New York State Mold Law January 1, 2016
Article 32 of the New York State Labor Law is a consumer protection act and was implemented because of Hurricane Sandy where many out of state and unlicensed contractors took advantage of desperate home & business owners.
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 Mold law and handing down penalties to contractors in violation. CLICK HERE FOR LEGISLATION. CLICK HERE FOR THE FACTSHEET
Note: The State of New York does little to police the new law and the industry is largely self-regulating. Beware of mold remediation contractors that provide estimates for mold removal without a 3rd party assessment. The state relies on consumer complaints made directly to NYS DOL.
Below is a brief description:
As of January 1st, 2016, all companies conducting assessment or remediation of mold must be licensed by the State of New York.
One of the most important parts of the New York State Mold 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 by a licensed Mold Assessor without a vested interest in the mold remediation project.
The Mold Assessor will provide a site-specific work plan/mold removal protocol which is provided to the client. The mold remediation company will base their estimate for mold removal base of the Assessors work plan/protocol.
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 (estimates must be gathered from licensed mold removal companies for an accurate price & time frame)
- Mold assessment and report must be provided to the client by the Assessor 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. (it is the client’s choice to have a post remediation verification inspection or not but is highly recommended to ensure the cleanup was successful)
Mold Remediators are now required to do the following:
- Prepare work plan specific to each project based on assessor’s protocol
- 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
- Cannot provide a client waiver to forgo the Assessment (the client may choose to hire a mold removal company without an assessment, but the mold remediator is breaking the law)
- The project must be acceptably cleared by the mold assessor before any dismantling of containment areas, (the client may waive their right to post remediation inspection by signing a mutual agreement between the assessor, remediator & the client)
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 with biannual license renewals.
- Remediation’s are required to produce insurance certificates for worker’s compensation coverage as well as liability insurance of at least $50,000. HNST Mold Inspections carries 1,000,000-2,000,000 in Professional Liability, Pollution, Omissions & Errors Insurance & far exceeds the states requirements.
- 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.