N.Y. Labor Law § 945: Minimum work standards for the conduct of mold assessments by licensed persons

§ 945. Minimum work standards for the conduct of mold assessments by

licensed persons. 1. A mold assessment licensee shall prepare a mold

remediation plan that is specific to each remediation project and

provide the plan to the client before the remediation begins. The mold

remediation plan must specify:

(a) the rooms or areas where the work will be performed;

(b) the estimated quantities of materials to be cleaned or removed;

(c) the methods to be used for each type of remediation in each type

of area;

(d) the personal protection equipment (PPE) to be supplied by licensed

remediators for use by licensed abaters;

(e) the proposed clearance procedures and criteria for each type of

remediation in each type of area;

(f) when the project is a building that is currently occupied, how to

properly notify such occupants of such projects taking into

consideration proper health concerns; the plan must also provide

recommendations for notice and posting requirements that are appropriate

for the project size, duration and points of entry;

(g) an estimate of cost and an estimated time frame for completion;

and

(h) 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.

2. The remediation plan may require containment, as appropriate, to

prevent the spread of mold to areas of the building outside the

containment under normal conditions of use.

3. A mold assessment licensee who indicates in a remediation plan that

a disinfectant, biocide, or antimicrobial coating will be used on a mold

remediation project shall indicate a specific product or brand only if

it is registered by the United States Environmental Protection Agency

for the intended use and if the use is consistent with the

manufacturer's labeling instructions. A decision by a mold assessment

licensee to use such products must take into account the potential for

occupant sensitivities.