5393993 Environment, District Department of the - Notice of Proposed Rulemaking - District of Columbia Mold Assessment and Remediation Licensure Regulations
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DISTRICT DEPARTMENT OF THE ENVIRONMENT
NOTICE OF PROPOSED RULEMAKING
District of Columbia Mold Assessment and Remediation Licensure Regulations
The Acting Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in 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.)); Title III, Subtitle B of the Air Quality Amendment Act of 2013, effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code §§ 8-241.01 et seq. (2013 Repl.)); and Section III.18 of Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to promulgate a new Chapter 32 of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR), the Mold Assessment and Remediation Licensure Regulations.
This rulemaking implements the provisions of Title III, Subtitle B of the Air Quality Amendment Act of 2014 by providing mold licensure and certification mechanisms for all mold assessment or remediation professionals who operate in the District of Columbia. This rulemaking also sets a threshold above which a property owner must employ assessment and remediation professionals if the property is rented for residential use.
The Certification and Licensure Program: Purpose and Description
The proposed rulemaking establishes a certification and licensure program for mold assessment and remediation professionals that offer their services in the District of Columbia. It is the interpretation of the Department that the intent of the regulation and the authorizing statute is to prevent fraudulent operators from offering their services without being certified or licensed and thereby guaranteeing a basic level of competence in the performance of this activity. The Department has determined that all professionals – without respect to the location of the work performed – who perform mold assessment or remediation should be certified and licensed to prevent unscrupulous actors from exploiting a perceived gap in regulatory authority. All persons who offer these services are required to be licensed by the Department.
The certification mechanism describes the criteria by which the Acting Director may recognize the certification of an independent body as the basis for licensure granted by the District. The Director may recognize one or more bodies based on these criteria and may withdraw the recognition of the certifying body and any licensure based on that certification if the Director determines the certifying body is no longer operating in a method consistent with standards necessary to protect the health and welfare of the residents of the District of Columbia.
Through this rulemaking, the Department is establishing a licensure program. To obtain a license to perform mold assessment or remediation, the applicant must be certified by a recognized body and apply to the Department. Consistent with the provisions of the Air Quality Amendment Act of 2013 no person may offer mold assessment or remediation services in the District of Columbia without a license from the Department.
The Threshold: Purpose and Description
Under the authority granted by the Act the Department has established a threshold of 25 square feet of contiguous mold as the concentration above which a landlord must enlist the services of a mold professional. The Department chose square footage as a method of establishing the threshold because it provides a readily discernible and measurable method without additional technical measurements allowing for an easily accessible measure that non-technical persons can use to trigger the protections of the Act.
Title 20, ENVIRONMENT, is amended by adding a new Chapter 32 as follows:
CHAPTER 32 MOLD LICENSURE AND CERTIFICATION
3200 Purpose and Scope
3201 Exceptions and Threshold For Mold Professionals
3202 Requirements and Fees To Obtain A License
3203 Scope of Mold Licenses
3204 Prohibitions and Licensee Obligations
3205 Minimum Performance Standards and Work Practices For Licensees
3206 Minimum Work Guidelines for Non-Licensees: Assessment
3207 Licensee Insurance Requirements
3208 Notification Requirements
3209 Indoor Mold Remediation Professional Recordkeeping Requirements
3210 Inspection
3211 Suspension, Revocation, and Denial Of Licenses
3212 Enforcement and Penalties
3299 Definitions
3200 Purpose and Scope
3200.1 The purpose of this chapter is to implement Title III of the Air Quality Amendment Act of 2014 (Act), effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code §§ 8-241.01 et seq. (2013 Repl.)).
3200.2 This chapter establishes (1) a licensing program for indoor mold assessment and remediation professionals performing work on all properties in the District of Columbia, (2) a twenty-five contiguous square feet threshold level of indoor mold contamination for residential property, and (3) guidelines for indoor mold assessment and remediation below the threshold level.
3200.3 Indoor mold remediation obligations of residential property owners and tenants are stated in D.C. Official Code § 8-241.04 (2013 Repl.).
3201 Exceptions and THRESHOLD FOR MOLD PROFESSIONALS
3201.1 This chapter shall not apply to:
(a) The following activities when not conducted for the purpose of mold assessment or mold remediation:
(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.
3201.2 A 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 twenty-five contiguous square feet (25 ft.2) of indoor mold growth.
3201.3 A license shall not be required under this chapter to perform mold assessment or remediation in an outdoor area or a non-residential property.
3201.4 A 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.
3201.5 An individual shall not be required to be licensed under this chapter to perform mold assessment or mold remediation while supervised by a licensee.
3201.6 Individuals 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 are not required to be separately licensed under this chapter. In such a case, the responsibility for the project or activity remains with the licensee.
3201.7 An individual who is 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.
3201.8 An individual who is performing mold assessment or remediation under the licensing exemption(s) of § 3201.2 and identifies additional mold such that the mold affects a total surface areas of twenty-five contiguous square feet (25 ft.2) or more shall:
(a) Immediately cease all assessment or remediation work;
(b) If remediation work was being performed, implement containment if necessary; and
(c) 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 person licensed under this chapter.
3202 Requirements and Fees To Obtain a License
3202.1 An individual shall not engage in the business of mold assessment or mold remediation without a license issued pursuant to this section.
3202.2 Each individual applying to be licensed under this chapter shall be at least eighteen (18) years old at the time of application.
3202.3 An individual applying to be licensed as an indoor mold assessment or remediation professional shall apply to the Department after passing an examination approved by the Department pursuant to this subsection.
3202.4 The Department may approve examinations offered by organizations that are recognized in the mold assessment or mold remediation industry. The Department may also approve other states’ examinations. The Department’s website shall contain an active list of approved examinations.
3202.5 The Department shall adhere to the following standards for approval of mold assessment and remediation examinations:
(a) The examination shall be proctored;
(b) The mold assessment examination shall cover:
(1) The physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate a hypothesis about the origin, identity, location, and extent of amplification of indoor mold growth; and
(2) Mold remediation strategies.
3206.6 The mold remediation examination shall cover remediation planning and the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter.
3206.7 The Department may consider the following standards when approving an examination:
(a) Whether the recognized organization requires examinees to participate in continuing education in the areas of mold assessment, remediation, or a related field; and
(b) The overall difficulty of the examination and the score required to pass.
3206.8 An individual shall have either passed a Department-approved examination or recertified their credential with the appropriate recognized organization two years prior to submitting an application to the Department.
3202.9 An individual applying to be licensed as an indoor mold assessment or remediation professional shall meet one or more of the following education and experience requirements of this subsection:
(a) At least a two (2)-year associate of arts degree, or the equivalent, with at least thirty (30) semester hours in microbiology, engineering, architecture, industrial hygiene, occupational safety, or a related field of science from an accredited institution and a minimum of one (1) year of documented relevant field experience;
(b) A certified industrial hygienist, a professional engineer, a professional registered sanitarian, a certified safety professional, or a registered architect, with at least six (6) months of documented relevant field experience; or
(c) A high school diploma or the equivalent with a minimum of three (3) years of documented relevant field experience.
3202.10 An applicant for an indoor mold assessment or remediation professional license shall submit a completed application that includes the following:
(a) A fee of four hundred dollars ($400) for an initial application.
(b) Documentation that the applicant meets the following requirements:
(1) The age requirement, as specified in § 3202.2;
(2) The examination requirement, as specified in § 3202.3;
(3) One of the educational and experience requirements, as specified in § 3202.9;
(4) Proof that the applicant meets the insurance requirement, as specified in § 3207; and
(5) Any other information that the Department requires for a complete application.
(c) For a renewal, submit the evidence required in (b)(2), (4), and (5) and a fee of one hundred and five dollars ($105).
3202.11 Submission of a current, valid license for mold assessment or remediation that is issued by another state, as approved by the Department following the standards established in this section, is sufficient for practice as an indoor mold assessment or remediation professional in the District of Columbia, if the applicant includes in an application to the Department:
(a) A fee of fifty dollars ($50); and
(b) Documentation that the applicant is licensed by an approved state.
3202.12 The term of each license shall be two (2) years.
3202.13 A licensee whose license has expired but continues to hold himself or herself out as an indoor mold assessment or remediation professional is in violation of this chapter.
3202.14 Beginning in 2016, license fees charged by the Department may be adjusted annually based on the change in the Consumer Price Index value published by the U.S. Department of Labor for all-urban consumers over the twelve (12) month period ending on August 30th of the calendar year preceding the calendar year in which the fee is assessed.
3203 Scope of Mold Licenses
3203.1 An indoor mold assessment professional is permitted to:
(a) Record visual observations and take on-site measurements, including temperature, humidity, and moisture levels, during an initial or post remediation mold assessment;
(b) Collect samples for mold analysis during a mold assessment;
(c) Plan surveys to identify conditions favorable for indoor mold growth or to determine the presence, extent, amount, or identity of mold or suspected mold in a building;
(d) Conduct activities recommended in a plan developed under paragraph (c) of this subsection and describe and interpret the results of those activities;
(e) Determine locations at which the licensee or individuals under the licensee’s supervision shall record observations, take measurements, or collect samples;
(f) Prepare a mold assessment report, including the observations made, measurements taken, and locations and analysis;
(g) Develop a mold management plan for a building or dwelling unit, including recommendations for periodic surveillance, response actions, and prevention and control of indoor mold growth;
(h) Prepare a mold remediation protocol, including the evaluation and selection of appropriate remediation strategies, personal protective equipment, engineering controls, project layout, post-remediation clearance evaluation methods and criteria, and preparation of plans and specifications;
(i) Evaluate a mold remediation project for the purpose of certifying that indoor mold identified for the remediation project has been remediated as outlined in a mold remediation protocol; and
(j) Complete appropriate sections of a Certificate of Mold Damage Remediation as defined in § 3299.1.
3203.2 An indoor mold remediation professional is permitted to:
(a) Perform mold remediation, as defined in § 3299.1;
(b) Prepare a mold remediation work plan providing instructions for the remediation efforts to be performed for a mold remediation project;
(c) Conduct and interpret the results of activities recommended in a work plan developed under paragraph (b) of this subsection; and
(d) Complete appropriate sections of a Certificate of Mold Damage Remediation as defined in § 3299.1.
3204 Prohibitions and Licensee Obligations
3204.1 An individual shall not perform indoor mold assessment or remediation in the District of Columbia, unless licensed by the Department or exempted by § 3201.
3204.2 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.
3204.3 All 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.
3204.4 All 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 regarding a client (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) Be responsible for supervising any person assisting with the licensee’s work, ensuring that supervisees are following best standard practices.
3204.5 Licensees shall not:
(a) Perform both mold assessment and mold remediation on the same project;
(b) Accept or offer any compensation to any other mold licensee or their company for the referral of any mold-related business;
(c) Assess or remediate for a fee any property in which the indoor mold assessment professional or indoor mold remediation professional or their company has any financial interest;
(d) Misrepresent any professional qualifications or credentials;
(e) Provide any information to the Department or client that is false, deceptive, or misleading;
(f) 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;
(g) Make any false, misleading, or deceptive claims, or claims that are not readily subject to verification, in any advertising, announcement, presentation, or competitive bidding;
(h) Make a representation that is designed to take advantage of the fears or emotions of the public or a customer;
(i) Retaliate against any person who reported in good faith to the Department alleged incompetent, illegal, or unethical conduct; or
(j) Supervise the work of more than ten (10) individuals at one time.
3204.6 Indoor mold assessment professionals shall:
(a) When conducting a mold assessment, 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 mold 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 clearance report to the client or, if an indoor mold assessment professional ceases to be involved with a project before it passes clearance, provide a final status report to the client and the appropriate indoor mold remediation professional;
(e) When issuing a clearance report, complete applicable sections and provide a Certificate of Mold Damage Remediation as defined in § 3299.1 to the appropriate indoor mold remediation professional; and
(f) In all issued reports, protocols, or other documents, include the date when the document was issued and all indoor mold assessment professional’s names, license numbers, and, if applicable, business name and addresses.
3204.7 When 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 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) If remediation is complete, provide to the property owner a completed Certificate of Mold Damage Remediation not later than the tenth (10th) day after the project stop date; and
(d) In all issued reports, plans, or other documents, include the date when the document was issued and all indoor mold remediation professionals’ names, license numbers, and, if applicable, business name and addresses.
3205 Minimum Performance standards and work Practices for Licensees
3205.1 Indoor mold assessment professionals shall adhere to the following minimum standards:
(a) If an indoor mold assessment professional determines that personal protective equipment should be used during a mold assessment project, the indoor mold assessment professional shall ensure that all individuals who engage in assessment activities and who will be, or are anticipated to be, exposed to indoor mold growth are provided with, fit tested for, and trained on the appropriate use and care of the specified personal protective equipment.
(b) If samples for laboratory analysis are collected during the assessment:
(1) Sampling and analysis shall be performed according to industry best practices;
(2) Preservation methods shall be implemented for all samples where necessary;
(3) Proper sample documentation, including the sampling method, the sample identification code, each location and material sampled, the date collected, the name of the person who collected the samples, and the project name or number shall be recorded for each sample; and
(4) Proper chain of custody procedures shall be used.
(c) If mold remediation is to be conducted by an indoor mold remediation professional, prepare a mold remediation protocol that is specific to each remediation project and provide the protocol to the client before the remediation begins. The mold remediation protocol shall specify:
(1) The rooms or areas where the work shall be performed;
(2) The estimated quantities of materials to be cleaned or removed;
(3) The methods to be used for each type of remediation in each area;
(4) The personal protective equipment to be used by indoor mold remediation professionals. A minimum of an N-95 respirator is recommended during mold-related activities when indoor mold growth could or would be disturbed. Using professional judgment, an indoor mold assessment professional may specify additional or more protective personal protective equipment if he or she determines that it is warranted;
(5) The proposed types of containment, as described in (d) of this subsection, to be used during the project in each area; and
(6) The proposed clearance procedures and criteria, as described in (g) of this subsection, for each type of remediation in each area.
(d) Containment shall be specified in a mold remediation protocol when indoor mold growth affects a total surface area of twenty-five contiguous square feet (25 ft.2) or more for the project in accordance with the following requirements:
(1) The containment specified in the remediation protocol shall prevent the spread of mold to areas of the building outside the containment;
(2) If walk-in containment is used, supply and return air vents shall be blocked, and air pressure within the walk-in containment shall be lower than the pressure in building areas adjacent to the containment; and
(3) Containment is not required if only persons who are licensed or supervised by the licensee under this chapter occupy the building in which the remediation takes place at any time between the start date and stop date for the project as specified on the notification required under § 3208.2 of this chapter;
(e) An indoor mold assessment professional who indicates in a remediation protocol that a disinfectant, biocide, or antimicrobial coating is recommended to be used on a mold remediation project shall indicate a specific product or brand only if it is registered by the District of Columbia and the United States Environmental Protection Agency for the intended use and if the use is consistent with the manufacturer’s labeling instructions.
(f) A decision by an indoor mold assessment professional to use products in paragraph (e) of this subsection shall take into account the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces coated with such products.
(g) In the remediation protocol for the project, the indoor mold assessment professional shall specify:
(1) At least one industry-recognized analytical method for use within each remediated area to determine whether the indoor mold growth identified for the project has been remediated as outlined in the mold remediation protocol;
(2) The criteria to be used for evaluating analytical results to determine whether the mold remediation project passes clearance;
(3) That post-remediation assessment shall be conducted while walk-in containment is in place, if walk-in containment is specified for the project; and
(4) The procedures to be used in determining whether the underlying causes of the mold identified for the project have been remediated so that it is reasonably certain that the mold will not return from those same causes.
3205.2 Indoor mold remediation professionals shall adhere to the following standards:
(a) An indoor mold remediation professional shall prepare a mold remediation work plan that is specific to each project, fulfills all the requirements of the mold remediation protocol, and provides specific instructions or standard operating procedures for how a mold remediation project shall be performed. The indoor mold remediation professional shall provide the mold remediation work plan to the client before site preparation work begins;
(b) If an indoor mold assessment professional specifies in the mold remediation protocol that personal protective equipment is required for the project, the indoor mold remediation professional shall provide the specified personal protective equipment to all individuals who engage in remediation activities and who will, or are anticipated to, disturb or remove indoor mold growth, when the mold affects a total surface area for the project of twenty-five contiguous square feet (25 ft.2) or more. The recommended minimum personal protective equipment is an N-95 respirator;
(c) The containment specified in the remediation protocol shall be used on a mold remediation project when the mold affects a total surface area of twenty-five contiguous square feet (25 ft.2) or more for the project. The following procedures shall apply:
(1) The containment shall be constructed to prevent the spread of mold to areas outside the containment;
(2) If walk-in containment is used, supply and return air vents shall be blocked, and air pressure within the walk-in containment shall be lower than the pressure in building areas adjacent to the containment; and
(3) Containment is not required if only persons who are licensed or supervised by licensees under this chapter occupy the building in which the remediation takes place at any time between the start date and stop date for the project as specified on the notification required under § 3208.2 of this chapter;
(d) Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas and shall meet the following requirements:
(1) The signs shall be at least eight (8) inches by ten (10) inches in size and shall bear the words “NOTICE: Mold remediation project in progress” in black on a yellow background; and
(2) The text of the signs shall be legible from a distance of ten (10) feet;
(e) No person shall remove or dismantle any walk-in containment structures or materials from a project site prior to receipt, by the indoor mold remediation professional overseeing the project, of a written notice from an indoor mold assessment professional that the project has achieved clearance as described under § 3299.1;
(f) Disinfectants, biocides, and antimicrobial coatings may be used only if their use is specified in a mold remediation protocol, if they are registered by the District of Columbia and the United States Environmental Protection Agency (EPA) for the intended use, and if the use is consistent with the manufacturer’s labeling instructions; and
(g) If a protocol specifies the use of such a product but does not specify the brand or type of product, an indoor mold remediation professional may select the brand or type of product to be used, subject to the other provisions of this chapter.
3206 Minimum Work Guidelines REQUIREMENTS For Non-Licensees: Assessment
3206.1 In general, an indoor mold assessment professional should be consulted when assessing the extent of a moisture problem, indoor mold growth, and performing other related activities.
3206.2 The following guidelines are applicable to non-licensed individuals performing mold assessment on areas potentially affected by less than twenty-five contiguous square feet (25 ft.2) of indoor mold growth; unless exempt by § 3201, a non-licensed individual shall not perform mold assessment on indoor mold growth when it is equal to or greater than twenty-five contiguous square feet (25 ft.2)
3206.3 A visual inspection should be performed that assesses the following:
(a) The extent of water damage, indoor mold growth, and affected building materials;
(b) Crawl spaces, attics, behind wallboards, carpet backing and padding, wallpaper, baseboards, insulation, and other materials that are suspected of hiding indoor mold growth;
(c) Ventilation systems for damp conditions and indoor mold growth on system components, like filters, insulations, and coils or fins; and
(d) Certain materials that are susceptible to indoor mold growth when damp, including ceiling tiles, paper-covered gypsum wallboard (drywall), structural wood, and other cellulose-containing surfaces.
3206.4 If assessment work might disturb indoor mold growth, personal protective equipment, like gloves and respiratory protection, should be worn.
3206.5 If indoor mold growth or water-damaged materials are visually identified, remediation shall be conducted in accordance with the guidance document published by the Department.
3206.6 If indoor mold growth equal to or greater than twenty-five contiguous square feet (25 ft.2) is visually identified, the property owner, unless if exempt by § 3201.4, shall hire an indoor mold assessment professional who is licensed pursuant to § 3202 to conduct an indoor mold assessment.
3207 Licensee Insurance Requirements
3207.1 An indoor mold assessment professional shall maintain general liability and errors and omissions insurance coverage of at least one million dollars ($1,000,000) for preliminary and post remediation mold assessment.
3207.2 An indoor mold remediation professional shall maintain a general liability insurance policy in an amount of at least one million dollars ($1,000,000) that includes specific coverage for mold-related claims.
3207.3 An indoor mold assessment professional or an indoor mold remediation professional shall maintain the applicable insurance policy unless covered under an employer’s policy.
3208 Notification Requirements
3208.1 An indoor mold assessment professional shall properly notify the Department when he or she determines that a property is impacted by indoor mold covering a total surface area of twenty-five contiguous square feet (25 ft.2) or more in accordance with the following requirements:
(a) The notification shall be provided to the Department no more than five (5) calendar days after issuance of a mold assessment report, mold remediation protocol, or a mold management plan; and
(b) The notification shall include the address of the site, a short description of the building and its mold condition, building owner, the date(s) of the assessment, and the name and license number of the indoor mold assessment professional.
3208.2 An indoor mold remediation professional shall properly notify the Department of a planned mold remediation at a property, when contamination affects a total surface area of twenty-five contiguous square feet (25 ft.2) or more in accordance with the following requirements:
(a) The notification shall include the address of the site, a short description of the building, the building owner, the start date, the anticipated stop date, and the name and license number of the indoor mold remediation professional;
(b) The indoor mold remediation professional shall provide this notification at least five (5) calendar days prior to the date when remediation is scheduled to start and, if the scheduled start date changes, the indoor mold remediation professional shall provide the proper scheduled date at least five (5) calendar days prior to the scheduled start of remediation, unless the indoor mold remediation professional determines that remediation must occur because of an emergency; and
(c) In the case of an emergency, the indoor mold remediation professional shall provide the Department with a notification as soon as practicable but no later than the following business day after the indoor mold remediation professional identifies the emergency.
3209 Indoor mold remediation professional Recordkeeping Requirements
3209.1 An indoor mold remediation professional shall maintain the following records and documents on-site at a project for its duration:
(a) A copy of the mold remediation work plan and all mold remediation protocols used in the preparation of the work plan;
(b) A listing of the names and applicable license numbers for all individuals working on the remediation project; and
(c) The written contract between the indoor mold remediation professional or his/her employer and the client, and any written contracts related to the mold remediation project between the indoor mold remediation professional or his/her employer and any other party.
3210 Inspection
3210.1 The Department may inspect or investigate the business practices of any person that it has reason to believe is licensed in accordance with this chapter, holding themselves out as an indoor mold assessment or remediation professional, or performing work that shall only be performed by an indoor mold assessment or remediation professional.
3210.2 The Department, upon presenting proper identification, shall have the right to enter at all reasonable times any area or environment, including, but not limited to, any containment area, building, construction site, storage, or office area, or vehicle to review and copy records or question any person for the purpose of ensuring compliance with this chapter.
3210.3 If a person denies access to the Department acting pursuant to the authority of the Act or this chapter, the Department may apply for an administrative search warrant in a court of competent jurisdiction, in addition to other actions authorized by law and regulations.
3211 suspension, revocation, and denial of licenses
3211.1 After providing notice and opportunity for a hearing, the Department may suspend, revoke, modify, or refuse to issue, renew, or restore a license issued to an individual pursuant to this chapter, if the Department finds that the applicant or holder:
(a) Has failed to comply with a provision of the Act or a rule in this chapter;
(b) Has misrepresented facts relating to a mold-related activity to a client, the Department, or other District agency;
(c) Has made a false statement or misrepresentation material to the issuance, modification, or renewal of a license;
(d) Has submitted a false or fraudulent record, invoice, or report;
(e) Has a history of repeated violations of District regulation; or
(f) Has had a certification or license denied, revoked, or suspended either by the Department or by another state or jurisdiction.
3211.2 An action to suspend, revoke, or refuse to issue, renew, or restore license shall be conducted in accordance with the following procedure:
(a) The notice of proposed suspension, revocation, or denial shall be in writing and shall include the following:
(1) The name and address of the applicant for, or holder of, the license;
(2) A statement of the proposed action and the proposed effective date and duration of a proposed refusal to issue, renew, or restore a license;
(3) A statement of the legal and factual basis for the proposed action;
(4) The method for requesting a hearing to appeal the decision by the Department before it becomes final; and
(5) Any additional information that Department may decide is appropriate; and
(b) If the individual requests a hearing pursuant to this section, the Department shall provide the individual an opportunity to submit a written statement in response to DDOE’s statement of the legal and factual basis, and to provide any other explanations, comments, and arguments it deems relevant to the proposed action.
3211.3 An individual whose license has been suspended, revoked, or denied by the Department shall not be eligible to apply for any license available under this chapter until a period of ninety (90) days has passed after the effective date of such suspension, revocation or denial.
3212 Enforcement and Penalties
3212.1 The Department may enforce a violation of the Act or this chapter by issuing one or more of the following:
(a) Notice of Violation;
(b) Notice of Infraction;
(c) Cease and Desist Order, which shall take effect immediately, or a Compliance Order;
(d) Notice of suspension, revocation, or denial of a license pursuant to § 3211; or
(e) Any other order necessary to protect human health or the environment, or to implement this chapter consistent with the purposes of the Act.
3212.2 Orders issued pursuant to § 3211.1(b), (c), and (e):
(a) Shall identify the name and address of the recipient;
(b) Shall identify the alleged violation or threatened violation;
(c) May require the respondent to conduct corrective action;
(d) Shall make clear the basis for the order and that the respondent’s failure to take the measures directed will constitute an additional violation of the Act or the chapter; and
(e) Shall state the process for objecting to the order.
3212.3 A person may object to an order by requesting a hearing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail, as follows:
(a) If specific instructions are not on the order, the owner, individual, firm, or entity shall file a written request for a hearing, including the grounds for the objection, with the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01 et seq.), in accordance with the Rules of Practice and Procedure of the Office of Administrative Hearings set forth in Title 1 DCMR Chapter 28;
(b) If a hearing is not requested within the specified time period, the order becomes final and remains in effect until the Department determines that any applicable corrective actions have been completed; and
(c) A hearing request does not stay the effective date of a Cease and Desist Order.
3212.4 The Department may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of these rules.
3299 Definitions
3299.1 When used in this chapter or Title III of the Air Quality Amendment Act of 2014, the following words and phrases shall have the meaning as described:
Certificate of Mold Damage Remediation - a document that includes a statement from the indoor mold assessment professional that based on visual, procedural, and analytical evaluation, the indoor mold growth identified for the project has been remediated as specified in the mold remediation protocol and a statement that all identified underlying causes of the mold have been remediated so that it is reasonably certain that the mold will not return from those same causes.
Certified industrial hygienist - an industrial hygienist who is certified by the American Board of Industrial Hygiene.
Certified safety professional - any individual who has been certified by the American Society of Engineers, American Board of Industrial Hygiene, or other nationally recognized health and safety industry organization.
Clearance report - a document that an indoor mold assessment professional issues when the indoor mold assessment professional determines that a project’s remediation has been successful. The report includes:
(a) A description of relevant worksite observations;
(b) The type and location of all measurements made and samples collected at the worksite;
(c) All data obtained at the worksite, including but not limited to temperature, humidity, and material moisture readings;
(d) The results of analytical evaluation of the samples collected at the worksite;
(e) Copies of all photographs; and
(f) Clear statements that:
(1) All areas are free from visible mold;
(2) All work has been completed in compliance with the remediation protocol; and
(3) The project has achieved clearance.
Conflict of interest - because of other past, present, or future planned activities or relationships, the licensee is unable, or potentially unable, to render impartial services to the client.
Containment – a component or enclosure designed or intended to prevent the release of mold or mold-containing dust or materials into surrounding areas in the building during mold-related activities.
Containment area – an area that has been enclosed to prevent the release of mold or mold-containing dust or materials into surrounding areas.
Contiguous – in close proximity; neighboring.
Department – The District Department of the Environment.
Dwelling Unit – a room or group of rooms used or designed to be used in whole or in part, as a living and sleeping place for one or more persons.
Emergency – a situation in which water damage has occurred and a delay in mold remediation would allow indoor mold growth to increase.
Final Status Report – a document issued by an indoor mold assessment professional that includes:
(a) A description of relevant worksite observations;
(b) The type and location of all measurements made and samples collected at the worksite; all data obtained at the worksite, such as temperature, humidity, and material moisture readings; and
(c) The results of analytical evaluation of the samples collected at the worksite; copies of all photographs; and any conclusions that the indoor mold assessment professional has drawn.
Indoor mold assessment professional – a person who conducts mold assessment as defined in this section and who is licensed under this chapter as a mold indoor mold assessment professional.
Indoor mold growth – mold that exists on an interior surface of a building, including common spaces, that was not purposely grown or brought into a building, and is visible or otherwise has the potential to affect the indoor air quality of the building.
Indoor mold remediation professional – a person who conducts mold remediation as defined in this section and who is licensed under this chapter as an indoor mold remediation professional.
License – any license issued by the Department under this chapter.
Licensee – an individual licensed under this chapter to perform mold assessment or remediation.
Mold – living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins.
Mold analysis – the examination of a sample collected during a mold assessment for the purpose of:
(a) Determining the amount or presence of or identifying the genus or species of any living or dead mold or related parts (including spores and hyphae) present in the sample;
(b) Growing or attempting to grow fungi for the purposes of paragraph (a); or
(c) Identifying or determining the amount or presence of any fungal products, including but not limited to mycotoxins and fungal volatile organic compounds, present in the sample.
Mold assessment - an inspection, investigation, or survey of a dwelling unit or other structure to provide the owner or occupant with information regarding the presence, identification, or evaluation of mold that includes a mold assessment report and may include one or more of the following:
(a) The development of a mold remediation protocol;
(b) The development of a mold management plan; and
(c) The collection or analysis of a mold sample(s).
Mold assessment report - a document prepared by an indoor mold assessment professional for a client that describes any observations made, measurements taken, and locations and analytical results of samples taken during a mold assessment. An assessment report can be either a stand-alone document or a part of a mold management plan or mold remediation protocol.
Mold management plan - a document prepared by an indoor mold assessment professional for a client that provides guidance on how to prevent and control indoor mold growth at a location.
Mold-related activities - the performance of a mold assessment, mold remediation, or related activities.
Mold remediation - the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter.
Mold remediation protocol - a document, prepared by an indoor mold assessment professional for a client, that:
(a) includes photograph(s) of the scene of mold remediation prior to remediation;
(b) specifies the estimated quantities and locations of materials to be remediated; and
(c) specifies the proposed remediation methods and clearance criteria for each type of remediation in each type of area for a mold remediation project.
Mold remediation work plan - a document, prepared by an indoor mold remediation professional that fulfills all of the requirements of the mold remediation protocol and provides specific instructions or standard operating procedures for how a mold remediation project shall be performed.
Person - an individual, corporation, company, contractor, subcontractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, District government entity, or any other association of individuals.
Personal Protective Equipment – items worn on an individual that limit their exposure to mold, including but not limited to gloves, goggles, respirators, and body suits.
Preventive activities - actions intended to prevent future indoor mold growth at a remediated area, including repairing leaks and other sources of water intrusion, and applying biocides or anti-microbial compounds.
Professional engineer - an engineer registered in a United States or Canadian jurisdiction.
Professional registered sanitarian - a sanitarian registered in a United States or Canadian jurisdiction.
Project - mold-related activities at a particular address for which a specific start date and a specific stop date is or will likely be provided.
Registered Architect - An architect registered in a United States or Canadian jurisdiction.
Relevant field experience - experience that involves:
(a) For a mold indoor mold assessment professional: conducting microbial sampling or investigations; or
(b) For a mold indoor mold remediation professional: mold remediation as defined in this section.
Residential Property - a building that contains one or more dwelling units, including common areas. Each street address constitutes a different residential property.
Routine cleaning - cleaning that is ordinarily done on a regular basis.
Start date - the date on which the mold remediation begins. Preparation work is not considered mold remediation.
Stop date - the date following the day on which a clearance report has been issued for the project.
Supervise or supervision - to direct and exercise control over the activities of an individual by being physically present at the job site or, if not physically present, accessible by telephone within ten minutes and able to be at the site within one hour of being contacted.
Survey - an activity undertaken in a building to determine the presence or absence, location, or quantity of indoor mold or to determine the underlying condition(s) contributing to indoor mold growth, whether by visual or physical examination or by collecting samples of potential mold for further analysis.
Visible - exposed to view; capable of being seen with the naked eye.
Work plan - a mold remediation work plan.
Please direct all comments on these proposed rules, in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register care of “Mold Licensure Regulations”, District Department of the Environment, 1200 First Street NE, 5th Floor, Washington D.C. 20002, by US mail, or via email at moldlicensure.regs@dc.gov. Copies of the proposed rule may be obtained between the hours of 9:00 a.m. and 5:00 p.m. at the address listed above for a small fee to cover the cost of reproduction or on-line at http://ddoe.dc.gov/moldlicensureregs.
