Mold Legislation

mold remediation jupiter

Arkansas: Title 17-54 of the Arkansas Code (known as the Arkansas Mold Investigator Licensing Law) was enacted in 2009 and went into effect on January 1, 2010. The law requires individuals performing mold investigations for hire to hold a state license. This license will be administered by the Arkansas Plant Board.

Applicants are eligibile for the license if they meet ONE of the following three criteria:

  • Certification by the American Board of Industrial Hygiene as a CIH,
  • Certification by the American IAQ Council (now the ACAC) as a CMC or CIEC, or
  • Education equaling 20 hours of college-level microbiology courses.

Download the full text of the Arkansas law.

Back to top »

Florida: Chapter 468, Part XVI, Florida Statutes, provides for licensure and regulation of mold assessors and remediators. The law became effective July 1, 2010, and provides that the mold related services licensing program will be administered by Florida’s Department of Business and Professional Regulation (DBPR).

DBPR has chosen ACAC to provide the license examinations required by Chapter 468, and has approved six ACAC certification exams for this purpose:

  • Mold Assessor Exams: All of the following tests are approved by DBPR for the Florida mold assessor license. License applicants may register for the exam of their choosing (CIE, CIEC or CMC).
  • Mold Remediator Exams: All of the following tests are approved by DBPR for the Florida mold remediator license. License applicants may register for the exam of their choosing (CMR, CMRS, or CIES).

Back to top »

Maryland:  During the 2008 legislative session, the General Assembly passed The Maryland Mold Remediation Services Act. This law is printed in Title 7 of the Home Improvement Law, contained in the Business Regulation Article of the Annotated Code of Maryland.

This law requires that any company or firm that provides mold remediation services on residential property in Maryland to obtain a license to provide mold remediation services. In addition the law requires that each employee who provides mold remediation services must be certified by the American Indoor Air Quality Council (now ACAC) as a microbial remediation technician or supervisor, whichever is applicable. The license will be issued by the Maryland Home Improvement Commission (MHIC).

This law was scheduled to take effect on June 1, 2010. However, due to budget constraints, the state has postponed the implementation of the Maryland Mold Remediation Services Act indefinitely until the funding is provided.
Therefore, until the Mold Remediation Services Act is implemented, a mold remediation contractor who only performs “cleaning” type services (such as cleaning ventilation systems or applying chemicals to kill mold), would not be required to hold a MHIC license.

However, if the mold remediation contractor performs structural renovations to a house in the course of a mold remediation project (for example, tearing out and rebuilding walls, repairing drywall, replacing floors, etc.) is required to hold a MHIC contractor license. Likewise any contractor that currently holds a MHIC contractor or subcontractor license and who also provides mold remediation services on residential properties will be required to hold both the contractor and subcontractor license and the license to provide mold remediation services.

Download the complete text of the Act

Mold Remediation Technicians:

Download a CRMR certification application form — current employment required
Download a CMR certification application form — 2 years experience required

Mold Remediation Supervisors:

Download a CMRS certification application form — 5 years experience required

Back to top »

New York:  New York Assembly Bill A01466 (2011)

Introduced in January 2011, Assembly Bill A01466 is entitled “An act to amend the public housing law, the public health law, and the real property law, in relation to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property.”

The bill is designed to create standards and practices for the handling of indoor mold in both real property and public housing. It includes three specific provisions:

  • Section 1 amends the public housing law by adding section 16-a, which directs and authorizes the commissioner to create procedures for the remediation and prevention of mold.
  • Section 2 amends the public health law by adding article 48-A, which authorizes the commissioner to promulgate standards in the detection, prevention, and remediation of indoor mold within environments subject to the rule of the department.
  • Section 3 amends subdivision 2 of section 462 of the real property law, as added by chapter 456 of the laws of 2001, by adding questions 19-a and 19-b, which pertain to indoor mold, to the Property Condition Disclosure Statement.

Click here to read official summaries or a full text version of Assembly Bill A01466.

New York Public Health Law Section 1384 (2005)

Article 13, Title 11-A, Section 1384 of the Laws of New York was enacted in 2005. The law created theNew York Toxic Mold Task Force with the following responsibilities:

(a) assess, based on scientific evidence, the nature, scope and magnitude of the adverse environmental and health impacts caused by toxic mold in the state;

(b) measure, based on scientific evidence, the adverse health effects of exposure to molds on the general population, including specific effects on subgroups identifiable as being at greater risk of adverse health effects when exposed to molds;

(c) identify actions taken by state, and local governments, and other entities;

(d) assess the latest scientific data on exposure limits to mold in indoor environments;

(e) determine methods for the control of mold in a cost-effective and environmentally sound manner and identify measures to mitigate mold; and

(f) prepare a report to the governor and the legislature that assesses the current body of knowledge on toxic mold, provides the status of toxic mold in the state, and assesses the feasibility of any further actions to be taken by the legislature or state agencies as recommended by the task force.

The Task Force released its Draft Report in December 2010.

Click here to read the law in its entirety

Click here to read the Task Force Report

Back to top »

Virginia: Governor Proposes De-regulation of Mold Inspection and Remediation Professions

In November 2011, Virginia Governor Bob McDonnell submitted a Government Reorganization Plan to the General Assembly. The plan includes proposals to eliminate two state agencies; merge seven state agencies into others; eliminate 19 boards and commissions; merge 23 boards and commissions to form 11 boards and commissions; move four offices and initiatives; and de-regulate three professions, including mold inspection and remediation. The governor stated his belief that the mold inspection and remediation professions would be “better served if no longer regulated by the state.”

The Government Reorganization Plan will be considered as a resolution in the 2012 session of the General Assembly.

Existing Mold Inspector and Remediator Regulations

The 2009 General Assembly directed the Board for Asbestos, Lead, Mold, and Home Inspectors (Board) to develop a licensure program for mold inspectors and mold remediators. The Mold Inspector and Remediator Regulations became effective July 1, 2011. Please visit the Board website for the applicable statutes, regulations, application forms, and Board contact information.

ACAC Certificants and the Current Virginia Law

The VA DPOR ruled on August 23, 2011 that ACAC certificants cannot grandfather into the state’s mold assessor and remediator licensing programs.The grandfather eligibility requires the license applicant to be trained by, certified by and a member of an association whose requirements are “substantially equivalent” to the Virginia statue as interpreted by DPOR. Since ACAC’s accreditation prohibits being involved in training, ACAC has no training program for DPOR to approve. ACAC’s certification requirements are therefore not “substantially equivalent.”

Bottom line: Those who hold ACAC professional, accredited certifications will have to take a basic mold course and its examination to qualify for licensing. Unfortunately, DPOR refused offers by ACAC to assist in explaining the industry’s training and certifications. Please address your concerns to Virginia legislators or to the Board staff at (804) 367-8595.

Click here for a list of Virginia senators and their contact information.