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RETRIEVE BILL http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:00:19 PM] remediation project shall indicate a specific product or brand only if it is registered by the United States Environmental Protection Agency for the intended use and if the use is consistent with the manufactur- er's labeling instructions. A decision by a mold assessment licensee to use such products must take into account the potential for occupant sensitivities. § 946. Minimum work standards for the conduct of mold remediation by licensed persons. 1. A mold remediation licensee shall prepare a mold remediation work plan that is specific to each project, fulfills all the requirements of the mold remediation plan developed by the mold assess- ment licensee as provided to the client and provides specific instructions and/or standard operating procedures for how a mold remedi- ation project will be performed. The mold remediation licensee shall provide the mold remediation work plan to the client before site prepa- ration work begins. 2. If a mold assessment licensee specifies in the mold remediation plan that personal protection equipment (PPE) is required for the project, the mold remediation licensee shall provide the specified PPE to all employees who engage in remediation activities and who will, or are anticipated to, disturb or remove mold contamination. The contain- ment, when constructed as described in the remediation work plan and under normal conditions of use, must prevent the spread of mold to areas outside the containment. 3. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas. 4. No person shall remove or dismantle any containment structures or materials from a project site prior to receipt by the mold remediation licensee overseeing the project of a notice from a mold assessment licensee that the project has achieved clearance as described in section nine hundred forty-seven of this title. 5. Disinfectants, biocides and antimicrobial coatings may be used only if their use is specified in a mold remediation plan, if they are regis- tered by the United States Environmental Protection Agency for the intended use and if the use is consistent with the manufacturer's label- ing instructions. If a plan specifies the use of such a product but does not specify the brand or type of product, a mold remediation licensee may select the brand or type of product to be used. A decision by a mold assessment or remediation licensee to use such a product must take into account the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces coated with the product. § 947. Post-remediation assessment and clearance. 1. For a remediated project to achieve clearance, a mold assessment licensee shall conduct a post-remediation assessment. The post-remediation assessment shall determine whether: (a) the work area is free from all visible mold; and (b) all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan. 2. Post-remediation assessment shall, to the extent feasible, deter- mine that the underlying cause of the mold has been remediated so that 7 CHAP. 551 it is reasonably certain that the mold will not return from that remedi- ated area. If it has been determined that the underlying cause of the mold has not been remediated, the mold assessment licensee shall make a recommendation to the client as to the type of contractor who could remedy the source of the mold or the moisture causing the mold. 3. A mold assessment licensee who determines that remediation has been successful shall issue a written passed clearance report to the client at the conclusion of each mold remediation project. 4. If the mold assessment licensee determines that remediation has not been successful, the licensee shall issue a written final status report to the client and to the remediation licensee and recommend to the client that either a new assessment be conducted, that the remediation plan as originally developed be completed, or the underlying causes of mold be addressed, as appropriate. § 948. Investigations and complaints. The commissioner shall have the authority to inspect ongoing or completed mold assessment and mold reme- diation projects and to conduct an investigation upon his or her own initiation or upon receipt of a complaint by any person or entity. § 2. The state finance law is amended by adding a new section 97-pppp to read as follows:

• RETRIEVE BILL