ASSEMBLY, No. 1007

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  CELESTE M. RILEY

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

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

 

 

 

 

SYNOPSIS

     Requires DCA to establish procedures for inspection and abatement of mold hazards in residential buildings and school facilities, and certification programs for mold inspectors and mold hazard abatement workers.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

 


An Act concerning mold inspection and 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.

     "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.

     "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.

     "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.    a.  Within six months after the effective date of this act, the Department of Community Affairs, in consultation with the Department of Health and the Department of Labor and Workforce Development, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that establish procedures for the inspection, identification, and evaluation of the interior of residential buildings and school facilities for mold based upon, but not limited to, industry standards and standards and guidelines developed by the United States Environmental Protection Agency.

     b.    Within six months 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 procedures 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 12 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 and school facilities.  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 procedures developed therefor pursuant to subsection a. of section 2 of this act;

     (2)   scientifically recognized procedures and new technologies 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 laws, rules and regulations; and

     (5)   any other area the department deems relevant.

     b.    Within 12 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 and school facilities.  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 laws, rules and regulations; and

     (6)   any other training or education the department deems appropriate, including but not limited to the successful completion of an outreach training program for the construction industry or general industry 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 part 1926 of title 29, Code of Federal Regulations.

     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 the successful completion of a course of continuing education or training for certified inspectors or abatement workers at least once every two years;

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

     (4)   adopt rules and regulations pursuant to the "Administrative Procedure Act" to provide for:

     (a) the enforcement and compliance with the mold inspection and mold hazard abatement certification programs established pursuant to subsections a. and b. of this section, which may provide for the suspension, revocation, or refusal to issue or renew a certification issued to persons by the department; and

     (b) the imposition of penalties on any person who (i) violates any provision of the certification programs established pursuant to subsections a. and b. of this section, or (ii) inspects residential building interiors or school facilities for the presence of mold or performs mold hazard abatement work in residential buildings or school facilities in violation of section 4 of this act.

     d.    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 a certification to a person who demonstrates to the department that the person has successfully completed an accredited program in mold inspection or mold hazard abatement, as the case may be, by a nationally accepted accreditation organization which 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, respectively; provided however, that a person granted a certification pursuant to this subsection shall be required to pay the appropriate annual fee charged by the department pursuant to paragraph (1) of subsection c. of this section, 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.

     e.    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 procedures adopted by the Department of Community Affairs pursuant to section 2 of this act.

     f.     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.

 

     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 or a school facility 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 or a school facility, except as otherwise provided in subsections e. and f. of section 3 of this act, shall be certified by the department pursuant to subsection b. of section 3 of this act.

     c.  No person shall present himself to the public as an expert in mold inspection or mold hazard abatement work unless certified by the Department of Community Affairs pursuant to subsection a., b., or d., as applicable, of section 3 of this act.

 

     5.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides for the establishment of certain procedures for the inspection for, and abatement of, mold hazards in residential buildings and school facilities, and provides for the establishment of programs to certify mold inspectors and mold hazard abatement workers.

     The bill requires the Department of Community Affairs (DCA), in consultation with the Department of Health and the Department of Labor and Workforce Development, to adopt, within six months of the effective date of the bill, rules and regulations that establish procedures for the inspection, identification, and evaluation of the interior of residential buildings and school facilities for mold.  Further, the bill requires the DCA to adopt, within six months of the effective date of the bill, rules and regulations that establish mold hazard abatement procedures including specialized cleaning, repairs, maintenance, painting, temporary containment, and ongoing monitoring of mold hazards or potential hazards.

     The bill requires the DCA to adopt, within 12 months of the effective date of the bill, rules and regulations to establish a certification program for persons who inspect for the presence of mold hazards in residential buildings and school facilities.  The bill also requires the DCA to adopt, within 12 months of the effective date of the bill, rules and regulations to establish a certification program for persons who perform mold hazard abatement work in residential buildings and school facilities.

     The bill authorizes the DCA to charge an annual fee for the certification of persons who inspect for the presence of mold and perform mold hazard abatement, require the successful completion of a course of continuing education or training for certified inspectors or abatement workers at least once every two years, conduct examinations to determine an applicant’s proficiency with respect to State and federal laws, rules, and regulations and any standards or requirements applicable to the inspection or abatement of mold hazards, and adopt rules and regulations to provide for the enforcement of, and compliance with, the mold inspection and mold hazard abatement certification programs established by the bill.

     The bill authorizes the DCA to also grant mold inspection and mold hazard abatement certifications to persons who are able to demonstrate that they have successfully completed an accredited program in mold inspection and mold hazard abatement by a nationally accepted accreditation organization.  The bill provides that the accredited program must require 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 who are otherwise certified by the department, that persons granted certification as a result of the successful completion of an accredited program pay the appropriate annual fee charged by the department, complete any course of continuing education and training for certified inspectors or abatement workers required by the department, and be subject to any other rules and regulations adopted by the department.

     The bill provides that on the first day of the sixth month following the adoption of rules and regulations concerning the establishment of programs to certify mold inspectors and mold hazard abatement workers, any person who inspects for the presence of mold hazards in residential buildings and school facilities and any person who performs mold hazard abatement work in those buildings must be certified by the DCA.  The bill allows only certified contractors to represent themselves to the public as experts in mold inspection or mold hazard abatement, as applicable.

     The bill provides that an employee engaged in routine maintenance of a multiple dwelling owned or managed by their employer will not be required to complete the certification program for mold inspectors or mold hazard abatement workers to address the presence of mold in the multiple dwelling owned or managed by their employer.