Revision: Jan. 21, 2009, midnight
HB 482 – AS INTRODUCED
2009 SESSION
08/10
HOUSE BILL 482
AN ACT relative to mold assessment, testing, and remediation.
SPONSORS: Rep. French, Merr 5; Rep. Beck, Hills 2; Rep. D. Petterson, Rock 10; Sen. Merrill, Dist 21
COMMITTEE: Commerce and Consumer Affairs
This bill requires persons providing residential mold assessment or remediation services for mold contamination in residential dwellings be certified by certain professional organizations.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0133
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to mold assessment, testing, and remediation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Mold Assessment and Remediation. Amend RSA 141 by inserting after chapter 141-J the following new chapter:
CHAPTER 141-K
MOLD ASSESSMENT AND REMEDIATION
141-K:1 Statement of Policy.
I. The general court finds that the health impacts of indoor mold are a growing concern in New Hampshire. Exposure to molds can cause allergic diseases such as allergic rhinitis/conjunctivitis, allergic asthma, and hypersensitivity pneumonitis. It can also cause people to develop asthma or cause exacerbations of asthma in those who already have the disease. In addition, people with weakened immune systems or chronic lung diseases are more susceptible to mold-related infections.
II. The general court also finds that in order to protect the health of the public and assure consumer protection, it is imperative that persons providing residential mold assessment and remediation services for remuneration be knowledgeable and qualified to perform such services effectively.
III. Therefore, in order to protect the health of the public from this threat, it shall be the policy of the state to require that certain persons who perform assessment or remediation services for mold contamination in homes and dwellings are qualified by education and training in the specific technical areas involved.
141-K:2 Definitions. In this chapter:
I. “Mold” means an organism of the class of fungi that causes disintegration of organic matter and produces spores as well as any spores, hyphae, and mycotoxins that are produced by mold.
II. “Mold assessment” means:
(a) An inspection, investigation, or survey of a dwelling or other structure to provide information to the owner regarding the presence, identification, or evaluation of mold;
(b) The development of a mold remediation specification or protocol; or
(c) The collection or analysis of a mold sample.
III. “Mold remediation” means the removal, cleaning, sanitizing, demolition, or treatment of mold or mold-contaminated matter, live or dead, in a specific location.
IV. “Board certified IAQ professional” means a certification as an IAQ professional by a certification body that is compliant with International Organization for Standardization Standard 17024 and accredited by the Council for Engineering and Scientific Specialty Boards (CESB).
141-K:3 Exceptions. This chapter shall not apply to:
I. The performance of mold remediation on non-residential property.
II. The performance of mold remediation in an area less than 10 square feet.
III. Routine cleaning that is not performed for the purpose of mold remediation.
IV. An individual residential property owner who performs mold remediation on their own property.
V. An employee of the United States government, the state government, a local government, or an independent agency while that employee is performing mold remediation services on or within buildings or structures owned or solely occupied by the United States government, the state government, a local government or an independent agency.
VI. An industrial hygienist, as defined by the American Industrial Hygiene Association.
VII. An individual regularly employed by the owner of property, or the owner’s agent, to engage in maintenance and repair work.
141-K:4 Mold Assessment and Remediation Certification.
I. No person shall perform residential mold assessment services for remuneration unless that person is a board certified IAQ professional.
II. No person shall develop residential mold remediation specifications for remuneration unless that person is a board certified IAQ professional. Written mold remediation specifications shall adhere to industry standards accredited by the American National Standards Institute (ANSI).
III. Mold remediation contractors shall follow the specifications and protocols written by a board certified IAQ professional. Deviations from any specification shall be in writing and approved by the board certified IAQ professional.
IV. Board certified IAQ professionals who write mold remediation specifications for projects shall not conduct mold remediation activities for the same project for a period of at least one year.
V. Contractors who conduct mold remediation services shall not develop remediation specifications or conduct investigations or testing for the same project for a period of at least one year.
2 Effective Date. This act shall take effect January 1, 2011.