis Laboratory: Licensing Requirements). (e) Mold remediation protocol. An assessment consultant
shall prepare a mold remediation protocol that is specific to each remediation project and provide the protocol to the client
before the remediation begins. The mold remediation protocol must specify: (1) the rooms or areas where the work will
be performed; (2) the estimated quantities of materials
to be cleaned or removed; (3) the methods to be used for each type
of remediation in each type of area; (4) the PPE to be used by remediators.
A minimum of an N-95 respirator is recommended during mold-related activities when mold growth could or would be disturbed.
Using professional judgment, a consultant may specify additional or more protective PPE if he or she determines that it is
warranted; (5) the proposed types of containment,
as that term is defined in §295.302(9) of this subchapter (relating to Definitions) and as described in subsection (g) of
this section, to be used during the project in each type of area; and (6) the proposed clearance procedures and
criteria, as described in subsection (i) of this section, for each type of remediation in each type of area. (f) Building occupants. A mold assessment consultant
shall consider whether to recommend to a client that, before remediation begins, the client should inform building occupants
of mold-related activities that will disturb or will have the potential to disturb areas of mold contamination. (g) Containment requirements. Containment must be specified
in a mold remediation protocol when the mold contamination affects a total surface area of 25 contiguous square feet or more
for the project. Containment is not required if only persons who are licensed or registered under this subchapter occupy the
building in which the remediation takes place at any time between the start-date and stop-date for the project as specified
on the notification required under §295.325 of this title (relating to Notifications). The containment specified in the remediation
protocol must prevent the spread of mold to areas of the building outside the containment under normal conditions of use.
If walk-in containment is used, supply and return air vents must be blocked, and air pressure within the walk-in containment
must be lower than the pressure in building areas adjacent to the containment. (h) Disinfectants, biocides and antimicrobial coatings.
An assessment consultant who indicates in a remediation protocol 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 (EPA) for the intended use and if the use is consistent with the manufacturer's labeling instructions.
A decision by an assessment consultant to use such products 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 such products.
(i) Clearance procedures and criteria. In the remediation
protocol for the project, the assessment consultant shall specify: (1) at least one nationally recognized
analytical method for use within each remediated area in order to determine whether the mold contamination identified for
the project has been remediated as outlined in the remediation protocol; (2) the criteria to be used for evaluating
analytical results to determine whether the remediation project passes clearance; (3) that post-remediation assessment shall
be conducted while walk-in containment is in place, if walk-in containment is specified for the project; and (4) the procedures to be used in determining
whether the underlying cause of the mold identified for the project has been remediated so that it is reasonably certain that
the mold will not return from that same cause. |
|
|
|
Source Note: The provisions of this §295.321
adopted to be effective May 16, 2004, 29 TexReg 4498; amended to be effective May 20, 2007, 32 TexReg 2642 |
|
Texas Administrative Code |
|
HEALTH SERVICES | |
|
DEPARTMENT OF STATE
HEALTH SERVICES | |
|
OCCUPATIONAL HEALTH | |
|
TEXAS MOLD ASSESSMENT
AND REMEDIATION RULES | |
|
RULE §295.323 |
Mold Remediation of
Heating, Ventilation and Air Conditioning (HVAC) Systems |
|
|
|
(a) All provisions of §295.321 of this title (relating
to Minimum Work Practices and Procedures for Mold Assessment) shall apply to the assessment of mold in HVAC systems. (b) All provisions of §295.322 of this title (relating
to Minimum Work Practices and Procedures for Mold Remediation) shall apply to the remediation of mold in HVAC systems. (c) Disinfectants, biocides and antimicrobial coatings.
A licensee or registered worker under this subchapter may apply a disinfectant, biocide or antimicrobial coating in an HVAC
system only if its use is specified in a mold remediation protocol, if it is registered by the EPA for the intended use and
if the use is consistent with the manufacturer's labeling instructions. The licensee or registered worker shall apply the
product only after the building owner or manager has been provided a material safety data sheet for the product, has agreed
to the application, and has notified building occupants in potentially affected areas prior to the application. The licensee
or registered worker shall follow all manufacturer's label directions when using the product. (d) Other license requirements. Persons who perform
air conditioning and refrigeration contracting (including the repair, maintenance, service, or modification of equipment or
a product in an environmental air conditioning system, a commercial refrigeration system, or a process cooling or heating
system) must be licensed by the Texas Department of Licensing and Registration, as provided under the Texas Occupations Code,
Chapter 1302 (relating to Air Conditioning and Refrigeration Contractors). A person who performs biomedical remediation as
defined under 16 TAC, §75.10(5) (relating to Definitions) must be licensed by the Texas Department of Licensing and Regulation
in accordance with 16 TAC, Chapter 75 (relating to Air Conditioning and Refrigeration Contractor License Law) unless exempt
under 16 TAC, §75.30 (relating to Exemptions) or 16 TAC, §75.100 (relating to Technical Requirements). |
|
|
|
Source Note: The provisions of this §295.323
adopted to be effective May 16, 2004, 29 TexReg 4498; amended to be effective May 20, 2007, 32 TexReg 2642 |
|
Texas Administrative Code |
|
HEALTH SERVICES | |
|
DEPARTMENT OF STATE
HEALTH SERVICES | |
|
OCCUPATIONAL HEALTH | |
|
TEXAS MOLD ASSESSMENT
AND REMEDIATION RULES | |
|
RULE §295.324 |
Post-Remediation Assessment
and Clearance |
|
|
|
(a) Clearance criteria. For a remediation project to
achieve clearance, a licensed mold assessment consultant shall conduct a post-remediation assessment using visual, procedural,
and analytical methods. If walk-in containment is used during remediation, the post-remediation assessment shall be conducted
while the walk-in containment is in place. The post-remediation assessment shall determine whether: (1) the work area is free from all visible
mold and wood rot; and (2) all work has been completed in compliance
with the remediation protocol and remediation work plan and meets clearance criteria specified in the protocol. (b) Underlying cause of mold. Post-remediation assessment
shall, to the extent feasible, determine that the underlying cause of the mold has been remediated so that it is reasonably
certain that the mold will not return from that remediated cause. (c) Analytical methods. (1) The assessment consultant shall perform
a visual, procedural, and analytical evaluation in each remediated area in order to determine whether the mold contamination
identified for the project has been remediated as outlined in the remediation protocol. (2) The consultant shall use only the analytical
methods and the criteria for evaluating analytical results that were specified in the remediation protocol, unless circumstances
beyond the control of the consultant and the remediation contractor or company necessitate alternative analytical methods
or criteria. The consultant shall provide to the client written documentation of the need for any deviation from the remediation
protocol and the alternative analytical methods and criteria selected, and shall obtain approval from the client for their
use, before proceeding with the post-remediation assessment. (3) Where visual inspection reveals deficiencies
sufficient to fail clearance, analytical methods need not be used. (d) Passed clearance report. An assessment consultant
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. The report must include the following: (1) a description of relevant worksite
observations; (2) the type and location of all measurements
made and samples collected at the worksite; (3) all data obtained at the worksite,
including temperature, humidity, and material moisture readings; (4) the results of analytical evaluation
of the samples collected at the worksite; (5) copies of all photographs the consultant
took; and (6) a clear statement that the project
has passed clearance. (e) Final status report. If the mold assessment consultant
determines that remediation has not been successful and ceases to be involved with the project before the project passes clearance,
the consultant shall issue a written final status report to the client and to the remediation contractor or company performing
the project. The status report must include the items listed in subsections (d)(1) - (5) of this section and any conclusions
that the consultant has drawn. |
|
|
|
Source Note: The provisions of this §295.324
adopted to be effective May 16, 2004, 29 TexReg 4498; amended to be effective May 20, 2007, 32 TexReg 2642 |
Enter content here