New York State passes state-wide mold evaluation and remediation law

June 23, 2015 - Green Buildings

Lee Wasserman, Lew Corp.

On January 29th, governor Cuomo, signed into law, Bill s3667D-2013. According to the bill, this mold law should become effective 180 days after signing, which should be on July 28th, (less than two months away)! The law will go into effect and the rules will be circulated shortly after. This law will amend NYS' labor law by introducing Article 32, requiring the licensure of mold assessment and remediation specialists and setting minimum work standards for mold assessment and remediation practitioners. The purposes of the law, known as Article 32 of the Labor Law, is to ensure the safety of the general public by ensuring that only licensed professionals are performing mold assessment, abatement, and remediation.
Because of the extensive moisture and flooding event of Hurricane Sandy and the unfortunate experiences of many in need of repair and reconstruction, NYS has responsibly acknowledged the need for a mold law. The licensing requirements state that no person shall be licensed to conduct mold related services unless they are eighteen years of age or older, have satisfactorily completed a department of labor-approved course, and have paid the appropriate fees. It is a violation of N.Y.'s mold licensing requirements for a contractor to engage in mold assessment or mold remediation without a license issued by NYS department of labor. However, there are a few exceptions of persons who shall not be required to obtain a license in order to perform mold assessments and remediation, such as residential property owners who perform mold inspection, assessment, or remediation on his or her own property. (DIY certified lab, legally defensible, professional quality mold sampling kits are available at www.certifiedkit.com), or a non-residential property owner, or the employee of such owner, who performs mold assessment or remediation on an apartment building owned by that person, who has not owned more than four dwelling units, and an owner or a managing agent or full-time employee of an owner, who performs mold assessment or remediation on commercial property owned by the owner provided, however they do not offer such services for the general public (commercial buildings only). All others per the bill that was passed should be licensed to assess or remediate mold in NYS as of July 28th!
So, if you are a contractor, facilities manager, larger property owner, environmental consultant, or a home owner and are not familiar with NYS' new mold law, now is the time to become familiar! If you don't want to be a violator of Article 32 of the labor/mold law visit www.LEWCorp.com for additional info or available training certification courses.
Lee Wasserman is the president of LEW Corp., Mountainside, N.J.
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