New York State Mold Law
New York State has officially passed a state wide MOLD evaluation and remediation Law!
Are you READY?
On January 29th 2015, Governor Cuomo, signed into law, Bill s3667D-2013. According to the Bill, this Mold Law should become effective 180 days after signing, which should be on July 28, 2015, (Less than THREE (3) months away)!! The law will go into effect and the rules will be promulgated shortly after. This law will amend New York State’s labor law by introducing Article 32, requiring the licensure of mold assessment and remediation specialists and setting minimum work standards for mold assessment and remediation practitioners. The Purposes of the Law, known as Article 32 of the Labor Law, is to ensure the safety of the general public by ensuring that only licensed professionals are performing mold assessment, abatement, and remediation.
Because of the extensive moisture and flooding event of Hurricane Sandy and the unfortunate experiences of many in need of repair and reconstruction, New York State has responsibly acknowledged the need for a Mold law by stating in the Bill’s preamble, “Several months after Hurricane Sandy ravaged parts of New York with massive flooding, there is an increasing public health risk associated with mold growth in residential and commercial buildings. Mold exposure causes respiratory health problems and people, (especially children), with asthma are particularly vulnerable to illnesses from mold exposure. Mold can also sometimes cause even more serious health problems. Many people do not fully understand mold problems, the causes of mold in buildings, and the proper assessment and/or remediation when a mold problem exists. As a result, it is in the interest of the public safety and welfare to prevent future damage to real and personal property, minimize the public health risks posed by mold in public and private buildings, and avert economic injury to NYS residents by regulating persons and companies that hold themselves out to the public as qualified to perform mold-related services. This bill will ensure that the public is protected from unscrupulous contractors offering mold assessment and/or remediation, and that licensed persons and/or businesses engaged in mold assessment and/or remediation will be properly trained.”
New York’s Mold licensing requirements state that no person shall be licensed to conduct mold related services unless they, (a) Are eighteen years of age or older, (b) Have satisfactorily completed a Department of Labor-approved course, and (c) Have paid the appropriate fees. It is a violation of New York’s Mold licensing requirements for a contractor to engage in mold assessment or mold remediation without a license issued by NY State Department of Labor. However, there are a few exceptions of persons who shall not be required to obtain a license in order to perform mold assessments and remediation and they are, (1) A residential property owner who performs mold inspection, assessment or remediation on his or her own property. (Do it yourself certified lab, legally defensible Professional Quality Mold Sampling Kits are available at www.certifiedkit.com), (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 own more than four dwelling units (i.e. small residential landlords < 4 units/bldg.), 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 they do not offer such services for the general public (Commercial buildings ONLY). ALL others per the bill that was passed should be licensed to Assess or Remediate Mold in New York State as of July 28th 2015!!
The law also prohibits any person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor!
The Law will require a mold assessment licensee to prepare a mold remediation plan that is specific to each remediation project and to provide the plan to the client before the remediation begins. The plan must include, at a minimum, the rooms or areas where the work will be performed, the estimated quantities of materials to be cleaned or removed, the methods to be used for each type of remediation in each type of area, the personal protection equipment (PPE) to be used, and the proposed clearance procedures and criteria for each type of remediation in each type of area. The plan must also provide recommendations for notice and posting requirements that are appropriate for the project size, duration, and points of entry and an estimate of cost and time frame for completion, and when possible, the underlying sources of moisture that may be causing the mold and a recommendation to remedy the source of such moisture.
The law will require that a post remediation assessment (i.e. Mold Clearance) shall determine whether the work area is free from all visible mold and all work has been completed in compliance with the remediation plan and meets clearance criteria specified in the plan.
So if you are a contractor, facilities manager, larger property owner, environmental consultant, or a home owner and are not familiar with New York’s new mold law, NOW is the time to become familiar!!! If you don’t want to be a violator of Article 32 of the Labor Law – Mold Law Email, Call or Visit www.LEWCorp.com for additional information or available training certification courses. QUESTIONS ARE ALWAYS FREE!
About the Author
Lee E. Wasserman is president of LEW Corporation, (800-783-05678, www.LEWCorp.com), and a national Lead-Based Paint and Microbial fungi environmental subject expert. With more than 24 years of experience, Lee is an extremely sought out national expert and by many in the property management and litigation defense industry considered the “Best”. Authored; IREM – Mold – What Every Professional Real Estate Professional needs to know, 2004, HUD Guidelines for the Evaluation and Control of Lead-Based Paint and Lead Hazards, Acknowledge expert Reviewer, National Center for Healthy Housing (NCHH), and Blue Print for change recognized subject expert.
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