New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo

On January 29, 2015 Governor Andrew Cuomo signed New York State Senate Bill S3667D-2013 which will create Article 32 to the Labor Law.  This article will establish the licensing of mold inspection, assessment, and remediation specialists and minimum work standards.  According to the bill the law goes into effect in 180 days of January 29, 2015, or if we calculate this right July 28, 2015.  This law is so important to the abatement industry the Professional Abatement Contractors of New York (PACNY) at the last minute added two speakers (Mr. Chris Alonge from DASNY and Matthew Darin from Bluepoint Environmental) to speak on the law at their 19th annual environmental conference at Turning Stone Casino being held from February 25-27.  Click here for the registration form.

Article 32 will require companies doing mold remediation, like above, to be licensed in NYS

Several important points of the new law are in the bill already, in Section 1: Title 1 is the definitions and the following points:

• Defines the difference between mold remediation (conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold) and mold assessment (inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth, and/or indicia of conditions that are likely to facilitate indoor mold growth).
• To be licensed in NYS you must be at least 18 years old; must have completed a NYS Department of Labor (NYSDOL) approved course work including training on the appropriate use and care of personal protection equipment (PPE) as approved by NYS Department of Health (NYSDOH); and paid appropriate fees.
• Exemptions to licensing in the standard include:
• Design professional licensed pursuant to Title 8 of the Education Law (Registered Architects or Professional Engineers) performing mold inspection, assessment, remediation, and or abatement tasks or functions if the person is acting within the scope of his or her practice, 
• residential property owner who performs mold inspection, assessment or remediation on his or her own property;
• non-residential property owner, or the employee of such owner, who performs mold assessment or remediation on an apartment building owned by that person that has not more than four dwelling units; and
• an owner or a managing agent or a full-time employee of an owner who performs mold assessment or remediation on commercial property owner by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment or remediation for the public.
• Prohibits a person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor.
• Authorizes NYS to impose civil penalties and revoke a contractor's license after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause. (the bill has a list of items).

The next area, Title 2, details the minimum work standards for the conduct of mold assessments and mold remediation by licensed persons.  This includes:

• A mold assessment licensee to prepare a mold remediation plan that is specific to each remediation project, the plan must specify:
•  the rooms or areas where the work will be performed;
• the estimated quantities of materials to be cleaned or removed;
• the methods to be used for each type of remediation in each type of area;
• the PPE to be supplied by licensed remediates for used by licensed abaters;
• the proposed clearance procedures and criteria for each type of remediation in each type of area;
• when the project is a building that is currently occupied, how to properly notify occupants of such projects.....
• an estimate of cost & an estimated time frame for completion; &
• when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture.
• Requires posting of the remediation project
• Requires that containment cannot be removed any person until the mold remediation licensee overseeing the project has received a notice from a mold assessment licensee that the project has achieved clearance which shall be determined by post-remediation assessment.
• The post-remediation assessment shall determine:
• the work area is free from all visible mold; and
• all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan.

The interesting parts that are left out are the specifics about the training requirements to become licensed as an assessor or remediator/abater.  These specifics have been left to NYSDOL to create with some assistance from NYSDOH.  Licensing and recertification will be good for two years and you will need to take a refresher course which is also left to NYSDOL to create.  It will be interesting to see if individuals certified by the American Council for Accredited Certifications (ACAC), or the American Board of Industrial Hygiene (ABIH) will have to take the courses that NYSDOL creates.  The only exemption in the law are for Professional Engineers & Registered Architects.  Whoever, creates this process could go to ACAC which has assisted other states with this type of licensing.  Only time will tell.  Tick Tock! Tick Tock! 

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• Florida Property & Casualty Association Opposes DBPR's Proposed Rules 61-31.701 and 61-31.702, Minimum Standards and Practices for Mold Remediators

Strong Link Between Mold & Asthma in Children.

Image via WikipediaThe current issue of Indoor Environment Connection's front page article is "Strong Link Between Mold and Asthma in Children" written by Tom Scarlett.  The article discusses a new study that appeared in the Annals of Allergy, Asthma, and Immunology, this study indicates that children living in homes with high levels of mold had more than twice the risk of developing asthma than did children in mold-free homes.  The article does a really good job of putting together results from several studies to point out the risk of children developing asthma from mold exposures.  Discussed in the article is the metric, "Environmental Relative Moldiness Index" (ERMI) that was used in the study to determine the exposure level of the occupants.  It will be interesting how we can use ERMI to help us quantitatively describe the mold burden in future studies and testing.

Related articles

• Mold Exposure Has Greater Impact on Infants (futureenv.blogspot.com)
• Will Rogers Institute Creating Asthma Awareness (thefoodallergymom.wordpress.com)
• Mold Exposure in Infancy Raises Asthma Risk (webmd.com)
• Household Mold During Infancy May Trigger Asthma (nlm.nih.gov)
• Well Blog: Asthma More Likely Among Children of Overweight Mothers (well.blogs.nytimes.com)
• What Causes Asthma Attacks? (healthadel.com)

Mold Exposure Has Greater Impact on Infants

Image by yori kato via FlickrA new study published in the journal Annals of Allergy, Asthma & Immunology has shown that mold exposure has much greater impact in infants during their formative years. The article on this study was published online at the Environmental News Network. For certain individuals, the inhalation of mold can be extremely hazardous for the lungs, respiratory system, and overall well-being.  Some people are more susceptible than others to the symptoms caused by airborne mold, but it is generally accepted that mold exposure is unhealthy for all.  The new study found that infants living in moldy homes are much more likely to develop asthma by age 7.
"Early life exposure to mold seems to play a critical role in childhood asthma development," says Tina Reponen, PhD, lead study author and University of Cincinnati (UC) professor of environmental health.  "Genetic factors are also important to consider in asthma risk, since infants whose parents have an allergy or asthma are at the greatest risk of developing asthma."
Mold growth is linked to environments with elevated levels of moisture.   For example, basements are a common spot for mold because of underground moisture, periodic flooding from storms, and lack of air flow.   Mold will start growing on surfaces like drywall, concrete, plywood, and other building materials.   Microscopic spores can then be released into the air and find their way into the lungs. Once in the body, the spores can cause fungal infections, allergic reactions, irritation of the eye, nose, and throat, etc.   Long-term effects include serious respiratory infections like asthma or bronchitis.
The recent study, conducted by researchers from UC and Cincinnati Children's Hospital, utilized seven years of comprehensive data for 176 children.   The data was used to evaluate the effects of mold exposure from early life.   The analysis took into account the likelihood of developing allergies based on family medical history.
The children in the study came from a much larger study in the Cincinnati area. The 176 children selected come from homes which contained mold.   Mold was measured in the their homes using an EPA method known as environmental relative moldiness index (ERMI).   In this method, mold exposure levels are measured using a DNA-based analysis tool which combines the analysis of 36 different mold types into a single index.  Link to published article: http://www.annallergy.org/article/S1081-1206%2811%2900313-9/abstract

Related articles

• Mold Exposure in Infancy Raises Asthma Risk (webmd.com)
• Household Mold During Infancy May Trigger Asthma (nlm.nih.gov)
• EPA Issues Press Release On Reducing Asthma Attacks During Summer (futureenv.blogspot.com)
• Antibiotic Use May Be Linked to Kids' Asthma Risk (webmd.com)

Flooding Devastating Upstate New York, Vermont, & Quebec, Too

Flooded Area of Plattsburgh 

In the beginning of May, we traveled to Plattsburgh, New York to perform our annual asbestos refresher training in the area.  The week before we arrived we started hearing a little about the flooding of Lake Champlain.  This flooding was causing some problems and damage in the area.  Alot has been written about the flooding of the Mississippi River and its impact to various cities and areas along its banks.  Because the media's attention is focused on those areas, the media has not paid much attention to the Lake Champlain flooding.
The average water level for Lake Champlain is 95.5 feet and the flood tage for the lake is considered 100 feet.  The previous high-water mark for the lake was set in 1993 at 101.89 feet.  Preliminary high-watermark estimates for 2011 is 103.2 feet.  The lake is being filled with snow-melt and incessant rain from the Adirondacks in New York State and the Green Mountains of Vermont.  In addition, the Richelieu River in Canada, which Lake Champlain flows into, was at record levels, too, prompting severe flooding there.  It's estimated that it could take until July to drop below flood stage levels. 
In Vermont floodwaters threaten to cut-off about 7,500 people who live in the Grand Island Counties while in New York over 100 people were driven out of their homes and 48 people were being sheltered by the American Red Cross in the Crete Memorial Civic Center, after the flooding at Lakeside Apartments, in Plattsburgh.
The flooding in this region could cause some major issues.  The slow rate the water is receding will give fungi (mold and mildew) and bacteria a chance to grow and fester.  The following video on YouTube, Avoiding IAQ Problems after a Flood will help you handle many of the issues that flooding brings to the table.     

Related articles

• In Vermont, overflowing Lake Champlain floods (seattletimes.nwsource.com)
• In Vermont, overflowing Lake Champlain floods (troyrecord.com)
• In Vt., engorged Lake Champlain slowly tortures (seattletimes.nwsource.com)
• Severe Storms Wreak Havoc From Vermont to Georgia (abcnews.go.com)
• Violent Northeast storms bring flooding, outages (seattletimes.nwsource.com)
• Military help to double for flooded Quebec region (theglobeandmail.com)
• Vt. flooding raises Champlain pollution concerns (seattletimes.nwsource.com)
• Residents brace for more rain along Richelieu River in Quebec (canada.com)

Future Environment Designs Sponsors Stachybotrys Public Outreach Video Link



Stachybotrys Charturum on Sheetrock

Future Environment Designs is proud to sponsor this Public Outreach Video on Stachybotrys Charturum.  The video was designed to help the public have a better understanding of this fungi and the mycotoxin it may produce. We hope you enjoy it and it assists you better understand stachybotrys charturum.

Related articles

• Future Environment Designs Sponsors Aspergillus & Aspergillosis Video (futureenv.blogspot.com)
• Black Mold Symptoms & Blood Tests (brighthub.com)

Future Environment Designs Sponsors Aspergillus & Aspergillosis Video

Image via Wikipedia

Future Environment Designs is proud to sponsor this informative video on aspergillus and aspergillosis.  The video was designed to help the public have a better understanding of this fungi and disease that it may cause in susceptible indviduals.  We hope you enjoy it and it assists you better understand aspergillus.

Related articles

• Drug-resistance fears for deadly fungal disease (eurekalert.org)
• Same fungus, different strains: A comparative genomics approach for improved 'green' chemical production (sciencedaily.com)
• Parents sue Campbell school board over classroom mold (knoxnews.com)
• Allergic Fungal Sinusitis Overview (brighthub.com)

Inspectors Discover Asbestos at East Hampton Middle School

Mold behind sheet rock (asbestos joint compound?).

Interesting article "Inspectors Discover Asbestos at East Hampton Middle School" regarding asbestos and mold in the East Hampton Patch.  Kind of interesting how this ties into my last post regarding avoiding tunnel vision.  The original focus of the inspection was mold and Ms. Barbara Eisenberg, the inspector for the New York State Department of Labor, instead found asbestos containing debris.  This is another perfect example of making sure all issues are addressed not just the mold concern but realizing the mold may be growing on the asbestos containing material and the asbestos needs to be addressed, too.  Since asbestos is regulated in New York State and mold is not (yet?), the asbestos will take priority in the way the work will be handled. 

Related articles

• New York State Releases FAQ on Asbestos Analysis (futureenv.blogspot.com)
• How to cover your Asbestos insulated plumbing pipes.. (sellinghighpoint.com)
• Dollar Tree Store in Newport fined for asbestos violations; repairs scheduled (newdayunderwriting.wordpress.com)
• All clear for asbestos-affected classroom (news.theage.com.au)
• Asbestos Article in Indoor Environment Discusses Cross Issues with Radon (futureenv.blogspot.com)
• Popcorn ceilings no treat to get rid of (sfgate.com)

Could NYS Be Promulgating Lead and Mold Regulations in 2011.

 

Image via Wikipedia

Brains of Adults Who Were Exposed to Lead as Children

A recent legislative/regulatory report for New York State by the American Industrial Hygiene Association's (AIHA) Government Affairs Department indicates legislative/regulatory activity on mold, lead based paint, and even asbestos.  The Person Engaged in Commercial Mold Remediation legislation is currently being reviewed in the Assembly's Committee on Environmental Conservation, while the Childhood Lead Poisoning Primary Prevention and Safe Housing Act is being reviewed in the Assembly's Health Committee. Indications are that both legislation will require licensing and/or certification of individuals performing this work in New York State.  2011 NY A 1769 Mold Legislation (introduced 1/11/11) will require applicants for a license to submit proof or certification by the American Council for Accredited Certification (ACAC) or any other nationally recognized, third-party accredited certifying body that operates independently of training organizations and industry trade associations.  An applicant for an initial license must pass the department licensing examination in that area of licensure with a score of at least seventy percent correct before applying for the license.  All applicants must pass the department licensing examination within six months of earning certification.  While 2011 NY A 728 Childhood Lead Poisoning Primary Prevention and Safe Housing Act will require the New York State Department of Health (NYSDOH) to promulgate rules and regulations that shall provide for, but not be limited to, qualifications of individuals eligible to conduct such inspections, standards of practice, procedures or protocol for conducting such inspections and requirements for written reports documenting the results of such inspections. To satisfy the requirements of this paragraph, the NYSDOH may adopt regulations sufficient to satisfy the requirements of 40 C.F.R. Part 745 Subpart Q or successor regulation. It would also allow the NYSDOH to promulgate rules and regulations sufficient to satisfy the requirements of 40 C.F.R. Part 745 Subpart Q or successor regulation, governing the accreditation of persons engaging in lead based paint activities.  Don't forget it will also establish by regulation a schedule of fees for the accreditation and registration of persons engaging in lead-based paint activities or conducting inspections for conditions conducive to lead poisoning or lead-based paint activities. Such fees shall be required to be paid at the time of initial registration and at the time of subsequent renewal of registration and shall be deposited into the childhood lead poisoning primary prevention and safe housing fund established pursuant to section ninety-nine-t of the state finance law.
Along with many of you, I don't know what the chances are of these regulations actually being promulgated.  It will be interesting to see if the new year sees us with both lead and mold regulations.  In addition, their seems to be movement on the asbestos front on a new regulation taking into account the Deutsche Bank fire issues.  The PACNY Environmental Conference is in three weeks and we will see if Mr. Chris Alonge has anything new to say about the asbestos regulations.

Related articles

• Making Our Homes Safe and Healthy (whitehouse.gov)
• AIHA Registry Programs Launches New Program For XRF Field Measurement Registry (futureenv.blogspot.com)
• Lead-based paint a real concern in homes, apartments (seattletimes.nwsource.com)
• NYS Toxic Mold Task Force Completes Final Report (futureenv.blogspot.com)
• Lead poisoning prevention is key (timesunion.com)
• 24 Chinese children treated for lead poisoning (cbc.ca)

Save The Date For PACNY's 15th Annual Environmental Conference

Image via Wikipedia

Table-level view of Live Poker at Turning Stone.

The Professional Abatement Contractors of New York (PACNY) has announced a save the date of March 10th & 11th, 2011 at the Turning Stone Resort & Casino in Verona, NY for their 15th Annual Environmental Conference.  Visit their website at: http://www.pacny.org/conferences.asp for conference and sponsorship information.  This annual event is always a pleasure to start the year off.  See our previous posts regarding our attendance at past events.  We look forward to seeing you there.
2010 Environmental Conference
2009 Environmental Conference
2008 Environmental Conference

Mold Complaint Dismissed

Water-damaged ceiling tiles is an indication of a moisture control problem

An article published December 23, 2010 in the Suffolk-News Herald (VA) said a lawsuit filed by a former teacher (claiming mold in her classroom made her sick) against the School Board was dismissed by a United States District Court judge last week.  The former teacher, Christina Hood, had claimed that she began suffering medical problems after beginning her job as a teacher at Booker T. Washington Elementary School in 2007. She said itchy and irritated eyes, a rash, sinusitis and bronchitis were caused by mold in the school.  She had requested damages of $1.5 million.  Hood’s complaint accused the School Board of deliberately exposing her to dangerous conditions at the school, claiming that the board knew of the mold and bacteria growths before she was hired.  She also alleged that the School Board was deliberately indifferent to her health and safety.
In a motion for dismissal, however, School Board attorney Wendell Waller noted that the school system had not been indifferent to Hood’s medical condition.  The response states that the school’s management had allowed Hood to put a dehumidifier in her classroom and frequently inquired as to her condition.  The School Board also retained a professional company to inspect Hood’s classroom for mold.  The assistant director for facilities and planning also inquired about Hood’s past medical condition and her symptoms, inspected the classroom for mold and took air samples.
The school division also had Hood’s classroom cleaned thoroughly several times and was willing to transfer her to a middle-school position teaching seventh-grade math, but Hood was licensed only up to sixth grade.
“The facts alleged … fail to meet the strict ‘shock the conscience’ standard because the defendants did not ignore Hood’s complaints but did in fact take steps to remedy conditions in Hood’s classroom,” the motion for dismissal stated.
This case shows it is important for facility directors to take the concerns of individuals complaining about indoor air quality seriously.   Facility directors should implement an indoor air quality management program to ensure you document all that was done to resolve the indoor air quality complaint.

Related articles

• Has indoor air quality been getting better or worse in recent years? (greenanswers.com)
• Christmas trees and decorations may trigger allergies (seattletimes.nwsource.com)
• Downtown schools face overcrowding pressure (cbc.ca)
• Investigate Your Indoor Air Quality (everydayhealth.com)

NYS Mold Task Force Report Open For Comments

Stachybotrys chartrum (toxic mold) growing inside the wall.

New York State Mold (fungi) Task Force was created by Section 1384 of the New York State (NYS) Public Health Law (enacted in Chapter 356 of the laws of 2005; amended by Chapter 198 of the laws of 2006).  The Task Force was charged with preparing a report to the Governor and the Legislature on mold (fungus)/toxic mold.  The report would assess and measure, "based on scientific evidence, the adverse environmental and health effects of mold exposure, including specific effects on population subgroups at greater risk of adverse effects; assessing the latest scientific data on mold exposure limits; identifying actions taken by state and local government and other entities; determining methods to control and mitigate mold."  The New York State Departments of Health and State have completed a draft report (click on the title link) and are accepting comments from the public  until October 12, 2010.   Comments can be submitted by email to: moldtf@health.state.ny.us


Comments can be submitted in writing to:

Michelle Lavigne
Bureau of Toxic Substances Assessment
Flanigan Square Room 330
547 River Street
Troy, NY 12280

Questions: (518) 402-7820 or 1-800-458-1158