Any industry, agency, company or individual that is allowed to both identify a need for an action or service, and provide the solution identified—weather by means or by action—will be perceived as a conflict of interest.  Perception by the consuming public is the basis for trust and sustained reputation for any entity (government or private).  Whereas the need for regulating, licensing and oversight of mold inspectors and mold remediators may be worthwhile, allowing any entity to do both is not.

Public perception is what drives a capitalistic society. Even government is susceptible to public (constituent) perception. Public perception drives change, competition, service and ultimately capital gain. But creating a situation that does not allow for “a level playing field” will eventually lead to stagnation in the market, flawed partnerships, poor delivery of service and new litigation.

As a small business owner who has an interest in both the accurate inspection and identification, and proper remediation of mold and related moisture issues in residential and commercial property, I strongly believe that the licensed inspector and remediator should be kept as separate parties.

Similar to how the Commonwealth defines and regulates asbestos licensing categories; certain situations between mold license categories should be considered a conflict of interest and therefore prohibited (reference “VIRGINIA ASBESTOS LICENSING CONSUMER INFORMATION SHEET”, publication 33acis.pdf).

Further, if licensing mold inspectors and/or remediators is enacted by the Commonwealth, is should be a mandatory requirement for all practitioners, be it the primary business or a supplemental service of a company. In addition to a minimum requirement of education and experience, a minimum of continuing professional education hours should be obligatory. Likewise, standards of practice should be drawn up by a body comprised of building professionals, mold and indoor air quality experts, and the consuming public, and made mandatory for the industry to adhere to or face disciplinary action by the Commonwealth, similar to that required of building contractors, home inspectors and other professional and trade practitioners in Virginia.

Examples of how mold inspectors and remediators are qualified and regulated may be explored by looking at how Texas and the Gulf states currently certify and license their practitioners. New problems with mold and the effects of moisture left untreated were discovered in the aftermath of hurricanes Katrina and Rita in 2005.

Thank you for your consideration.

We urge that you proceed with extreme care and diligence with the creation of licensing requirements for mold inspectors and remediators. Additionally, the training requirements that are created need to consider the nature of the work and that you do not need to make a simple task into a complex task. You should particularly consider that the creation of these license categories was as a result of a single unsatisfactory job. The problems of this job could have been resolved through contractual means, instead of the creation of a new program. 

Thank you for the opportunity to submit comments regarding the NOIRA for mold remediators and mold inspectors.

We have several comments:

1. We believe that the training course for mold inspectors should be 1 - 2 days but that an apprenticeship period be mandated in the regulations (as was done for the asbestos inspector).  As a professional industrial hygienist who has been conducting mold inspections for close to 30 years, there is much more to learn through field experience than there is to learn in a classroom setting.  We would suggest that to become a mold inspector in Virginia,  a 1 - 2 day training course be required along with at least 6 month period with at least 6 projects  documented before being eligible for  licensure. 

2.  We believe mold remediators should be limited to  a 1-2 day course since so many of the mold remediators at the current time are asbestos laborers who already understand proper control methods.  

3.  We would suggest that the continuing education requirement be a 3 year requirement as exists for lead paint licensees.  There are not enough changes in the science of mold  to warrant more frequent refresher classes.

4.  To make it less burdensome on small business in this economy, we ask that individuals who have been performing this work for at least 5 years, be initially grandfathered in as mold inspectors or remediatiors if they can show proof of their experience.