16 Tex. Admin. Code § 78.58

Current through Register Vol. 49, No. 48, November 29, 2024

Section 78.58 - Mold Remediation Contractor License

(a) Licensing requirements. An individual must be licensed as a mold remediation contractor to perform activities listed under subsection (b). A licensed mold remediation contractor who employs more than one individual required to be licensed under this section or required to be registered under §78.56 must be separately licensed as a mold remediation company under §78.60.

(b) Scope. An individual licensed under this section may perform mold remediation and supervise registered mold remediation workers performing mold remediation. In addition, a licensed mold remediation contractor is licensed to provide mold remediation services including:

(1) preparing a mold remediation work plan providing instructions for the remediation activities to be performed for a mold remediation project; and

(2) conducting and interpreting the results of activities recommended in a work plan developed under paragraph (1), including any of the activities of a registered mold remediation worker under §78.56.

(c) Qualifications. An applicant for a mold remediation contractor license must meet at least one of the following education and/or experience requirements:

(1) a bachelor's or graduate degree from an accredited college or university with a major in a natural or physical science, engineering, architecture, building construction, or building sciences and at least one year of experience either in an allied field or as a general contractor in building construction;

(2) at least 60 college credit hours with a grade of C or better in the natural sciences, physical sciences, environmental sciences, building sciences, or a field related to any of those sciences, and at least three years of experience in an allied field or as a general contractor in building construction;

(3) a high school diploma or GED certificate, plus at least five years of experience in an allied field or as a general contractor in building construction; or

(4) certification as an industrial hygienist, a professional engineer, a professional registered sanitarian, a certified safety professional, or a registered architect, with at least one year of experience either in an allied field or as a general contractor in building construction.

(d) Eligibility for licensing. To obtain a mold remediation contractor license, a person must:

(1) be at least 18 years old at the time of application;

(2) successfully pass a criminal history background check;

(3) comply with subsection (c);

(4) comply with the requirement for insurance coverage under §78.40;

(5) successfully complete a mold training course as described in §78.68(e);

(6) pass the required licensing examination prescribed under §78.24; and

(7) pay the fee required under §78.80.

(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:

(1) proof of compliance with the insurance requirement for licensees specified in §78.40;

(2) verifiable evidence that the applicant meets the requirement in subsection (c); and

(3) a copy of a course completion certificate for the applicable training course offered by a department-accredited training provider, as described in §78.68(e).

(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold remediation contractor shall:

(1) supervise mold remediation workers as defined in §78.10(42). When supervising mold remediation workers, the licensee must:

(A) be physically present at the mold remediation project; or

(B) be accessible by telephone within ten minutes and able to be at the project within one hour of being contacted;

(2) ensure that all employees who will perform mold remediation activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;

(3) ensure that all supervised persons performing mold remediation activities are licensed or registered under this chapter;

(4) ensure that the training and license or registration of each individual who is required to be licensed or registered to perform mold remediation activities under this chapter is current;

(5) comply with the requirements under §78.64(f)(2)-(3), (5)-(9), and (11) if the licensee provides mold remediation worker training as authorized in §78.68(d);

(6) maintain copies of the required training documents in accordance with §78.74(b)(2) if providing mold remediation worker training as authorized in §78.68(d);

(7) accurately interpret field notes, drawings, and reports relating to mold assessments;

(8) inquire of the client whether any known or suspected hazardous materials, including lead-based paint and asbestos, are present in the project area;

(9) advise clients about options for mold remediation;

(10) comply with standards for preparing mold remediation work plans, as presented in training course materials or as required by the mold remediation company by whom the contractor is employed;

(11) properly prepare each mold remediation work plan that the mold remediation contractor prepared by:

(A) signing and dating the cover page;

(B) including the license number and license expiration date on the cover page; and

(C) initialing the work plan on every page that addresses the scope of work and on all drawings related to the remediation work;

(12) provide to each client a mold remediation work plan for the project at least one calendar day before the mold remediation preparation work begins;

(13) submit the required notification to the department as described in §78.110, unless employed by a licensed mold remediation company; and

(14) provide to the property owner a completed Certificate of Mold Damage Remediation as specified under §78.150.

16 Tex. Admin. Code § 78.58

Adopted by Texas Register, Volume 42, Number 36, September 8, 2017, TexReg 4619, eff. 11/1/2017; Amended by Texas Register, Volume 43, Number 32, August 10, 2018, TexReg 5207, eff. 9/1/2018