| (a) Licensing requirements. An individual must be licensed
as a mold assessment consultant to perform activities listed under
subsection (b). A licensed mold assessment consultant who employs
more than one individual required to be licensed under this section
or under §78.50, must be separately licensed as a mold assessment
company under §78.54.
(b) Scope. An individual licensed under this section
is also licensed to perform all activities of a mold assessment technician
listed in §78.50(b). In addition, a licensed mold assessment
consultant is licensed to provide mold assessment services including:
(1) 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;
(2) conduct activities recommended in a plan developed
under paragraph (1) and describe and interpret the results of those
activities;
(3) determine locations at which a licensed mold assessment
technician will record observations, take measurements, or collect
samples;
(4) prepare a mold assessment report, including the
observations made, measurements taken, locations of samples collected,
analysis results, and analysis and interpretation of results of samples
taken by the consultant or by a licensed mold assessment technician
during the mold assessment;
(5) develop a mold management plan for a building,
including recommendations for periodic surveillance, response actions,
and prevention and control of mold growth;
(6) prepare a mold remediation protocol, including
the evaluation and selection of appropriate methods, personal protective
equipment (PPE), engineering controls, project layout, post-remediation
clearance evaluation methods and criteria, and preparation of plans
and specifications;
(7) evaluate a mold remediation project to certify
that mold contamination identified for the remediation project has
been remediated as outlined in a mold remediation protocol;
(8) evaluate a mold remediation project to certify
that the underlying cause of the mold has been remediated so that
it is reasonably certain that the mold will not return from that remediated
cause; and
(9) complete appropriate sections of a Certificate
of Mold Damage Remediation as specified under §78.150(b).
(c) Qualifications. An applicant for a mold assessment
consultant 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 in an allied field; or
(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
(3) a high school diploma or a GED certificate and
at least five years of experience in an allied field; 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 in an allied field.
(d) Eligibility for licensing. To obtain a mold assessment
consultant 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(c);
(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(c).
(f) Responsibilities. In addition to the requirements
of §78.70 and all other applicable responsibilities in this chapter,
a licensed mold assessment consultant shall:
(1) provide adequate consultation to the client to
diminish or eliminate hazards or potential hazards to occupants caused
by the presence of mold growth;
(2) provide, in accordance with a client's instructions,
professional services concerning surveys, building conditions that
have or might have contributed to mold growth, proper building operations
and maintenance to prevent mold growth, and compliance with work practices
and standards;
(3) comply with mold sampling protocols as presented
in training course materials or as required by his/her employer;
(4) inquire of the client whether any hazardous materials,
including lead-based paint and asbestos, are present in the project
area;
(5) utilize the services of a laboratory that is licensed
by the department to provide analysis of mold samples;
(6) sign and date each mold assessment report and each
mold management plan that the mold assessment consultant prepares
and include that consultant's license number and expiration date on
each report and each plan;
(7) sign and date each mold remediation protocol on
the cover page, including the mold assessment consultant's license
number and expiration date. The consultant must also initial the protocol
on every page that addresses the scope of work and on all drawings
related to the remediation work;
(8) review and approve changes to any protocol by signing
or initialing according to paragraph (7);
(9) provide to the client a mold assessment report
following an initial (pre-remediation) mold assessment. If the consultant
includes the results of the initial assessment in a mold remediation
protocol or a mold management plan, a separate assessment report is
not required;
(10) provide to the client a mold remediation protocol
at least one calendar day before a mold remediation project begins;
(11) 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;
(12) ensure that each person performing mold assessment
activities is licensed in accordance with this chapter, as applicable;
(13) ensure that the training and license of each employee
that is required to be licensed under this chapter are current;
(14) if the mold assessment consultant 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
(15) provide a passed clearance report to the client
as specified under §78.140(d) and complete applicable sections
of a Certificate of Mold Damage Remediation as specified under §78.150(b).
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