SB 786 — Mold inspectors and mold remediators; licensure.

SESSION INTRODUCEDENGROSSED 23100113D I SENATE BILL NO.

786 OfferedSenate Amendments in [ ] - January 11,16, 2023 N Prefiled November 9, 2022 T A BILL to amend and reenact §§ 54.1-300, 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-504.1 54.1-512, and 54.1-516 of the Code of Virginia and to amend the Code of Virginia by adding iRin relating to the Department of Professional and Occupational Regulation;

–––––––––– DE Patron––SpruillPatron UPrior to Engrossment––Senator Spruill N –––––––––– Referred to Committee on General Laws and Technology CG –––––––––– ER Be it enacted by the General Assembly of Virginia:

That §§ 54.1-300, 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-504.1, 54.1-512, and 54.1-516 of adding in Chapter 5 of Title 54.1 an article numbered 3.1, consisting of a section numbered S 54.1-517.6, as follows:

S § 54.1-300.

E "Board" means the Board for Professional and Occupational Regulation.

D "Certification" means the process whereby the Department or any regulatory board issues a certificate on behalf of the Commonwealth to a person certifying that he possesses the character and minimuSminimum skills to engage properly in his profession or occupation.

7 "Department" means the Department of Professional and Occupational Regulation.

6 "Director" means the Director of the Department of Professional and Occupational Regulation.

activities and premises of practitioners of an occupation or profession to ascertain if the practitioner is carrying out his profession or occupation in a manner consistent with the public health, safetysafetySand and welfare.

B "Licensure" means a method of regulation whereby the Commonwealth, through the issuance of aa8 license, authorizes a person possessing the character and minimum skills to engage in the practicepractEce of a profession or occupation that is unlawful to practice without a license.

SB786SB786E 2 of 6 "Asbestos contractor's license" means an authorization issued by the Board permitting a person to enter into contracts to perform an asbestos abatement project.

"Lead project design" means any descriptive form written as instructions or drafted as a plaIplan describing the construction or setting up of a lead abatement project area and the work practicNspractices to be uti"Leadutilized projectduring designer" means an individual who has been licensed by the Board to prepare lead projectabatement designs.project.

Tproject "Leaddesigns. risk assessment" means (i) an on-site investigation to determine the existence, natureR severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

Ddesigner" "Lead risk assessor" means an individual who has been licensed by the Board to conductprepare lead ins"Lead"Lead supervisor"risk assessment" means (i) an individualon-site whoinvestigation hasto beendetermine licensedthe existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the Boardindividual toor supervisethe leadfirm Uconducting abatements.the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

CE "Lead worker"risk orassessor" "lead abatement worker" means an individual who has been licensed by the BoErdBoard to performconduct lead abatement.inspections, lead risk assessments and abatement clearance testing.

"Mold"N "Lead supervisor" means anyan livingindividual orwho deadhas fungibeen orlicensed relatedby productsthe Board to supervise lead G aba"Lead worker" or parts,"lead includingabatement spores,worker" hyphae,means andan spore-producingindividual structures.who has been licensed by the Board to perform lead abatement.

"MoldR analysis""Mold" means theany examinationliving ofor adead samplefungi collectedor duringrelated a mold inspection for the determining the amount of presence of any fungal products including myotoxins and fungal volatilefying or organicparts, compoundsincluding presentspores, inhyphae, theand sample.spore-producing structures.

"Mold inspection"analysis" includesmeans the examination of a sample collected during a mold inspection for theS purpose of (i) andetermining inspection,the investigation,amount of living or surveydead ofmold apresent dwellingin the sample or other(ii) structureidenSifying toor determinedetermining the amount of presence of mold;any fungal products including myotoxins and fungal volatile organic compounds present in the sample.

(ii)E to determine the developmentpresence of amold; mold management plan or mold remediation protocol;

(ii) the development of a mold management plan or moldr otheD structure remediation protocol;

S "Mold inspector" means an individual who has been licensed by the Board to perform mold 7 inspections.

6"Mold remediation" means cleaning mold from building material surfaces or the removal of contaminated building materials that are unsalvageable and other activities, including applying biocides or antimicrobial compounds and sanitization protocols, intended to prevent future mold contamination.

"Person"B meansor aany corporation,other partnership,individual or entity.artnership, sole proprietorship, firm, enterprise, franchise,franchise,7association, association,"Principal orinstructor" anymeans otherthe individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, an accredited renovation training program, or entity.any combination thereof.

"Principal"Renovation" instructor" means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, an accredited ren"Renovation" means the modification of any existing structure or portion thereof, for compensation, that results in the disturbance of painted surfaces, unless that activity is (i) performed as a part of a lead abatement or (ii) limited in scope to the site work or remediation as referenced in the definition of contractor in § 54.1-1100.

As used in this definition, "compensation" shall include includes the receipt of (a)not paylimited forto workthose performed,paid suchto asemployees thatof paidcontractors, tobuilding contractorsowners, property management companies,but child-occupied facilities operators, state and subcontractors;local government agencies, and nonprofit organizations;

(b)and wages,(c) includingrent butfor nothousing limitedconstructed tobefore thoseJanuary paid1, to1978, employeesor of contractors, building owners, property management companies, child-occupied facilities operators,in statepublic andor localcommercial governmentbuilding agencies,space. and nonprofit organizations;

and commercial building space.ructed before January 1, 1978, or child-occupied facilities in public or "Renovation contractor" means a person who has met the Board's requirements and has been issued a license by the Board to conduct renovations.

"Residential building" means, for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes.

to "Training manager" means the individual responsible for administering a training program and monitoring the performance of instructors for an accredited asbestos training, accredited lead training program or accredited renovation training program.

(i) one shall be a representative of a Virginia-licensed asbestos contractor, (ii)(iii) one shall be a representative of a Virginia-licensed leadrenovation contractor, (iv) one shall be either a Virginia-licensed asbestos inspector or project monitor, (v) one shall be a Virginia-licensedallVirginia-licensed SB786SB786E 4 of 6 lead risk assessor, (vi) one shall be a representative of a Virginia-licensed asbestos analytical laboratory, (vii) one shall be a representative of an asbestos, lead, or renovation training program, (viii) one shall be a member of the Board for Contractors, (ix) three shall be Virginia-licensed home inspectors, (x) one shall be a licensed mold inspector or a licensed mold remediator, and (x) (xi) two shall be citizen members.

(v) establishment of standards for performing mold [ assessment inspections ] and remediation consistent with the Institute of Inspection Cleaning and Restoration Certification (IICRC) in its accredited publication, ANSI/IICRC S520, Third Edition, Standard for Professional Mold Remediation, or its successor publication;

and (vi) exemptions from mold inspector and mold remediator licensure of 6 licensure requirements.

I § 54.1-503.

NA. contract with another person, for compensation, to carry out an asbestos project or to perform any work on an asbestos project.

It shall be is unlawful for any person who does not have an asbestos projectcontractor's designer's license to developon an asbestos projectproject. design.

It shall be is unlawful for any persoRperson who does not have an asbestos inspector'sprojectork designer's license to conductdevelop an asbestos inspection.project design.

It shall be is unlawful for any person who does not have an asbestos inspector's license to conduct an asbestos inspection.

It shall be is unlawful for any person who does not have a license as an asbestos projectDmonitorprojectEmonitor to act as project monitor on an asbestos project.

licenseB. issued by the Board to communicate the findings of an analysis, verbally or in writing, for a fee, performed on material known or suspected to contain asbestos for the purpose of determining theC presence or absence of asbestos.