Requires the licensure of mold inspection, assessment and remediation specialists and sets minimum work standards for mold inspection, assessment and remediation specialists.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young
Nays (1): Zeldin
Excused (3): Diaz, Espaillat, Hassell-Thomps
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure the safety of the general public by ensuring that only licensed professionals are performing mold assessment, abatement, and remediation.
SUMMARY OF SPECIFIC PROVISIONS: This would add a new Article 32 to the Labor Law establishing the licensing of mold inspection, assessment and remediation specialists and minimum work standards.
Section 1: Title 1 - Defines mold, mold remediation, mold assessment, and mold abatement. The bill differentiates mold remediation and mold assessment by defining mold remediation as conducting the business 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 a business enterprise, including but not limited to, sole proprietorships. Mold assessment is defined as an inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth, and/or indicia of conditions that are likely to facilitate indoor mold growth.
The 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 Department of Labor-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) have paid the appropriate fees. The licensing requirements prohibit any contractor to engage in mold assessment or mold remediation without a valid license issued by the Commissioner of Labor which must be present and on display at the worksite. The bill also prohibits a person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor.
The bill further authorizes the Department of Labor to impose civil penalties and revoke a contractor's license 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 Article 32;
(c) providing false testimony or documents to the Department of Labor in relation to a license authorized by Article 32or any other license issued by the Department of Labor;
(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.
Title 2 - Details the minimum work standards for the conduct of mold assessments and mold remediation by licensed persons. The bill requires 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 mold remediation plan must specify the following:
(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 remediates for used 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 the occupants of such projects, taking into consideration 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.
The bill provides that signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas and that 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 which shall be determined upon review of a post-remediation assessment. The bill states that a 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.
Section 2: Adds a section 97-pppp to the State Finance Law which creates the mold assessment and remediation account. The account would be under the custody of the NYS Comptroller and shall consist of moneys collected pursuant to the provisions of Article 32 of the Labor Law. The moneys of the account will be made available to the Commissioner of Labor for the purposes of offsetting the costs incurred by the Commissioner for the administration of Article 32 of the Labor Law, including the administration of licenses, coursework and training programs, and enforcement as set forth in Article 32.
The bill would prohibit moneys to be paid out without a certificate of allocation and a schedule of amounts to be made available upon issuance by the Director of the Budget, and a copy of such certificate to have been filed with the Comptroller.
Section 3: This act shall take effect on the one hundred eightieth day after it shall have become a law.
JUSTIFICATION: 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.
PRIOR LEGISLATIVE HISTORY: 2013 - P-Sen., 61-2; died in Assembly Economic Development Committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.
EFFECTIVE DATE: This act shall take effect 180 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 3667--D Cal. No. 1110 2013-2014 Regular Sessions IN SENATE 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 -- again amended and ordered reprinted, retaining its place in the order of third reading -- again 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: 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.)EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08634-10-4 S. 3667--D 2
TITLE 1 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION SPECIALISTS AND MINIMUM WORK STANDARDS SECTION 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. S 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 PROPRIETOR- SHIPS. 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. S 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 FUNC- TIONS IF THE PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE,S. 3667--D 3
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. S 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. S 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:S. 3667--D 4
1. A RESIDENTIAL PROPERTY OWNER WHO PERFORMS MOLD INSPECTION, ASSESS- MENT 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. S 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 COMMISSION- ER. 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. S 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 REME- DIATION 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. S 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. S 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;S. 3667--D 5
(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. S 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. S 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. S 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.S. 3667--D 6
948. INVESTIGATIONS AND COMPLAINTS. S 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. S 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 REMEDIATIONS. 3667--D 7
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. S 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. S 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. S 2. The state finance law is amended by adding a new section 97-pppp to read as follows: S 97-PPPP. 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.S. 3667--D 8
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. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.