by Tom Scarlett @ www.ieconnections.com
Several state legislatures are considering bills that could have a substantial impact on how indoor air quality issues are handled around the country, particularly in the area of mold remediation.
Virginia has enacted a tough new law on mold remediation that increases the incentives for landlords to deal with mold contamination before it becomes a problem for their tenants.
In Arkansas, the legislature in Little Rock is considering a bill that would change the rules on licensing of mold investigators, establish new standards for mold investigations, and set new qualifications for mold investigators.
Illinois is considering a bill that provides that the state’s Department of Public Health must adopt rules to implement a program for mold remediators to register with the state.
And New York is attempting to develop a comprehensive approach to the problem of “toxic mold.”
Virginia Law
The new Virginia law, which was signed by Gov. Tim Kaine on March 11, requires landlords to certify that the premises they are renting are mold-free, and to pay for the expenses of their tenants if that certification turns out to be erroneous.
The old housing code merely required landlords to “comply with the requirements of applicable building and housing codes materially affecting health and safety.” The new law adds a specific requirement that landlords “maintain the premises in such a condition as to prevent the accumulation of moisture and the growth of mold, and to promptly respond to any notices” of mold contamination.
Landlords must provide a written report of as part of the move-in inspection, and “shall
disclose whether there is any visible evidence of mold in areas readily accessible within the
interior of the dwelling unit.”
If the landlord’s written disclosure states that there is visible evidence of mold in the dwelling
unit, the tenant shall have the option to terminate the tenancy and not take possession or
remain in possession of the dwelling unit.
If the tenant requests to take possession, or remain in possession, of the dwelling unit,
notwithstanding the presence of visible evidence of mold, the landlord “shall promptly
remediate the mold condition but in no event later than five business days thereafter and reinspect the dwelling unit to confirm there is no visible evidence of mold in the dwelling.”
Another new requirement in the Virginia law is that if a mold condition in the dwelling
unit “materially affects the health or safety of any tenant or authorized occupant, the
landlord may require the tenant to temporarily vacate the dwelling unit in order for the
landlord to perform mold remediation in accordance with professional standards.”
If this happens, the landlord is now required to provide the tenant with “either (a) comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or (b) a hotel room, at no expense or cost to the tenant.” The landlord is responsible for
all costs of the mold remediation.
The law defines “mold remediation in accordance with professional standards” as mold remediation of that portion of the premises or any personal property of the tenant affected by mold, performed consistent with guidance documents published by the Environmental Protection Agency, the Department of Housing and Urban Development, the American Conference of Governmental Industrial Hygienists (the Bioaerosols Manual), Standard Reference Guides of the Institute of Inspection, Cleaning and Restoration for Water Damage Restoration and Professional Mold Remediation, or any protocol for mold remediation prepared by an industrial hygienist consistent with these guidance documents.
The law also defines “visible evidence of mold” as the existence of mold in the dwelling unit “that is visible to the naked eye of the landlord or tenant at the time of the move-in inspection.”
Along with the new standards for inspections and duties of care, the law also provides specific immunity for landlords who comply with the rules.
Additionally, the statute says, “Neither the landlord nor the managing agent shall be liable
for civil damages in any personal injury or wrongful death action brought by a tenant,
authorized occupant, or guest or invitee for exposure to mold arising from the condition
within the interior of a dwelling unit, or for any property damage claims arising out of the landlord-tenant relationship, if the mold condition is caused by the negligence of the tenant.”
Arkansas
Under the bill being considered in Little Rock, after January 1, 2010, no one will be allowed to work as a mold investigator without being licensed to perform a mold investigation by the State Plant Board.
To get such a license, an investigator will have to show:
(A) Certification as a Certified Industrial Hygienist by the American Board of Industrial
Hygiene;
(B) Certification as a Certified Microbial Consultant by the American Indoor Air Quality
Council; or
(C) Successful completion of at least 20 hours of college-level microbiology.
The bill adds that licensees may not confirm or refute the presence of mold in a residential
or commercial building without having first “performed an onsite investigation of the premises conducted under the best practices set forth in the guidelines” established by the American Conference of Governmental Industrial Hygienists and the American Industrial Hygiene Association, as they existed on January 1, 2009.
Additionally, the legislation says that “a licensed mold investigator shall not perform services to remediate mold.”
Other States
Illinois, meanwhile, is considering a bill (HB 4231) that provides that the state’s Department
of Public Health must adopt rules to implement a program for parties that provide mold remediation services to register with the state. The bill further provides that the Department
must submit emergency rules to the Joint Committee on Administrative Rules to implement the registration of mold remediation professionals, adding that money collected pursuant to the registration of mold remediation professionals shall be deposited into a new Mold Remediation Registration Fund.
New York
Democratic legislators are pushing for a measure that they call “the toxic mold safety and protection act of 2009.” The bill defines “toxic mold” as “any indoor mold growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the Environmental Protection agency, Centers
for Disease Control” or other federal or state agency that protects human health.
The proposal mandates that, “after appropriate research and study, but not later than one year after the effective date of this article, the Department of Environmental Conservation, in conjunction with appropriate agencies, shall promulgate rules and regulations that include among other things:
• standards for mold inspection, mold remediation, testing the toxicity of mold, and the problem of mold remediation;
• standards for certification of mold inspectors, mold remediators, mold testing labs, mold risk assessors and industrial hygienists involved with mold remediation planning;
• standards for the design, installation, and maintenance of air ventilation and/or airconditioning
systems to prevent mold growth or creation of conditions that foster mold growth.
Also, “after appropriate research and study, but not later than one year after the effective date of this article, the Division of housing and Community Renewal shall promulgate guidelines identifying conditions created prior to and during construction that facilitate the growth of indoor mold and recommending appropriate means of eliminating those conditions.”
The legislation would also require the state government to “sponsor public education programs to promote and increase public awareness of the dangers of indoor mold growth or toxic mold.”
These programs would consist of • information regarding the conditions that facilitate indoor mold growth;
• guidelines for remediating indoor mold growth and the dangers of exposure to indoor mold growth in public buildings;
• risk assessment and inspection methods for toxic mold.
These programs should be designed to be accessible to both those in the real estate business and to average homeowners and renters, the bill states.
Finally, if the proposal becomes law, the New York state government would have to “publish, and periodically revise, a pamphlet regarding indoor mold hazards that would contain information regarding the health risks associated with exposure to indoor mold growth.”
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