SENATE, No. 2633

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 11, 2011

 


 

Sponsored by:

Senator  SEAN T. KEAN

District 11 (Monmouth)

 

Co-Sponsored by:

Senator Bateman

 

 

 

 

SYNOPSIS

     Requires establishment of indoor standards for mold hazards and certification of mold inspectors and abatement workers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning mold hazard abatement, and supplementing Title 52 of the Revised Statutes.  

 

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

 

     1.  As used in this act:

     "Department" means the Department of Community Affairs.

     "Mold" means any form of multicellular fungi that lives on plant or animal matter and in indoor environments.  Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor and Stachhybotrys Chartarum, often found in water-damaged building materials.

    

     2.  a.  Within one year after the effective date of this act, the Department of Community Affairs, in consultation with the Department of Health and Senior Services, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that establish:  (1) indoor standards for exposure limits to mold in residential buildings that are protective of the public health and safety; and (2) procedures for the inspection, identification, and evaluation of the interior of residential buildings for mold.

     b.  Within one year after the effective date of this act, the Department of Community Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act" that establish standards for mold hazard abatement including specialized cleaning, repairs, maintenance, painting, temporary containment and ongoing monitoring of mold hazards or potential hazards.  Hazard abatement procedures for mold developed by the department shall:

     (1)   provide practical guidelines for the removal of mold and abatement of the underlying cause of mold and associated water intrusion and water damage in indoor environments; and

     (2)   provide practical guidance for the removal or cleaning of contaminated materials in a manner that protects the health of the person performing the hazard abatement, including requirements for the use of protective clothing or equipment.

 

     3.    a.  Within 18 months after the effective date of this act, the Department of Community Affairs shall establish a program for the certification of persons who inspect for the presence of mold hazards in residential buildings.  The mold inspection certification program shall require that inspectors for mold hazards have training and education in at least the following subject areas:

     (1)  proper methods to identify the presence of mold consistent with the standards developed therefor pursuant to subsection a. of section 2 of this act;

     (2)  scientifically recognized procedures for the collection of air and surface samples;

     (3) methods for the identification of locations of moisture infiltration to locate likely areas for mold infestation;

     (4)  all applicable State and federal law, rules and regulations; and

     (5) any other area the department deems relevant.

     b.  Within 18 months after the effective date of this act, the department shall establish a program for the certification of persons who perform mold hazard abatement work, and who safeguard buildings from the presence of mold in residential buildings.  The mold hazard abatement certification shall require that persons have training and education in the following areas:

     (1) mold hazard abatement procedures developed by the department pursuant to subsection b. of section 2 of this act;

     (2) specialized cleaning, repairs, maintenance, painting, temporary containment and ongoing monitoring of mold hazards or potential hazards;

     (3)  removal of mold and the abatement of the underlying cause of mold and associated water intrusion and water damage in indoor environments;

     (4)  removal or cleaning of contaminated materials in a manner that protects the health of the person performing the mold hazard abatement, including requirements for the use of protective clothing or equipment;

     (5)  all applicable State and federal law, rules and regulations; and

     (6)  any other training or education the department deems appropriate.

     c.  In establishing certification programs for mold inspection and mold hazard abatement, the Department of Community Affairs may:

     (1)  charge an annual fee for any persons certified pursuant to subsection a. or b. of this section;

     (2)  require continuing education or training for certified inspectors or abatement workers; and

     (3)  conduct examinations to determine whether an applicant has sufficient knowledge of the State and federal law, rules and regulations, and any standards or requirements applicable to the inspection or abatement of mold hazards, as the case may be.    

 

     4.  a.  Any person who inspects a residential building interior for the presence of mold shall be certified by the Department of Community Affairs pursuant to subsection a. of section 3 of this act. 

     b.  Any person who performs mold hazard abatement work in a residential building shall be certified pursuant to subsection b. of section 3 of this act.    

     5.  The Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act, including, but not limited to: the establishment of exposure limits to mold in residential buildings, standards for mold hazard abatement, and requirements for a mold inspection certification program and a mold abatement certification program.

 

     6.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require the Department of Community Affairs to establish standards for exposure limits to mold in residential buildings that are protective of the public health and safety, and procedures for the inspection, identification, and evaluation of the interior of residential buildings for mold.  The department would also be required to establish standards for mold hazard abatement procedures including specialized cleaning, repairs, maintenance, painting, temporary containment and ongoing monitoring of mold hazards or potential hazards.

     This bill would further require the department to establish a certification program for persons who inspect for the presence of mold hazards in residential buildings and who perform mold hazard abatement work in residential buildings.