IAQschool.Online - Docs

RETRIEVE BILL http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:00:19 PM] ment or remediation on his or her own property; 2. 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 that has not more than four dwelling units; and 3. an owner or a managing agent or a full-time employee of an owner who performs mold assessment or remediation on commercial property owned by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment or remediation for the public. § 934. License issuance and renewal. 1. Licenses issued pursuant to the provisions of this title shall be valid for a period of two years from the date of issuance and may be renewed in accordance with the conditions set forth in this article and established by the commission- er. 2. Within thirty days of the receipt of the application and fee for any license issued under this section, the commissioner shall either issue the license or deny the license setting forth the reason for such denial in writing. 3. Licenses shall be in a form prescribed by the department. 4. The renewal of all licenses granted under the provisions of this article shall be conditioned upon the submission of a certificate of completion of a department-approved course designed to ensure the continuing education of licensees on new and existing mold assessment and mold remediation standards. CHAP. 551 4 § 935. Practice by license holder. 1. A mold assessment license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. The mold assessment license holder shall provide the analysis to the client before the mold remediation begins and such plan must include the analysis as defined in section nine hundred forty-five of this article. 2. A mold remediation license holder who intends to perform mold reme- diation shall prepare a work plan providing instructions for the remedi- ation efforts to be performed for the mold remediation project. The mold remediation license holder shall provide the work plan to the client before the mold remediation begins. The mold remediation license holder shall maintain a copy of the work plan at the job site where the remedi- ation is being performed. § 936. Licensee duties; prohibited activities. 1. A mold assessment licensee who performs mold assessment services shall provide a written report to each person for whom such licensee performs mold assessment services for compensation. 2. No licensee shall perform both mold assessment and mold remediation on the same property. 3. No person shall own an interest in both the entity which performs mold assessment services and the entity which performs mold remediation services on the same property. § 937. Civil penalties and revocation. 1. The department may, after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause shown which shall include, but not be limited to the following: (a) conviction of a felony relating to the performance of a mold assessment or mold remediation; (b) deceit or misrepresentation in obtaining a license authorized under this article; (c) providing false testimony or documents to the department in relation to a license authorized by this article or any other license issued by the department; (d) deceiving or defrauding the public in relation to services provided for a fee that require a license; or (e) incompetence or gross negligence in relation to mold assessment or mold remediation. 2. Violators of any of the provisions of this article may be fined by the department in an amount not to exceed two thousand dollars for the initial violation and up to ten thousand dollars for each subsequent violation. § 938. Denial of license; complaints; notice of hearing. 1. The department shall, before making a determination to deny an application for a license, notify the applicant in writing of the reasons for such proposed denial and afford the applicant an opportunity to be heard in person or by counsel prior to denial of the application. Such notifica- tion shall be served in any manner authorized by the civil practice law

• RETRIEVE BILL