The bill enacts the Mold Awareness and Registration Act, which introduces new public health measures concerning mold awareness, remediation, and disclosure in residential properties. Here are the key provisions:
Section 1: Mold Awareness and Public Education
Public Awareness Campaign: The Department of Public Health and Environment (DPHE) is tasked with creating a public education campaign to help the public understand:
The health dangers of mold.
The importance of mold removal in indoor environments to protect public health.
The State Board of Health will adopt rules governing the campaign.
As part of the campaign, the department will:
Educate the public about mold-related health risks.
Provide contact information for organizations or agencies that can offer further guidance on mold health effects, testing methods, and industry standards for mold remediation.
Every 5 years, conduct a review of the latest technology and treatment techniques for identifying and removing mold, ensuring they meet public health and safety standards.
Registration for Mold Remediation and Assessment
Mold Remediation Registration: The executive director of the department is required to issue a registration for individuals who provide mold remediation or assessment services in the state. The registration will be granted if the individual:
Applies for registration.
Provides proof of active third-party certification in mold remediation or assessment.
Shows evidence of financial responsibility.
A public database of all individuals who have been issued a registration will be maintained on the department's website, allowing the public to verify qualified professionals.
Sections 2 and 3: Disclosure Requirements for Residential Real Property
Disclosure for Residential Real Property Transactions:
When selling residential real property, the contract must include:
A warning statement about the health dangers of mold.
A statement regarding any knowledge the seller has of mold concentrations or history on the property, including any assessments or remediation.
The most recent brochure from the department on the health dangers of mold.
Landlord Responsibilities:
Landlords must provide prospective tenants with:
The same warning statement about mold health risks.
Any known mold history or assessments related to the property, including past remediation efforts.
The latest department brochure with information on mold risks.
Purpose and Benefits:
Health Protection: The bill focuses on informing the public about the health risks of mold and how to deal with mold-related issues in their homes.
Transparency and Accountability: By requiring disclosure of mold history in real estate transactions and rental properties, the bill ensures that potential buyers and renters are aware of any mold-related concerns before making decisions.
Qualified Professionals: The registration of mold remediation professionals ensures that only qualified individuals can conduct mold assessments and remediation, improving public safety and ensuring effective mold management.
The bill aims to enhance public understanding of mold-related health risks and encourage responsible mold management in homes and buildings.
Summary
Section 1 of the bill enacts the Mold Awareness and Registration
Act, which requires the department of public health and environment (department) to establish a public awareness campaign (campaign) to assist the public in understanding the health dangers of mold and the importance of removing mold from indoor environments. The department is directed to establish the campaign, and the state
board of health is directed to adopt rules governing the campaign. As part of the campaign, the department is required to:
•
Inform the public on the health dangers of mold;
•
Provide the public with contact information for organizations or government agencies that can provide further information relating to the health effects of mold, mold testing methods, or accredited industry standards for mold remediation; and
•
Every 5 years, perform a review of the technology or treatment techniques for mold identification and remediation that protect public health and safety. Section 1 also requires the executive director of the department to
issue a registration to a person that provides mold remediation or assessment services in the state if the person applies for registration and provides evidence of an active third-party remediation or assessment certification, as well as evidence of financial responsibility. The executive director is required to maintain on the department's website a public database of all persons that have been issued a registration. Sections 2 and 3 require a contract to sell residential real property
to contain, and a landlord of residential real property to provide to prospective tenants, in writing:
•
A warning statement about the health dangers of mold;
•
Any knowledge the seller or landlord has of the residential real property's mold concentrations and history, including assessments performed, reports written, and mitigation or remediation conducted; and
•
The most recent brochure published by the department that provides information about the health dangers of mold in indoor environments.
