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RETRIEVE http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:02:57 PM] 45 account the potential for occupant sensitivities and possible adverse 46 reactions to chemicals that have the potential to be off-gassed from 47 surfaces coated with the product. 48 § 947. Post-remediation assessment and clearance. 1. For a remediated 49 project to achieve clearance, a mold assessment licensee shall conduct a 50 post-remediation assessment. The post-remediation assessment shall 51 determine whether: 52 (a) the work area is free from all visible mold; and 53 (b) all work has been completed in compliance with the remediation 54 plan and remediation work plan and meets clearance criteria specified in 55 the plan. A. 4759 8 1 2. Post-remediation assessment shall, to the extent feasible, deter- 2 mine that the underlying cause of the mold has been remediated so that 3 it is reasonably certain that the mold will not return from that remedi- 4 ated area. If it has been determined that the underlying cause of the 5 mold has not been remediated, the mold assessment licensee shall make a 6 recommendation to the client as to the type of contractor who could 7 remedy the source of the mold or the moisture causing the mold. 8 3. A mold assessment licensee who determines that remediation has been 9 successful shall issue a written passed clearance report to the client 10 at the conclusion of each mold remediation project. 11 4. If the mold assessment licensee determines that remediation has not 12 been successful, the licensee shall issue a written final status report 13 to the client and to the remediation licensee and recommend to the 14 client that either a new assessment be conducted, that the remediation 15 plan as originally developed be completed, or the underlying causes of 16 mold be addressed, as appropriate. 17 § 948. Investigations and complaints. The commissioner shall have the 18 authority to inspect ongoing or completed mold assessment and mold reme- 19 diation projects and to conduct an investigation upon his or her own 20 initiation or upon receipt of a complaint by any person or entity. 21 § 2. Section 97-pppp of the state finance law, as added by chapter 551 22 of the laws of 2014, is REPEALED. 23 § 3. The opening paragraph of subdivision 3 of section 30 of the labor 24 law, as added by chapter 162 of the laws of 1993, is amended to read as 25 follows: 26 Except for variations concerning provisions, rules, codes, orders or 27 any other matter affecting asbestos projects, mold projects or safety 28 and health standards for public employees, including but not limited to 29 projects covered by article thirty and section twenty-seven-a and subdi- 30 vision ten of section two hundred forty-one of this chapter; 31 § 4. Section 3 of chapter 551 of the laws of 2014 amending the labor 32 law relating to requiring the licensure of mold assessment and remedi- 33 ation specialists and setting minimum work standards for mold assessment 34 and remediation specialists, is amended to read as follows: 35 § 3. This act shall take effect on the one hundred eightieth day after 36 it shall have become a law, provided, however, that the licensing 37 requirements of section 931 of article 32 of the labor law, as added by 38 section one of this act, shall take effect on the first of January next 39 succeeding the date on which it shall have become a law. 40 § 5. This act shall take effect immediately; provided, that sections 41 one, two and three of this act shall take effect on the same date and in 42 the same manner as chapter 551 of the laws of 2014, takes effect.

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