Bill Text: NJ A1418 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for registration of mold inspectors and remediators.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-01-06 - Withdrawn from Consideration [A1418 Detail]
Download: New_Jersey-2010-A1418-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Provides for registration of mold inspectors and remediators.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning mold inspectors and remediators and supplementing Title 45 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:
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"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, Fuarim, Trichoderma, Memnoniella, Mucor and Stachybotrys Chartarum, often found in water-damaged building materials.
"Mold hazard" means any exposure level to mold great enough to result in adverse human health effects.
"Mold inspection" means testing for the presence of mold hazards in residential housing.
"Mold inspector" means any person registered as a mold inspector in accordance with the provisions of this act.
"Mold remediation" means utilizing a set of measures designed to mitigate mold hazards through the use of interim controls or to permanently eliminate mold hazards in residential housing.
"Mold remediator" means any person registered as a mold remediator in accordance with the provisions of this act.
"Residential housing" means any residential dwelling unit, whether detached or attached or in the form of a multiple dwelling, for occupancy by persons as their usual and permanent residence.
2. a. No person shall provide, nor present, call or represent himself as able to provide a mold inspection or mold remediation for compensation unless registered in accordance with the provisions of this act.
b. Every applicant for registration to perform a mold inspection or mold remediation shall file an application with the director on a form provided by the division, which form shall be accompanied by a reasonable fee, set by the director in an amount sufficient to defray the division's expenses incurred in administering and enforcing this act. Applications for renewal registration shall be filed with the director annually on a form provided by the division and accompanied by a renewal fee set by the director.
c. Every mold inspector or mold remediator required to register under this act shall file an amended registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment.
3. The provisions of this act shall not apply to any person in a profession requiring registration, certification or licensure by the State or federal government, who is acting within the scope of his profession.
4. In addition to any other procedure, condition or information required by this act:
a. Every applicant shall file a disclosure statement with the director stating whether the applicant has been convicted of any of the following crimes or offenses, or an attempt or conspiracy to commit any of the following crimes or offenses, in this State or any other state:
(1) Any crime of the first degree;
(2) Any crime of the second or third degree in violation of any of the provisions of chapter 20 or 21 of Title 2C of the New Jersey Statutes; or
(3) Any crime in violation of N.J.S.2C:11-2 through 2C:11-4, 2C:12-1, 2C:12-3, 2C:13-1, 2C:14-2, 2C:15-1, subsection a. or b. of 2C:17-1, subsection a. or b. of 2C:17-2, 2C:18-2, 2C:20-4, 2C:20-5, 2C:20-7, 2C:20-9, 2C:21-2 through 2C:21-4, 2C:21-6, 2C:21-7, 2C:21-12, 2C:21-14, 2C:21-15, or 2C:21-19, chapter 27 or 28 of Title 2C of the New Jersey Statutes, N.J.S.2C:30-2, 2C:30-3, 2C:35-5, 2C:35-10, 2C:37-1 through 2C:37-4.
b. The director may refuse to issue or may suspend or revoke any registration issued by him if the applicant or holder of the registration:
(1) Has obtained a registration through fraud, deception or misrepresentation;
(2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
(3) Has engaged in gross negligence, gross malpractice or gross incompetence;
(4) Has engaged in repeated acts of negligence, malpractice or incompetence;
(5) Has engaged in professional or occupational misconduct as may be determined by the director;
(6) Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by this act. For the purpose of this subsection, a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;
(7) Has had his authority to engage in the activity regulated by the director revoked or suspended by any other state, agency or authority for reasons consistent with this section;
(8) Has violated or failed to comply with the provisions of any act or regulation administered by the director;
(9) Is incapable, for medical or any other good cause, of discharging the functions of a registrant in a manner consistent with the public's health, safety and welfare; or
(10) Has failed to demonstrate to the satisfaction of the director that he has the appropriate training or education, as determined by the director through rules and regulations, to discharge the functions of a registrant in a manner consistent with the public's health, safety and welfare.
c. The director, in lieu of suspending or revoking a registration, may assess a monetary penalty against a person who has violated the provisions of this act. Nothing contained in this act shall be construed to preclude the director from issuing a new registration, notwithstanding the revocation of a prior registration, if the applicant is found to have become entitled to the new registration.
d. An applicant or registrant whose registration is denied, suspended or revoked pursuant to this section shall, upon a written request transmitted to the director within 30 calendar days of that action, be afforded an opportunity for a hearing in a manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
e. An applicant or registrant shall have the continuing duty to provide any assistance or information requested by the director, and to cooperate in any inquiry, investigation or hearing conducted by the director.
f. If any of the information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the director, in writing, within 30 calendar days of the change or addition.
5. a. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any provision of this act.
b. In addition to any other penalty provided by law, a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree.
6. The director, after consultation with the Department of Health and Senior Services, shall adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
7. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill provides for the annual registration of persons performing mold inspections or mold remediations. As defined in this bill, "mold inspection" means testing for the presence of mold hazards in residential housing and "mold remediation" means utilizing a set of measures designed to mitigate mold hazards through the use of interim controls or to permanently eliminate mold hazards in residential housing.
The bill stipulates that no person shall provide, nor present, call or represent himself as able to provide a mold inspection or mold remediation for compensation unless registered in accordance with the bill's provisions.
In addition, the bill authorizes the Director of the Division of Consumer Affairs to refuse to issue, or to suspend or revoke the registration of any person who violates its provisions. Also, every applicant for registration must file a disclosure statement with the director, stating whether the applicant has been convicted of certain crimes.
The provisions of the bill do not apply to any person in a profession requiring registration, certification or licensure by the State or federal government, who is acting within the scope of his profession.
