NYS Mold Evaluation & Remediation Law (Update to May 2015 article, “New York State’s New Mold Law: Are You Ready?) - by Lee Wasserman

September 22, 2015 - Green Buildings
Lee Wasserman, Lew Corporation Lee Wasserman, Lew Corporation

New York’s new law defines and regulates, “Mold.” “Mold means any indoor, multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure. This exposure is defined by the EPA, Center for Disease Control and Prevention, National Institute of Health, or other federal state, or local agency organized to study and/or protect human health.” On Jan. 29th, governor Cuomo signed into law, Bill s3667D-2013, NYS’ first Mold Law. Late this spring, the governor’s office extended the effective date of the law to Jan. 1, 2016 to provide the NYS Dept. of Labor and other impacted programs and entities the time to properly establish the requirements of the law.

The NYS Mold law requires licensing of assessors, contractors, workers and a written mold remediation plan prepared by a licensed mold assessment contractor. Expected to be posted shortly, by the NYSDOL on their web site, is the application requirements for training providers, assessors, supervisors, and workers. The Mold law will have minimum certification, licensure, assessment, and work practice standards. Minimum work standards for the conduct of mold remediation by a licensed person will require preparation of a mold remediation work plan that is specific to each project. The mold remediator must fulfill all the requirements of the mold remediation plan developed by the mold assessment licensee as provided to the client and provides specific instructions and/or standard operating procedures for how a mold remediation project will be performed. The mold remediation licensee shall provide the mold remediation work plan to the client before site preparation work begins. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas during remediation efforts. The law also establishes a baseline for post-remediation assessment and clearance. For a remediated project to achieve clearance, a mold assessment licensee shall conduct a post-remediation assessment. A post-remediation assessment shall, to the extent feasible, determine that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated 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.

As new info arises, we will continually bring you updates and info on how best to be prepared and compliant when necessary. In our next update we hope to share the actual certifying process along with any grandfathering provisions that may apply.

Lee Wasserman is the president of LEW Corporation, Mountainside, N.J.

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