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RETRIEVE http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:02:57 PM] STATE OF NEW YORK ________________________________________________________________________ 4759 2015-2016 Regular Sessions IN ASSEMBLY February 5, 2015 ___________ Introduced by M. of A. KAMINSKY -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to requiring the licensure of mold assessment and remediation specialists and setting minimum work standards for mold assessment and remediation specialists; to amend chapter 551 of the laws of 2014 amending the labor law relating to requiring the licensure of mold assessment and remediation specialists and setting minimum work standards for mold assessment and remediation specialists, in relation to the effectiveness thereof; and to repeal section 97-pppp of the state finance law relating to the mold assess- ment and remediation account The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 32 of the labor law, as added by chapter 551 of the 2 laws of 2014, is amended to read as follows: 3 ARTICLE 32 4 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION 5 SPECIALISTS AND MINIMUM WORK STANDARDS 6 Title 1. Licensing of mold inspection, assessment and remediation 7 specialists and minimum work standards (Secs. 930-940.) 8 2. Minimum work standards for the conduct of mold assessments 9 and remediation by licensed persons (Secs. 945-948.) 10 TITLE 1 11 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION 12 SPECIALISTS AND MINIMUM WORK STANDARDS 13 Section 930. Definitions. 14 931. Licensing requirements. 15 932. License; procedure. 16 933. Exemptions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08891-01-5 A. 4759 2 1 934. License issuance and renewal. 2 935. Practice by license holder. 3 936. Licensee duties; prohibited activities. 4 937. Civil penalties and revocation. 5 938. Denial of license; complaints; notice of hearing. 6 939. Judicial review. 7 940. Rulemaking authority. 8 ยง 930. Definitions. As used in this article: 1. "Department" means the 9 department of labor. 10 2. "Mold" means any indoor [mold] multi-cellular fungi growth capable 11 of creating toxins that can cause pulmonary, respiratory, neurological 12 or other major illnesses after minimal exposure, as such exposure is 13 defined by the environmental protection agency, centers for disease 14 control and prevention, national institute of health, or other federal, 15 state, or local agency organized to study and/or protect human health. 16 3. "Mold remediation" means conducting the business of removal, clean- 17 ing, sanitizing, or surface disinfection of mold, mold containment, and 18 waste handling of mold and materials used to remove mold from surfaces 19 by a business enterprise, including but not limited to, sole proprietor- 20 ships. Mold remediation for the purposes of this article shall not 21 include remediation of the underlying sources of moisture that may be 22 the cause of mold that requires expertise not specific to acts author- 23 ized under this article. 24 4. "Mold assessment" means an inspection or assessment of real proper- 25 ty that is designed to discover [indoor] mold [growth, toxic mold

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