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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 78MOLD ASSESSORS AND REMEDIATORS
RULE §78.10Definitions

  (37) Residential property--A property containing one or more residential dwelling units intended to provide living quarters for more than a transitory period, including a residential property that is vacant or under construction. A residential property includes dormitories and employee housing in a non-residential setting (e.g., staff housing at an institutional or commercial facility). Residential properties do not include:

    (A) lodgings (such as hotels and motels) that rent units on a transient basis;

    (B) institutional facilities that provide care or oversight for residents or inmates (such as hospitals, nursing homes, homes for children with physical or mental disabilities, mental institutions, jails, prisons and detention centers); and

    (C) former residential properties that do not currently provide living quarters (such as houses converted into shops or restaurants).

  (38) Responsible person--An employee or principal designated by a licensed mold assessment company, mold remediation company, or mold analysis laboratory or by an accredited mold training provider as responsible for its operations and compliance with rules concerning mold-related activities or mold-related training.

  (39) Routine cleaning--Cleaning that is done on a regular basis and in a regular course of procedures.

  (40) Start-date--The date on which a mold remediation begins. Preparation work is not considered mold remediation.

  (41) Stop-date--The date following the day on which final clearance for a mold remediation project is achieved.

  (42) Supervise--To direct and exercise control over the activities of a person.

  (43) Survey--An activity undertaken in a building to determine the presence, location, or quantity of indoor mold or to determine the underlying condition(s) contributing to indoor mold contamination, whether by visual or physical examination or by collecting samples of potential mold for analysis.

  (44) Total surface area of contiguous square feet--The contiguous area of surface material that needs to be cleaned or removed to remediate visible mold contamination.

  (45) Training hours--Hours spent in classroom instruction, hands-on activities, and field trips, including time used for course tests and brief breaks but not including scheduled lunch periods.

  (46) Visible--Exposed to view; capable of being seen.

  (47) Work analysis--A mold remediation protocol.

  (48) Work plan--A mold remediation work plan.

  (49) Working days--Monday through Friday, including holidays that fall on those days.


Source Note: The provisions of this §78.10 adopted to be effective November 1, 2017, 42 TexReg 4619

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