Search This Blog

Showing posts with label mold licensing. Show all posts
Showing posts with label mold licensing. Show all posts

Wednesday, May 15, 2019

Over 600 Attend the 23rd Annual PACNY Environmental Conference - A Most Successful Conference!

The third day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York, is typically called Regulatory Day because of the New York State Department of Labor attending and discussing the status of the programs they run.  This year's conference was the most attended conference with over 600 attendees, attending the three-day conference.  Ms. Deb Sanscrainte, of Aramsco, and the chairman of the conference, and Ms. Lisa Brown, of Summit Environmental, administrator of PACNY did what has become their routine process of getting the conference together (the most successful ever!), keeping everyone on point, focused on the conference, and the presentations.  Peter DeLucia and Greg Mance of AAC Contracting worked the audiovisual equipment as pros, even though this was there the first conference working the audiovisuals.  They have also made sure that they have gotten most of the presentations up on the PACNY website, click here.  Usually, the day after the vendor reception, the next morning starts out very slowly.  With vendors and attendees enjoying coffee, tea, and danishes in the vendor area.

Vendor Reception
The conference opened with a discussion of the hazards of lead-based paint by Mr. Kevin Hutton of Rochester Colonial Manufacturing.  Followed by Mr. Stephen Gheen, P.E. of Gheen Engineering speaking on New York State Department of Education (NYSED) rules regarding hazards of lead-based paint and the Environmental Protection Agency (EPA) has different certifications and licenses for working in schools on lead-based paint.  Then Mr. Peter DeLucia of AAC Contracting spoke on the Occupational Safety and Health Administration (OSHA) regulations regarding lead exposure.  All three then took questions and answers from the audience regarding lead-based paint.  All three presentations can be found on PACNY's website.

Lead Panel Discussion - Stephen Gheen, Kevin Hutton, & Pete DeLucia
After a short break, the conference proceeded with the New York State Department of Labor (NYSDOL) panel consisting of Dr. Eileen Franko, the Director; Mr. James Meacham Program Manager, Asbestos Control Bureau; Mr. Kirk Fisher, Program Manager, Licensing & Certification; and Mr. Ed Smith, Program Manager, Engineering Services Unit.  Questions and answers session was moderated by Mr. Tim Thomas of Tetra Tech Engineering.

Questions for the Lead Panel
Mr. Meacham filled us in that NYSDOL received another 3-year grant (runs through to 2021) to audit school's compliance with the EPA's Asbestos Hazard Emergency Response Act (AHERA).  To date, NYSDOL has audited 115 schools throughout the state.  Dr. Franko re-emphasized as she does every year that Article 32 the mold law is a consumer protection law and there are limitations in the law.  Mr. Fisher informed us that the online notification systems are not working they want and because of staffing issues licenses and certifications are taking 30 days to 6 weeks to process.  Mr. Smith informed us that they will start working on the fast track variances, again.  Fast Track Variances are a pilot program for certain site-specific variances (SSV).  These are common variances that are issued on a regular basis.  They are planning 9 variances to be available at the start of the program - negative air shutdown, exhausting to an interior space, elevator door removal, fire door removal, crawlspace with dirt floor, intact component removal, buried cementitious (e.g., Transite) pipe, HEPA drilling spot removal, & air sampling at elevated exhaust duct locations.   These would be the guidelines for getting a fast track variance:

  • A completed SH-752 form must be submitted. The form must include all the necessary information for obtaining a variance, including the hardship. NO information about the work plan should be included with the application.
  • The SH-752 form must be submitted by a certified Project Designer working on behalf of the Petitioner.
  • The variance fee of $350 must be included.
  • In Section 9 of the SH-752 form, the Petitioner's Agent must write in the number of the FTV that is requested.
  • The FTV will be issued as it is written. If some part of the FTV doesn't meet the project's needs, then a standard SSV is required.
  • Other relief cannot be added to the FTV.
  • No re-openings or amendments are allowed.
  • Termination date extension requests will be handled on a case-by-case basis,
  • These FTVs have no bearing on notification times.
During the questions and answers, several questions were asked related to the expiration date of training by NYSDOL versus the expiration date of AHERA.  With NYSDOL's view that this is only an issue for the initial class and that student as long as they comply with the annual training requirement related to the birth month, this is not an issue.  We also learned that NYSDOL has suspended the disruptive enforcement/reconciliation of records process they developed back in 2013 in response to a Thomas DiNapoli audit saying NYSDOL had no process to find those breaking the law for notification, surveys, etc.  According to NYSDOL, they do not have the staffing to handle this at this time.
Mr. Thomas introducing the NYSDOL panel Dr. Franko, Mr. Smith, Mr. Fisher, Mr. Meacham
The conference ended with lunch and Future Environment Designs was proud to be one of the sponsors of the conference.  Though it ended with NYSDOL indicating they are having staffing issues that are obviously impacting licensing, certification, and enforcement.  It was good to hear that NYSDOL is moving forward with the fast track variances.  As usual, we are already looking forward to next year's conference which will be February 26, 27, & 28, 2020.  See you there!

Thursday, January 24, 2019

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. 


Wednesday, October 24, 2018

NYC's Department of HPD Proposes Rules to Implement Indoor Allergen Hazards Legislation

The New York City Department of Housing Preservation and Development (NYCHPD) is holding a public hearing on November 2, 2018, to accept comments on a proposed rule to implement legislation regarding indoor allergen hazards.  To find out how to comment on the proposed rule visit NYC's rule website at https://rules.cityofnewyork.us/content/proposed-rules-regarding-indoor-allergen-hazards.  The proposed rules implement Local Law 55 of 2018, enacted by the City Council.  The legislation establishes an owner's responsibility to investigate for and remediate indoor allergen hazards like mold, cockroaches, mice, and rats in multiple dwellings.  The rules provide for work practices to be used by owners in performing the work to remediate these conditions.  The Local Law goes into effect on January 2019.

Green algae in condensate pan

The new rules include several definitions that are interesting:

  • Indoor allergen hazard - means any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation or an indoor mold hazard.
  • Indoor mold hazard - means any condition of mold growth on an indoor surface, building structure or ventilation system, including mold that is within wall cavities, that is likely to cause harm to a person or that has been cited as a violation by NYCHPD.
  • Pest -means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes, and wasps and members of the Order Rodentia, including but not limited to mice, Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance.
  • Underlying defect means a condition that causes an indoor mold hazard, such as a water leak or water infiltration from plumbing or defective masonry pointing or other moisture condition or causes an infestation of pests, including holes or entryway paths for pests.

Mold on a sheetrock wall

These rules require the owner of the building to make an annual inspection for indoor allergen hazards in apartments and common areas of the building.  It also requires the owner to inspect if the occupant informs them that there is a condition in the apartment that is likely to cause an indoor allergen hazard or the occupant requests an inspection or NYCHPD issues a violation requiring the correction of an indoor allergen hazard in an apartment.  The owner is required to fix an indoor allergen hazard in an apartment using safe work practices specified in these rules.  The owner must provide new tenants with a pamphlet developed by the NYC Department of Health and Mental Hygiene.  Prior to new tenant occupancy, the owner is required to fix all visible mold and pest infestations in the apartment, as well as underlying defects using the safe work practices.  The assessments or work regarding indoor mold hazards must be performed in compliance with Article 32 of New York State Labor Law (Mold Licensing and Minimum Work Practices).  It seems to us if this rule goes into effect tenants have another weapon they can use to make sure their apartments are healthy living environments.

Related Articles:

New York City Asthma-Free Housing Act by Jack Springston, CIH, CSP, FAIHA

NYS Department of Labor Publishes Two New Mold Fact Sheets

Asthma Control Study Indicates a Home Visit Strategy is Successful.

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

NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016.

Mold Legislation Threatens Restoration/Remediation Industries


Wednesday, June 14, 2017

Future Environment Designs Approved to Offer NYSDOL Mold Refresher Courses

Future Environment Designs is happy to announce that New York State Department of Labor has approved our Mold Refresher training course.  This course which will allow Mold Abatement Workers, Mold Abatement Supervisors, Mold Remediation Contractors, and Mold Assessment Contractors & Individuals to renew their license with New York State and continue offering mold services.  The course is an four hour course with a 15 minute break.  Individuals enrolled in the course will be expected to enhance the learning experience by sharing information regarding their experience in the past two years.

Mold Post-Assessment Clearance 
 We will be adding dates to our schedule at Future Environment Design's website now that we are approved to offer these courses.  As usual you can contact us to set up the Mold Refresher classes under our training "At Your Convenience" service.  Look forward to seeing you in class.

Tuesday, March 29, 2016

Another Great PACNY Conference - Part Two

As we discussed in our previous post, the Professional Abatement Contractors of New York's  (PACNY's) 20th Annual Environmental Conference was witty, intelligent, & had a magnetic personality.  Held at the Turning Stone Casino in Verona, New York for all three days was magnetic with excitement.  Wednesday night included the first annual PACNY Poker Tournament won by Mr. Chuck Kirch of Environmental Compliance Management Corp.  However, we digress, the Technical Session on Thursday continued after lunch with presentations from Dr. Bryan Bandli, PhD of RJ Lee Group on the "Quantification of Amphibole Asbestos in Loose Fill Vermiculite - A validation case study" written with an eye to New York State approving it for bulk vermiculite analysis.  Then Ed Cahill of EMSL presented on "Identifying and Dealing with Naturally Occurring Asbestos in Surveys".  Exhibit Hall break followed and the issuing of the wrist bands for the Vendor reception after the last presentation.

Deb Sanscrainte of Aramsco, Lisa Brown of Summit Environmental the PACNY Adinistrator, & Lynn Burlingham of Cornerstone Training Institute
The final presentation of the Thursday Technical Session was Mr. Tom Laubenthal of The Environmental Institute (A division of ATC Group Services).  Mr. Laubenthal's presentation was on the "American Society of Testing Materials (ASTM) E2356-14 Standard Practice for Comprehensive Building Asbestos Surveys" which included a letter from the Environmental Protection Agency (EPA) regarding the ASTM standard and its relevance in performing asbestos surveys for compliance with the National Emissions Standards for Hazardous Air Pollutants' (NESHAP's) "thorough inspection" requirement.  The letter and the standard are extremely helpful information for performing a proper inspection in order to comply with the NESHAP regulations, which we will add to our asbestos inspector courses (a copy of the letter can be found at our Resource Page on our website, Click on the link to the Dropbox Folder.  The letter is in the EPA folder).  The day ended with the vendor reception in the Vendor Hall.  One of the interesting vendors was qub9 Environmental which is creating portable decontamination units from shipping containers.  Unfortunately, they didn't have a container at the conference to see how it would work.  We thank everyone who stopped by our booth to say hello and enter there card for the drawing on Friday.

There were 27 vendors in the vendor hall and the reception was a perfect way to end the Technical Session first day.
It was an honor for me to present on Friday with Mr. Bob Krell of IAQ Tech on the New York State (NYS) Mold Law Article 32.  A big Thank You! to everyone who encouraged me with my first presentation at PACNY.  Our presentation was very well-balanced between technical and overview, in my humble opinion.  The usual highlight of the last day of the conference is the panel from NYS Department of Labor (NYSDOL) led by Dr. Eileen Franko, Director of the Division of Safety and Health; which included Mr. James Meachum, P.E., manager of the Asbestos Control Program; Mr. Ed Smith, P.E. of the Engineering Services Unit; and "Mean" Mr. Kirk Fisher, manager of the License and Certification Unit.  Some of the highlights of the presentations by the panel included changes to Industrial Code Rule 56; additional inspections of school districts regarding compliance with the AHERA (Asbestos Hazard Emergency Response Act) regulation (Long Island School Districts can expect to see NYSDOL this spring); there will be a public comment period for rules and regulations under the new mold law (Article 32) and an expectation that mold supervisors may need to be present at mold projects; code officials must provide condemnation letters for demolition projects; emergency projects are handled on a case-by-case basis and the information should be forthright and accurate; and what consists of a contamination assessment.  Some of the changes to Code Rule 56 are removing the 1974 cut off date and adding responsibilities and teeth to the project monitor.  The conference ended with lunch and a final networking among attendees.

FED Team (Kimberly Granmoe, Sheryl Esposito, Veronica & Angelo Garcia III) at the Vendor Reception
Overall the conference was an excellent source of information, the presentations have helped to improve our classes, and was an excellent networking event in meeting regulators, suppliers, trainers, consultants and contractors.  If you missed the conference and you want to get some additional highlights, you can head over to Twitter and search for our tweets during the conference under the hastag #FEDTCPACNY.  We look forward to attending next year's event (scheduled for March 1-3, 2017, so save the dates) and hope to see you there!

Tuesday, February 16, 2016

Just Over A Week Away - 20th Annual PACNY Environmental Conference

Just about 9 days away is the premier environmental conference for New York State.  The Professional Abatement Contractors of New York's (PACNY's) 20th Annual Environmental Conference is being held at the Turning Stone Casino in Verona, New York from Wednesday, February 24 to Friday, February 26, 2016.  The conference seems to get bigger and bigger each year. Attendees come from all over New York State and even from adjacent States.  Register here for the conference.  For more information about the conference visit PACNY's website.  See the promo video here.

PACNY convention at Turning Stone Casino from Tisa Zito- Old Soul Productions on Vimeo.

This year's conference should be another good one since it is the first conference since Article 32 New York State's (NYS's) Mold Law is in effect.  We are looking forward to Dr. Eileen Franko's presentation on New York State Department of Labor's (NYSDOL) update on the Mold Training on Wednesday and her leading the NYSDOL's panelists on Friday.  For those of you who don't know NYSDOL is charged with enforcing the new NYS Mold Law and has been enforcing NYS's asbestos regulations (Industrial Code Rule 56).  Joining Dr. Franko on Wednesday, will be other training regulators like Mr. Kevin Malone of NYS Department of Health (NYSDOH) updating us on asbestos training, Ms. Theresa Bourbon of Environmental Protection Agency (EPA) updating us on the Lead Renovator, Remodeling, & Painting (RRP) training, and Mr. Doug Miller from the Occupational Safety and Health Administration (OSHA) Outreach Education Center updating us on OSHA education updates.

Thursday's technical session will include presentations on Vermiculite & Zonolite by Mr. Ed Cottingham of the Zonolite Trust Fund and Mr. Bryan Bandhi of RJ Lee Group; Silica presentations from Mr. Jeffrey Prebish of OSHA, Dr. Michael Lax MD, and Mr. Jim Sorel CIH; Polychlorinated Biphenyls (PCBs) from Dr. Daniel Leftkowitz; and Asbestos presentations from Ed Cahill of EMSL and Tom Laubenthal.  After the presentations, there will be the usual cocktail & networking party in the vendor hall.  Visit Future Environment Design's (FED's) booth and meet Ms. Kimberly Granmoe and Ms. Sheryl Esposito, who will be giving out glove-guard gifts to all those who sign up for our Safety Suzy Monthly Newsletter along with a chance to win a $50 Amazon gift card.


Friday's session begins with Mr. Bob Krell of  IAQ Tech and Mr. Angelo Garcia, III of FED discussing the NYS Mold Training.  Then finishes with the NYSDOL panel discussion hosted by Dr. Eileen Franko, including Mr. James Meacham PE, and Kirk Fisher.  It should be quite an informative conference.  Hope to see you there!


Sunday, February 22, 2015

All Eyes Turn To Turning Stone Casino For PACNY's 19th Annual Environmental Conference

This week is the Professional Abatement Contractors of New York's (PACNY's) 19th Annual Environmental Conference.  The conference is being held at Turning Stone Casino in Verona, New York from Wednesday, February 25 through Friday, February 27th.  The conference is New York's premier conference for the abatement and remediation industries.  Like most conferences it consists of meetings and a vendor hall.  Unlike other conferences, regulators usually participate and are the main speakers at the event.  Find the registration form here.  

Turning Stone Casino is a Beautiful Casino
Future Environment Designs (FED) is again sponsoring the event, find our booth in the vendor hall staffed by Ms. Kimberly Granmoe & Ms. Sheryl Esposito, you met both of them last year.  The ladies will help you get our new app for Negative Air Calculations and a parting gift.  If you can't make the event, we will be posting updates on our Twitter feed (https://twitter.com/angelogarcia3) with the hashtag #FEDTCPACNY.

FED's Booth in the Vendor Hall

Last year, the conference expanded to three days, adding the Proficiency Day designed primarily for training providers.  This year PACNY has expanded it to include other proficiency topics.  In addition to Mr. Kevin Malone of New York State Department of Health (NYSDOH) speaking on the training regulations, Mr. Andy Oberta & Mr. Sean Hart will be speaking on the asbestos visual inspection standard American Society of Testing Materials (ASTM) E1368; and Ms. Diana Wolgemuth of Dale Carnegie speaking on "Incorporating the Human Element into our Business."

The Long Island Contingent for PACNY Last Year.

Technical sessions on the second day this year will include discussions on vermiculite, the new mold regulations, asbestos abatement, understanding ASTM D7886, and "Industrial Hygiene Lessons Learned from the World Trade Center Disaster."  Opening speaker will be Ms. Linda Reinstein of the Asbestos Disease Awareness Organization (ADAO).  Other speakers include: Mr. Brent Kynoch of the Environmental Information Association (EIA); Mr. Christopher Alonge (is Back!) from the Dormitory Authority of the State of New York (DASNY); Matthew Darin from Bluepoint Environmental; Matt Sanchez from RJ Lee (guess what he will be talking about?); Dr. Marty Rutstein; Dr. Barry Castleman; Mr. Andy Oberta of the Environmental Consultancy; & Mr. Jack Springston of TRC Environmental Corp.  All should be great presenters with great topics!

Last Year's Regulatory Day

The final day of the conference is usually Regulation day.  It will start with Mr. Ed Cahill from EMSL (guess what he will be speaking on?).  It will then move to a roundtable consisting of asbestos and mold representatives from New York State Department of Labor (NYSDOL) from the engineering, enforcement, & legal divisions led by Dr. Eileen Franko, who is always entertaining and hopefully not offended this year.  For more details about the conference you can find the conference flyer here.  The conference is always fun and a great networking event.  The Cocktail Hour on the second day happens in the Vendor Hall and Wednesday night President's reception features Dan the Magic Man!  Hope to see you there!  Come by our booth and say hello.

Saturday, February 07, 2015

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! 

Monday, January 19, 2015

Mold Legislation Threatens Restoration/Remediation Industries

The New Year wasn't very old before the restoration/mold industry was beset with concerns regarding new regulations and legislation.  The first, Nassau County in New York State started requiring licensing for companies and owners of those companies who are environmental hazard remediation providers, this legislation Local Law No. 13-2014 was voted on by the County Legislature on September 22, 2014 and signed by County Executive Ed Mangano on September 25, 2014 (Thank you Mark Drozdov for the info).  The second item, on December 30 New York State's "Licensing of Mold Inspection, Assessment andRemediation Specialists and Minimum Work Standards" legislation was presented to Governor Andrew Cuomo to sign.  The Governor has until January 29 to either sign it, or veto it or he can let it expire (called a pocket veto) (Thank you Chris Alonge for the info.).
 
Water damage/Mold growth in a Basement Apartment
There is a growing group of industry individuals who feel that Governor Cuomo should veto the NYS legislation.  Many feel it is poorly written and have major issues with it.  Some examples include the definition of mold (to narrow a definition), NYS Department of Labor is charged with writing rules and regulations for overseeing the practices of assessment & remediation (it should be either the NYS Department of Health or NYS Department of Environmental Conservation), and does not mention or exempt a minimum quantity.  In our opinion, the law does use existing infrastructure to create the rules and regulations, recognizes conflict of interest issues, and leaves the details of the procedures up to the agencies who already have experience handling the restoration/remediation industry and provides some minimum procedures.  The law puts the responsibility for creating the details to NYS Department of Health and the NYS Department of Labor.  Both agencies already regulate the asbestos industry and have the experience to create, write, and enforce the potential rules and regulations to handle this industry.  Our feeling this legislation is better than the Nassau County legislation, and our concern is that we might get one like the Nassau County law.

Nassau's Local Law is meant to address problems that happened after Super Storm Sandy
Nassau County Local Law No. 13-2014 requires "Licensing of Environmental Hazard Remediation Providers" or in another words environmental contractors.  However, environmental contractors are defined "any person who or legal entity that, contracts with an owner or an owner's agent to inspect a suspected environmental hazard or to implement any measure or measures that result in the remediation of an environmental hazard in a building."  This definition means both consultants and contractors have to be licensed.  Even more amazing is the definition of Environmental hazard.  "Environmental hazard(s) means any condition that constitutes an indoor air quality violation as defined by any United States statue or regulation, any New York State Law or regulation, any local law or any regulation promulgated by the Commissioner of Consumer Affairs, and which hazard was caused by fire, flood, storm, chemical spills, dust, sewage, mold, pathogens or other biological contaminants and not caused by the presence of asbestos or lead."  There are so many statements in this definitions that we're not totally sure what is or isn't covered.  

The Local Law 13-2014 requires two licenses, environmental contractors have to get the Environmental Hazard Remediation Provider (EHRP) License ($1,000 for a two year license, renewal fee is $500 every two years) and the Environmental Hazard Remediation Technician (EHRT) License ($100 for two year license, every two years) shall be issued to an EHRP or their principal(s) and any person employed by, seeking employment by or under contract to a EHRP for the purpose of environmental hazard assessment and environmental hazard remediation.  It does allow an EHRT to supervise up to 10 unlicensed employees or contractors performing a remediation or remediations.  To get the EHRT license you must have taken and be current/in effect Certifications:
  • OSHA Safety Standards for Construction or General Industry - minimum 10 hours
  • NYS Asbestos Handler - minimum 32 hours
  • EPA Lead Worker - minimum 16 hours.  Lead RRP is NOT sufficient
  • Hazardous Waste Operations (HAZWOPER) - minimum 40 hours
  • Microbial Remediation - minimum 24 hours
  • Water damage restoration - minimum 20 hours or Institute of Inspection, Cleaning Restoration Certification (IICRC) WRT Certification
  • Fire damage restoration - minimum 16 hours or IICRC FSRT Certification
  • PCB Awareness - minimum 4 hours
  • Bloodborne pathogens - minimum 4 hours
  • Infection control risk assessment - minimum 4 hours
  • Proof of a valid lead and asbestos abatement licenses.
The above list consists of 170 hours of training.  It is interesting to note to get an asbestos abatement license you need to take an NYS asbestos supervisor - minimum 40 hours and to get the EPA Lead Remediation License you must be an EPA lead supervisor - minimum 32 hours.  Nowhere in this list of topics is a supervisor course, considering that the EHRT will be allowed to supervise up to 10 unlicensed employees/contractors that seems very lacking.  In addition, there is no assessment class in this list.  Most of us in the industry would agree that this list should be the minimum training for the remediation workers in the restoration/remediation industry.  This list should not be the training requirements for the principals/supervising employees of an EHRP.  In our opinion, EHRP principals/supervising employees should have a minimum certification from American Council for Accredited Certifications, American Board of Industrial Hygiene, Board of Certified Safety Professionals, or another national, non-profit certifying body which:  
In addition, the Local Law does not address the conflict of interest issues that arise from these types of projects.  In our opinion, the local law should have this language to address conflicts of interest:
  • Individuals or legal entities shall not conduct environmental assessments for a period of one year on projects for which they have conducted environmental remediation services.
  • Individuals or legal entities shall not conduct environmental remediations for a period of one year on projects for which they have conducted environmental assessments.
Both laws have their issues unfortunately the worst of the two laws is currently in effect and it needs drastic changes and should be repealed or amended.  

That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...