Section 20-3204. PROHIBITIONS AND LICENSEE OBLIGATIONS

 

3204.1An individual shall not perform indoor mold assessment or remediation in the District of Columbia, unless licensed by the Department, or exempted by § 3201.
 

3204.2Regardless of the exceptions in § 3201, a person shall not use the name or title of “licensed,” “professional,” “certified,” or any other term or terms that communicates a level of expertise in mold assessment or remediation, unless that person is an individual licensed by the Department or employs individuals who are licensed with the Department.

 

3204.3All persons using such names or titles as referenced in § 3204.2 shall have readily available their name and license number or the name and license number of the individual(s) who are an employee of that person and who are also licensed by the Department.

 

3204.4All licensees shall:

 

(a)Perform only services that they are licensed to conduct;

 

(b)Meet or exceed the minimum industry standards for mold assessment and remediation and the standards set in this chapter;

 

(c)Disclose any known or potential conflict of interest to any party affected by such conflicts;

 

(d)To the extent required by law, keep confidential any personal information (including medical conditions) obtained during the course of a mold-related activity;

 

(e)Promptly furnish required documents or information to the Department and promptly respond to requests for information from the Department;

 

(f)Maintain knowledge and skills for continuing professional competence;

 

(g)Promptly report alleged misrepresentation or violations of the Act or this chapter to the Department;

 

(h)Competently and efficiently perform their duties and report to the Department incompetent, illegal, or unethical conduct of any licensee; and

 

(i)Supervise any person assisting with the licensee’s work and ensure that supervisees are following best practices and applicable laws and regulations.

 

3204.5Licensees shall not:

 

 

(a)Accept or offer any compensation to any other mold licensee or their company for the referral of any mold-related business;

 

(b)Assess or remediate any property in which the indoor mold assessment professional or indoor mold remediation professional or their company has any financial interest;

 

(c)Misrepresent any professional qualifications or credentials;

 

(d)Provide any information to the Department or client that is false, deceptive, or misleading;

 

(e)Work if impaired as a result of drugs, alcohol, sleep deprivation, or other conditions and not allow supervisees to work if the licensee knows or reasonably should know that the supervisee is impaired;

 

(f)Make any false, misleading, or deceptive claims, or claims that are not readily subject to verification, in any advertising, announcement, presentation, or competitive bidding;

 

(g)Make a representation that is designed to take advantage of the fears or emotions of the public or a customer;

 

(h)Retaliate against any person who reported in good faith to any District of Columbia agency, department, or instrumentality, alleging incompetent, illegal, or unethical conduct; or

 

(i)Supervise the work of more than ten (10) individuals at one time.

 

3204.6Indoor mold assessment professionals shall:

 

(a)Provide to the client a mold assessment report following an initial mold assessment;

 

(b)If the licensee includes the results of the initial assessment in a mold remediation protocol or a mold management plan, not provide a separate assessment report;

 

(c)If indoor mold growth is identified in a mold assessment, provide to the client a mold remediation protocol before a remediation project begins;

 

(d)Within ten (10) days, after successful completion of remediation activities, provide a verification report to the client and the appropriate indoor mold remediation professional or, if an indoor mold assessment professional ceases to be involved with a project before it passes verification, provide a final status report to the client and the appropriate indoor mold remediation professional; and

 

(e)In all issued reports, protocols, or other documents, include the date when the document was issued to the client and all indoor mold assessment professionals’ names, license numbers, and, if applicable, business name and addresses.

 

3204.7When conducting mold remediation, indoor mold remediation professionals shall:

 

(a)Provide to a client a mold remediation work plan for the project before the mold remediation preparation work begins;

 

(b)Inquire of the client or property owner whether any known or suspected hazardous materials, including lead-based paint and asbestos, are present in the project area, and, if present, follow appropriate work practices in accordance with District and federal law;

 

(c)Provide to the property owner a completed verification report not later than the tenth (10th) day after receiving the verification report from the indoor mold assessment professional; and

 

(d)In all issued reports, plans, or other documents, include the date when the document was issued to the client and all indoor mold remediation professionals’ names, license numbers, and, if applicable, business name and addresses.

 

 

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).