Current through Reg. 49, No. 12; March 22, 2024
(a) Licensing requirements. A person
performing mold assessment activities must be licensed as a mold assessment
company if the person employs more than one individual required to be licensed
under §78.50 or §78.52.
(b) Authorization and conditions. A licensed
mold assessment company shall:
(1) designate
one or more individuals licensed as mold assessment consultants as its
responsible person(s);
(2) notify
the department in writing of any changes in individual licensed mold assessment
consultants as responsible persons within 30 calendar days following the change
of the responsible person;
(3)
perform mold assessment activity only during periods with the active employment
of at least one individual licensed mold assessment consultant designated as
the responsible person for the company;
(4) not transfer the license to any other
person, including to any company that has bought the licensed entity;
(5) apply for a name change on the
license within 30 calendar days after a change in name only; and
(6) obtain a new license before performing
any mold-related activities when the transfer of a licensed person occurs.
(c) Eligibility for
licensing. To be eligible for licensing, a person must employ at least one
licensed mold assessment consultant. To obtain a mold assessment company
license, a person must:
(1) comply with the
requirement for insurance coverage under §78.40; and
(2) pay the fee required under §78.80.
(d) Applications.
Unless otherwise indicated, an applicant must submit all required information
and documentation on department-approved forms or in a manner specified by the
department. In addition to fulfilling the requirements in §78.21, an
applicant must submit the following required documentation:
(1) proof of compliance with the insurance
requirement for licensees specified in §78.40;
(2) the name, address, and occupation of each
person that has an ownership interest of 10% or more in the applicant; and
(3) the name and license number of
each licensed mold assessment consultant designated by the applicant as a
responsible person.
(e)
Responsibilities. In addition to the requirements of §78.70 and all other
applicable responsibilities in this chapter, a licensed mold assessment company
shall:
(1) provide each client with a mold
assessment report following an initial (pre-remediation) mold assessment. If
the company includes the results of the initial assessment in a mold
remediation protocol or a mold management plan, a separate assessment report is
not required;
(2) provide each
client a mold remediation protocol at least one calendar day before a mold
remediation project begins;
(3)
utilize the services of a laboratory that is licensed by the department to
provide analysis of mold samples;
(4) ensure that all employees who will
perform mold assessment activities are provided with, fit tested for, and
trained in the correct use of personal protective equipment appropriate for the
activities to be performed;
(5)
ensure that each person performing mold assessment activities is licensed in
accordance with this chapter, as applicable;
(6) ensure that the training and license of
each employee who is required to be licensed under this chapter are current;
(7) if the company performs
post-remediation assessment on a project and ceases to be involved with the
project before it achieves clearance, provide a final status report to the
client and to the mold remediation contractor or company performing mold
remediation work for the client as specified under §78.140(e); and
(8) provide a passed clearance
report to the client as specified under §78.140(d) and provide a
Certificate of Mold Damage Remediation, with applicable sections completed by a
mold assessment consultant, to a mold remediation company or contractor, as
specified under §78.150(b).