Section 20-3201. EXCEPTIONS AND THRESHOLD FOR MOLD PROFESSIONALS

 

3201.1This chapter shall not apply to:

 

(a)The following activities when not conducted for the purpose of complying with D.C. Official Code § 8-241.04 (2013 Repl. & 2015 Supp.):

 

(1)Routine cleaning;

 

(2)The diagnosis, repair, cleaning, or replacement of plumbing, heating ventilation, air conditioning, electrical, or air duct systems or appliances;

 

(3)Commercial or residential real estate inspections; or

 

(4)The incidental discovery or emergency containment of indoor mold growth during the conduct or performance of services listed in this subsection. 

 

(b)The repair, replacement, or cleaning of construction materials during the construction of a structure; or

 

(c)A pest control inspection conducted by a person regulated under Chapter 23 of this title.

 

3201.2A license shall not be required under this chapter to perform mold assessment or remediation in a residential property containing a total surface area of less than ten square feet (10 ft.2) of indoor mold growth in an affected area.

 

3201.3A license shall not be required under this chapter to perform mold assessment or remediation in an outdoor area or a non-residential property.

 

3201.4A license shall not be required under this chapter to perform mold assessment or remediation when it is performed by the owner of a residential dwelling unit when the dwelling unit is owner occupied.

 

3201.5An individual shall not be required to be licensed under this chapter to perform mold assessment or mold remediation while supervised by a licensee.

 

3201.6An individual shall not be required to be licensed under this chapter if they are currently licensed by the District of Columbia or another jurisdiction in another field (including, but not limited to, medicine, architecture, or engineering) who provide to a licensee only consultation related to that other field. In such a case, the responsibility for the project or activity remains with the licensee.

 

3201.7An individual shall not be required to be licensed under this chapter if they are performing the regulated activities of a licensed insurance adjuster, including investigation and review of losses to insured property, assignment of coverage, and estimation of the usual and customary expenses due under the applicable insurance policy, including expenses for reasonable and customary mold assessment and remediation.

 

3201.8An individual who is performing mold assessment or remediation under the licensing exemption(s) of § 3201.2 and identifies indoor mold growth of ten square feet (10 ft.2) or more in an affected area shall:

 

(a)Immediately cease all assessment or remediation work; and

 

(b)Advise the person requesting the assessment or remediation that the exemption under § 3201.2 is no longer applicable and that any additional work in the area shall be conducted by a licensee under this chapter.

 

 

authority

Sections 103(b)(1)(B)(ii)(III) and 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03 (b)(1)(B)(ii)(III) and 8-151.07(4) (2013 Repl. & 2015 Supp.)); Title III, Subtitle B of the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code §§ 8-241.01 et seq. (2013 Repl. & 2015 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 63 DCR 6098 (April 22, 2016).