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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NYS Senate Considering Asbestos Notification Fee Changes

Image by Getty Images via @daylifeThe New York State Senate is considering changes to the notification fees paid by residential homeowners.  These changes are being considered, because currently, a very small percentage of asbestos project notifications are received from projects involving owner occupied one or two family structures.  The NYS Senate believes that so few of these notifications are received because the current fee structure is cost prohibitive, which results in homeowners either doing the abatement project illegally themselves or not doing the project at all.  If home-owners are charged a fee of no more than five hundred dollars ($500) for the project notification it will result in improved compliance and an increase in the number of homeowner asbestos project notifications received by the NYS Department of Labor, since it would become more economically feasible to comply with the law.   For more information S748-2011 can be found at: http://m.nysenate.gov/legislation/bill/S748-2011.

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Deutsche Bank Fire Defendants All Acquitted Of Charges.

Last week, the three defendants charged with manslaughter and other charges of causing the fatalities at the former Deutsche Bank building, were acquitted of all charges.  The jury cleared two former managers, Jeffrey Melofchik and Salvatore DePaolo, on June 29, while the Criminal Court Judge Rena K. Uviller acquitted Mitchel Alvo, on July 6.  Uviller also tossed out the major charges against the subcontractor, The John Galt Corp., convicting the company only of a misdemeanor count of reckless endangerment.

Image via Wikipedia

The former Deutsche Bank building was undergoing asbestos abatement and demolition at the time of the fire in 2007, that caused the death of firefighters Robert Beddia 53, and Joseph Graffagnino, 33, who died trying to fight the blaze.  Charges included multiple counts of negligent homicide, manslaughter and reckless endangerment.
Defense attorneys were able to convince the judge and jury that the actual causes were more complicated.  Those complications included:

• New York City Fire Dept. did not abide by the 15-day rule of inspections
• Errors made by the Lower Manhattan Development Corp. (LMDC)
• The negative air system used in the abatement caused rising smoke to descend and block the firefighters vision.

It seems this may not be the end of the Deutsche Bank fire issues, because the Uniformed Fire Officers Association, which felt that the wrong people were charged, and thought the defendants were scapegoats, released the following statement: "We urge the Manhattan District Attorney Cyrus Vance heed his self-described duty as to do what is right in every case without fear or favor, wherever that may lead by re-opening an investigation into the Deutsche Bank fire.  In fact, we are demanding that the District Attorney conduct an investigation into the LMDC."

EPA Issues Press Release On Reducing Asthma Attacks During Summer

Image via WikipediaThe Environmental Protection Agency (EPA) warns that hot weather can cause ozone levels to rise, making the air unhealthy to breathe, especially for people with asthma or other respiratory ailments.  Throughout the hot summer months, it’s important to pay close attention to the air quality. Like the weather, air quality can change from day to day or even hour to hour, and can have a serious affect on people’s health.

The Air Quality Index uses a color-coded system to display whether the five major air pollutants exceed air quality standards for the day.  When the Air Quality Index reports unhealthy levels, people, particularly asthmatics and others with respiratory ailments, should limit strenuous outdoor activities.

During the summer when ozone levels rise, the number of people with asthma related symptoms admitted to hospitals and emergency rooms increases.   Asthma rates – especially among children – have increased dramatically.  Asthma affects 25 million people in the United States, including seven million children.  That’s 8 percent of the population.  One out of every 10 school-aged children is affected. In addition to talking with health care providers, these steps can help prevent an asthma episode:

• Play it safe. Ground-level ozone and particle pollution can make an asthma episode even worse. Look for the Air Quality Index (AQI) during the local weather report or go to EPA’s website http://www.airnow.gov
• Don’t smoke in the home.  Take it outside.  One of the most common asthma triggers in the home is second- hand smoke.  Take the EPA ‘smoke-free home’ pledge: http://www.epa.gov/smokefree
• Break the mold.  Mold is another asthma trigger.  The key to controlling mold is controlling moisture.  Wash and dry hard surfaces to prevent and remove mold.  Remove, and if possible replace, moldy ceiling tiles and carpet.  For more see EPA’s website: http://www.epa.gov/asthma/molds.html

For information on EPA’s regional asthma program and other asthma triggers please see: http://www.epa.gov/asthma/awm

To hear an audio podcast about asthma: http://www.epa.gov/region2/mediacenter/podcast.html

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Gov. Paterson Proposes Eliminating New York Participation in Federal Superfund Program

Image via WikipediaIt seems to us that our lame duck Governor is doing all the nasty and dirty work before the incoming Governor has to.  Between laying off state workers, firing the Commissioner of the New York State Department of Environmental Conservation (NYS DEC), and now eliminating New York State's participation in Superfund, its to bad we can't get a tax cap in place, too.  It concerns us how NYS DEC will be able to handle all the work that is scheduled for NYS.  Between the Hudson River Dredging project, the Gowanus Canal and Newtown Creek just to mention a few.  We need to make sure that Governor Patterson's obvious attack on the NYS DEC does not hamper or significantly hinder its ability to perform its functions in New York State.

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Watertown Daily Times | Asbestos suspected in cellar of plaza

Code enforcement official (CEO) stops illegal asbestos removal work.  This is a good sign that some CEOs are starting to learn the asbestos requirements and bodes well for the asbestos industry.  Maybe we'll see less cheating, which will create more work for the asbestos industry.

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NYS Requires Crane Operator Certificate of Competence

With the new Occupational Safety and Health Administration (OSHA) regulation gradually going into effect, one of the more interesting parts of the regulation is the fact that the regulation does not pre-eminent state and local regulations. 
Crane operators in New York State must realize in addition to complying with the new OSHA regulation, they must also comply with New York State requirements that requires them to get a Certificate of Competence.  This requirement applies to all cranes having a manufacture’s maximum rated capacity exceeding five tons or over forty feet of boom length and to all tower cranes. This applies whether the crane is used for construction, demolition, or excavation work.

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Future Environment Designs Sponsors Asbestos Video

Future Environment Designs sponsored this video to assist with Keeping Your Family Safe by being aware about the dangers of Asbestos.  Realize New York State and New York City asbestos regulations are some of the strongest in the country and both regulate residential asbestos isnpections, removal, and monitoring.

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