Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
367.83801,
367.83803,
367.83805,
367.83807
NECESSITY, FUNCTION AND CONFORMITY:
KRS
367.83805(1) requires the
Department of Law, after consultation with the Public Protection Cabinet and
the Department for Public Health, to establish minimum standards for mold
remediation companies that operate in the Commonwealth based on the five (5)
general principles of mold remediation created by the Institute of Inspection,
Cleaning and Restoration Certification (IICRC) in its publication, IICRC S520,
Second Edition, Standard and Reference Guide for Professional Mold Remediation,
or its successor publication.
KRS
367.83805(2) authorizes
customer complaints regarding compliance by mold remediation companies with 40
KAR Chapter 2 promulgated pursuant to
KRS
367.83805. This administrative regulation
establishes the minimum standards for mold remediation companies that operate
in the Commonwealth and incorporates by reference the forms to be utilized by
mold remediation companies.
Section 1.
Definitions.
(1) "Customer" is defined by
KRS
367.83803(1).
(2) "Indoor environmental professional" means
a person qualified through training, education, and experience to assess mold
problems, conduct and review sampling plans and results, and evaluate and
develop plans to remediate mold in structures.
(3) "Mold" is defined by
KRS
367.83803(3).
(4) "Mold remediation" is defined by
KRS
367.83803(4).
(5) "Mold remediation company" is defined by
KRS
367.83803(5).
(6) "Normal fungal ecology" means an indoor
environment that may have settled spores, fungal fragments, or traces of actual
growth whose identity, location, and quantity are reflective of typical settled
spores, fungal fragments, or traces of actual growth for a similar indoor
environment.
(7) "Postremediation
evaluation" means the activity conducted by a mold remediation company to
determine that the mold remediation has been performed and the mold remediation
area, structure, and systems are free of mold contamination.
(8) "Postremediation verification" means
sampling and analysis conducted to determine that a remediated area has been
restored to a normal fungal ecology.
Section 2. Safety and Health. A mold
remediation company shall:
(1) Assure that
each principal and employee has training, education, and experience to:
(a)
1.
Perform the tasks required pursuant to this administrative regulation for mold
remediation assigned to that person; and
2. Use and operate equipment, tools, and
materials, that will be used or operated by that person during mold remediation
or that are required pursuant to this administrative
regulation;
(b) The
training required by paragraph (a) of this subsection shall include, at a
minimum, the following topics related to the mold remediation tasks required
pursuant to this administrative regulation:
1. Safety and health;
2. Engineering controls;
3. Containment methods; and
4. Work practices;
(2) Use engineering controls and
work practices to prevent exposure of occupants and the mold remediation
company's employees and agents to mold;
(3) Determine the type of containment to use
during mold remediation;
(4) Inform
the customer in writing of the mold remediation company's determinations
regarding containment, including, at a minimum, if the mold remediation company
plans to:
(a) Use full or limited
containment;
(b) Use negative
pressure so that air pressure within the containment areas is less than in
surrounding areas as a measure to prevent cross-contamination; or
(c) Advise the customer of other measures to
be used to protect the occupants;
(5) If the mold remediation company makes a
determination not to use containment, advise the customer in writing of the
reasons for that determination;
(6)
If mold is or will be disturbed, or if workers enter or will enter a
containment area, ensure that workers use appropriate protective equipment,
including, at a minimum:
(a) A respirator
approved by the National Institute for Occupational Safety and Health (NIOSH)
that is appropriate for the environment to be encountered;
(b) Goggles, if a full face respirator is not
used; and
(c) Gloves; and
(7) Prior to contracting for mold
remediation, inform the customer in writing:
(a) Of the potential health risks of mold
exposure generally, by providing a copy of the most recent edition of the U.S.
Environmental Protection Agency's A Brief Guide to Mold, Moisture, and Your
Home, Document Number EPA 402-K-02-003;
(b) Of the areas to be vacated for the
duration of the remediation and the estimated duration of the
remediation;
(c) Of the need to
advise tenants and occupants to avoid entering containment areas and work areas
for the duration of the remediation and of any other measures customers should
use to protect tenants and occupants; and
(d) About mold and indoor environmental
professionals generally, by providing a copy of Read This About Mold Before You
Sign A Contract, Form MRC-1, and Read This About Indoor Environmental
Professionals Before You Sign A Contract, Form MRC-2, to the customer prior to
or during the initial visit to the property. If the Form MRC-1 is provided to
the customer with other items, the Form MRC-1 shall be on top of or prominent
among the other items.
Section 3. Contamination Prevention and
Project Documentation.
(1) Except as provided
by subsection (6) of this section, a mold remediation company shall provide the
customer with a written mold assessment and remediation plan prior to entering
into a mold remediation contract with the customer.
(a) Portions of the mold assessment and
remediation plan may be prepared by an independent indoor environmental
professional if the customer has engaged one (1).
(b) The written mold assessment and
remediation plan shall include, at a minimum:
1. The scope of work, including, at a
minimum, the area or areas to be remediated, the tasks to be performed, and a
price estimate;
2. An assessment of
the source of moisture and, if applicable, measures to take to remedy or manage
the moisture source. If the source of moisture or the measures to remedy or
manage the moisture source have not been identified or cannot be determined,
the mold assessment and remediation plan shall include a statement to that
effect;
3. An assessment of the
extent of the mold problem to be addressed;
4. The containment and removal techniques
that will be used to control the spread of mold contamination, including the
written disclosures required by Section 2(4), (5), and (7) of this
administrative regulation; and
5. A
statement describing how the postremediation evaluation will be conducted,
including:
a. Visual examination for removal
of mold, and mold-contaminated or water-damaged materials and debris;
b. Examination to determine that surfaces are
free of dust;
c. Examination to
determine if mold-associated odors have been eliminated; and
d. Sampling or testing for postremediation
verification, if recommended. If postremediation verification is to be
conducted, it shall be performed by an independent indoor environmental
professional paid directly by the customer and reporting directly to the
customer.
(2) If the source of moisture or the measures
to remedy or manage the moisture source have not been identified or cannot be
determined, or if the customer chooses to proceed with mold remediation without
remedying and managing the moisture source, or both, a mold remediation company
shall not perform mold remediation work for the customer until the mold
remediation company obtains a completed, signed, and dated Notice of Moisture
Problem, Form MRC-3, from the customer and provides a copy of a completed Form
MRC-3 to the customer.
(3) A mold
remediation company shall not perform mold remediation work without a written
contract. A mold remediation company shall ensure that a contract for mold
remediation incorporates the mold assessment and remediation plan required by
subsection (1) of this section.
(4)
The mold remediation company shall obtain a copy of Read This About Mold Before
You Sign A Contract, Form MRC-1, and Read This About Indoor Environmental
Professionals Before You Sign A Contract, Form MRC-2, with the customer's dated
signature on each form and provide a copy of the completed Form MRC-1 and Form
MRC-2 to the customer prior to entering into a contract with the customer for
mold assessment or mold remediation.
(5) A mold remediation company shall provide
the customer with a written change order to be signed and dated by the customer
prior to performing additional work for which there is a cost to the customer
or prior to a substantive or material departure from the mold assessment and
remediation plan.
(6)
(a) If, because of the size and scope of the
work to be performed, it is not practicable to provide a mold assessment and
remediation plan for a commercial or institutional customer and if the customer
requests in writing that work begin prior to receiving the mold assessment and
remediation plan, the mold remediation company shall, prior to entering into a
mold remediation contract with the customer:
1. Obtain a completed, signed, and dated
Commercial or Institutional Customer, Form MRC-4, from the customer and provide
a copy of a completed Form MRC-4 to the customer; and
2. Provide the customer a price list that
includes the amounts charged for labor and equipment.
(b) The mold remediation company shall
provide updates to the customer regarding the work performed and the work not
yet performed. The updates shall be provided on a periodic basis as agreed to
by the customer.
(7) At
the conclusion of the mold remediation work, a mold remediation company shall
provide the customer with a written postremediation report that includes, at a
minimum, a:
(a) Statement indicating if all
visible mold, unrestorable mold-contaminated materials, and debris have been
removed;
(b) Statement indicating
if all mold-associated odors have been eliminated;
(c) Statement indicating if surfaces are free
of dust;
(d) List of any unexpected
conditions or events that arose during the mold remediation work that have the
potential for:
1. A significant impact on
worker or occupant health or safety; or
2. Interfering with achieving or maintaining
an appropriate postremediation condition of the remediated area;
(e) Statement indicating if all
salvable structures, systems, and contents have been dried to an appropriate
moisture content; and
(f) List of
independent indoor environmental professionals, if sampling or testing to
verify the mold remediation is required by the contract.
(8) A mold remediation company shall maintain
a copy of all documents required by this administrative regulation for a period
of at least three (3) years following completion of the mold remediation
work.
Section 4.
Contamination Control. A mold remediation company shall:
(1) Control mold contamination as close as
practical to its source in order to prevent the spread of mold or mold spores
or particles;
(2) Minimize dust
generation; and
(3) Ensure that
mold contamination does not spread to less-contaminated or non-contaminated
areas.
Section 5.
Contamination Removal. A mold remediation company shall:
(1) Physically remove mold contamination from
the structure, systems, and contents to return the structure, systems, and
contents within the remediated area to a normal fungal ecology; and
(2) Return the structure, systems, and
contents within the remediated area to a clean condition. The structure,
systems, and contents shall be considered clean if:
(a) Mold contamination is removed;
(b) Unrestorable mold-contaminated materials
are removed;
(c) Debris is
removed;
(d) Surfaces are free of
dust; and
(e) Remediated areas are
free of odors associated with mold.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Read This About Mold Before
You Sign A Contract", Form MRC-1, October 2012;
(b) "Read This About Indoor Environmental
Professionals Before You Sign A Contract", Form MRC-2, October 2012;
(c) "Notice of Moisture Problem", Form MRC-3,
October 2012;
(d) "Commercial or
Institutional Customer", Form MRC-4, October 2012; and
(e) "A Brief Guide to Mold, Moisture, and
Your Home", Document Number EPA 402-K-02-003, Reprinted September
2010.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Office of the Attorney General, Office of Consumer Protection, 1024 Capital
Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8:30
a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
367.83805(1),
367.83805(2),
367.83807