New Jersey-2022-A3274-Introduced

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. 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, evaluation, and abatement 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.

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;

(4) maintain a list of the names and addresses of all persons registered with the department pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and annually forward the list to the Division of Consumer Affairs in the Department of Law and Public Safety for inclusion and publication as an additional contractor list pursuant to the "Contractors' Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.); and

(5) 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 district employee engaged in routine maintenance of a school facility 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 school facility owned or managed by their employer; however, nothing in this subsection shall be construed to exempt districts from otherwise complying with the procedures adopted by the Department of Community Affairs pursuant to section 2 of this act.

g. 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., f., and g. 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 requires the Department of Community Affairs (DCA) to establish certification programs for persons who wish to conduct mold inspections and mold hazard abatements, respectively, on residential buildings and school facilities. The bill also requires the DCA to establish procedures for the inspection and abatement of mold hazards in residential buildings and school facilities. These procedures would be used to develop the two certification programs and be based on industry standards and guidelines developed by the United States Environmental Protection Agency.

Under the bill, beginning on the first day of the sixth month after the DCA has established the certification programs, any person who conducts a mold inspection or mold hazard abatement on a residential building or school facility is required to possess the applicable certification. Moreover, the bill prohibits any person from presenting himself as an expert in mold inspection or mold hazard abatement unless certified by the DCA in accordance with the bill.

However, the bill provides that an employee of a multiple dwelling or school district, who is engaged in the routine maintenance of a multiple dwelling or school facility, would not be required to possess either certification in order to address the presence of mold in a multiple dwelling or school facility owned and managed by their employer, provided that the multiple dwelling or school district otherwise complies with the procedures established by the DCA concerning the inspection, identification, evaluation, and abatement of mold hazards. In addition, a residential property owner would not be required to complete the certification programs in order to perform mold inspections or mold hazard abatements on his own property.

The bill authorizes the DCA to (1) charge an annual fee for persons possessing the mold inspection and abatement certifications; (2) require the successful completion of a continuing education course for certified inspectors or abatement workers at least once every two years; and (3) 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. The bill also authorizes DCA to maintain a list of the names and addresses of all persons certified by DCA in accordance with the bill, and annually forward the list to the Division of Consumer Affairs in the Department of Law and Public Safety for inclusion and publication as an additional contractor list pursuant to the "Contractors' Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.). In addition, the bill authorizes the DCA to adopt rules and regulations to enforce compliance with the mold inspection and mold hazard abatement certification programs established by the bill.

The bill also authorizes the DCA to grant mold inspection and mold hazard abatement certifications to persons who demonstrate that they have successfully completed an accredited program in mold inspection and mold hazard abatement by a nationally accepted accreditation organization, provided that those persons pay the annual fee charged by the DCA, complete any continuing education course required by the DCA, and comply with any other rules and regulations adopted by the DCA.