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Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NOS.:         RULE TITLES:

61-31.701             Minimum Standards and Practices for Mold Assessors

61-31.702             Minimum Standards and Practices for Mold Remediators

PURPOSE AND EFFECT: The purpose and effect of the proposed rules are to establish minimum standards and practices for mold assessors and mold remediators.

SUMMARY: These rules will create minimum standards and practices for mold assessors and mold remediators.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 468.8424 FS.

LAW IMPLEMENTED: 468.842(1)(j) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brittany B. Griffith, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850)488-0062

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-31.701 Minimum Standards and Practices for Mold Assessors.

(1) The mold assessor shall inspect and physically sample all areas where there are physical indicators of mold growth to identify the presence of mold growth of greater than 10 square feet. The mold assessor shall use personal protective equipment such as gloves and respiratory protection (e.g., N-95) if performing the inspection will disturb mold.

(2) The mold assessor shall prepare, for the client, a Mold Assessment Evaluation (MAE), which is a document that shall specify the following information:

(a) The name and license number of the mold assessor who performed the mold assessment;

(b) The origin and identity of the mold growth;

(c) The room(s) or area(s) where mold growth is present;

(d) The estimated extent of the mold growth (in square feet) in each room or area; and

(e) The specific indicators of mold growth identified during the inspection referenced in subsection (1), including, at a minimum:

1. Suspect mold growth,

2. Musty odor,

3. Moisture damage, and

4. Damp building materials or conditions.

(3) The mold assessor shall document the location and material sampled, the sampling method used, the date the sample was collected, the name of the person who collected the sample, the sample identification code, and the project name or number for each physical sample of mold growth. The mold assessor shall also document the sample’s chain of custody, which shall include who has possession of the sample and where the sample is located, until the sample is submitted to a laboratory for analysis as described in subsection (4).

(4) The mold assessor shall submit all mold samples to a laboratory certified by the American Industrial Hygiene Association (AIHA) in accordance with the Environmental Microbiology Proficiency Analytical Testing (EMPAT) Program for analysis.

Rulemaking Authority 468.8424 FS. Law Implemented 468.842(1)(j) FS. History–New_________.

 

61-31.702 Minimum Standards and Practices for Mold Remediators.

(1) Mold Remediation Work Plan (MRWP). The mold remediator shall prepare, for the client, a written MRWP, which is a document that shall specify the following information:

(a) The name and license number of the mold remediator who will perform the mold remediation;

(b) Specific procedures for how the mold remediation will be performed;

(c) The mold remediator’s proposed method to stop the source of moisture intrusion and/or humidity within the building (which may require an appropriate building moisture expert, plumber, roofer, air conditioning or mechanical contractor and/or drying contractor or tradesperson to identify and repair the moisture intrusion problem); and

(d) The steps the mold remediator will take to physically remove the mold while protecting the health and safety of the building occupants and mold remediation workers.

(2) When preparing the MRWP, the mold remediator shall:

(a) Inform the client and building occupants of activities that will disturb or will have the potential to disturb areas of mold contamination before the mold remediation begins;

(b) Determine requirements for building containment area(s) and/or isolation requirements;

(c) Identify the methods, equipment, and techniques to be used during the mold remediation; and

(d) Determine the mold remediation worker personal protective equipment (PPE) requirements for the mold remediation.

(3) HVAC System(s). Prior to performing the mold remediation, the mold remediator shall determine whether the building HVAC system(s) should be shut down and/or isolated from the mold remediation work area(s).

(4) When performing a mold remediation, the mold remediator shall:

(a) Ensure that the mold remediation work area is unoccupied;

(b) Cover surfaces within the mold remediation work area that could become contaminated during the mold remediation with 6-mil, fire retardant polyethylene sheeting before the mold remediation;

(c) Cover ventilation and HVAC ducts and grills within the containment area with 6-mil, fire retardant polyethylene sheeting before the mold remediation to contain dust and debris and prevent further contamination;

(d) Determine whether humidity control is required for the mold remediation;

(e) Use wet methods, High-Efficiency Particulate Air (HEPA) vacuum-shrouded tools, and/or HEPA vacuum equipment at the point of dust generation when using mold remediation practices that create excessive dust such as cutting, grinding, and/or resurfacing materials;

(f) Remove mold contaminated materials that cannot be cleaned in place from the building in sealed impermeable plastic bags and/or wrapped in 6-mil, fire retardant polyethylene sheeting for either disposal or off-site cleaning and HEPA vacuum the area from which the materials were removed after the area has dried; and

(g) Display signs advising that a mold remediation project is in progress at all accessible entrances to areas undergoing mold remediation. The signs shall bear the words “NOTICE: Mold remediation in progress” in at least a 72-point font in black on a yellow background.

(5) When performing a mold remediation for an area of 10 to 100 ft2 of surface area of mold contamination, the mold remediator shall:

(a) Ensure that all mold remediation workers wear gloves, eye protection, and respiratory protection (e.g., N-95 disposable respirator); and

(b) Construct a Limited Containment area as follows:

1. Prepare the containment area by protecting environmental surfaces and contents with a single layer of 6-mil, fire retardant polyethylene sheeting and/or enclosing the mold remediation area with a layer of 6-mil, fire retardant polyethylene sheeting on the walls and floors;

2. If the mold remediation involves and/or exposes a space above the ceiling used as a return air plenum (i.e., mold impacted ceiling tile removal), the containment area shall be installed from the floor to the roof deck accordingly;

3. When enclosing the mold remediation work area, install an entry or egress slit opening with a cover flap on the outside of the containment area;

4. Shutdown and/or isolate HVAC system(s) operation within the containment area;

5. When enclosing the mold remediation work area, seal all HVAC supply and return air vents, exhaust systems, doorways, chases, and risers within the containment area with a single layer of 6-mil, fire retardant polyethylene sheeting; and

6. Maintain the containment area under negative pressure (i.e., recommended 0.02” H2O) relative to the surrounding area outside containment. Note: utilizing negative-pressure differentials within building structures can create unintended airflow hazards in both hot and humid and cold climate conditions; therefore, the mold remediator shall exercise caution in an effort to prevent or minimize these unintended airflow hazards.

(6) When performing a mold remediation for an area of greater than 100 ft2 of surface area of mold contamination, the mold remediator shall:

(a) Ensure that all mold remediation workers wear PPE, which includes respirators, gloves, eye protection, and full body coveralls with head and foot coverings; and

(b) Construct a Full Containment area as follows:

1. Form the containment area by enclosing the mold remediation area with a double layer of 6-mil, fire retardant polyethylene sheeting on the walls and floors;

2. If the mold remediation involves and/or exposes a space above the ceiling used as a return air plenum (i.e., mold impacted ceiling tile removal), the containment area shall be installed from the floor to the roof deck accordingly;

3. Construct a decon chamber (i.e., with dirty and clean side airlock rooms) for entry and egress;

4. Decon chamber entryways (i.e., mold remediation area and clean room side) shall consist of a slit entry with covering flaps on the outside surface of each slit entry;

5. The decon chamber dirty room side shall be large enough to hold a waste container and allow for the removal of protective clothing (i.e., disposal coveralls, gloves, head and foot coverings). All PPE except respirators shall be removed and placed in the waste container while in this chamber;

6. The decon chamber clean room side shall be large enough to allow mold remediation workers to put on and remove PPE as they enter and exit the dirty room;

7. Shut down and/or isolate HVAC system(s) operation within the containment area;

8. Cover all HVAC supply and return air vents, exhaust systems, doorways, chases and risers within the containment area with a single layer of 6-mil, fire retardant polyethylene sheeting; and

9. Maintain the containment area under negative pressure (i.e., recommended 0.02” H2O) relative to surrounding area outside containment. Note: utilizing negative-pressure differentials within building structures can create unintended airflow hazards in both hot and humid and cold climate conditions; therefore, the mold remediator shall exercise caution in an effort to prevent or minimize these unintended airflow hazards.

(7) If the mold remediator knows or suspects that the mold contaminated materials are contaminated with sewage, chemical pollutants, or biological pollutants, then the mold remediator and his or her workers shall use PPE, which includes respirators, gloves, eye protection, and full body coveralls with head and foot coverings.

(8) The following guidelines shall be followed for the mold remediation of materials with mold growth:

 

Table 1

Guidelines for Mold Remediation of Materials with Mold Growth

Material or Furnishing Affected

Cleanup Methods

 

Total Surface Area Affected Between 10 and 100 ft2

Books and papers

3

Carpet and backing

1, 3

Concrete or cinder block

1, 3

Hard surface, porous flooring (linoleum, ceramic tile, vinyl)

1, 2, 3

Non-porous, hard surfaces (plastics, metals)

1, 2, 3

Upholstered furniture & drapes

1, 3

Wallboard (drywall and gypsum board)

3

Wood surfaces

1, 2, 3

Total Surface Area Affected Greater Than 100 ft2 or Potential for Increased Occupant or Mold Remediator Exposure During Mold Remediation Estimated to be Significant

Books and papers

3

Carpet and backing

1, 3

Concrete or cinder block

1, 3

Hard surface, porous flooring (linoleum, ceramic tile, vinyl)

1, 2, 3

Non-porous, hard surfaces (plastics, metals)

1, 2, 3

Upholstered furniture & drapes

1, 3

Wallboard (drywall and gypsum board)

3

Wood surfaces

1, 2, 3

 

Cleanup Methods Key:

Method 1: Wet vacuum or, in the case of carpets and upholstered materials, steam clean.

Method 2: Damp-wipe surfaces with water and detergent solution unless the surface is wood. Damp-wipe wood surfaces with wood floor cleaner.

Method 3: High-Efficiency Particulate Air (HEPA) vacuum after the material has been thoroughly dried. Dispose of the contents of the HEPA vacuum in well-sealed plastic bags.

 

(9) At the conclusion of the mold remediation, the mold remediator shall:

(a) HEPA vacuum and then clean, with a damp cloth (or mop) and a detergent, the mold remediation work area as well as access and egress areas;

(b) Place the polyethylene sheeting that was used for containment or as surface covers in sealed impermeable plastic bags and remove the bags from the building for disposal;

(c) Leave all areas and surfaces dry and visibly free of contamination and debris; and

(d) Provide the client with documentation clearly stating the mold remediation has been successfully completed.

Rulemaking Authority 468.8424 FS. Law Implemented 468.842(1)(j) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Executive Director, Mold-Related Services Licensing Program, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2014

American Council for Accredited Certification

Post Office Box 1000, Yarnell, AZ 85390

888-808-8381

www.acac.org

 

 

 
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