S03667 Summary:

BILL NOS03667D
 
SAME ASSAME AS A05117-C
 
SPONSORSAVINO
 
COSPNSRCARLUCCI, GIPSON, KLEIN, SMITH, VALESKY
 
MLTSPNSR
 
Add Art 32 Title 1 SS930 - 940 & Title 2 SS945 - 948, Lab L; add S97-pppp, St Fin L
 
Requires the licensure of mold inspection, assessment and remediation specialists and sets minimum work standards for mold inspection, assessment and remediation specialists.
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S03667 Actions:

BILL NOS03667D
 
02/08/2013REFERRED TO CONSUMER PROTECTION
06/10/2013AMEND AND RECOMMIT TO CONSUMER PROTECTION
06/10/2013PRINT NUMBER 3667A
06/17/2013COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/17/2013ORDERED TO THIRD READING CAL.1380
06/17/2013PASSED SENATE
06/17/2013DELIVERED TO ASSEMBLY
06/17/2013referred to economic development
01/08/2014died in assembly
01/08/2014returned to senate
01/08/2014REFERRED TO CONSUMER PROTECTION
06/03/2014COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/03/2014ORDERED TO THIRD READING CAL.1110
06/09/2014AMENDED ON THIRD READING (T) 3667B
06/12/2014AMENDED ON THIRD READING (T) 3667C
06/16/2014AMENDED ON THIRD READING 3667D
06/19/2014PASSED SENATE
06/19/2014DELIVERED TO ASSEMBLY
06/19/2014referred to ways and means
06/19/2014substituted for a5117c
06/19/2014ordered to third reading rules cal.596
06/19/2014passed assembly
06/19/2014returned to senate
12/30/2014DELIVERED TO GOVERNOR
01/29/2015SIGNED CHAP.551
01/29/2015APPROVAL MEMO.36
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S03667 Text:



 
                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:
 
     1    Section 1. The labor law is amended by adding a new article 32 to read
     2  as follows:
     3                                  ARTICLE 32
     4          LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
     5                   SPECIALISTS AND MINIMUM WORK STANDARDS
 
     6    Title  1.  Licensing  of  mold  inspection, assessment and remediation
     7               specialists and minimum work standards (Secs. 930-940.)
     8          2. Minimum work standards for the conduct  of  mold  assessments
     9               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
 
     1                                   TITLE 1
     2          LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
     3                   SPECIALISTS AND MINIMUM WORK STANDARDS
     4  Section 930. Definitions.
     5          931. Licensing requirements.
     6          932. License; procedure.
     7          933. Exemptions.
     8          934. License issuance and renewal.
     9          935. Practice by license holder.
    10          936. Licensee duties; prohibited activities.
    11          937. Civil penalties and revocation.

    12          938. Denial of license; complaints; notice of hearing.
    13          939. Judicial review.
    14          940. Rulemaking authority.
    15    § 930. Definitions. As used in this article: 1. "Department" means the
    16  department of labor.
    17    2. "Mold" means indoor mold growth capable of creating toxins that can
    18  cause  pulmonary,  respiratory,  neurological  or  other major illnesses
    19  after minimal exposure, as such exposure is defined by the environmental
    20  protection agency, centers for disease control and prevention,  national
    21  institute  of health, or other federal, state, or local agency organized
    22  to study and/or protect human health.
    23    3. "Mold remediation" means conducting the business of removal, clean-

    24  ing, sanitizing, or surface disinfection of mold, mold containment,  and
    25  waste  handling  of mold and materials used to remove mold from surfaces
    26  by a business enterprise, including but not limited to, sole proprietor-
    27  ships. Mold remediation for the  purposes  of  this  article  shall  not
    28  include  remediation  of  the underlying sources of moisture that may be
    29  the cause of mold that requires expertise not specific to  acts  author-
    30  ized under this article.
    31    4. "Mold assessment" means an inspection or assessment of real proper-
    32  ty  that  is designed to discover indoor mold growth, toxic mold growth,
    33  conditions that facilitate indoor mold growth and/or indicia  of  condi-
    34  tions that are likely to facilitate indoor mold growth.

    35    5. "Mold abatement" means the act of removal, cleaning, sanitizing, or
    36  surface  disinfection  of  mold, mold containment, and waste handling of
    37  mold and materials used to remove mold from surfaces by an individual.
    38    6. "Commissioner" means the commissioner of the department of labor.
    39    § 931. Licensing  requirements.  1.  It  shall  be  unlawful  for  any
    40  contractor  to  engage in mold assessment, or to advertise or hold them-
    41  selves out as a mold assessment contractor unless such contractor has  a
    42  valid mold assessment license issued by the commissioner.
    43    2.  It  shall be unlawful for any contractor to engage in mold remedi-
    44  ation, or to advertise or hold themselves  out  as  a  mold  remediation

    45  contractor  unless  such contractor has a valid mold remediation license
    46  issued by the commissioner.
    47    3. It shall be unlawful for any individual to engage in mold abatement
    48  or to advertise or hold themselves out as a mold abatement worker unless
    49  such individual has a valid mold abater's license issued by the  commis-
    50  sioner.
    51    4.  A copy of a valid mold assessment or mold remediation license must
    52  be conspicuously displayed at the work site on a mold project.
    53    5. (a) Nothing in this article shall prohibit any design  professional
    54  licensed  pursuant  to  title eight of the education law from performing
    55  mold inspection, assessment, remediation and/or abatement tasks or func-

    56  tions if the person is acting within the scope of his or  her  practice,

        S. 3667--D                          3
 
     1  or  require the design professional to obtain a license under this arti-
     2  cle for such mold inspection, assessment  remediation  and/or  abatement
     3  tasks or functions.
     4    (b)  Nothing  in  this  article  shall  mean  that  any individual not
     5  licensed pursuant to title eight of the education law may perform  tasks
     6  or  functions  limited to the scope of practice of a design professional
     7  under such title.
     8    § 932. License; procedure. 1. The commissioner shall establish minimum
     9  qualifications for licensing.
    10    2. Applications for licenses and renewal licenses shall  be  submitted

    11  to  the department in writing on forms furnished by the commissioner and
    12  shall contain the information set forth in this section as well  as  any
    13  additional information that the commissioner may require.
    14    3.  An  applicant  for a license to perform mold assessment shall meet
    15  the following minimum requirements:
    16    (a) be eighteen years of age or older;
    17    (b) have satisfactorily completed  department  approved  course  work,
    18  including   training  on  the  appropriate  use  and  care  of  personal
    19  protection equipment as approved by the commissioner of  the  department
    20  of health; and
    21    (c)  paid  the appropriate fees as provided in subdivision six of this
    22  section; and

    23    4. An applicant for a license to perform mold remediation  shall  meet
    24  the following minimum requirements:
    25    (a) be eighteen years of age or older;
    26    (b)  have  satisfactorily  completed  department approved course work,
    27  including  training  on  the  appropriate  use  and  care  of   personal
    28  protection  equipment  as approved by the commissioner of the department
    29  of health;
    30    (c) paid the appropriate fees as provided in subdivision six  of  this
    31  section; and
    32    (d)  submitted insurance certificates evidencing workers' compensation
    33  coverage, if required, and liability insurance of at least  fifty  thou-
    34  sand  dollars.    An applicant for a license to perform mold remediation

    35  shall furnish the department with a financial statement, prepared by  an
    36  independent  auditor or accountant and signed by the applicant and audi-
    37  tor before a notary public, stating the assets of the applicant,  to  be
    38  used  by the department to determine the financial responsibility of the
    39  applicant to perform mold remediation services.
    40    5. An applicant for a license to perform mold abatement shall meet the
    41  following minimum requirements:
    42    (a) be eighteen years of age or older;
    43    (b) have satisfactorily completed  department  approved  course  work,
    44  including   training  on  the  appropriate  use  and  care  of  personal
    45  protection equipment as approved by the commissioner of  the  department
    46  of health; and

    47    (c)  paid  the appropriate fees as provided in subdivision six of this
    48  section; and
    49    6. The department shall charge and collect the  following  fees  which
    50  shall accompany each application:
    51    (a)  a fee for an initial application for a license, not to exceed one
    52  hundred dollars; and
    53    (b) a fee for renewal of a license, not to exceed one hundred dollars.
    54    § 933. Exemptions. The following persons  shall  not  be  required  to
    55  obtain  a  license  as  provided  in this title in order to perform mold
    56  assessment or remediation:

        S. 3667--D                          4
 
     1    1. a residential property owner who performs mold inspection,  assess-

     2  ment or remediation on his or her own property;
     3    2.  a  non-residential  property owner, or the employee of such owner,
     4  who performs mold assessment or remediation  on  an  apartment  building
     5  owned by that person that has not more than four dwelling units; and
     6    3.  an  owner  or a managing agent or a full-time employee of an owner
     7  who performs mold assessment or remediation on commercial property owned
     8  by the owner provided, however, that this subdivision shall not apply if
     9  the managing agent or employee engages in  the  business  of  performing
    10  mold assessment or remediation for the public.
    11    §  934.  License  issuance and renewal. 1. Licenses issued pursuant to
    12  the provisions of this title shall be valid for a period  of  two  years

    13  from  the  date  of  issuance  and may be renewed in accordance with the
    14  conditions set forth in this article and established by the  commission-
    15  er.
    16    2.  Within  thirty  days of the receipt of the application and fee for
    17  any license issued under this section,  the  commissioner  shall  either
    18  issue  the license or deny the license setting forth the reason for such
    19  denial in writing.
    20    3. Licenses shall be in a form prescribed by the department.
    21    4. The renewal of all licenses granted under the  provisions  of  this
    22  article  shall  be  conditioned  upon the submission of a certificate of
    23  completion of  a  department-approved  course  designed  to  ensure  the

    24  continuing  education  of  licensees on new and existing mold assessment
    25  and mold remediation standards.
    26    § 935. Practice by license holder. 1. A mold assessment license holder
    27  who intends to perform mold assessment on  a  mold  remediation  project
    28  shall  prepare  a  work  analysis  for  the project. The mold assessment
    29  license holder shall provide the analysis to the client before the  mold
    30  remediation begins and such plan must include the analysis as defined in
    31  section nine hundred forty-five of this article.
    32    2. A mold remediation license holder who intends to perform mold reme-
    33  diation shall prepare a work plan providing instructions for the remedi-
    34  ation efforts to be performed for the mold remediation project. The mold

    35  remediation  license  holder  shall  provide the work plan to the client
    36  before the mold remediation begins. The mold remediation license  holder
    37  shall maintain a copy of the work plan at the job site where the remedi-
    38  ation is being performed.
    39    §  936.  Licensee  duties; prohibited activities. 1. A mold assessment
    40  licensee who performs mold assessment services shall provide  a  written
    41  report  to  each  person for whom such licensee performs mold assessment
    42  services for compensation.
    43    2. No licensee shall perform both mold assessment and mold remediation
    44  on the same property.
    45    3. No person shall own an interest in both the entity  which  performs

    46  mold  assessment services and the entity which performs mold remediation
    47  services on the same property.
    48    § 937. Civil penalties and revocation. 1. The department may, after  a
    49  notice  and hearing, suspend or revoke any license, or censure, fine, or
    50  impose probationary or other restrictions on any licensee for good cause
    51  shown which shall include, but not be limited to the following:
    52    (a) conviction of a felony relating  to  the  performance  of  a  mold
    53  assessment or mold remediation;
    54    (b)  deceit  or  misrepresentation  in  obtaining a license authorized
    55  under this article;

        S. 3667--D                          5
 
     1    (c) providing false  testimony  or  documents  to  the  department  in

     2  relation  to  a  license authorized by this article or any other license
     3  issued by the department;
     4    (d)  deceiving  or  defrauding  the  public  in  relation  to services
     5  provided for a fee that require a license; or
     6    (e) incompetence or gross negligence in relation to mold assessment or
     7  mold remediation.
     8    2. Violators of any of the provisions of this article may be fined  by
     9  the  department  in an amount not to exceed two thousand dollars for the
    10  initial violation and up to ten thousand  dollars  for  each  subsequent
    11  violation.
    12    §  938.  Denial  of  license;  complaints;  notice  of hearing. 1. The
    13  department shall, before making a determination to deny  an  application

    14  for  a  license, notify the applicant in writing of the reasons for such
    15  proposed denial and afford the applicant an opportunity to be  heard  in
    16  person or by counsel prior to denial of the application.  Such notifica-
    17  tion  shall be served in any manner authorized by the civil practice law
    18  and rules for service of summons. Such notice shall notify the applicant
    19  that a request for a hearing must  be  made  within  thirty  days  after
    20  receipt  of  such  notification. If a hearing is requested, such hearing
    21  shall be held at such time and place as the department shall prescribe.
    22    2. If the applicant fails to make a  written  request  for  a  hearing
    23  within  thirty days after receipt of such notification, then the notifi-

    24  cation of denial shall become the final determination of the department.
    25  The department shall have subpoena powers regulated by the  civil  prac-
    26  tice  law  and rules. If, after such hearing, the application is denied,
    27  written notice of such denial shall be served upon the applicant in  any
    28  manner authorized by the civil practice law and rules for the service of
    29  a summons.
    30    3.  The department shall, before revoking or suspending any license or
    31  imposing any fine as authorized by this  article  or  reprimand  on  the
    32  holder  thereof,  or before issuing any order directing the cessation of
    33  unlicensed activities, and at least ten days prior to the date  set  for
    34  the hearing, notify in writing the holder of such license, or the person

    35  alleged  to  have  engaged in unlicensed activities, of any charges made
    36  and shall afford such person an opportunity to be heard in person or  by
    37  counsel in reference thereto.
    38    4. Written notice must be served to the licensee or person charged.
    39    5.  The hearing on such charges shall be at such time and place as the
    40  department shall prescribe.
    41    § 939. Judicial review. The action of the commissioner in  suspending,
    42  revoking  or  refusing  to issue or renew a license, or issuing an order
    43  directing the cessation of unlicensed activity or  imposing  a  fine  or
    44  reprimand  may be appealed by a proceeding brought under and pursuant to
    45  article seventy-eight of the civil practice law and rules.

    46    § 940. Rulemaking authority. The  department  shall  adopt  rules  and
    47  regulations  to oversee the practice of mold assessment, remediation and
    48  abatement and to ensure the health, safety and welfare of the public.
    49                                    TITLE 2
    50                  MINIMUM WORK STANDARDS FOR THE CONDUCT OF
    51            MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
    52  Section 945. Minimum work standards for the conduct of mold  assessments
    53                 by licensed persons.
    54          946. Minimum  work standards for the conduct of mold remediation
    55                 by licensed persons.
    56          947. Post-remediation assessment and clearance.

        S. 3667--D                          6
 

     1          948. Investigations and complaints.
     2    §  945.  Minimum work standards for the conduct of mold assessments by
     3  licensed persons. 1. A mold assessment licensee  shall  prepare  a  mold
     4  remediation  plan  that  is  specific  to  each  remediation project and
     5  provide the plan to the client before the remediation begins.  The  mold
     6  remediation plan must specify:
     7    (a) the rooms or areas where the work will be performed;
     8    (b) the estimated quantities of materials to be cleaned or removed;
     9    (c)  the  methods to be used for each type of remediation in each type
    10  of area;
    11    (d) the personal protection equipment (PPE) to be supplied by licensed
    12  remediators for use by licensed abaters;

    13    (e) the proposed clearance procedures and criteria for  each  type  of
    14  remediation in each type of area;
    15    (f)  when the project is a building that is currently occupied, how to
    16  properly notify such occupants of such projects  taking  into  consider-
    17  ation proper health concerns; the plan must also provide recommendations
    18  for notice and posting requirements that are appropriate for the project
    19  size, duration and points of entry;
    20    (g)  an  estimate  of cost and an estimated time frame for completion;
    21  and
    22    (h) when possible, the underlying sources  of  moisture  that  may  be
    23  causing  the  mold and a recommendation as to the type of contractor who
    24  would remedy the source of such moisture.

    25    2. The containment specified in the remediation plan must prevent  the
    26  spread  of  mold  to areas of the building outside the containment under
    27  normal conditions of use.
    28    3. A mold assessment licensee who indicates in a remediation plan that
    29  a disinfectant, biocide, or antimicrobial coating will be used on a mold
    30  remediation project shall indicate a specific product or brand  only  if
    31  it  is  registered  by the United States Environmental Protection Agency
    32  for the intended use and if the use is consistent with  the  manufactur-
    33  er's  labeling instructions. A decision by a mold assessment licensee to
    34  use such products must take into  account  the  potential  for  occupant
    35  sensitivities.

    36    §  946.  Minimum work standards for the conduct of mold remediation by
    37  licensed persons. 1. A mold remediation licensee shall  prepare  a  mold
    38  remediation work plan that is specific to each project, fulfills all the
    39  requirements  of the mold remediation plan developed by the mold assess-
    40  ment  licensee  as  provided  to  the  client  and   provides   specific
    41  instructions and/or standard operating procedures for how a mold remedi-
    42  ation  project  will  be  performed. The mold remediation licensee shall
    43  provide the mold remediation work plan to the client before site  prepa-
    44  ration work begins.
    45    2.  If  a  mold  assessment licensee specifies in the mold remediation
    46  plan that personal  protection  equipment  (PPE)  is  required  for  the

    47  project,  the  mold remediation licensee shall provide the specified PPE
    48  to all employees who engage in remediation activities and who  will,  or
    49  are  anticipated  to, disturb or remove mold contamination. The contain-
    50  ment, when constructed as described in the  remediation  work  plan  and
    51  under normal conditions of use, must prevent the spread of mold to areas
    52  outside the containment.
    53    3. Signs advising that a mold remediation project is in progress shall
    54  be displayed at all accessible entrances to remediation areas.
    55    4.  No  person shall remove or dismantle any containment structures or
    56  materials from a project site prior to receipt by the  mold  remediation

        S. 3667--D                          7
 

     1  licensee  overseeing  the  project  of  a  notice from a mold assessment
     2  licensee that the project has achieved clearance as described in section
     3  nine hundred forty-seven of this title.
     4    5. Disinfectants, biocides and antimicrobial coatings may be used only
     5  if their use is specified in a mold remediation plan, if they are regis-
     6  tered  by  the  United  States  Environmental  Protection Agency for the
     7  intended use and if the use is consistent with the manufacturer's label-
     8  ing instructions. If a plan specifies the use of such a product but does
     9  not specify the brand or type of product, a  mold  remediation  licensee
    10  may select the brand or type of product to be used. A decision by a mold

    11  assessment  or remediation licensee to use such a product must take into
    12  account the potential for occupant sensitivities  and  possible  adverse
    13  reactions  to  chemicals  that  have the potential to be off-gassed from
    14  surfaces coated with the product.
    15    § 947. Post-remediation assessment and clearance. 1. For a  remediated
    16  project to achieve clearance, a mold assessment licensee shall conduct a
    17  post-remediation  assessment.    The  post-remediation  assessment shall
    18  determine whether:
    19    (a) the work area is free from all visible mold; and
    20    (b) all work has been completed in  compliance  with  the  remediation
    21  plan and remediation work plan and meets clearance criteria specified in
    22  the plan.

    23    2.  Post-remediation  assessment shall, to the extent feasible, deter-
    24  mine that the underlying cause of the mold has been remediated  so  that
    25  it is reasonably certain that the mold will not return from that remedi-
    26  ated  area.  If  it has been determined that the underlying cause of the
    27  mold has not been remediated, the mold assessment licensee shall make  a
    28  recommendation  to  the  client  as  to the type of contractor who could
    29  remedy the source of the mold or the moisture causing the mold.
    30    3. A mold assessment licensee who determines that remediation has been
    31  successful shall issue a written passed clearance report to  the  client
    32  at the conclusion of each mold remediation project.

    33    4. If the mold assessment licensee determines that remediation has not
    34  been  successful, the licensee shall issue a written final status report
    35  to the client and to the  remediation  licensee  and  recommend  to  the
    36  client  that  either a new assessment be conducted, that the remediation
    37  plan as originally developed be completed, or the underlying  causes  of
    38  mold be addressed, as appropriate.
    39    §  948. Investigations and complaints. The commissioner shall have the
    40  authority to inspect ongoing or completed mold assessment and mold reme-
    41  diation projects and to conduct an investigation upon  his  or  her  own
    42  initiation or upon receipt of a complaint by any person or entity.
    43    §  2. The state finance law is amended by adding a new section 97-pppp

    44  to read as follows:
    45    § 97-pppp. Mold assessment and remediation account. 1. There is hereby
    46  established in the custody of the state comptroller the mold  assessment
    47  and remediation account.
    48    2.  Such  account  shall  consist  of moneys collected pursuant to the
    49  provisions of article thirty-two of the labor law.
    50    3. Moneys of the account shall be available  to  the  commissioner  of
    51  labor  for purposes of offsetting the costs incurred by the commissioner
    52  of labor for the administration of article thirty-two of the labor  law,
    53  including  the  administration  of  licenses,  course  work and training
    54  programs, and enforcement as set forth in such article thirty-two.

        S. 3667--D                          8
 

     1    4. The moneys shall be paid out  of  the  account  on  the  audit  and
     2  warrant  of  the  comptroller  on  vouchers certified or approved by the
     3  commissioner or his or her designee.
     4    5.  Notwithstanding  the  provisions of any general or special law, no
     5  moneys shall be available from the account until a certificate of  allo-
     6  cation  and  a  schedule  of amounts to be available therefor shall have
     7  been issued by the director of the budget, and a copy  of  such  certif-
     8  icate  filed  with the comptroller. Such certificate may be amended from
     9  time to time by the director of the budget  and  a  copy  of  each  such
    10  amendment shall be filed with the comptroller.
    11    § 3. This act shall take effect on the one hundred eightieth day after

    12  it shall have become a law.
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