A new bill signed into legislation by New York Governor Andrew Cuomo has changed the way that professionals involved with assessment and remediation of mold conduct their business. The New York Department of Labor will be overseeing this law and handing down penalties to contractors in violation. CLICK HERE FOR LEGISLATION. Below is a brief description:
As of January 1st 2016, all companies conducting assessment or remediation must be licensed by the State of New York.
One of the most important parts of the new law is that mold removal companies are no longer permitted to conduct their own assessment of a mold remediation
project and the property must be assessed independently.
Along with the new regulations, there are also specific practices required by mold assessors as well as remediation specialists individually.
Mold Assessors are now required to do the following:
- Prepare a mold assessment/remediation plan that is specific to each project
- Specify the rooms and areas where the remediation is to be conducted and the estimated quantities of building materials to be removed.
- Provide range of estimated cost and time frame of the mold removal project
- Mold assessment and report must be provided to the client before any work commences
- When it comes to completing a remediation, the project must achieve clearance and a post remediation assessment must be performed. Once the assessment assures that the area is free of visible mold growth and meets clearance criteria, a written passed clearance report is required to be issued to the client.
Mold Remediatiors are now required to do the following
- Prepare work plan specific to each project based on assessor’s protocol
- Necessary PPE must be provided to employees involved in the remediation work
- Proper signage advising of mold remediation must be posted at all entrances
- Only disinfectants or biocides registered by the EPA will be used, unless outlined and approved in remediation plan
- The project must be acceptably cleared by the mold assessor before any dismantling of contaminants
Further requirements overseen by the Department of Labor require the following:
- Valid mold assessment or remediation license displayed visibly at any mold project worksite
- Successful completion of New York Department of Labor course work and training
- Remediation’s are required to produce insurance certificates for worker’s compensation coverage as well as liability insurance of at least $50,000
- Provide a financial statement, prepared by an independent accountant which is signed and notarized. This statement must state all assets and will be used by the DOL to determine financial responsibility of applicants to perform remediation services
Under this new law, at any time the Department of Labor has the authority to inspect ongoing and completed projects. You can find more information on this law and its specific requirements here.