Real Estate Journal — NJAA CONFERENCE & EXPO — May 15 - 28, 2015 — 5C
M id A tlantic
2015 NJAA C onference & E xpo
By Lee Wasserman, LEW Corporation NY State’s new mold law: Are you ready?
defensible Professional Qual- ity Mold Sampling Kits are available at www.certifiedkit. com), (2) A non-residential property owner, or the em- ployee of such owner, who performs mold assessment or remediation on an apartment building owned by that person that has not own more than four dwelling units (i.e. small residential landlords < 4 units/ bldg.), and (3) An owner or a managing agent or a full-time employee of an owner, who performs mold assessment or remediation on commercial property owned by the owner
n January 29th 2015, Governor Cuomo , signed into law, Bill
mold-related services. This bill will ensure that the public is protected from unscrupulous contractors offering mold as- sessment and/or remediation, and that licensed persons and/ or businesses engaged in mold assessment and/or remedia- tion will be properly trained.” New York’s Mold licensing requirements state that no person shall be licensed to conduct mold related services unless they, (a) Are eighteen years of age or older, (b) Have satisfactorily completed a De- partment of Labor-approved course, and (c) Have paid
the appropriate fees. It is a violation of New York’s Mold licensing requirements for a contractor to engage in mold assessment or mold remedia- tion without a license issued by NY State Department of Labor. However, there are a few exceptions of persons who shall not be required to obtain a license in order to performmold assessments and remediation and they are, (1) A residential property owner who performs mold inspection, assessment or remediation on his or her own property. (Do it yourself certified lab, legally
provided, however they do not offer such services for the general public (Commercial buildings ONLY). ALL others per the bill that was passed should be licensed to Assess or Remediate Mold in New York State as of July 28th 2015!! The law also prohibits any person licensed to perform mold-related services from acting as both the mold assess- ment contractor and the mold remediation contractor! The Law will require a mold assessment licensee to prepare a mold remediation plan that continued on page 20C
s3667D-2013. According to the Bill, this Mo l d L a w shou l d be - come effec- tive 180 days after signing, which should be on July 28,
2015, (Less than THREE (3) months away)!! The law will go into effect and the rules will be promulgated shortly after. This law will amend New York State’s labor law by introducing Article 32, re- quiring the licensure of mold assessment and remediation specialists and setting mini- mumwork standards for mold assessment and remediation practitioners. The Purposes of the Law, known as Article 32 of the Labor Law, is to ensure the safety of the general public by ensuring that only licensed professionals are performing mold assessment, abatement, and remediation. Because of the extensive moisture and flooding event of Hurricane Sandy and the un- fortunate experiences of many in need of repair and recon- struction, New York State has responsibly acknowledged the need for a Mold law by stating in the Bill’s preamble, “Sev- eral months after Hurricane Sandy ravaged parts of New York with massive flooding, there is an increasing public health risk associated with mold growth in residential and commercial buildings. Mold exposure causes respiratory health problems and people, (especially children), with asthma are particularly vul- nerable to illnesses frommold exposure. Mold can also some- times cause even more serious health problems. Many people do not fully understand mold problems, the causes of mold in buildings, and the proper assessment and/or remedia- tion when a mold problem exists. As a result, it is in the interest of the public safety and welfare to prevent future damage to real and personal property, minimize the public health risks posed by mold in public and private buildings, and avert economic injury to NYS residents by regulating persons and companies that hold themselves out to the public as qualified to perform
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