| (a) Licensing requirements. An individual must be licensed
as a mold remediation contractor to perform activities listed under
subsection (b). A licensed mold remediation contractor who employs
more than one individual required to be licensed under this section
or required to be registered under §78.56 must be separately
licensed as a mold remediation company under §78.60.
(b) Scope. An individual licensed under this section
may perform mold remediation and supervise registered mold remediation
workers performing mold remediation. In addition, a licensed mold
remediation contractor is licensed to provide mold remediation services
including:
(1) preparing a mold remediation work plan providing
instructions for the remediation activities to be performed for a
mold remediation project; and
(2) conducting and interpreting the results of activities
recommended in a work plan developed under paragraph (1), including
any of the activities of a registered mold remediation worker under §78.56.
(c) Qualifications. An applicant for a mold remediation
contractor license must meet at least one of the following education
and/or experience requirements:
(1) a bachelor's or graduate degree from an accredited
college or university with a major in a natural or physical science,
engineering, architecture, building construction, or building sciences
and at least one year of experience either in an allied field or as
a general contractor in building construction;
(2) at least 60 college credit hours with a grade of
C or better in the natural sciences, physical sciences, environmental
sciences, building sciences, or a field related to any of those sciences,
and at least three years of experience in an allied field or as a
general contractor in building construction;
(3) a high school diploma or GED certificate, plus
at least five years of experience in an allied field or as a general
contractor in building construction; or
(4) certification as an industrial hygienist, a professional
engineer, a professional registered sanitarian, a certified safety
professional, or a registered architect, with at least one year of
experience either in an allied field or as a general contractor in
building construction.
(d) Eligibility for licensing. To obtain a mold remediation
contractor license, a person must:
(1) be at least 18 years old at the time of application;
(2) successfully pass a criminal history background
check;
(3) comply with subsection (c);
(4) comply with the requirement for insurance coverage
under §78.40;
(5) successfully complete a mold training course as
described in §78.68(e);
(6) pass the required licensing examination prescribed
under §78.24; and
(7) pay the fee required under §78.80.
(e) 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) verifiable evidence that the applicant meets the
requirement in subsection (c); and
(3) a copy of a course completion certificate for the
applicable training course offered by a department-accredited training
provider, as described in §78.68(e).
(f) Responsibilities. In addition to the requirements
of §78.70 and all other applicable responsibilities in this chapter,
a licensed mold remediation contractor shall:
(1) supervise mold remediation workers as defined in §78.10(42).
When supervising mold remediation workers, the licensee must:
(A) be physically present at the mold remediation project;
or
(B) be accessible by telephone within ten minutes and
able to be at the project within one hour of being contacted;
(2) ensure that all employees who will perform mold
remediation activities are provided with, fit tested for, and trained
in the correct use of personal protective equipment appropriate for
the activities to be performed;
(3) ensure that all supervised persons performing mold
remediation activities are licensed or registered under this chapter;
(4) ensure that the training and license or registration
of each individual who is required to be licensed or registered to
perform mold remediation activities under this chapter is current;
(5) comply with the requirements under §78.64(f)(2)-(3),
(5)-(9), and (11) if the licensee provides mold remediation worker
training as authorized in §78.68(d);
(6) maintain copies of the required training documents
in accordance with §78.74(b)(2) if providing mold remediation
worker training as authorized in §78.68(d);
(7) accurately interpret field notes, drawings, and
reports relating to mold assessments;
(8) inquire of the client whether any known or suspected
hazardous materials, including lead-based paint and asbestos, are
present in the project area;
(9) advise clients about options for mold remediation;
(10) comply with standards for preparing mold remediation
work plans, as presented in training course materials or as required
by the mold remediation company by whom the contractor is employed;
(11) properly prepare each mold remediation work plan
that the mold remediation contractor prepared by:
(A) signing and dating the cover page;
(B) including the license number and license expiration
date on the cover page; and
(C) initialing the work plan on every page that addresses
the scope of work and on all drawings related to the remediation work;
(12) provide to each client a mold remediation work
plan for the project at least one calendar day before the mold remediation
preparation work begins;
(13) submit the required notification to the department
as described in §78.110, unless employed by a licensed mold remediation
company; and
(14) provide to the property owner a completed Certificate
of Mold Damage Remediation as specified under §78.150.
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