N.Y. Labor Law 945 – Minimum work standards for the conduct of mold assessments by licensed persons
§ 945. Minimum work standards for the conduct of mold assessments by licensed persons. 1. A mold assessment licensee shall prepare a mold remediation plan that is specific to each remediation project and provide the plan to the client before the remediation begins. The mold remediation plan must specify:
Terms Used In N.Y. Labor Law 945
- Mold: means any indoor multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the environmental protection agency, centers for disease control and prevention, national institute of health, or other federal, state, or local agency organized to study and/or protect human health. See N.Y. Labor Law 930
- Mold assessment: means an inspection or assessment of real property that is designed to discover mold, conditions that facilitate mold, indicia of conditions that are likely to facilitate mold, or any combination thereof. See N.Y. Labor Law 930
- Mold remediation: means conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. See N.Y. Labor Law 930
- Project: means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement. See N.Y. Labor Law 930
(a) the rooms or areas where the work will be performed;
(b) the estimated quantities of materials to be cleaned or removed;
(c) the methods to be used for each type of remediation in each type of area;
(d) the personal protection equipment (PPE) to be supplied by licensed remediators for use by licensed abaters;
(e) the proposed clearance procedures and criteria for each type of remediation in each type of area;
(f) when the project is a building that is currently occupied, how to properly notify such occupants of such projects taking into consideration proper health concerns; the plan must also provide recommendations for notice and posting requirements that are appropriate for the project size, duration and points of entry;
(g) an estimate of cost and an estimated time frame for completion; and
(h) when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture.
2. The remediation plan may require containment, as appropriate, to prevent the spread of mold to areas of the building outside the containment under normal conditions of use.
3. A mold assessment licensee who indicates in a remediation plan that a disinfectant, biocide, or antimicrobial coating will be used on a mold remediation project shall indicate a specific product or brand only if it is registered by the United States Environmental Protection Agency for the intended use and if the use is consistent with the manufacturer's labeling instructions. A decision by a mold assessment licensee to use such products must take into account the potential for occupant sensitivities.