Mold Legislation:
Federal
The EPA does not have authority under the Clean Air Act to regulate indoor air pollutants, including molds,
and can only conduct research and issue guidelines. 1
The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards were
updated around 2000 to increase the amount of fresh air that new buildings must provide, although older
buildings are exempt from this standard. 2
Arizona
Arizona requires that mold assessors and remediation firms be licensed.3
Arizona has implemented a "right to cure" law. This law gives builders the right to repair defects before
lawsuits can be filed. 4
California
California has implemented a "right to cure" law which gives builders the right to repair defects before
lawsuits can be filed. 5
California's "Toxic Mold Protection Act," which became law in 2001, includes a study on adopting exposure
limits for indoor mold. The law requires that guidelines be developed for removing mold and disclosing its
presence when renting or selling property.6
1 Experts Eye Industry Plan Over EPA Guide In Gulf Mold Cleanups
25 October 2005 Vol. 12, No. 42
2 Sick buildings, sick kids: facilities construction and management take on illness prevention. Sausner, Rebecca 01 July 2005
University Business 48
Volume 8; Issue 7
3 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
4 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
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5 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
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6 Toxic mold can put health at risk in home CHRIS O'MALLEY The Indianapolis Star
01 February 2004 English
A legislatively mandated California Air Resources Board (CARB) report on indoor air quality identified a
number of indoor air pollutants as needing immediate regulatory limits— including mold. CARB is working
on regulations to reduce some indoor air contaminant emissions. 7
California law holds developers and contractors responsible for structural defects within the first 10 years
of occupancy, affecting their own financial status and the relationship with their lender.8
Florida
SB 1350, Sponsored by Mike Bennett, was unanimously passed on 4/22/04 by the Senate. To be a
licensed "mold remediator" in Florida, persons or businesses under this legislation would pay a licensing
fee, complete approved courses and pass a Department of Business and Professional Regulation or similar
exam demonstrating mold knowledge. Someone committing mold-abatement fraud could receive fines or
penalties under the bill. 9
Florida requires that mold assessors and remediation firms be licensed.10
Louisiana
Louisiana House Bill 793, which became effective in August of 2004, holds that commercial contractors,
architects, or engineers not be held liable for any damages related to mold unless "caused by defects in
workmanship or design." 11
Every contractor, assessor, remediator, working in Louisiana must have a state license or risk a one-year
suspension and fine. Contractors from other states temporarily are allowed to use an out-of-state license,
but eventually must register with the state licensing board to receive a verification license. 12
A New Orleans panel cited actions that EPA and other agencies could take to address mold contamination - specifically by monitoring levels of outdoor mold, and providing remediation and safety equipment to
returning residents.
"Mold monitors should be installed by federal agencies in strategic areas based on recorded mold levels
and the level of human activity. Data from these monitors, along with non-governmental, but scientifically
peer-reviewed, guidance materials on health thresholds for mold spores, should be made publicly available
through television, print and Internet resources," the recommendations say. The subcommittee also calls
7 California Tests On Indoor Air Seen Leading To New Standards
24 January 2006 Risk Policy Report Vol. 13, No. 4
8 Laws in CA & Other States Make Mold an Issue
By Jennifer Harmon 02 August 2004
Origination News Vol. 13, No. 12
9 Florida Senate Bill Requires Mold Fighters to Have License
By Diane Hirth, Tallahassee Democrat, Fla.
23 April 2004
10 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
11 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
12
State flooded with contractor applications
08 March 2006
Associated Press Newswires
for tax incentives to encourage developers to incorporate safety features into the rebuilt houses in order
to reduce mold. 13
Montana
Montana's House Bill 536 requires that a landlord or seller must disclose the results of tests for mold, if
any have been conducted on a property, as well as the outcome of any remediation efforts. 14
Nevada
Nevada’s SB 241 gives contractors the "right to repair" an alleged defect before a lawsuit is filed.15
Oklahoma
Oklahoma's House Bill 2554, which became effective in July of 2004, prohibits the same person from
providing both mold assessment services as well as mold remediation services to a customer.16 The law
states: "Any person or entity that inspects houses for mold shall not also render service for removing the
mold; provided that, if the total cost of the inspection and removal does not exceed two hundred dollars
($200.00), the consumer may consent to the inspection and removal by the same person or entity." -Noticeably absent is any mention of commercial property. 17
Oregon
Oregon's Senate Bill 515 requires that a seller disclose any known presence of mold to potential buyers.
Finally, Virginia's House Bill 824 contains a similar provision relating to landlords. 18
South Carolina
South Carolina passed a bill protecting real estate brokers as long as they have "truthfully disclosed to a
customer known material defects including, but not limited to, moisture, or mold problems or
conditions."19
13 REPORT TO NEW ORLEANS MAYOR CALLS FOR EPA ACTION ON MOLD, SEDIMENT18 January 2006 Environmental Policy Alert
Vol. 23, No. 2
14 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
15 Mold cases growing for valley builders By Jennifer Shubinski
30 January 2004 In Business Las Vegas
16 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
17 Household Mold Legislation in Oklahoma Gets Mixed Reviews By Richard Mize, The Daily Oklahoman
10 June 2004 The Daily Oklahoman (KRTBN)
18 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
Texas
Texas was the first state to pass mold exposure legislation. The bill calls for certification of mold
remediation. It also requires establishment with reasonable certainty that the underlying cause of the
mold has been remediated; and requires that a buyer be provided a copy of each certificate issued during
the five years preceding the date that the property owner sells the property.20
Texas requires that mold assessors and remediation firms be licensed.
21
Texas has implemented a "right to cure" law which gives builders the right to repair defects before
lawsuits can be filed. 22
Virginia
Virginia has passed legislation that would require the disclosure of the presence of mold on properties by
landlords and/or sellers of the properties.23
Washington
Washington has implemented a "right to cure" law which gives builders the right to repair defects before
lawsuits can be filed. 24
Washington requires a personal injury action be brought within three years of discovery that the plaintiff
was injured. Assuming that the plaintiff suffers from allergic reactions to the presence of mold, the plaintiff
may have suffered allergic symptoms for many years. 25
19 The Mold Crisis Cole, Cassandra R; McCullough, Kathleen A
01 April 2005 Journal of Insurance Regulation Volume 23; Issue 3;
20 TEXAS BE
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25 Just Add Water - Growing Mold Claims. By Mr Matthew King.
10 March 2004 Mondaq Business Briefing