Issue link: http://iaqnet.uberflip.com/i/635517
RETRIEVE http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:02:57 PM] 26 growth], conditions that facilitate [indoor] mold [growth and/or], indi- 27 cia of conditions that are likely to facilitate [indoor] mold [growth], 28 or any combination thereof. 29 5. "Mold abatement" means the act of removal, cleaning, sanitizing, or 30 surface disinfection of mold, mold containment, and waste handling of 31 mold and materials used to remove mold from surfaces by an individual. 32 6. "Project" means mold remediation, mold assessment, or mold abate- 33 ment, of areas greater than ten square feet, but does not include (a) 34 routine cleaning or (b) construction, maintenance, repair or demolition 35 of buildings, structures or fixtures undertaken for purposes other than 36 mold remediation or abatement. 37 7. "Commissioner" means the commissioner of the department of labor. 38 § 931. Licensing requirements. 1. It shall be unlawful for any 39 contractor to engage in mold assessment on a project, or to advertise or 40 hold themselves out as a mold assessment contractor unless such contrac- 41 tor has a valid mold assessment license issued by the commissioner. 42 2. It shall be unlawful for any contractor to engage in mold remedi- 43 ation on a project, or to advertise or hold themselves out as a mold 44 remediation contractor unless such contractor has a valid mold remedi- 45 ation license issued by the commissioner. 46 3. It shall be unlawful for any individual to engage in mold abatement 47 on a project or to advertise or hold themselves out as a mold abatement 48 worker unless such individual has a valid mold abater's license issued 49 by the commissioner. 50 4. A copy of a valid mold assessment or mold remediation license must 51 be conspicuously displayed at the work site on a mold project. 52 5. (a) Nothing in this article shall prohibit any design professional 53 licensed pursuant to title eight of the education law from performing 54 mold inspection, assessment, remediation and/or abatement tasks or func- 55 tions if the person is acting within the scope of his or her practice, 56 or require the design professional to obtain a license under this arti- A. 4759 3 1 cle for such mold inspection, assessment remediation and/or abatement 2 tasks or functions. 3 (b) Nothing in this article shall mean that any individual not 4 licensed pursuant to title eight of the education law may perform tasks 5 or functions limited to the scope of practice of a design professional 6 under such title. 7 § 932. License; procedure. 1. The commissioner shall establish minimum 8 qualifications for licensing. 9 2. Applications for licenses and renewal licenses shall be submitted 10 to the [department ] commissioner in writing on forms furnished by the 11 commissioner and shall contain the information set forth in this section 12 as well as any additional information that the commissioner may require. 13 3. An applicant for a license to perform mold assessment shall meet 14 the following minimum requirements: 15 (a) be eighteen years of age or older; 16 (b) have satisfactorily completed [department] commissioner approved 17 course work, including training on the appropriate use and care of 18 personal protection equipment [as approved by the commissioner of the 19 department of health]; [and] 20 (c) paid the appropriate fees as provided in subdivision six of this 21 section; and 22 (d) submitted insurance certificates evidencing workers' compensation 23 coverage, if required, and liability insurance of at least fifty thou- 24 sand dollars providing coverage for claims arising from the licensed 25 activities and operations performed pursuant to this article. 26 4. An applicant for a license to perform mold remediation shall meet 27 the following minimum requirements: 28 (a) be eighteen years of age or older; 29 (b) have satisfactorily completed [department] commissioner approved 30 course work, including training on the appropriate use and care of 31 personal protection equipment [as approved by the commissioner of the 32 department of health]; 33 (c) paid the appropriate fees as provided in subdivision six of this 34 section; and 35 (d) submitted insurance certificates evidencing workers' compensation 36 coverage, if required, and liability insurance of at least fifty thou- 37 sand dollars providing coverage for claims arising from the licensed 38 activities and operations performed pursuant to this article. [An 39 applicant for a license to perform mold remediation shall furnish the 40 department with a financial statement, prepared by an independent audi- 41 tor or accountant and signed by the applicant and auditor before a nota- 42 ry public, stating the assets of the applicant, to be used by the 43 department to determine the financial responsibility of the applicant to 44 perform mold remediation services.]