SB 334-FN – AS INTRODUCED

2014 SESSION

14-2767

08/04

SENATE BILL 334-FN

AN ACT relative to certification and licensure for mold assessment or remediation services.

SPONSORS: Sen. Gilmour, Dist 12; Sen. Stiles, Dist 24; Rep. Bickford, Straf 3

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill requires persons providing residential mold assessment or remediation services for mold contamination in residential dwellings be certified by certain professional organizations and licensed by the department of safety.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2767

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to certification and licensure for mold assessment or remediation services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings. The general court finds that mold in a residential structure can constitute a significant health threat for the inhabitants. Homeowners who hire a professional to assess a mold problem or remediate the problem need assurance that the job will be done correctly. Failure to remediate a mold problem correctly not only is a waste of the homeowners money but may also result in serious health issues if the mold is not removed correctly or at all. This consumer protection proposal gives homeowners a method to protect their health and the health of their families by assuring a level of competence in those they hire to assess or remediate a mold problem.

2 New Chapter; Mold Assessment and Remediation. Amend RSA by inserting after chapter 141-J the following new chapter:

CHAPTER 141-K

MOLD ASSESSMENT AND REMEDIATION

141-K:1 Definitions. In this chapter:

I. “Mold assessment” means:

(a) An inspection, investigation, or survey of a dwelling or other structure to provide information to the owner regarding the presence, identification, or evaluation of mold;

(b) The development of a mold remediation specification or protocol; or

(c) The collection or analysis of a mold sample.

II. “Mold remediation” means the removal, cleaning, sanitizing, demolition, or treatment of mold or mold-contaminated matter, live or dead, in a specific location after a mold assessment.

III. “Mold assessment license” means a license obtained from the department of safety that permits an individual to assess mold problems in a residential setting for a fee.

IV. “Mold remediation license” means a license obtained from the department of safety that permits an individual to remediate mold problems in a residential setting for a fee.

V. “Third party certification” means a certification through a program approved by a non-profit program such as one administered by ANSI, (American National Standards Institute), CESB, (Council of Engineering & Scientific Specialty Boards.), or NCCA, (National Commission for Certifying Agencies). Certifications are credentials of industry knowledge granted to individuals by a certification body for a limited time. The individual shall not own the designation; the designation shall be owned by the certifying body. Certificants shall meet certain requirements set by third party organizations in order to be recertified.

141-K:2 Mold Assessment and Remediation Certification.

I. No person shall perform residential mold assessment services for remuneration unless that person possesses a valid national third party certification and a valid mold assessment license from the state of New Hampshire.

II. No person shall perform residential mold remediation services for remuneration unless that person possesses a valid national third party certification and a valid mold remediation license for the state of New Hampshire.

III. The department of safety shall establish a license for persons engaging in mold assessment and a license for persons engaging in mold remediation. The commissioner of the department of safety shall adopt rules pursuant to RSA 541-A relative to the licensing process. The commissioner of the department of safety may set a fee for licensure in order to cover the cost of administering the licensing program.

IV. Any person who offers mold assessment or mold remediation services for a fee but does not comply with this section shall be guilty of a violation and fined $150.

V. Any professional hired for remuneration by a resident, in which the primary work contracted for is neither mold assessment nor mold remediation shall be exempt from this chapter.

3 New Paragraph; Duties of Commissioner of the Department of Safety. Amend RSA 21-P:4 by inserting after paragraph XV the following new paragraph:

XVI. Adopt comprehensive and uniform standards, practices, procedures, instructions, and rules relative to the licensing of persons engaged in mold assessment and mold remediation.

4 Effective Date. This act shall take effect January 1, 2015.

LBAO

14-2767

12/19/13

SB 334-FN - FISCAL NOTE

AN ACT relative to certification and licensure for mold assessment or remediation services.

FISCAL IMPACT:

The Department of Safety states this bill, as introduced, will increase state restricted revenue by an indeterminable amount in FY 2015 and each year thereafter, and will increase state restricted expenditures by $36,306 in FY 2015, $71,644 in FY 2016, $74,743 in FY 2017, and $77,994 in FY 2018. There will be no impact on county and local revenues or expenditures.

METHODOLOGY:

The Department of Safety states this bill requires individuals providing residential mold assessment or remediation services for mold contamination in residential dwellings to be certified by certain professional organizations and licensed by the Department of Safety. The Department states this bill allows it to establish a license fee in order to cover the cost of administering the licensing function, however is unable to estimate to project the fee amount at this time as it cannot estimate how many individuals may seek such a license. Although this bill does not establish positions, the Department however does estimate it will need to hire a program specialist I (labor grade 19), beginning January 1, 2015, to handle the application processing and complaint investigations. The Department estimates the following costs: