Final Text
CHAPTER 60
MOLD INSPECTOR AND REMEDIATOR REGULATIONS (REPEALED)
Part I
Exemptions from Licensure Requirement
18VAC15-60-10. Exemptions from licensure requirement. (Repealed.)
This chapter shall not apply to the following:
1. An individual performing mold remediation in an area in
which the mold contamination for the total project affects a total surface area
of less than 10 square feet;
2. An owner or the managing agent or employee of an owner
performing mold inspections or mold remediation on the owner's residential
property, provided such property contains no more than four residential
dwelling units;
3. Lab technicians who analyze mold samples as long as it is
limited to analysis that is performed solely in a laboratory;
4. An individual performing activities limited to power
washing and surface cleaning of a building exterior;
5. Phase I environmental site assessments conducted in
accordance with ASTM E1527-05 standards that, through the routine conduction of
the inspection, indicate the presence of mold. Such inspections shall not include
any further investigation of the mold or any other duties of a mold inspector
as defined in this chapter;
6. Professional engineers correcting a moisture problem
only; or
7. Any individual applying chemicals to a wood structure for
the sole purpose of controlling wood-destroying pests in compliance with the
Virginia Pesticide Control Act (§ 3.2-3900 et seq. of the Code of
Virginia).
Part II
Definitions
18VAC15-60-20. Definitions. (Repealed.)
Section 54.1-500 of the Code of Virginia provides
definitions of the following terms and phrases as used in this chapter:
"Mold" means any living or dead fungi or related
products or parts, including spores, hyphae, and spore-producing structures.
"Mold analysis" means the examination of a sample
collected during a mold inspection for the purpose of (i) determining the
amount or presence of or identifying the genus, species, or functional grouping
of any living or dead mold present in the sample or (ii) identifying or
determining the amount or presence of any fungal products including, but not
limited to, mycotoxins and fungal volatile organic compounds present in the
sample.
"Mold inspection" means (i) an inspection,
investigation, or survey of a dwelling or other structure to determine the
presence of mold; (ii) the development of a mold management plan or mold
remediation protocol; or (iii) the collection or analysis of a mold sample.
"Mold inspector" means an individual who has been
licensed by the board to perform mold inspections.
"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.
"Mold remediator" means an individual licensed by
the board to perform mold remediation.
"Person" means a corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association, or any other
individual or entity.
The following words and terms when used in this chapter
shall have the following meaning unless the context clearly indicates
otherwise.
"Approved mold training course" means any
training course offered by a person who has been approved by the board to
provide training for individuals that is required for obtaining an initial
license or renewing an existing license as a mold remediator worker, mold
remediator supervisor, or mold inspector.
"Approved mold training provider" means a person
who has been approved by the board to offer one or more approved mold training
courses.
"Applicant" means an individual seeking licensure
that has submitted a fully executed application or any person seeking board
approval to offer mold training courses.
"Application" means a board-prescribed form
submitted with the appropriate fee and other required documentation including,
but not limited to, references, employment verification, degree verification,
and verification of examination and licensure, certification, or registration.
"ASTM" means the American Society for Testing and
Materials.
"Department" means the Virginia Department of
Professional and Occupational Regulation.
"Discipline" means any one of the specific
licenses of mold remediator worker, mold remediator supervisor, or mold
inspector.
"Financial interest" means financial benefit
accruing to an individual or to a member of his immediate family. Such interest
shall exist by reason of (i) ownership in a business if the ownership exceeds
3.0% of the total equity of the business; (ii) annual gross income that exceeds
or may be reasonably anticipated to exceed $1,000 from ownership in real or
personal property or a business; (iii) salary, other compensation, fringe
benefits, or benefits from the use of property, or any combination of these,
paid or provided by a business that exceeds or may be reasonably expected to
exceed $1,000 annually; (iv) ownership of real or personal property if the
interest exceeds $1,000 in value and excluding ownership in business, income,
salary, other compensation, fringe benefits, or benefits from the use of
property.
"Guest instructor" means an individual designated
by an approved mold training provider's training manager or primary instructor
to provide instruction specific to a component of an approved mold training
course.
"IEC" means the International Electrotechnical
Commission.
"Instructor" means a person designated by an
approved mold training provider who instructs one or more approved mold
training courses. This definition excludes guest instructors.
"ISO" means the International Organization for
Standardization.
"Late renewal" means a period of time during
which a regulant may renew a license, certificate, or registration after its
expiration date by paying an established fee without having to meet additional
requirements.
"Licensed mold inspector" means any individual
who meets the requirements of this chapter and is granted a license by the
board to conduct mold inspections and mold assessments.
"Licensed mold remediator supervisor" means any
individual who meets the requirements of this chapter and is granted a license
by the board to conduct and supervise mold remediations.
"Licensed mold remediator worker" means any
individual who meets the requirements of this chapter and is granted a license
by the board to conduct mold remediations.
"Licensee" means any person as defined by §
54.1-500 of the Code of Virginia who has been issued and holds a currently
valid license as a mold remediator worker, mold remediator supervisor, or mold
inspector under this chapter.
"Phase I Environmental Site Assessment" means an
environmental site assessment as defined in ASTM standard E-1527-05.
"Professional engineer" means an individual
currently licensed in the Commonwealth of Virginia as a professional engineer.
"Reciprocity" means the recognition of licenses
or certificates issued by other states, the District of Columbia, or any
territory or possession of the United States as permitted by § 54.1-103 C of
the Code of Virginia.
"Refresher course" means a specific approved mold
training course established by this chapter that must be periodically completed
to maintain an individual's license in a single discipline.
"Regulant" means a licensee or an approved mold
training provider.
"Renewal" means the process and requirements for
periodically approving a regulant to continue practicing.
"Substantially equivalent" means requirements
that do not conflict with and are at least as rigorous as this chapter and
supporting statutes of the board.
"Training hour" means at least 50 minutes of
actual instruction including, but not limited to, time devoted to lecture,
learning activities, small group activities, demonstrations, evaluations, or
hands-on experience.
Part III
Entry
18VAC15-60-30. Application procedures. (Repealed.)
A. All applicants seeking licensure or training course
approval shall submit an application with the appropriate fee specified in 18VAC15-60-100.
Application shall be made on forms provided by the department.
B. By signing the application or submitting it
electronically to the department, the applicant certifies that he has read and
understands the board's statutes and regulations.
C. The receipt of an application and the deposit of fees by
the board do not indicate approval by the board.
D. The board may make further inquiries and investigations
with respect to the applicant's qualifications to confirm or amplify
information supplied.
E. Applicants will be notified if their application is
incomplete. Applicants who fail to complete the process within 12 months of the
date of the department's receipt of the original application shall submit a new
application and fee.
18VAC15-60-40. Qualifications for licensure - individuals.
(Repealed.)
A. All applicants shall meet all entry requirements in
effect at such time that the application is received by the department.
1. Name. The applicant shall disclose his full legal name.
2. Age. The applicant shall be at least 18 years old.
3. Address. The applicant shall disclose a physical address.
A post office box is only acceptable when a physical address is also provided.
4. Specific entry requirements.
a. Mold remediator worker. Each individual applying for an
initial mold remediator worker license shall provide proof of successful
completion of an initial mold remediator worker course and all subsequent
refresher mold remediator worker courses from a board-approved mold training provider.
The training must have been completed within 36 months preceding the date that
the department receives the application.
b. Mold remediator supervisor.
(1) Provide proof of successful completion of an initial
mold remediator supervisor course and all subsequent refresher mold remediator
supervisor courses from a board-approved mold training provider. The training
must have been completed within 12 months preceding the date that the
department receives the application; and
(2) Provide proof of one year of experience in a mold or
another related environmental remediation field.
c. Mold inspector.
(1) Provide proof of successful completion of an initial
mold inspector course and all subsequent refresher mold inspector courses from
a board-approved mold training provider. The training must have been completed
within 12 months preceding the date that the department receives the
application; and
(2) Provide evidence of experience of performing mold
inspections including the activities as defined in this chapter. The amount of
experience is dependent on the applicant's education as follows:
(a) An applicant with a bachelor's degree in engineering,
architecture, industrial hygiene, physical science, environmental science,
biological science, or a related field shall have at least six months of
experience or have completed a minimum of five mold inspections;
(b) An applicant with a two-year associate's degree in
engineering, architecture, industrial hygiene, physical science, environmental
science, biological science, or a related field shall have at least 12 months
of experience or have completed a minimum of 10 mold inspections; or
(c) An applicant with a high school diploma or equivalent
shall have at least 24 months of experience or have completed a minimum of 15
mold inspections.
5. Experience verification. Each application for mold
remediator supervisor and mold inspector shall include documentation that
verifies the applicant's experience as a mold remediator supervisor or mold
inspector as defined in this chapter.
6. Education verification. For verification of a high school
diploma or equivalent, a copy of the diploma or equivalent must accompany the
application. College degrees must be verified by one of the following:
a. Completing an education verification form provided by
the board that shall be sent directly from the school to the department; or
b. The board's receipt of official transcripts from the
college or university.
7. Training verification. Each application for mold
remediator worker, mold remediator supervisor, and mold inspector shall include
a copy of the certificate of completion from the initial training course and
all subsequent refresher courses that shall be specific to the discipline of
the license being applied for.
8. Convictions. In accordance with § 54.1-204 of the
Code of Virginia, each applicant shall disclose all convictions, in any
jurisdiction, of all misdemeanors and felonies. Any plea of nolo contendere
shall be considered a conviction for the purpose of this subdivision. The
record of a conviction certified or authenticated in such form as to be
admissible in evidence under the laws of the jurisdiction where convicted shall
be admissible as prima facie evidence of such guilt. The board, at its
discretion, may deny licensure to any applicant in accordance with
§ 54.1-204 of the Code of Virginia.
9. Disciplinary action. Each applicant shall disclose any
disciplinary action taken in any jurisdiction, including Virginia, in
connection with the applicant's environmental remediation practice including,
but not limited to, monetary penalties, fines, suspension, revocation, or
surrender of a license in connection with a disciplinary action.
10. Standards of practice and conduct. Applicants shall be
in compliance with the standards of practice and conduct set forth in this
chapter as applicable at the time of application to the board, while the
application is under review by the board, and at all times when the license is
in effect.
11. Standing. The applicant shall be in good standing in
every jurisdiction where licensed, certified, or authorized and the applicant
shall not have had a license, certification, or authorization that was
suspended, revoked, or surrendered in connection with any disciplinary action
in any jurisdiction prior to applying for licensure in Virginia. The board, at
its discretion, may deny licensure or approval to any applicant based on
disciplinary action by any jurisdiction.
B. The board may issue a license to perform mold
inspections or mold remediation to any applicant who is certified by a national
or state professional mold inspectors or mold remediators association approved
by the board, provided that the requirements for the applicant's class of
membership in such association at the time such membership was granted are
substantially equivalent to the requirements established by the board for all
applicants.
C. Applicants shall have one year from the date of the
board's receipt of the application and fee to correct any deficiencies and
provide the board with all required documentation and information. Applications
not completed within one year of the date of the board's receipt of the
application shall not be further considered by the board for approval. The
applicant shall be required to submit to the board a new application and fee.
18VAC15-60-50. Qualifications for approval as a mold training
provider. (Repealed.)
A. Persons requesting approval as a mold training provider
to offer courses to prepare applicants for initial licensure, as well as to
prepare applicants and licensees for continued licensure, shall meet the
requirements established by this chapter before being granted approval to offer
an approved mold training course.
B. A completed application submission shall consist of all
information required by this section. Receipt of an application by the
department in no way indicates approval of a training course.
C. All training courses shall be discipline-specific. An
applicant may seek approval to offer initial or refresher courses in any of the
license disciplines as defined in this chapter. A separate application shall be
made for each course. Application shall be made on forms provided by the board
and shall include the following:
1. Training provider's business name, physical address,
mailing address, and phone number.
2. The course discipline and type, initial or refresher, for
which approval is sought.
3. A syllabus that contains the complete training course
curriculum.
4. A copy of all training course materials including, but
not limited to, student manuals, instructor notebooks, handouts, and training
aids.
5. A copy of all examinations used and the corresponding
answer sheets.
6. A description of all facilities and equipment to be used
for lecture and hands-on training as applicable to the course.
7. A narrative that states how the training course meets the
requirements for approval in the following areas:
a. Length of training in hours.
b. Examination content, length, format, and passing score.
c. Topics covered in the training course.
d. Examination administration and integrity.
8. The names of each instructor including resumes,
education, training, experience, and certifications relevant to his
qualifications to teach the course.
9. An example of a certificate that will be issued to students
who successfully complete the approved mold training course. The certificate
shall contain the information listed in 18VAC15-60-210.
10. A statement signed by the training manager that
certifies that the training course meets the minimum requirements established
in this chapter.
D. An approved mold training course must be approved by the
board before its certificates shall be accepted by the board to satisfy initial
licensure or renewal licensure training requirements. The completion of a mold
training course that occurs prior to a course's board approval shall not be
used to satisfy board licensure training requirements.
E. Each training course shall be conducted in compliance
with this chapter to qualify for and maintain its board approval.
F. Online courses shall not be accepted by the board for
approval.
18VAC15-60-60. Training course approval by reciprocity. (Repealed.)
The board may grant approval to conduct mold training
courses to any applicant who is approved in another state provided that the
requirements at the time of that state's approval are substantially equivalent
to the requirements established by the board for mold training course approval.
18VAC15-60-70. Licensure by reciprocity. (Repealed.)
A person holding a current license, certificate, or
registration to engage in the practice of mold inspection or mold remediation issued
to the applicant by another state, the District of Columbia, or any territory
or possession of the United States based on requirements that are substantially
equivalent to this chapter and supporting statutes of this board that were in
effect at the time of original licensure, certification, or registration may be
licensed. If the applicant does not meet the requirements for licensure in
Virginia, then the applicant shall meet the entry requirements that are current
at the time the completed application for reciprocity is received by the
department.
18VAC15-60-80. Application denial. (Repealed.)
The board may refuse initial licensure due to an
applicant's failure to comply with entry requirements or for any of the reasons
that it may discipline a regulant. The board, at its discretion, may deny licensure
to any applicant in accordance with § 54.1-204 of the Code of Virginia.
The denial is considered to be a case decision and is subject to appeal under
Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
Part IV
Fees
18VAC15-60-90. General fee requirements. (Repealed.)
All fees are nonrefundable and shall not be prorated. The
date on which the fee is received by the department or its agent will determine
whether the fee is on time. Checks or money orders shall be made payable to the
Treasurer of Virginia.
18VAC15-60-100. Application fees. (Repealed.)
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18VAC15-60-110. Renewal fees. (Repealed.)
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Part V
Renewal
18VAC15-60-120. Renewal required. (Repealed.)
A. Each individual mold remediator worker, mold remediator
supervisor, and mold inspector license issued under this chapter shall expire
one year from the last day of the month in which it was issued.
B. A fee shall be required for renewal as specified in
18VAC15-60-110.
18VAC15-60-130. Procedures for renewal. (Repealed.)
A. The department shall mail a renewal notice to each
licensee at the licensee's last known address. The notice shall outline the
procedures for renewal and the renewal fee amount. Failure to receive the notice
shall not relieve the licensee of the obligation to renew in a timely fashion.
B. Prior to the expiration date shown on the individual's
current license, the individual desiring to renew that license shall provide
evidence of meeting the refresher training requirement for license renewal as
established in 18VAC15-60-140 and the appropriate fee specified in
18VAC15-60-110. The board will only accept mold training courses that were
specifically approved by the board at the time that the training was completed.
A copy of the training certificate documenting the successful completion of the
refresher training for the license discipline being renewed shall accompany the
renewal notice and fee.
C. By renewing the license, the regulant is certifying his
continued compliance with the Standards of Conduct and Practice in Part X
(18VAC15-60-160 et. seq.) of this chapter.
D. Refresher training certificates shall only be used once
to renew a mold remediator supervisor or mold inspector, as appropriate,
license.
E. Each license that is not renewed within 30 days of the
expiration date on the license shall be subject to late renewal fees as
established in 18VAC15-60-110.
F. Any licensee who fails to renew his license within six
months after the expiration date on the license shall not be permitted to renew
and shall apply as a new applicant and meet all entry requirements as
established by this chapter.
18VAC15-60-140. Qualifications for renewal. (Repealed.)
A. Licensees desiring to maintain an individual license
shall satisfactorily complete a board-approved mold refresher training course
not less than once every 12 months for inspector and remediator supervisor, and
not less than once every 36 months for remediator worker. It is the licensee's
responsibility to ensure the board's receipt of the proof of training
completion, as appropriate, at the time of license renewal.
B. Refresher training shall be specific to the discipline
of the license held.
C. The board shall renew an individual license for an
additional 12 months upon receipt of a renewal application, proof of initial or
refresher, as appropriate, training completion, and renewal fee in accordance
with 18VAC15-60-130.
D. A renewal applicant's submission of the renewal
application and renewal fee to the board shall constitute a certification that
the renewal applicant is in full compliance with the board's regulations.
18VAC15-60-150. Board discretion to deny renewal. (Repealed.)
The board may deny renewal of a license for the same
reasons as it may refuse initial licensure or discipline a regulant. The board may
deny renewal of a license if the regulant has not met the terms of an agreement
for licensure, has not satisfied all sanctions, or has not fully paid any
monetary penalties or costs imposed by the board.
Part VI
Disciplinary Action and Reporting Requirements
18VAC15-60-160. Grounds for disciplinary action. (Repealed.)
A. The board shall have the authority to fine any licensee;
deny renewal of, suspend, or revoke any license issued by the board; deny application
for any individual license or approval as a provider of a mold training course;
and withdraw board approval of the provider of a mold training course provided
for under Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of
Virginia for:
1. Violating or inducing another person to violate any of
the provisions of Chapters 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200
et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title
54.1 of the Code of Virginia, or any of the provisions of this chapter.
2. Obtaining an individual license or approval as a mold
training provider, or approval as a training manager or instructor through
fraudulent means.
3. Altering, falsifying, or issuing a fraudulent Virginia
individual mold license or a training certificate.
4. Violating any provision of any federal, state, or local
law or regulation pertinent to mold remediation and mold inspection.
5. Having been found guilty by the board, another regulatory
authority, or a court of any misrepresentation in the course of performing his
mold inspection or remediation duties.
6. Subject to the provisions of § 54.1-204 of the Code
of Virginia, having been convicted or found guilty, regardless of adjudication,
in any jurisdiction of the United States of any felony or of any misdemeanor,
there being no appeal pending therefrom or the time for appeal having elapsed.
Any plea of nolo contendere shall be considered a conviction for the purposes
of this chapter. A certified copy of the final order, decree, or case decision
by a court or regulatory agency with lawful authority to issue such order,
decree, or case decision shall be admissible as prima facie evidence of such
conviction or discipline.
7. Failing to notify the board in writing within 30 days of
pleading guilty or nolo contendere or being convicted or found guilty of any
felony or of any misdemeanor.
8. Negligence or a continued pattern of incompetence in the
practice of the discipline in which an individual mold license is held.
9. Failing or neglecting to send any information or
documentation that was requested by the board or its representatives.
10. Failing to comply with 18VAC15-60-170.
11. Failing to keep board-approved training and license
current.
B. Any person whose license, approval as a mold training
provider, or approval as a training manager or instructor is revoked or
withdrawn under this section shall not be eligible to reapply for a period of
one year from the effective date of the final order of revocation or withdrawal
of approval. The person shall meet all education, experience, training, and
documentation requirements, complete the application, and submit the required
fee for consideration as a new applicant.
C. The board shall conduct disciplinary procedures in
accordance with §§ 2.2-4019 and 2.2-4021 of the Administrative Process
Act.
18VAC15-60-170. Maintenance of license. (Repealed.)
A. A regulant shall report all changes of address to the
board in writing within 30 calendar days of the change and shall return the license
to the board. A physical address is required for each license. A post office
box is acceptable only when a physical address is also provided. If the
regulant holds more than one license issued by the board, the regulant shall
inform the board of all licenses affected by the address change.
B. A regulant shall operate under the name in which the
license is issued. Regulants shall report any change of individual name to the
board in writing within 30 calendar days of the name change and shall return the
license to the board. If the regulant holds more than one license issued by the
board, the regulant shall inform the board of all licenses affected by the name
change.
C. No license issued by the board shall be assigned or
otherwise transferred.
18VAC15-60-180. Notice of adverse action. (Repealed.)
Regulants shall notify the board of the following actions:
1. Any disciplinary action taken by another jurisdiction,
board, or administrative body of competent jurisdiction including, but not
limited to, any reprimand, revocation, suspension or denial, monetary penalty,
or requirement for remedial education or other corrective action taken on any
license, certification, registration, or authorization of the regulant.
2. Any voluntary surrendering of a license, certificate,
registration, approval, or authorization done in connection with an open
disciplinary action in another jurisdiction.
3. Any conviction or finding of guilt, regardless of
adjudication or deferred adjudication, of any felony or of any misdemeanor. Any
plea of nolo contendere shall be considered a conviction for the purpose of
this section.
All notices must be made to the board in writing within 30
days of the action. A copy of the order or other supporting documentation must
accompany the notice. The record of conviction, finding, or case decision shall
be considered prima facie evidence of a conviction or finding of guilt.
18VAC15-60-190. Response to inquiry and provision of records.
(Repealed.)
A. A regulant must promptly respond to the board or any of
its agents regarding a complaint.
B. The regulant must promptly produce to the board or any of
its agents, any document, book, record, or copy thereof in which the regulant
was involved or that is in the regulant's possession or control concerning a
transaction covered by this chapter, or for which the regulant is required to
maintain records.
C. A regulant shall not provide a false, misleading, or
incomplete response to the board or any of its agents seeking information in
the investigation of a complaint filed with the board.
Part VII
Training Provider and Training Course Requirements
18VAC15-60-200. Training provider personnel. (Repealed.)
A. Training managers.
1. Approved mold training course providers shall designate a
board-approved training manager to administer the mold training courses offered
by the provider. The training manager shall meet the following requirements:
a. Have a minimum of two years experience in teaching
adults; or
b. Have a minimum of three years experience in the mold
remediation industry.
2. Training managers shall be responsible for ensuring that
the training provider complies at all times with the requirements of this
chapter. Training managers shall also be responsible for:
a. Maintaining the validity and integrity of each course
examination to ensure that it accurately evaluates the student's knowledge and
retention of the course topics.
b. Designating course instructor(s).
c. Developing and implementing a quality control plan. The
plan shall be used to maintain and improve the quality of the approved mold
training courses as advances in the industry are made. This plan shall contain
at least the following elements:
(1) Procedures for periodic revision of training materials
and course test to reflect innovations in the field.
(2) Procedures for the training manager's annual review of
instructor competency.
3. Any training manager who intends to also serve as an
instructor shall meet the requirements of subsection B of this section.
B. Training course instructors.
1. Mold training course instructors are responsible for the
organization of the course and oversight of the teaching of all course
material.
2. Board-approved mold training courses shall only utilize
board-approved instructors to teach a mold training course. All instructors
shall have a minimum of 24 hours of mold specific training and two years of
experience in the mold remediation or mold assessment industry.
3. Guest instructors may be utilized to assist in teaching a
mold training course and shall be exempt from the instructor qualifications in
this subsection. Guest instructors are limited to no more than two hours of
instruction per course per day.
C. Documentation of instructors and training manager.
1. The following documents shall be recognized by the board
as proof that training managers and instructors meet the relevant work
experience and training requirements specifically listed in this section:
a. Signed letters of reference or verification letters from
the applicant's supervisor as proof of meeting the work experience
requirements.
b. Certificates from mold-specific training courses as
proof of meeting the training requirements.
2. Instructor qualifications shall be reviewed and approved
by the board prior to the instructor teaching an approved mold training course.
3. Instructors will be notified in writing of their approval
to teach mold training courses.
18VAC15-60-210. Training course general requirements. (Repealed.)
A. In no case shall actual mold training exceed eight hours
in a 24-hour period.
B. The total hours of actual training for any training course,
including examination, shall be completed within a continuous two-week time
frame, from start to finish.
C. All initial and refresher approved mold training courses
shall be discipline specific.
D. Approved mold remediator supervisor and mold inspector
training courses shall be taught in English.
E. Prior to the start of any approved mold training course,
the training provider shall prepare a course outline that shall be distributed
to each student at the start of the course. The outline shall contain the
following minimum information:
1. Training course title and total hours of training;
2. Course instructor(s); and
3. Daily schedule specifying the time of each training
topic, activity, break, and the examination.
F. Approved mold training course providers shall issue a
course completion certificate to each individual who attends the course in full
and successfully completes all course requirements. The certificate shall
include the following information:
1. Training course title and length of training in hours.
For mold remediator worker courses completed in languages other than English,
the certificate shall indicate the language of the course.
2. Name, address, and telephone number of the training
provider.
3. Complete address of training location.
4. Name and address of the student.
5. Unique certificate number generated by the training
provider.
6. Statement affirming that the student attended the course
and successfully completed its examination.
7. Examination date.
8. Training certificate expiration date. The training
certificate expiration date for any mold remediator supervisor or mold
inspector course shall be 12 months from the last day of the month when the
course was completed. For any mold remediator worker course, the certificate expiration
date shall be 36 months from the last day of the month when the course was
completed.
9. Signature and name of the approved mold training course
provider's training manager and course instructor. The signatures may be
printed facsimiles.
18VAC15-60-220. Worker course requirements. (Repealed.)
A. The mold remediator worker initial course shall include
lectures, demonstrations, and other activities directly related to the duties
of a mold remediator worker.
B. The mold remediator worker initial course shall last a
minimum of 16 hours with a minimum of six hours of hands-on training and shall
address the following topics:
1. Role and responsibilities of a mold remediator worker.
2. Background information on mold including health effects.
3. Relevant federal, state, and local regulatory
requirements related to mold remediation activities including the requirements
of this chapter.
4. Employee personal protective equipment.
5. Workplace safety hazards, including other environmental
hazards such as lead and asbestos.
6. Knowledge of building construction as related to
eliminating moisture problems including elements of airflow, mechanisms of
moisture and heat flow, humidity, the building envelope, and porous and nonporous
materials.
7. Current relevant industry work practices and standards.
8. Course review of key concepts.
9. Examination.
C. The mold remediator worker refresher course shall last a
minimum of four hours and include the following topics:
1. Comprehensive review of the initial course topics with
specific emphasis and update on current relevant mold remediation industry work
practices and standards.
2. Examination.
18VAC15-60-230. Supervisor course requirements. (Repealed.)
A. The mold remediator supervisor initial course shall
include lectures, demonstrations, and other activities directly related to the
duties of a mold remediator supervisor.
B. The mold remediator supervisor initial course shall last
a minimum of 24 hours with a minimum of eight hours of hands-on training and
shall address the following topics:
1. Role and responsibilities of a mold remediator
supervisor.
2. Background information on mold including health effects.
3. Relevant federal, state, and local regulatory
requirements related to mold remediation activities, including the requirements
of this chapter.
4. Employee personal protective equipment.
5. Workplace safety hazards, including other environmental
hazards such as lead and asbestos.
6. Knowledge of building construction as related to
eliminating moisture problems, including elements of airflow, mechanisms of
moisture and heat flow, humidity, the building envelope, and porous and
nonporous materials.
7. Current relevant industry work practices and standards,
including the use and reading of moisture meters, duct cleaning, and use of
drying equipment.
8. Development and implementation of an occupant protection
plan and a remediation activities report.
9. Liability and insurance issues relating to mold
remediation.
10. Overview of sampling and mold inspection report
interpretation.
11. Contract specification key elements.
12. Recordkeeping for mold remediation projects.
13. Supervisory techniques for mold remediation activities
including implementation of required work practices and prevention of unsafe
work practices.
14. Course review of key concepts.
15. Examination.
C. The mold remediator supervisor refresher course shall
last a minimum of four hours and include the following topics:
1. Comprehensive review of the initial course topics with
specific emphasis and update on current relevant mold remediation industry work
practices and standards.
2. Review of contract specifications, mold inspection
reports, and other pertinent records.
3. Examination.
18VAC15-60-240. Inspector course requirements. (Repealed.)
A. The inspector initial course shall include lectures,
demonstrations, and other activities directly related to the duties of a mold
inspector.
B. The mold inspector initial course shall last a minimum
of 24 hours with a minimum of four hours of hands-on training and shall address
the following topics:
1. Role and responsibilities of a mold inspector.
2. Background information on mold including health effects.
3. Relevant federal, state, and local regulatory
requirements related to mold remediation activities, including the requirements
of this chapter.
4. Employee personal protective equipment.
5. Workplace safety hazards, including other environmental
hazards such as lead and asbestos.
6. Knowledge of building construction as related to
eliminating moisture problems, including elements of airflow, mechanisms of
moisture and heat flow, humidity, the building envelope, and porous and
nonporous materials.
7. Current relevant industry work practices and standards,
including the use and reading of moisture meters and an understanding of HVAC
systems.
8. Pre-inspection planning and review of previous inspection
records.
9. Mold inspection report interpretation and recordkeeping.
10. Liability and insurance issues relating to mold
inspection.
11. Inspection and sampling techniques for mold and
assessment of the condition of mold.
12. Designing a mold management plan and mold remediation
protocol to be carried out by a mold remediator supervisor and workers.
13. Public/employee/building occupant relations.
14. Course review of key concepts.
15. Examination.
C. The mold inspector refresher course shall last a minimum
of four hours and include the following topics:
1. Comprehensive review of the initial course topics with
specific emphasis and update on current relevant mold inspection and
remediation industry work practices and standards.
2. Review of mold inspection reports, remediation plans, and
other pertinent records related to mold inspection.
3. Examination.
18VAC15-60-250. Examinations. (Repealed.)
A. Upon the conclusion of instruction and training course
activities, the training provider shall administer an examination to the
students. The purpose of the examination is to measure the overall effectiveness
of the training by testing the student's knowledge and retention of the topics
covered during the course.
B. Course examinations shall be administered by the course
instructor or training manager and must cover the topics included in the training
course.
C. All examinations shall be closed-book, multiple choice
questions, with a passing score of 70% or higher. The requirements for the
examination of each course shall be as follows:
1. The mold remediator worker initial examination shall
consist of 50 items.
2. The mold remediator supervisor initial examination shall
consist of 100 items.
3. The mold inspector initial examination shall consist of
100 items.
4. All refresher course examinations shall consist of 50
items.
D. The examination for all mold remediator supervisor and
mold inspector courses shall be read and answered in writing by the student.
The examination for any mold remediator worker course may be given to the
student orally only if the student is unable to read and answer the examination
in writing.
E. Students shall be allowed two attempts to pass the
examination immediately following the conclusion of course instruction and
activities. If the student is unable to pass the examination after two
attempts, the course shall be repeated in its entirety before the student shall
be allowed to take the examination again.
Part VIII
Standards of Practice and Conduct for Approved Mold Training Programs
18VAC15-60-260. Recordkeeping. (Repealed.)
A. Each approved mold training provider shall maintain and
make available upon request from the board the following records:
1. All documents specified in 18VAC15-60-200 that
demonstrate the qualifications of the training manager and instructors.
2. Copies of each current course outline and training
certificate as specified in 18VAC15-60-210.
3. Copies of each course examination and applicable answer
keys.
4. Results of each student's course examination and a copy
of each student's course completion certificate.
5. Copies of any of the material that was submitted to the
board as a part of the training provider's original application for board
approval.
6. Any other material not listed in this chapter that is
utilized by the training provider in any of the training courses for which it
is approved.
B. Training providers shall maintain the above records for
a minimum period of three years.
18VAC15-60-270. Changes to approved training providers. (Repealed.)
A. When an approved mold training provider offering any
approved mold training course has a change of ownership, the new owner shall make
written notification to the board within 30 days of the change of ownership.
The new owner shall comply with the requirements of this chapter in order to
maintain approval.
B. After a mold training course has been approved, any
substantial changes in the training course shall be submitted to the board for
review and approval prior to the continuation of the approved mold training
course, which includes the following:
1. Course curriculum.
2. Course examination.
3. Course training materials.
4. Training manager and instructors.
5. Certificate of completion.
C. The board shall communicate its approval or disapproval
of any changes in the same manner as for initial applications for course
approval.
D. The approved mold training provider shall notify the
board no less than 30 days prior to relocating its business, transferring its
records, changing its telephone number, changing its course instructors, or
ceasing its business operations.
18VAC15-60-280. Status of approval. (Repealed.)
The board may withdraw approval of any mold training course
for the following reasons:
1. The training program manager, instructors, or training courses
no longer meets the standards established in this chapter.
2. The board determines that the provider is not conducting
the training in a manner that meets the requirements as set forth in this
chapter.
3. The training provider fails to comply with a board
request for documentation or other materials from the provider.
Part IX
Standards for Conducting Mold Inspection and Remediation Activities
18VAC15-60-290. General standards of individual practice and
conduct. (Repealed.)
A. Individuals conducting mold inspection or mold remediation
activities shall comply with the work practice standards enumerated in this
chapter.
B. Individuals conducting mold inspections or mold
remediations shall comply with § 54.1-1100 et seq. of the Code of Virginia
as appropriate.
C. Inspectors and remediators shall comply with all other
relevant local, state, and federal regulations including 29 CFR Part 1910, 29
CFR Part 1926, and other regulations as applicable to mold inspection and
remediation.
D. Upon encountering any regulated hazardous materials for
which the remediator or inspector is not qualified to handle including, but not
limited to, asbestos and lead, the remediator or inspector shall inform the
building owner or his agent, as appropriate, and advise of the need for
services from the appropriate qualified professionals.
18VAC15-60-300. Mold remediator worker. (Repealed.)
A licensed mold remediator worker shall conduct mold
remediation activities as directed by the mold remediator supervisor.
18VAC15-60-310. Mold remediator supervisor. (Repealed.)
A. The building owner or his agent shall be advised in
writing by the mold remediator supervisor that a third party pre-remediation
inspection prior to the start of the mold remediation project and a third-party
post-remediation inspection at the conclusion of the mold remediation project
are options.
B. A licensed mold remediator supervisor shall be
physically present at all times that mold remediation activities are being
conducted.
C. The licensed mold remediator supervisor shall ensure
that all remediation activities are conducted according to the requirements of
this chapter and all other applicable federal, state, and local laws and
regulations.
D. The licensed mold remediator supervisor shall be
responsible for following the mold management plan and mold remediation
protocol.
E. The licensed mold remediator supervisor shall keep a
daily log of mold remediation activities, which shall include the following
minimum information:
1. The name and license number of each mold remediator
worker that participated in whole or in part of the remediation.
2. The start and end dates of the remediation.
3. Records of any readings taken by the workers or
supervisor as part of the remediation.
F. Upon completion of the remediation, the licensed mold
remediator supervisor shall sign a statement declaring that the remediation
scope of work has been completed. The statement shall be retained as part of
the record for the mold remediation.
18VAC15-60-320. Mold inspector. (Repealed.)
Licensed mold inspectors shall conduct inspection
activities in accordance with the following:
1. The visual inspection and physical sampling of mold shall
be conducted using documented methodologies that incorporate adequate quality
control procedures;
2. Air sampling for the presence of mold is optional, but
when performed shall be conducted using documented methodologies that
incorporate adequate quality control procedures;
3. Collected mold samples shall be sent to a laboratory
capable of performing mold analysis that is accredited or certified by an
organization that meets international program requirements established under
ISO/IEC 17011;
4. The licensed inspector shall prepare an inspection report
after his completion of the mold inspection. The report shall include the
following minimum information:
a. Dates of the start and finish of each inspection;
b. Physical address of the building receiving the
inspection;
c. Name and address of the building owner;
d. Name, signature, and license number of each licensed
inspector conducting testing;
e. Name, address, and telephone number of the firm
employing each inspector;
f. Each device and sampling procedure employed for mold
inspection, including instrument calibration data;
g. Specific locations of each mold sample taken;
h. Location, condition, and type of all mold identified
during inspection;
i. Copy of the laboratory report containing the results of
all mold sampled from the inspection;
j. Explanation of the potential source and cause of the
mold or recommendations for further investigation of the mold intrusion by
qualified professionals; and
k. Mold management plan and mold remediation protocol, if
contracted to perform these duties by the building owner or his authorized
agent, using documented methodologies that incorporate adequate quality control
procedures;
5. All inspection reports, mold management plans , and mold
remediation protocols shall be maintained by the licensed inspector who
prepared them for at least three years after the date of the completion of the
inspection. The licensed inspector shall provide copies of the reports and
plans to the building owner or to the person that contracted for his services;
and
6. If contracted to perform a post-remediation verification
by the building owner or his authorized agent, the licensed mold inspector
shall use documented methodologies that incorporate adequate quality control
procedures.
a. Following a remediation, a visual inspection shall be performed
by the licensed inspector to determine if there is any evidence of the presence
of mold.
b. If mold is still present contrary to the specifications
of the remediation plan, these conditions shall be remediated prior to the
continuation of the post-remediation inspection.
Part X
General Standards of Practice and Conduct
18VAC15-60-330. Responsibility to the public. (Repealed.)
The primary obligation of the licensee shall be to the
public. If the licensee's judgment is overruled under circumstances when the safety,
health, property, or welfare of the public is endangered, the licensee shall
inform the employer or client of the possible consequences and notify the
appropriate authorities if the situation is not resolved. The licensee shall
take such action only when his authority to correct a problem has been ignored
or overruled.
18VAC15-60-340. Public statements. (Repealed.)
A. The licensee shall be truthful in all matters relating
to the performance of mold remediation and mold inspection services.
B. When serving as an expert or technical witness, the
licensee shall express an opinion only when it is based on an adequate
knowledge of the facts in issue and on a background of technical competence in
the subject matter. Except when appearing as an expert witness in court or an
administrative proceeding when the parties are represented by counsel, the
licensee shall issue no statements, reports, criticisms, or arguments on
matters relating to practices that are inspired or paid for by an interested
party or parties unless the licensee has prefaced the comment by disclosing the
identities of the party or parties on whose behalf the licensee is speaking,
and by revealing any self-interest.
C. Licensees or applicants for license shall not knowingly
make a materially false statement, submit falsified documents, or fail to
disclose a material fact requested in connection with an application for
licensure or licensure renewal submitted to the board by any individual.
18VAC15-60-350. Solicitation of work. (Repealed.)
In the course of soliciting work:
1. The licensee shall not bribe;
2. The licensee shall not falsify or permit
misrepresentation of the licensee's work or an associate's academic or professional
qualifications, nor shall the licensee misrepresent the degree of
responsibility for prior assignments;
3. Materials used in the solicitation of employment shall
not misrepresent facts concerning employers, employees, associates, joint
ventures, or past accomplishments of any kind; and
4. Materials used in the solicitation of services shall not
misrepresent facts of approval or any federal, state, or local requirements.
18VAC15-60-360. Professional responsibility. (Repealed.)
A. The licensee or approved mold training provider shall,
upon request or demand, produce to the board, or any of its representatives,
any plan, document, book, record, or report in his possession concerning a
transaction covered by this chapter, and shall cooperate in the investigation
of a complaint filed with the board against a licensee or approved mold
training provider.
B. A licensee or approved mold training provider shall not
use the design, plans, or work of another licensee or approved mold training
provider without the original professional's knowledge and consent and, after
consent, a thorough review to the extent that full responsibility shall be
assumed by the user.
C. The mold inspector shall not disclose any information
concerning the results of the mold inspection without the approval of the
client for whom the mold inspection was performed. However, the mold inspector
may disclose information in situations where imminent danger exists to life or
health.
D. Approved mold training providers shall admit board
representatives for the purpose of conducting an on-site audit or any other
purpose necessary to evaluate compliance with this chapter to maintain board
approval and other applicable laws and regulations.
18VAC15-60-370. Good standing in other jurisdictions. (Repealed.)
A. Licensees that perform mold remediation work or
inspections in other jurisdictions and approved mold training providers,
training managers, or instructors that offer mold training in other
jurisdictions shall be in good standing in every jurisdiction where licensed,
certified, or approved by an authorizing agency and shall not have had a
license, certification, or approval suspended, revoked, or surrendered in
connection with any disciplinary action.
B. Licensees and approved mold training providers, training
managers, and instructors shall notify the board in writing no later than 10
days after the final disciplinary action taken by another jurisdiction against
their license or approval to perform mold remediation or inspection activities
or offer mold training.
C. Licensees may be subject to disciplinary action for
disciplinary actions taken by another jurisdiction. Approved mold training
providers, training managers, and instructors may be subject to withdrawal of
board approval to offer mold training as a result of disciplinary actions taken
by another jurisdiction.
18VAC15-60-380. Conflict of interest. (Repealed.)
A. No licensed mold remediator supervisor shall perform a
mold remediation project if the mold remediation is to be performed by any
individual with an employer/employee relationship, or financial interest in,
the licensed mold inspector who conducted the inspection of the property unless
the licensed mold remediator supervisor discloses the employer/employee
relationship or financial interest to the building owner or his agent. A
department-generated disclosure form shall be signed and dated by the licensed
mold remediator supervisor and the building owner or his agent prior to the
signing of any proposal or contract.
B. No licensed mold inspector shall perform a mold inspection
if the inspection is to be performed by any individual with an
employer/employee relationship, or financial interest in, the licensed mold
remediator supervisor who conducted a remediation of the property unless the
license mold inspector discloses the employer/employee relationship or
financial interest to the building owner or his agent. A department-generated
disclosure form shall be signed and dated by the licensed mold inspector and
the building owner or his agent prior to the signing of any proposal or
contract.
C. The licensee shall not accept compensation, financial or
otherwise, from more than one interested party for the same service on the same
property without the written consent of all interested parties.
D. The licensee shall not accept commissions or allowances
nor offer commissions or allowances, in connection with work for which the
licensee is responsible either directly or indirectly from other parties.
Additionally, the licensee shall not enter into any financial relationship with
any party that may compromise the licensee's commitment to the best interest of
his client.
E. The mold inspection shall not be used as a tool by the
licensee to solicit or obtain work in another field, except for additional
diagnostic inspections or testing.
18VAC15-60-390. Responsibilities of a licensee. (Repealed.)
A. A licensee or approved mold training provider shall
respond to an inquiry from the board or any of its agents within 15 business
days.
B. A licensee shall produce to the board or any of its agents,
upon demand, any written reports and supporting documentation concerning any
mold remediation or mold inspection in which the licensee was involved, as well
as any other records that the licensee shall maintain as required by this
chapter.
C. A licensee shall keep the board informed of his current
home address at all times. Changes of address shall be reported to the board in
writing within 30 calendar days after such change. A physical address is
required; a post office box is only acceptable when provided in addition to the
licensee's physical address. The board shall not be responsible for the
licensee's failure to receive the board's correspondence as a result of the
licensee's failure to inform the board of his correct address.
D. A licensee shall notify the board in writing of a name
change within 30 calendar days after any change in the licensee's legal name.
Such notification shall be accompanied by a copy of a marriage certificate,
divorce decree, court order, or other documentation that verifies the name
change and was issued by an organization with the authority to make such a
change.
E. A licensee shall retain all records pertaining to mold
remediations and mold inspections performed including, but not limited to, all
written reports and supporting documentation for a period of three years from
the date of the completion of the mold remediation or mold inspection.
F. Each licensee shall keep his board-approved training and
license current.
FORMS (18VAC15-60) (Repealed.)
Mold
License Application, A506-33MLIC (5/11).
Mold
Education Verification Form, A506-33MED (5/11).
Mold
Experience Verification Form, A506-33MEXP (5/11).
Mold
Inspectors/Remediators Association Membership Form, A506-33MAMF (5/11).
Mold
Remediator Supervisor/Inspector Disclosure Form, A506-33MDIS (5/11).
Mold
Training Provider/Course Application, A506-33MTCAPP (5/11).
DOCUMENTS INCORPORATED BY REFERENCE (18VAC15-60) (Repealed.)
ASTM E1527-05, Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process, ASTM International.
ISO/IEC 17011:2004(E), Conformity Assessment - General Requirements
for Accreditation Bodies Accrediting Conformity Assessment Bodies,
International Organization for Standardization.