• By Lee Wasserman, LEW Corporation

New York State Mold Evaluation & Remediation Law

New York’s new law defines and regulates, “Mold”. “Mold means any indoor, multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure. This exposure is defined by the Environmental Protection Agency, Center for Disease Control and Prevention, National Institute of Health, or other federal state, or local agency organized to study and/or protect human health.” You can review the law and its amendments here. http://labor.ny.gov/workerprotection/safetyhealth/mold/Chapter_Amendment.pdf

On January 29th, Governor Cuomo signed into law, Bill s3667D-2013, New York State’s first Mold Law. Per the original text of this Mold regulation, the law was to go into effect 180 days after signing. That would have made the effective date July 28, 2015. Late this spring the governor’s office extended the effective date of the law to January 1, 2016 to provide the New York State Department of Labor and other impacted programs and entities the time to properly establish the requirements of the law. The mold program and related facts about mold can be found on the New York State Department of labor website. http://labor.ny.gov/workerprotection/safetyhealth/mold/mold-program.shtm

The NYS Mold law requires licensing of assessors, contractors, workers and a written mold remediation plan prepared by a licensed mold assessment contractor. In addition to discussing the law’s requirements on the NY State Department of Labor’s (NYSDOL) website they also provide links to the Original Legislation , Chapter Amendment and Course outlines for Assessor, Remediator and Worker programs. Expected to be posted shortly, by the NYSDOL on their web site, is the application requirements for training providers, assessors, supervisors, and workers. The Mold Assessor course is currently anticipated to be a 32 hour course with 8.5 hours of hands on. The Mold Remediation Contractor Supervisor course is anticipated to be a 24 hour course with 5.5 hours of hands on. The worker is a 16 hour course with 8.5 hours of hands on related curriculum. The Mold law will have minimum certification, licensure, assessment, and work practice standards. Minimum work standards for the conduct of mold remediation by a licensed person will require preparation of a mold remediation work plan that is specific to each project. The mold remediator must fulfill all the requirements of the mold remediation plan developed by the mold assessment licensee as provided to the client and provides specific instructions and/or standard operating procedures for how a mold remediation project will be performed. The mold remediation licensee shall provide the mold remediation work plan to the client before site preparation work begins. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas during remediation efforts. The law also establishes a baseline for post-remediation assessment and clearance. For a remediated project to achieve clearance, a mold assessment licensee shall conduct a post-remediation assessment. A post-remediation assessment shall, to the extent feasible, determine that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated 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.

As new information arises, we will continually bring you updates and information on how best to be prepared and compliant when necessary. In our next update we hope to share the actual certifying process along with any grandfathering provisions that may apply.

Lee E. Wasserman is the president of LEW Corporation.

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