STATE OF NEW YORK
Cal. No. 1110
2013-2014 Regular Sessions
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.
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-
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-
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
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;
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
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.