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21 Mar 2014

New York State Mold Law in Effect January 1, 2016


Effective January 1, 2016 mold remediation contractors, workers, assessors, and supervisors must be licensed in New York or they cannot legally perform their services. In 2015 Governor Cuomo signed Bill S3667D-2013 which introduced Article 32 into New York State Labor Law thereby requiring mold assessors and remediation workers, contractors, and supervisors be licensed to engage in mold remediation. The main purpose of Article 32 as it pertains to mold remediation in NYS is to ensure that a basic level of knowledge results in a safer general population.

New York State in the last decade has seen its share of massive flooding such as Hurricane Katrina. The variety of flooding NY has experiences has led to the realization that the public may not fully how mold damages a property and the adverse health effects of mold. When massive flooding occurs, people call contractors for help pumping basements, drying flooded areas and may not have hired a competent mold remediator or gotten one at all. A person desperately looking for help for their flooded home when a whole town is water immersed may get an inadequate job done by the contractor or a “fly by night” entity. Then the homeowner pays twice-once for the poor quality job and secondly to get it done right. By passing the NY Mold Law of the DOL Article 32, the state hopes to prevent these occurrences.

New York State’s mold law requires that a person must be at least 18 years of age, provide proof of satisfactory completion of the required training, completed and submitted the appropriate application form (i.e. remediation worker or contractor), paid the associated license application fees, and only upon receipt of the approved license may she or he engage in the license approved area of mold remediation. The law prevents a remediation entity from acting as both the assessor and the remediation contractor.

There are several exceptions from the licensing requirements. A residential homeowner can assess and remediate mold in his or her own property. A landlord of a residential multiple unit building of 4 or fewer units and a commercial property owner, manager or employee do not have to be licensed to perform the assessment or remediation work upon that property. These exception groups cannot provide these services to anyone else or market their services for mold remediation.

The NY Mold Law requires the mold assessor to prepare a mold remediation plan for the site project which includes a description of the remediation zone ( i.e. work areas), materials to be cleaned or disposed of, cleaning methods for each area or issue, safety protective equipment to be used such as respirators, and remediation project clearance criteria. The mold remediation plan must also include safety postings that are adequate for the project scope, time frame and at entry and exit zones. A project quote including a breakdown of materials, costs, and project timetable is essential. The source(s) of the moisture problem that may have caused the mold growth should be documented thoroughly, In addition, the property owner should have hired a contractor to correct any structural problems that led to the mold growth.

The NYS mold law required that a post remediation assessment be conducted to determine if the remediation zone is adequately cleaned from all visible mold and that all the steps detailed in the mold remediation plan have been followed and the mold project clearance criteria have been met.






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