NYC DEP Seeks Public Comments on Mold Notification Requirement

New York City Department of Environmental Protection (NYCDEP) is requesting public comments on a Notice of Mold Remediation Work.  A public hearing is being held on Wednesday, February 6, 2019, at 11:00 AM in the NYCDEP's 8th-floor conference room at 59-17 Junction Boulevard, Flushing, New York 11373.  The public comment period closes Wednesday, February 6, 2019.

Mold Growth in Corridor

Local Law Number 61 of 2018 (also known as Intro 978-D) amended the Administrative Code by adding a new Section 24-154, which provides that, before the performance of mold remediation work in certain buildings, the New York State-licensed mold remediation contractor must file a notice of mold remediation with NYCDEP no later than two business days before the project start date.  Section 24-154(c)(3)(b) further provides that notice may be filed within 24 hours after the project starts, instead of at least two days before, if the mold condition to be remediated poses an immediate risk of harm to any person or damage to property.  The purpose of the above public comment period is to establish a rule when such risk of harm exists.  In other words what the exception for two-day notification would be.  NYCDEP is proposing that projects that have at least 30 square feet or more of visible mold within one room or excessive water accumulation or flooding exists could notify NYCDEP 24 hours after the project starts with appropriate documentation that the condition exists.

Mold Abatement/Remediation/Assessment Course for Article 32 Licensing

Local Law 61 of 2018 went into effect on January 1, 2019.  The law requires licensing pursuant with New York State Department of Labor's Article 32 "Licensing of Mold Inspection, Assessment, and Remediations Specialists and Minimum Work Standards Law" to assess, remediate, and abate for mold incidents larger than 10 square feet.  The bill applies to residential buildings containing 10 or more units or commercial buildings larger than 25,000 square feet.  This law prohibits the owners or their direct employees from performing mold remediation or assessment work, which Article 32 allows.  Under this law, the person holding a mold assessment license must file with the NYCDEP a mold remediation form and work plan as well as a mold post assessment form and a mold certification form.  These forms are located at NYCDEP's Air Pollution website under Mold Remediation and Assessment.  It appears it will be an electronic submission and consists of a 6-page form for the mold remediation plan and a 4-page form for the mold post-assessment.