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IICRC Government Affairs News 5-13

Government Affairs and IICRC Registrants,

The Government Affairs Committee has been keeping track of legislative issues around the country and has submitted the following report for distribution to registrants. Some of this information is very important to our registrants particularly those doing work in Maryland. As has become common, most of the regulatory action has been related to mold and mold assessment and remediation services.


Maryland

In 2012 the Maryland Division of Occupational and Professional Licensing issued a press release that is still on their website at the date this report was written. The full text can be found at here. http://dllr.maryland.gov/license/mhic/mhicmoldwork.shtml

In part the announcement stated the following:


Mold Remediation Services - Maryland Home Improvement Commission

During the 2008 legislative session, the General Assembly passed The Maryland Mold Remediation Services Act. This law is printed in Title 7 of the Home Improvement Law, contained in the Business Regulation Article of the Annotated Code of Maryland. This law requires that any company or firm that provides mold remediation services on residential property in Maryland to obtain a license to provide mold remediation services. In addition the law requires that each employee who provides mold remediation services must be certified by an accreditation body as a microbial remediation technician or supervisor, whichever is applicable. This license is to be issued by the Maryland Home Improvement Commission (MHIC), an agency within the Department of Labor, Licensing and Regulation (DLLR). The license to provide mold remediation services is different from the MHIC license for a contractor, subcontractor, or salesperson. This law was scheduled to take effect on June 1, 2010. However, due to budget constraints, the DLLR has postponed the implementation of the Maryland Mold Remediation Services Act until July 1, 2013.


This press release states a license for mold remediation in Maryland will be required as of July 1, 2013.

Our Government Affairs Chairman has been in continuous contact with:


Steven Smitson, Executive Director
Maryland Home Improvement Commission
Maryland Department of Labor, Licensing and Regulation
500 N. Calvert Street, Room 306
Baltimore, MD 21202
410-230-6169 | Office    410-962-8482 | Fax
ssmitson@dllr.maryland.gov


As of our last correspondences in April, the Home Improvement Commission has not received any funding to implement the licensing law and they do not anticipate getting additional funding in time to implement this law on July 1, 2013.

The law defines “ACCREDITATION BODY” as follows:

(B) “ACCREDITATION BODY” MEANS THE AMERICAN INDOOR AIR QUALITY COUNCIL OR ANY OTHER NATIONALLY RECOGNIZED ACCREDITATION BODY THAT IS RECOGNIZED BY THE COMMISSION AND THAT OPERATES INDEPENDENTLY OF TRAINING ORGANIZATIONS OR INDUSTRY TRADE ASSOCIATIONS.

-It is the position of IICRC that we meet the requirement in the definition to be an “Accreditation Body”.
-It is the position of IICRC that the IICRC AMRT certification meets the requirements for technicians under the law. It is also the position of IICRC that the new Mold Remediation Specialist (MRS) certification meets the requirements for certification of supervisors under the law.
-These positions have been communicated to the Maryland HIC and no response has been received at this point.


In addition to not having funding at this point the regulation that the law requires must still be written. We do not recommend trying to anticipate what the final regulation will say. We are monitoring developments and will comment on the regulation during the comment period if necessary. At this point we are comfortable that your technicians will have the appropriate certification if they hold the AMRT and your Supervisors that hold the MRS will meet the requirement for certification of supervisors.

IICRC is not a training organization. IICRC approves training providers. IICRC is not a trade association. The IICRC is a certification and standard-setting non-profit organization for the inspection, cleaning and restoration industries.

Mr. Smitson has also assured us that even if Maryland allotted funding, wrote a regulation, had it published and reviewed by July, they still would not enforce the regulation for 9-12 months following its completion.


Our goal is that you will be able to satisfy all your certification needs through IICRC programs. While no group can guarantee you how the final regulation will come out, we will do what is possible to ensure IICRC certifications meet the requirements. We will also strive to keep registrants informed. If you do not have a supervisor certified by IICRC or ACAC you will probably need one if and when the final regulation is written, signed, funded and enforced.

The IICRC Government Affairs Chair is following this issue closely. We will keep you posted as new developments occur. Anyone with further information or questions can contact ___ at headquarters or joe.hughes@iaqtraining.com


Kentucky

A reminder, Kentucky passed a regulation in 2012 on mold remediation. The regulation does not require certification or licensing but does a good job of requiring certain consumer protections that must be followed by those performing these services. Much of the regulation language is
strongly influenced by the IICRC S520 Professional Mold Remediation Standard and Reference Guide for Professional Mold Remediation.

See link for full details: http://www.lrc.ky.gov/kar/040/002/330.htm


New Jersey

A bill is working its way through the New Jersey legislature that would require licensing of mold inspectors and remediators. It passed the assembly and has been referred to a Senate Committee.

Following is a description from the NJ Legislature website with the current status. We will continue to follow this bill and keep registrants posted on its status. Anyone with further information or questions can contact ___ at headquarters or joe.hughes@iaqtraining.com

A1588 Requires DCA to establish standards concerning mold hazards in residential building interiors and school facilities, certification programs for mold inspectors and mold hazard abatement workers.*


Florida


The Florida Department of Business and Professional Regulation (DBPR) continues to require licensing of mold assessors and remediators. IICRC recently completed the application to have our Mold Remediation Specialist (MRS) certification exam approved. We will update registrants on our progress as we hear back from DBPR.



Virginia & Arkansas


Just a reminder, we previously notified registrants that VA repealed their licensing law for contractors. Arkansas also repealed their law requiring a license to perform mold assessments.




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