Understanding NYS Mold Legislation
The NYS Department of Labor’s Mold Program, which is responsible for enforcing Article 32 of the New York State Labor Law, establishes licensing requirements and minimum work standards for professionals engaged in mold assessment and remediation. See https://labor.ny.gov/
There are three main components to the new Article
1. Training: The Mold Program will protect consumers by requiring contractors to obtain appropriate training prior to being licensed to perform mold assessment, remediation or abatement services.
2. Licensing: Contractors will not be allowed to advertise or perform covered work without the required license, with limited exceptions such as home or business owners performing work on their own properties. It’s unlawful for any assessor, contractor or worker to engage in mold assessment, remediation or abatement on a project, or to advertise or hold them out as a mold assessor, remediation contractor or abatement worker unless they have a valid license issued by the NYSDOL.
3. Minimum Work Standards: The Mold Program also establishes new minimum work standards for mold assessments and remediation activities by licensed professionals.
Licensing – It’s unlawful for any assessor, contractor or worker to engage in mold assessment, remediation or abatement on a project, or to advertise or hold themselves out as a mold assessor, remediation contractor or abatement worker unless they have a valid license issued by the NYSDOL.
Project means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement. An assessor can’t engage in remediation or abatement on the same property and vice versa.
Mold Assessors complete assessments of properties for purposes of mold inspection with remediation. Individuals and organizations who provide mold “inspection or assessment of real property that is designed to discover mold, conditions that facilitate mold, indication of conditions that are likely to facilitate mold, or any combination thereof” are required to obtain a mold assessor’s license, and comply with the minimum work standards for the conduct of mold assessments. This includes, among other things, the preparation of a mold remediation plan. Mold Assessors perform mold inspection services that a Home Inspector once performed during a purchase of a home, but to a higher degree and typically with mold sampling.
Exemptions: The following persons shall not be required to obtain a license to perform mold assessment, remediation, or abatement:
- Residential property owner who performs mold inspection, assessment or remediation, or abatement on his or her own property;
- Non-residential property owner, or the employee of such owner, who performs mold assessment or, remediation, or abatement on an apartment building owned by that person that has not more than four dwelling units;
- An owner or a managing agent or a full-time employee of an owner or managing agent who performs mold assessment or, remediation, or abatement on commercial property or a residential apartment building of more than four dwelling units owned by the owner provided, however, that this shall not apply if the managing agent or employee engages in the business of performing mold assessment or, remediation, or abatement for the public;
- Federal, state or local governmental units or public authorities and employees thereof that perform mold assessment, remediation, or abatement on any property owned, managed or remediated by such governmental unit or authority.