| (a) Licensing requirements. A person performing mold
assessment activities must be licensed as a mold assessment company
if the person employs more than one individual required to be licensed
under §78.50 or §78.52.
(b) Authorization and conditions. A licensed mold assessment
company shall:
(1) designate one or more individuals licensed as mold
assessment consultants as its responsible person(s);
(2) notify the department in writing of any changes
in individual licensed mold assessment consultants as responsible
persons within 30 calendar days following the change of the responsible
person;
(3) perform mold assessment activity only during periods
with the active employment of at least one individual licensed mold
assessment consultant designated as the responsible person for the
company;
(4) not transfer the license to any other person, including
to any company that has bought the licensed entity;
(5) apply for a name change on the license within 30
calendar days after a change in name only; and
(6) obtain a new license before performing any mold-related
activities when the transfer of a licensed person occurs.
(c) Eligibility for licensing. To be eligible for licensing,
a person must employ at least one licensed mold assessment consultant.
To obtain a mold assessment company license, a person must:
(1) comply with the requirement for insurance coverage
under §78.40; and
(2) pay the fee required under §78.80.
(d) Applications. Unless otherwise indicated, an applicant
must submit all required information and documentation on department-approved
forms or in a manner specified by the department. In addition to fulfilling
the requirements in §78.21, an applicant must submit the following
required documentation:
(1) proof of compliance with the insurance requirement
for licensees specified in §78.40;
(2) the name, address, and occupation of each person
that has an ownership interest of 10% or more in the applicant; and
(3) the name and license number of each licensed mold
assessment consultant designated by the applicant as a responsible
person.
(e) Responsibilities. In addition to the requirements
of §78.70 and all other applicable responsibilities in this chapter,
a licensed mold assessment company shall:
(1) provide each client with a mold assessment report
following an initial (pre-remediation) mold assessment. If the company
includes the results of the initial assessment in a mold remediation
protocol or a mold management plan, a separate assessment report is
not required;
(2) provide each client a mold remediation protocol
at least one calendar day before a mold remediation project begins;
(3) utilize the services of a laboratory that is licensed
by the department to provide analysis of mold samples;
(4) ensure that all employees who will perform mold
assessment activities are provided with, fit tested for, and trained
in the correct use of personal protective equipment appropriate for
the activities to be performed;
(5) ensure that each person performing mold assessment
activities is licensed in accordance with this chapter, as applicable;
(6) ensure that the training and license of each employee
who is required to be licensed under this chapter are current;
(7) if the company performs post-remediation assessment
on a project and ceases to be involved with the project before it
achieves clearance, provide a final status report to the client and
to the mold remediation contractor or company performing mold remediation
work for the client as specified under §78.140(e); and
(8) provide a passed clearance report to the client
as specified under §78.140(d) and provide a Certificate of Mold
Damage Remediation, with applicable sections completed by a mold assessment
consultant, to a mold remediation company or contractor, as specified
under §78.150(b).
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