il-v50i41-77-ill-adm-code-835: 77 Ill. Adm. Code 835 — Mold Remediation Registration Code

1) Heading of the Part: Mold Remediation Registration Code 2) Code Citation: 77 Ill. Adm. Code 835 3) Section Numbers: Adopted Actions: 835.100 New Section 835.110 New Section 835.200 New Section 835.210 New Section 835.220 New Section 835.230 New Section 835.240 New Section 835.250 New Section 835.260 New Section 835.270 New Section 835.280 New Section 835.300 New Section 835.310 New Section 835.320 New Section 4) Statutory Authority: Implementing and authorized by the Mold Remediation Act [410 ILCS 105]. 5) Effective Date of Rule: September 23, 2026 6) Does this rulemaking have an automatic repeal date? No 7) Does this proposed rulemaking contain incorporations by reference? Yes 8) A copy of the Adopted Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection. 9) Notice of Proposed Published in the Illinois Register: 49 Ill. Reg. 12832; October 17, 2025 10) Has JCAR issued a Statement of Objections to this rule? No 11) Differences between Proposal and Final Version: Minor grammatical changes were made throughout this rulemaking based on JCAR's recommendation. Section 835.100, "Directly supervised" means any person doing mold remediation work without being registered and in possession of an approved certification is under active management of a registered and certified mold remediator with at least 1 year of field experience who is physically present on site to evaluate work in real time." was added. Section 835.100, "Financial responsibility" means providing documentation of insurance in the amounts and types prescribed in this Part." was added. Section 835.200(b)(2), after "insurance", "or IDPH-provided proof of insurance form" was added. Also, after "$500,000." and before "No", "The general liability insurance as required shall be paired with either a contractors pollution liability policy that covers mold and activities related to mold remediation work or an environmental rider with a minimum of $500,000 per occurrence. The rider or contractor pollution liability policy must state clearly in writing that it covers mold and activities related to mold remediation work." was inserted. Section 835.210 after (c), "d) Grace Period for Certification Requirement for Current Practitioners Individuals who are actively engaged in performing mold remediation work as defined in this part and as of the adoption of this rulemaking, may continue to perform such activities without the required active third-party certification until September 30, 2027, provided that they submit a registration form and obtain certification on or before September 30, 2027. 1) Limitations During the Grace Period During the grace period, individuals operating under this provision must comply with all other applicable rules and standards in this Part. 2) Expiration of Grace Period On and after October 1, 2027, no individual will remain in good standing or perform mold remediation as a registered mold remediator unless they hold an active third-party certification as prescribed under Section 835.220 or qualify for an exemption as described in Section 835.210." was added. Section 835.220, after "Specialist", "certification" was changed to "and the Applied Microbial Remediation Technician certifications". Section 835.230(a)(4), after "of", "10" was changed to "7" and after "annually.", "A total of 14 continuing education hours every 2 years will be considered equivalent to 7 annual hours." was added. Section 835.230(a)(5), "or" was changed to a comma, and after "(CESB)", "or the international Accreditation Service (IAS) ISO/IEC 17024 personnel certification accreditation program" was added. 12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any other proposed rulemakings pending on this Part? No 15) Summary and Purpose of Rulemaking: The new Part, Mold Remediation Registration Code, will implement Public Act 103-0893. This Act amended the Mold Remediation Registration Act by requiring the Department to adopt rules that establish procedures for persons who or entities that provide mold remediation services to register with the State, provide evidence of an active third-party certification, and provide evidence of financial responsibility. The new Part includes definitions, incorporated and referenced materials, and registration requirements. 16) Information and questions regarding this adopted rule shall be directed to: Department of Public Health Attention: Tracey Trigillo, Rules Coordinator Lincoln Plaza 524 South 2nd Street, 6th Floor Springfield, IL 62701 (217) 782-1159 dph.rules@illinois.gov The full text of the Adopted Rule begins on the next page: ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER o: REGISTRATION, LICENSING, AND REQUIREMENTS FOR STRUCTURAL PEST CONTROL AND INDOOR ENVIRONMENTAL ASSESSMENT, REMEDIATION, AND RESTORATION SERVICES PART 835 MOLD REMEDIATION REGISTRATION CODE SUBPART A: GENERAL PROVISIONS Section 835.100 Definitions 835.110 Incorporated and Referenced Materials SUBPART B: REGISTRATION REQUIREMENTS AND PROCEDURES Section 835.200 Requirements and Procedures 835.210 Exemptions 835.220 Approved Third-Party Certifications 835.230 Approval of Other Third-Party Certifications 835.240 Renewal Requirements 835.250 Relinquishing Registration 835.260 Grounds for Refusal to Grant or Renew or To Revoke Registration 835.270 Notice of Denial or Revocation of Registration 835.280 Administrative Hearings SUBPART C: ADDITIONAL PROVISIONS AND RESPONSIBILITIES 835.300 Complaints Against Registered Mold Remediation Contractors 835.310 Prohibitions 835.320 Consumer Information AUTHORITY: Implementing and authorized by the Mold Remediation Registration Act [410 ILCS 105]. SOURCE: Adopted at 50 Ill. Reg. 15149, effective September 23, 2026. ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE SUBPART A: GENERAL PROVISIONS Section 835.100 Definitions In addition to the definitions contained in the Mold Remediation Registration Act, the following definitions shall apply: "Act" means the Mold Remediation Registration Act [410 ILCS 105]. "Continuing Education Credits" or "CE Credits" means those continuing education credits received for documented successful completion of approved continuing education courses or for instructing an approved continuing education course. "Day" means a calendar day, unless otherwise specified. "Department" or "IDPH" means the Illinois Department of Public Health. (Section 10 of the Act) "Directly supervised" means any person doing mold remediation work without being registered and in possession of an approved certification is under active management of a registered and certified mold remediator with at least 1 year of field experience who is physically present on site to evaluate work in real time. "Electronic mail" means a communication by electronic means which is automatically retained and stored and can be readily accessed or retrieved. (Section 100.2(a) of Practice and Procedure in Administrative Hearings) "Financial responsibility" means providing documentation on insurance in the amounts and types prescribed in this Part. "IICRC" means the Institute for Inspection, Cleaning, and Restoration Certification. "Mold" means any form of multicellular fungi found in water-damaged indoor environments or water-damaged building materials. "Mold" includes Cladosporium, Penicillium, Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum. (Section 10 of the Act) ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE "Mold Remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventative activities, of mold or mold-contaminated matter in buildings. (Section 10 of the Act) "Mold Remediation Contractor" means a person that performs mold remediation services, as defined in the Act, for another person for compensation. "Mold Remediator" means an individual who performs mold remediation services, as defined in the Act, for another person for compensation. "NORMI" means National Organization of Remediators and Microbial Inspectors. "Person" means an individual, corporation, partnership, firm, organization, or association, acting individually or as a group. "Preventative activities" include those intended to prevent future mold contamination of a remediated area, including applying biocides or antimicrobial compounds. (Section 10 of the Act) "Registrant" means a person who performs mold remediation services in Illinois and has provided all required information to IDPH to meet its registration requirements. "Renewal" means issuance of a registration that is expiring, has expired or has been previously terminated. "Third-party certification" means a mold remediation certification offered by the Institute for Inspection, Cleaning, and Restoration Certification, the National Organization of Remediators and Microbial Inspectors, or another national nonprofit organization approved by IDPH. (Section 10 of the Act) "Volunteer" is a person who provides mold remediation services without receiving compensation. Section 835.110 Incorporated and Referenced Materials a) The following professional certifications are incorporated and referenced in this Part: 1) American Council for Accredited Certification available at https://www.acac.org 2) Institute for Inspection, Cleaning, and Restoration Certification available at https://iicrc.org 3) National Organization of Remediators and Microbial Inspectors available at https://www.normi.org b) The following State law is referenced in this Part: Illinois Administrative Procedure Act [5 ILCS 100] c) The following State administrative rule is referenced in this Part: Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100) SUBPART B: REGISTRATION REQUIREMENTS AND PROCEDURES Section 835.200 Requirements and Procedures a) Any person who performs mold remediation services for another person for compensation in Illinois is required to register with IDPH. (Section 20 of the Act) b) Any person registering as a mold remediation contractor with IDPH or seeking renewal of the registration shall: 1) Submit a complete and legible registration and renewal form in a manner prescribed by IDPH. Registrants will provide their name, phone number, email address, and the name of their business. 2) Provide an original certificate of insurance or IDPH-provided proof of insurance form documenting that the business carries general liability insurance with a minimum of $100,000 per occurrence, bodily injury insurance with a minimum of $300,000 per occurrence, property damage insurance with a minimum of $50,000, and worker's compensation insurance with a minimum of $500,000. The general liability insurance as required shall be paired with either a contractors pollution liability policy ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE that covers mold and activities related to mold remediation work or an environmental rider with a minimum of $500,000 per occurrence. The rider or contractor pollution liability policy must state clearly in writing that it covers mold and activities related to mold remediation work. No registration will be issued in the absence of the certificate of insurance or IDPH-provided proof of insurance form. The certificate must be in force at all times for registration to remain valid. 3) Register the name, address, and telephone number of all employees that maintain an active third-party certification as set out in subsection (a) of Section 835.110 and provide a copy of their certificate. 4) Persons shall inform IDPH of changes in contact information, such as addresses, email address, and telephone numbers within 10 days after the change is effective. c) Any individual registering as a mold remediator with IDPH or seeking renewal of the registration shall: 1) Submit a complete and legible registration and renewal form in a manner prescribed by IDPH. Registrants will provide their name, phone number, email address, and the name of their employer. 2) Provide a copy of an active third-party certification from an organization approved by IDPH as set out in subsection (a) of Section 835.110. d) All registrations shall be issued to the person named in the registration and renewal form and are not transferable or assignable. e) IDPH shall maintain a publicly available list of registered persons who meet the requirements of subsections (a), (b), and (c). f) A registration or renewal application shall be incomplete if any of the requirements of subsections (a), (b), and (c) are not present or additional information is required. Applicants will be notified and allowed to resubmit the required information or documentation. Section 835.210 Exemptions The following persons are exempt from the registration requirements of this Part: a) Home builders and remodelers performing work on any residential structure, consisting of 4 or fewer residential units, under the period and terms of the written warranty of that residential structure. (Section 25 of the Act) b) An employee of a registered mold remediation contractor while directly supervised by a registered mold remediator who meets the requirements of Section 835.200. c) Volunteers who temporarily perform mold remediation activities in response to a Federal, State, or Locally declared disaster. This applies to volunteers who perform building material removal activities in response to a natural disaster or other natural phenomenon of an exceptional, inevitable, or irresistible character. d) Grace Period for Certification Requirement for Current Practitioners Individuals who are actively engaged in performing mold remediation work as defined in this part and as of the adoption of this rulemaking, may continue to perform such activities without the required active third-party certification until September 30, 2027, provided that they submit a registration form and obtain certification on or before September 30, 2027. 1) Limitations During the Grace Period During the grace period, individuals operating under this provision must comply with all other applicable rules and standards in this Part. 2) Expiration of Grace Period On and after October 1, 2027, no individual will remain in good standing or perform mold remediation as a registered mold remediator unless they hold an active third-party certification as prescribed under Section 835.220 or qualify for an exemption as described in Section 835.210. Section 835.220 Approved Third-Party Certifications IDPH must accept third-party certifications offered by IICRC and NORMI. Certifications relevant to the practice of mold remediation that will be accepted by IDPH include the Mold Remediation Specialist and the Applied Microbial Remediation Technician certifications offered by IICRC and the Certified Mold Remediator credential offered by NORMI. Section 835.230 Approval of Other Third-Party Certifications a) Organizations that offer a certification for mold remediation can apply for approval from IDPH. When considering other third-party certifications for approval, IDPH shall consider the following criteria: 1) The organization is a national nonprofit organization. (Section 10 of the Act) 2) The organization requires applicants to have a minimum of 1 year of verifiable mold remediation field experience prior to certification. 3) The organization requires applicants to pass a closed-book examination. 4) The organization requires certificate holders to maintain their certification by completing a minimum of 7 hours of continuing education relevant to the practice of mold remediation annually. A total of 14 continuing education hours every 2 years will be considered equivalent to 7 annual hours. 5) The organization offers a certification program accredited by the ANSI National Accreditation Board's ISO/IEC 17024 program for personnel certification accreditation, the Council of Engineering and Scientific Specialty Boards (CESB), or the International Accreditation Service (IAS) ISO/IEC 17024 personnel certification accreditation program. b) IDPH will maintain a publicly available list of organizations that offer approved third-party certifications. Section 835.240 Renewal Requirements a) All registrations shall expire on September 30 of odd-numbered years. Registrants shall renew their registration by submitting a form in a manner prescribed by IDPH at least 30 days prior to the expiration date of the registration. b) The Registration and Renewal form shall include proof of an active, IDPH- approved third-party certification, and proof of current insurance as outlined in subsections (a), (b), and (c) in Section 835.200. Certification and insurance must be verifiable. ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE c) For any registration that has expired and is not renewed within 60 days of its expiration date, IDPH shall consider the registration relinquished. Section 835.250 Relinquishing Registration A registered person that no longer wishes to provide mold remediation services in Illinois can relinquish their registration at any time. The registrant desiring to relinquish their registration shall submit to IDPH a request in writing stating the last date of any mold remediation activity. Section 835.260 Grounds for Refusal to Grant or Renew or To Revoke Registration IDPH shall refuse to grant or renew, or shall revoke a person's registration under the following conditions: a) If an applicant does not meet, or at any time a registered mold remediator does not meet the requirements of subsection (b) in Section 835.200, including failure to maintain the required insurance and an active third-party certification approved by IDPH. b) A registered person is convicted of a crime that is a felony or of any crime that directly relates to the practice of mold remediation. The record of conviction or a certified copy shall be conclusive evidence of the conviction. c) A registered person has been found to have conducted mold remediation activities in a manner hazardous to the public health in Illinois or in any other state where the person has acted in a similar capacity. This finding must be supported by an investigation and substantial evidence. IDPH will use findings from other States and Municipalities that license, register, or certify parties that provide mold remediation services. d) The person has performed other activities for which they are not licensed in Illinois. This finding must be supported by an investigation and substantial evidence. e) Knowingly making any misrepresentation or false statement in connection with obtaining a registration or renewal of a registration as a mold remediator. Section 835.270 Notice of Denial or Revocation of Registration ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE a) If, based on any of the conditions listed in Section 835.260, IDPH finds that refusal to grant or renew or that the revocation of a registration is warranted, IDPH shall notify the registrant at the registrant's last known address or email address. The notice shall set forth the reasons for the proposed action and provide the registrant an opportunity for a hearing. b) The notice shall be sent to the address or email address listed on the most recent registration application submitted to the Department, unless the Department has been subsequently notified in writing of a change of address or electronic mail address, as follows: 1) Certified mail to the address provided to IDPH by the registrant and shall set forth the reasons for the proposed action and provide the registrant with an opportunity to request a hearing. Notices sent by certified mail to the last known mailing address of a registrant which are returned to IDPH as unclaimed or refused by the addressee shall be considered sufficient mailed notification; or 2) Sent to the last electronic mail address provided to IDPH by the registrant. c) If a written hearing request is not received by IDPH within 15 days after the date of certified or electronic mail sent by the Department, the right to a hearing is waived. Section 835.280 Administrative Hearings All hearings shall be conducted pursuant to the Act and the Department's Rules of Practice and Procedure in Administrative Hearings. SUBPART C: ADDITIONAL PROVISIONS AND RESPONSIBILITIES Section 835.300 Complaints Against Registered Mold Remediation Contractors IDPH will direct complaints regarding registered mold remediation contractors to the applicable certifying organization for investigation, the Illinois Attorney General's Office, or other appropriate agencies. Section 835.310 Prohibitions ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE A person cannot use the name or title "Registered Mold Remediator", "IDPH Registered Mold Remediator", "Illinois Registered Mold Remediator", "Registered Mold Remediation Contractor", or any combination thereof, unless the person has complied with the provisions of Section 835.200. Section 835.320 Consumer Information Information related to mold, mold remediation, and IDPH contacts are available to the public at https://dph.illinois.gov/topics-services/environmental-health-protection/toxicology/indoor-air- quality-healthy-homes.html. (Section 16 of the Act) DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE