The following words and terms when used in this chapter shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Accredited training program--A training program
that has been accredited by the department to provide training for
persons seeking licensure or registration under this chapter.
(2) Act--The Texas Occupations Code, Chapter 1958,
concerning mold assessment and remediation.
(3) Allied field--Mold assessment, mold remediation,
and any field whose principles and practices are applicable to mold
assessment or mold remediation, including asbestos abatement, lead
abatement, industrial hygiene, building sciences, public health, and
environmental remediation.
(4) Assessor--A person who conducts mold assessment
as defined in this section and who is licensed under this chapter
as a mold assessment technician, mold assessment consultant, or mold
assessment company.
(5) Building sciences--The field of study covering
the design, construction, management, and performance of building
systems, including structures, enclosures, electrical and mechanical
systems, environmental systems (such as temperature and moisture control),
safety systems (such as fire suppression and alarms), lighting, acoustics,
and diagnosis and correction of problems with building systems.
(6) Certificate of Mold Damage Remediation--A certificate
adopted by the Texas Department of Insurance, commonly referred to
as Certificate of Mold Damage Remediation and Form MDR-1.
(7) Commission--The Texas Commission of Licensing and
Regulation.
(8) Consumer Mold Information Sheet--A document prepared
and made available by the department that describes the persons who
are required to be licensed under this chapter and provides information
on mold assessment and mold remediation, including how to contact
the department for more information or to file a complaint.
(9) Containment--A component or enclosure designed
or intended to control the release of mold or mold-containing dust
or materials into surrounding areas in the building. The broad category
of containment includes such sub-categories as walk-in containment,
surface containment (such as plastic sheeting), and containment devices
(such as wall-mounted glove boxes).
(10) Containment area--An area that has been enclosed
to control the release of mold or mold-containing dust or materials
into surrounding areas.
(11) Contiguous--In close proximity; neighboring.
(12) Contiguous square feet--See "Total surface area
of contiguous square feet."
(13) Credential--A license, registration, or accreditation
issued under this chapter.
(14) Department--The Texas Department of Licensing
and Regulation.
(15) Employee--An individual who is paid a salary,
wage, or remuneration by another person or entity for services performed
and over whom the person or entity exerts supervision or control as
to the place, time, and manner of the individual's work. A contractor
or subcontractor who is performing work under a contractual agreement
with a person is not an employee of the person unless the agreement
specifies otherwise.
(16) Executive director--The executive director of
the department.
(17) Facility--Any institutional, commercial, public,
governmental, industrial or residential building.
(18) Indoor air--Air within the envelope of a building,
including air in spaces normally occupied by persons in the building
but excluding air in attics and crawl spaces that are vented to the
outside of the building.
(19) Indoor mold--Mold contamination that was not purposely
grown or brought into a building and that has the potential to affect
the indoor air quality of the building.
(20) License--Any license issued under this chapter.
The term "license" does not include a registration, accreditation,
or approval issued under this chapter.
(21) Mold--Any living or dead fungi or related products
or parts, including spores, hyphae, and mycotoxins.
(22) Managing agent--A company or individual that manages
a residential or commercial building for an owner.
(23) 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; or
(B) growing or attempting to grow fungi for the purposes
of subparagraph (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.
(24) Mold analysis laboratory--A person, other than
an individual, that performs mold or mold-related analysis on a sample
collected to determine the presence, identity, or amount of indoor
mold in the sample.
(25) Mold assessment--Activity that involves:
(A) an inspection, investigation, or survey of a dwelling
or other structure to provide the owner or occupant with information
regarding the presence, identification, or evaluation of mold; or
(B) the development of a mold management plan or mold
remediation protocol; or
(C) the collection or analysis of a mold sample.
(26) Mold assessment report--A document prepared by
a licensed mold assessment consultant or licensed mold assessment
technician for a client that describes any observations made, measurements
taken, and locations and analytical results of samples taken by an
assessment consultant or by an assessment technician 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 prepared
by a mold assessment consultant.
(27) Mold management plan--A document prepared by a
licensed mold assessment consultant for a client that provides guidance
on how to prevent and control indoor mold growth at a location.
(28) Mold-related activities--The performance of mold
assessment, mold remediation or any other related activities.
(29) Mold remediation--The removal, cleaning, sanitizing,
demolition, or other treatment, including preventive activities, of
mold or mold-contaminated matter that was not purposely grown at a
location. Preventive activities include those intended to prevent
future mold contamination of a remediated area, including applying
biocides or anti-microbial compounds.
(30) Mold remediation protocol (mold remediation work
analysis) --A document, prepared by a licensed mold assessment consultant
for a client, that specifies the estimated quantities and locations
of materials to be remediated and the proposed remediation methods
and clearance criteria for each type of remediation in each type of
area for a mold remediation project.
(31) Mold remediation work plan--A document, prepared
by a licensed mold remediation contractor that provides specific instructions
and/or standard operating procedures for how a mold remediation project
will be performed.
(32) Office--A stationary physical location assigned
a street address by the United States Postal Service, where a licensee
or an employee of a licensee may be contacted to conduct business
related to mold assessment and/or mold remediation.
(33) Person--An individual, corporation, company, contractor,
subcontractor, association, firm, partnership, joint stock company,
foundation, institution, trust, society, union, governmental entity,
or any other association of individuals.
(34) Project--All activities that involve mold-related
activities in a building or designated area of a building for which
a specific start-date and a specific stop-date is provided that covers
the mold remediation.
(35) Remediator--A person who performs mold remediation
as defined in this section and who is credentialed under this chapter
as a mold remediation worker, mold remediation contractor, or mold
remediation company.
(36) Residential dwelling unit--A detached single-family
dwelling; an attached single-family dwelling in a building that contains
two or more separate single-family dwellings; or a bedroom in group
housing. Examples of residential dwelling units include single homes,
mobile homes (house trailers), duplexes, apartments, and condominiums.
In group housing, such as dormitories, fraternity or sorority houses,
and boarding houses, each bedroom is a residential dwelling unit.
Cont'd... |
