SB125 (2015) Detail

(New Title) relative to certification for mold assessment services.


CHAPTER 208

SB 125-FN - FINAL VERSION

03/05/2015 0467s

03/19/2015 0808s

3June2015… 1931h

06/11/2015 2109EBA

2015 SESSION

15-0935

08/10

SENATE BILL 125-FN

AN ACT relative to certification for mold assessment services.

SPONSORS: Sen. Cataldo, Dist 6; Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Sen. Stiles, Dist?24

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill requires persons providing residential mold assessment services for mold contamination in residential dwellings be certified by certain professional organizations and requires the board of home inspectors to inform the public that mold assessment professionals are required to be certified.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2015 0467s

03/19/2015 0808s

3June2015… 1931h

06/11/2015 2109EBA

15-0935

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to certification for mold assessment services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

208:1 New Section; Mold Assessment; Certification Required. Amend RSA 310-A by inserting after section 189-a the following new section:

310-A:189-b Mold Assessment Certification Required.

I. For the purposes of this section:

(a) “Mold assessment” means:

(1) An inspection, investigation, or survey of a dwelling or other structure to provide information to the owner regarding presence, identification, or evaluation of mold;

(2) The development of a mold remediation specification or protocol; or

(3) The collection of a mold sample for analysis.

(b) “Third party certification” means a certification approved by a national nonprofit organization whose programs are accredited by ANSI (American National Standards Institute), CESB (Council of Engineering and Scientific Specialty Boards), NCCA (National Commission for Certifying Agencies), or any other accrediting body that operates in compliance with the ISO (International Organization for Standardization) standard for accrediting organizations. Certifications are credentials of industry knowledge granted to individuals by a certification body for a limited time.

II. No person shall perform residential mold assessment services for remuneration unless that person possesses a valid national third party certification for mold assessment. The individual shall not own the designation; the designation shall be owned by the certifying body. Certification holders shall meet certain requirements set by third party certification organizations in order to be recertified.

III. The board of home inspectors shall inform the public through its website that persons engaged in residential mold assessment shall be certified under paragraph II and shall provide links to the websites of the certifying organizations.

IV. Any professional hired for remuneration by a homeowner, in which the primary work contracted for is not mold assessment, shall be exempt from this section.

V. Any person who offers mold assessment services for a fee but does not comply with this chapter shall be guilty of a violation if a natural person or guilty of a class B misdemeanor if any other person.

208:2 Effective Date. This act shall take effect January 1, 2016.

Approved: July 6, 2015

Effective Date: January 1, 2016