[Second Reprint]

ASSEMBLY, No. 1588

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  CELESTE M. RILEY

District 3 (Cumberland, Gloucester and Salem)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen and Passaic)

Assemblyman  RUBEN J. RAMOS, JR.

District 33 (Hudson)

 

Co-Sponsored by:

Assemblymen S.Kean, McKeon, Coughlin, Assemblywomen Mosquera and Lampitt

 

 

 

 

SYNOPSIS

     Requires DCA to establish standards concerning mold hazards in residential building interiors and school facilities, and certification programs for mold inspectors and mold hazard abatement workers.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on February 14, 2013.

  


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.

     2"District" means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county special services school district established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, an educational services commission, a jointure commission or board, and a commission under the authority of the Commissioner of Education or the State Board of Education.2

     "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, Fusarium, Trichoderma, Memnoniella, Mucor and Stachybotrys Chartarum, often found in water-damaged building materials.

     2"School facility" means and includes any structure, building or facility used wholly or in part for educational purposes by a district or a charter school.2

 

     2.    a.  Within 1[one year] six months1 after the effective date of this act, the Department of Community Affairs, in consultation with the Department of Health 1and the Department of Labor and Workforce Development1, 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 2and school facilities2 that are protective of the public health and safety; and (2) procedures for the inspection, identification, and evaluation of the interior of residential buildings 2and school facilities2 for mold.

     b.    Within 1[one year] six months1 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 1[18] 121 months after the effective date of this act, the Department of Community Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to establish a program for the certification of persons who inspect for the presence of mold hazards in residential buildings 2and school facilities2.  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 2and new technologies2 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 1[18] 121 months after the effective date of this act, the department shall adopt rules and regulations pursuant to the "Administrative Procedure Act" to 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 2and school facilities2.  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 appropriate1, including but not limited to the successful completion of an outreach training program for the construction industry 2or general industry2 that has been approved by the federal Occupational Safety and Health Administration in the United States Department of Labor as an orientation to the occupational safety and health of workers covered by section 1926 of title 29, Code of Federal Regulations1.

     c.     In establishing the certification programs for mold inspection and mold hazard abatement required pursuant to subsections a. and b. of this section, 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 1the successful completion of a course of1 continuing education or training for certified inspectors or abatement workers 1at least once every two years1; 1[and]1

     (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 be1; and

     (4)   adopt rules and regulations pursuant to the "Administrative Procedure Act" to provide for the enforcement and compliance with the mold inspection and mold hazard abatement certification programs established pursuant to subsection a. and b. of this section, which rules and regulations may provide for the suspension, revocation, or refusal to issue or renew a certification issued to persons by the department and may provide for the imposition of penalties on persons who violate provisions of the certification programs established pursuant to subsection a. and b. of this section and persons who inspect residential building interiors 2or school facilities2 for the presence of mold or perform mold hazard abatement work in residential buildings 2or school facilities2 in violation of section 4 of this act1.

     1d.   In establishing the certification programs for mold inspection and mold hazard abatement required pursuant to subsections a. and b. of this section, the Department of Community Affairs may grant certifications to a person who demonstrates to the department that the person has successfully completed an accredited program in mold inspection and remediation by a nationally accepted accreditation organization that requires persons enrolled in the program to have training and education that is determined by the department to be equal to or greater than the level of training and education required of persons certified pursuant to subsection a. or b. of this section; provided however, that a person granted certifications pursuant to this subsection shall be required to pay any annual fees charged by the department pursuant to paragraph (1) of subsection c. of this section, be required to successfully complete any course of continuing education and training for certified inspectors or abatement workers required by the department pursuant to paragraph (2) of subsection c. of this section,  and be subject to any rules and regulations adopted pursuant to paragraph (4) of subsection c. of this section.1

     1[d] e1.      An employee engaged in routine maintenance of a multiple dwelling owned or managed by their employer shall not be required to complete the certification programs established pursuant to this section in order to address the presence of mold in the multiple dwelling owned or managed by their employer; however, nothing in this subsection shall be construed to exempt multiple dwellings from otherwise complying with the standards and procedures adopted by the Department of Community Affairs pursuant to section 2 of this act.

     2f.    A residential property owner shall not be required to complete the certification programs established pursuant to this section in order to perform mold inspection or mold abatement work on his own property.2

 

     4.    On the first day of the sixth month following adoption of the rules and regulations required pursuant to section 3 of this act:

     a.     Any person who inspects a residential building interior 2or a school facility2 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 2or a school facility2, except as otherwise provided in 2[subsection d.] subsections e. and f.2 of section 3 of this act, shall be certified by the department pursuant to subsection b. of section 3 of this act.

 

     5.    This act shall take effect immediately.