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Overview of New York State Mold Licensing Bill

New York State will begin requiring a license for mold inspections/testing and mold remediation in January 2016. New York Governor Andrew Cuomo signed legislation that will require the licensing of those professionals involved with both the assessment and remediation of mold.

Professional Building Inspectors will soon be offering classes for mold assessors, mold remediators, and mold worker. Check our website for class dates.

The law will be administered by the New York Department of Labor. Under the law, the following will be required:

  1. A copy of a valid mold assessment or mold remediation license must be conspicuously displayed at the work site on a mold project.
  2. All professionals involved in the assessment/testing, as well as mold remediation contractors, will be required to be licensed by the NY Department of Labor.
  3. No licensee can perform both mold assessment and mold remediation on the same property.
  4. No person can own an interest in both the company who performs the mold assessment and company who performs the mold remediation on the same property.
  5. All professionals must have satisfactorily completed NY DOL approved course work which includes training on appropriate use and care of PPE.
  6. Pay the appropriate license fee.
  7. Mold remediators must provide insurance certificates showing workers’ compensation coverage and liability insurance of at least $50,000.
  8. Mold remediators must also provide to the DOL a financial statement, prepared by an independent auditor or accountant, signed by both parties before notary public, stating the assets of the applicant to be used by the DOL to determine the financial responsbility of the applicant to perform mold remediation services.
  9. Exemptions to the licensing requirements include homeowners performing work within their own residences, a non-residential property owner, or the employee of such owner who performs mold assessment/remediation on an apartment building owner by that person that has no more than four dwelling units; or an owner/managing agent or full time employee of an owner that performs mold assessment/remediation on commercial property owned by that owner, provided that the managing agent or employee does not engage in providing these services to the public.

Work Practices Required

For Mold Assessors

A mold assessment licensee who performs a mold assessment for a mold remediation project must prepare a work analysis for the project and provide that to the client prior to the commencement of work.

Mold assessors are required to prepare a mold remediation plan that is specific to each project. The plan must be provided to the client prior to the commencement of work and include the following:

  • The rooms/areas where work will be performed
  • Estimated quantities of materials to be cleaned or removed
  • Methods to be used for each type of remediation within each area
  • PPE required to be supplied to workers
  • proposed clearance procedures and criteria
  • If remediation is occurring within an occupied building, then a notification plan must be outlined to notify building occupants and posting requirements that are appropriate to the project size, duration and points of entry/exit to the work area
  • Estimate of cost and completion
  • When possible, the underlying causes of moisture and recommendations for the type of contractor to be used to remedy those water sources
  • Containment must be specified as to prevent the spread of contaminants under normal usage
  • Projects involving the use of a disinfectant, biocide, etc. must indicate a specific product or brand, and must be a registered EPA product for its intended use.

For Mold Remediators

Remediation contractors will be required to prepare a remediation work plan that is specific to each project which complies with the mold assessment scope of work, and provides standard operating procedures for how the project will be carried out. This must be provided to the client before site preparation work begins.

Remediation contractors will be required to provide the necessary PPE to all employees engaged in mold remediation work. Signage advising that a mold remediation project is in progress will be required at all accessible entrances to the remediation. No person is permitted to remove or dismantle any containment prior to the project achieving acceptable clearance.

Disinfectants, biocides, etc may only be used as specified in the remediation plan, if they are registered by the EPA for their intended purposes. If no product is specifically outlined (brand or product) in the remediation plan, the remediator can select a product to be used.

Post Remediation

For a project to achieve clearance, a post remediation assessment MUST be performed. The assessment must assure that the area is free of visible mold growth and meets the specified clearance criteria. A written passed clearance report is required to be issued to the client.

The Department of Health has the authority, under the new law, to inspect ongoing or completed projects.

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