Milrose Consultants asked Michael Kosakowski, Senior Industrial Hygienist, and John Leitner, Principal of Environmental Building Solutions http://www.ebsllcnyc.com/ , to explain New York State’s first Mold Law, now effective.
On January 1, 2016, New York State’s first Mold Law went into effect.
Signed by Governor Andrew Cuomo on January 29, 2015, Bill S3667D-2013 amends New York State labor law by introducing Article 32. The legislation requires the licensure of mold assessment and remediation specialists. In addition, the new law sets minimum work standards for mold assessment and remediation practitioners.
{insert photo 2} Following the extensive flooding and subsequent remediation challenges of Hurricane Sandy, New York State recognized the need for legislation to protect the public from the hazards associated with mold in an indoor environment.
Licensing requirements
Under the new law, no contractor may engage in mold assessment or mold remediation without a license issued by the New York State Department of Labor. While a few exceptions exist, they primarily apply to owners whose employees perform the work.
The licensing requirements mandate the following:
- Minimum age of 18 years
- Satisfactory completion of Department of Labor-approved course
- Payment of relevant fees
The same licensed professional may not perform both mold assessment and mold remediation.
Remediation plan
The law also requires mold assessment licensees to prepare a mold remediation plan specific to each project, and provide the plan to the client before starting remediation.
At a minimum, the remediation plan must include the following information:
- The room(s) or area(s) where the work will be performed
- Estimated quantities of materials to be cleaned or removed
- Recommended methods for each remediation type in each area
- Personal protection equipment (PPE) to be used
- Proposed clearance procedures and criteria for each remediation type in each area
The plan must also provide recommendations for notice and posting requirements as appropriate for the project size, duration and points of entry. In addition, the plan should estimate total costs and time for completion.
Finally, where possible, the remediation plan should identify underlying sources of moisture that may be causing the mold, as well as recommendations for remedying these sources.
Clearance confirmation
After project completion, the licensed mold assessment contractor must perform a post-remediation assessment (i.e., mold clearance). This assessment will determine whether:
- The work area(s) is/are free from visible mold
- All work has been completed in compliance with the remediation plan
- Clearance criteria have been met, as specified by the plan
Containment may not be removed until the mold remediation licensee overseeing the project has received a notice from the mold assessment licensee confirming mold clearance, as determined by the post-remediation assessment.
In the event of violations, the new law authorizes New York State to impose civil penalties and revoke a contractor’s license after a notice and hearing. The state may also suspend or revoke any license, or censure, fine or impose probationary or other restrictions on any licensee for good cause.
If you have questions on these new requirements or would like more information, please contact our New York City office at 212-643-4545, email infony@milrose.com.
Environmental Building Solutions provides scientific and engineering services to address the environmental challenges associated with property management and ownership.
