Issue link: http://iaqnet.uberflip.com/i/635529
RETRIEVE BILL http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:00:19 PM] LAWS OF NEW YORK, 2014 CHAPTER 551 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; and to amend the state finance law, in relation to enacting the mold assess- ment and remediation account Became a law January 29, 2015, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: Section 1. The labor law is amended by adding a new article 32 to read as follows: ARTICLE 32 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION SPECIALISTS AND MINIMUM WORK STANDARDS Title 1. Licensing of mold inspection, assessment and remediation specialists and minimum work standards (Secs. 930-940.) 2. Minimum work standards for the conduct of mold assessments and remediation by licensed persons (Secs. 945-948.) TITLE 1 LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION SPECIALISTS AND MINIMUM WORK STANDARDS Section 930. Definitions. 931. Licensing requirements. 932. License; procedure. 933. Exemptions. 934. License issuance and renewal. 935. Practice by license holder. 936. Licensee duties; prohibited activities. 937. Civil penalties and revocation. 938. Denial of license; complaints; notice of hearing. 939. Judicial review. 940. Rulemaking authority. § 930. Definitions. As used in this article: 1. "Department" means the department of labor. 2. "Mold" means indoor mold growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the environmental protection agency, centers for disease control and prevention, national institute of health, or other federal, state, or local agency organized to study and/or protect human health. 3. "Mold remediation" means conducting the business of removal, clean- ing, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietor- EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted. CHAP. 551 2 ships. Mold remediation for the purposes of this article shall not include remediation of the underlying sources of moisture that may be the cause of mold that requires expertise not specific to acts author- ized under this article. 4. "Mold assessment" means an inspection or assessment of real proper- ty that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth and/or indicia of condi- tions that are likely to facilitate indoor mold growth. 5. "Mold abatement" means the act of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by an individual. 6. "Commissioner" means the commissioner of the department of labor. § 931. Licensing requirements. 1. It shall be unlawful for any contractor to engage in mold assessment, or to advertise or hold them- selves out as a mold assessment contractor unless such contractor has a valid mold assessment license issued by the commissioner.