Current through Reg. 49, No. 12; March 22, 2024
(a)
Licensing requirements. An individual must be licensed as a mold remediation
contractor to perform activities listed under subsection (b). A licensed mold
remediation contractor who employs more than one individual required to be
licensed under this section or required to be registered under §78.56 must
be separately licensed as a mold remediation company under §78.60.
(b) Scope. An individual licensed
under this section may perform mold remediation and supervise registered mold
remediation workers performing mold remediation. In addition, a licensed mold
remediation contractor is licensed to provide mold remediation services
including:
(1) preparing a mold remediation
work plan providing instructions for the remediation activities to be performed
for a mold remediation project; and
(2) conducting and interpreting the results
of activities recommended in a work plan developed under paragraph (1),
including any of the activities of a registered mold remediation worker under
§78.56.
(c)
Qualifications. An applicant for a mold remediation contractor license must
meet at least one of the following education and/or experience requirements:
(1) a bachelor's or graduate degree from an
accredited college or university with a major in a natural or physical science,
engineering, architecture, building construction, or building sciences and at
least one year of experience either in an allied field or as a general
contractor in building construction;
(2) at least 60 college credit hours with a
grade of C or better in the natural sciences, physical sciences, environmental
sciences, building sciences, or a field related to any of those sciences, and
at least three years of experience in an allied field or as a general
contractor in building construction;
(3) a high school diploma or GED certificate,
plus at least five years of experience in an allied field or as a general
contractor in building construction; or
(4) certification as an industrial hygienist,
a professional engineer, a professional registered sanitarian, a certified
safety professional, or a registered architect, with at least one year of
experience either in an allied field or as a general contractor in building
construction.
(d)
Eligibility for licensing. To obtain a mold remediation contractor license, a
person must:
(1) be at least 18 years old at
the time of application;
(2)
successfully pass a criminal history background check;
(3) comply with subsection (c);
(4) comply with the requirement for insurance
coverage under §78.40;
(5)
successfully complete a mold training course as described in §78.68(e);
(6) pass the required licensing
examination prescribed under §78.24; and
(7) pay the fee required under §78.80.
(e) 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) verifiable evidence that the applicant
meets the requirement in subsection (c); and
(3) a copy of a course completion certificate
for the applicable training course offered by a department-accredited training
provider, as described in §78.68(e).
(f) Responsibilities. In addition to the
requirements of §78.70 and all other applicable responsibilities in this
chapter, a licensed mold remediation contractor shall:
(1) supervise mold remediation workers as
defined in §78.10(42). When supervising mold remediation workers, the
licensee must:
(A) be physically present at
the mold remediation project; or
(B) be accessible by telephone within ten
minutes and able to be at the project within one hour of being contacted;
(2) ensure that all
employees who will perform mold remediation activities are provided with, fit
tested for, and trained in the correct use of personal protective equipment
appropriate for the activities to be performed;
(3) ensure that all supervised persons
performing mold remediation activities are licensed or registered under this
chapter;
(4) ensure that the
training and license or registration of each individual who is required to be
licensed or registered to perform mold remediation activities under this
chapter is current;
(5) comply
with the requirements under §78.64(f)(2)-(3), (5)-(9), and (11) if the
licensee provides mold remediation worker training as authorized in
§78.68(d);
(6) maintain
copies of the required training documents in accordance with §78.74(b)(2)
if providing mold remediation worker training as authorized in
§78.68(d);
(7) accurately
interpret field notes, drawings, and reports relating to mold assessments;
(8) inquire of the client whether
any known or suspected hazardous materials, including lead-based paint and
asbestos, are present in the project area;
(9) advise clients about options for mold
remediation;
(10) comply with
standards for preparing mold remediation work plans, as presented in training
course materials or as required by the mold remediation company by whom the
contractor is employed;
(11)
properly prepare each mold remediation work plan that the mold remediation
contractor prepared by:
(A) signing and
dating the cover page;
(B)
including the license number and license expiration date on the cover page; and
(C) initialing the work plan on
every page that addresses the scope of work and on all drawings related to the
remediation work;
(12)
provide to each client a mold remediation work plan for the project at least
one calendar day before the mold remediation preparation work begins;
(13) submit the required
notification to the department as described in §78.110, unless employed by
a licensed mold remediation company; and
(14) provide to the property owner a
completed Certificate of Mold Damage Remediation as specified under
§78.150.