N.Y. Labor Law § 947: Post-remediation assessment and clearance

§ 947. Post-remediation assessment and clearance. 1. For a remediated

project to achieve clearance, a mold assessment licensee shall conduct a

post-remediation assessment. The post-remediation assessment shall

determine whether:

(a) the work area is free from all visible mold; and

(b) all work has been completed in compliance with the remediation

plan and remediation work plan and meets clearance criteria specified in

the plan.

2. Post-remediation assessment shall, to the extent feasible,

determine that the underlying cause of the mold has been remediated so

that it is reasonably certain that the mold will not return from that

remediated area. If it has been determined that the underlying cause of

the mold has not been remediated, the mold assessment licensee shall

make a recommendation to the client as to the type of contractor who

could remedy the source of the mold or the moisture causing the mold.

3. A mold assessment licensee who determines that remediation has been

successful shall issue a written passed clearance report to the client

at the conclusion of each mold remediation project.

4. If the mold assessment licensee determines that remediation has not

been successful, the licensee shall issue a written final status report

to the client and to the remediation licensee and recommend to the

client that either a new assessment be conducted, that the remediation

plan as originally developed be completed, or the underlying causes of

mold be addressed, as appropriate.