S1992

SENATE, No. 1992

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED OCTOBER 25, 2004

Sponsored by:

Senator JOSEPH CONIGLIO

District 38 (Bergen)

Senator STEPHEN M. SWEENEY

District 3 (Salem, Cumberland and Gloucester)

SYNOPSIS

Establishes Toxic Mold Commission; requires mold inspection as condition of sale of residential property.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning mold inspections, and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established in the Department of Health and Senior Services, a Toxic Mold Commission. The commission shall consist of seven members, two of whom shall be the Commissioner of Health and Senior Services and the Commissioner of Environmental Protection, or their designees, who shall serve ex officio; and five public members, three of whom shall represent the academic scientific community, and two of whom shall represent the health community, with backgrounds in environmental health issues. The public members shall be appointed by the Governor, with the advice and consent of the Senate. The Governor shall designate a chairman and vice chairman of the commission from the public members.

b. Of the public members first appointed, three shall serve for terms of three years, and two shall serve for terms of two years. Thereafter, all terms shall be for three years. Each appointed member shall serve after the expiration of their terms until their respective successors are appointed and qualified. Any vacancy shall be filled in the same manner as the original appointment for the unexpired term.

c. Members of the commission shall serve without compensation, but the commission may, within the limits of funds appropriated or otherwise made available to it for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.

d. The commission shall meet at such times and places as may be determined by its chairman. A majority of the membership of the commission shall constitute a quorum for the transaction of business. Action may be taken and motions and resolutions adopted by the commission at any meeting by the affirmative vote of a majority of the full membership of the commission.

e. Within 1 year of the effective date of this section, the commission shall make recommendations for the implementation of the mold inspection program by the department. These recommendations shall consist of:

(1) The development of a list of household molds for which testing shall be required;

(2) The development of maximum household limits for mold exposure;

(3) The development of a two-tiered testing protocol to a) identify the existence of mold that exceeds the initial household maximum limit for mold exposure, and b) locate the extent, source, and location of

the mold in the residence;

(4) The development of methods and procedures for the identification of the presence of mold that may include procedures for the collection of air, surface and bulk samples, visual and olfactory identification, laboratory analysis, and any other recognized analytical method for the identification of mold;

(5) The review of all activities undertaken pursuant to this act and any amendments or supplements thereto.

f. The Toxic Mold Commission shall have the authority to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, commission or agency that may be required and made available for such purposes.

2. a. Every contract of sale of residential real property containing less than five units of residential dwelling space shall include a provision requiring, as a condition of the sale, the inspection for the presence of a mold hazard as prescribed pursuant to section 3 of this act.

b. Closing of title on the sale of real property subject to the provisions of this section shall not occur unless both the buyer and the seller have received and reviewed a copy of the mold inspection results. At closing, the buyer and seller both shall certify in writing that they have received and reviewed the mold inspection results.

3. Every mold inspection conducted in accordance with this act shall include an inspection that conforms to the protocol and procedures established by the Department of Health and Senior Services pursuant to section 4 of this act. The inspection shall identify whether mold is present in the residence at a level that exceeds the initial household maximum limit for mold exposure. Upon a finding by a mold inspector that mold is present in the residence at a level that exceeds the initial household maximum limit for mold exposure, an inspection to locate the extent, source, and location of the mold in the residence shall be conducted by a certified industrial hygienist.

4. a. The Department of Health and Senior Services, in consultation with the Toxic Mold Commission established pursuant to section 1 of this act, shall develop, by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.);

(1) a list of household molds for which testing shall be required,

(2) maximum household limits for mold exposure,

(3) a two-tiered testing protocol to a) identify the existence of mold that exceeds the initial household maximum limit for mold exposure, and b) locate the extent, source, and location of the mold in the residence, and

(4) methods and procedures for the identification of the presence of mold that may include procedures for the collection of air, surface and bulk samples, visual and olfactory identification, laboratory analysis, and any other recognized analytical method for the identification of mold.

b. The Department of Health and Senior Services shall conduct an annual review to determine if there are a sufficient number of laboratories available to perform the services required pursuant to this act at a reasonable cost within 10 days of a request for testing. This review shall be based upon the projected number of transactions for which the test is required. The department shall publish its findings in the New Jersey Register.

c. The Department of Health and Senior Services shall establish, by rule or regulation adopted pursuant to the "Administrative Procedure Act," a maximum time period for which a test result shall remain valid for the purposes of section 2 of this act without necessitating retesting. A reinspection shall not be required pursuant to section 2 of this act if the contract of sale is entered into within the period of test validity established pursuant to this subsection. Notwithstanding any provision of this subsection to the contrary, a buyer and seller subject to the provisions of section 2 of this act may mutually agree to reinspect even though the maximum time period for test validity established pursuant to this subsection has not expired.

5. This act shall take effect immediately, except that section 2 shall take effect on the 540th day following the date of enactment of this act.

STATEMENT

This bill would require that every contract of sale of residential real property containing less than five units of residential dwelling space include a provision requiring, as a condition of the sale, the inspection for the presence of a mold hazard. The inspection would identify whether mold is present in the residence that exceeds the initial household maximum limit for mold exposure. Upon a finding by a mold inspector that mold is present in the residence that exceeds the initial household maximum limit for mold exposure, an inspection to locate the extent, source, and location of the mold in the residence would be required to be conducted by a certified industrial hygienist.

The bill would establish in the Department of Health and Senior Services, a Toxic Mold Commission. The commission would make recommendations to the department for the implementation of the mold inspection program required by the bill. These recommendations would include:

(1) The development of a list of household molds for which testing shall be required;

(2) The development of maximum household limits for mold exposure;

The Department of Health and Senior Services would adopt rules and regulations establishing the mold inspection program based upon the commission's recommendations.