Evelyn W. Woolf, CSP
Etc. Inc.
P. O. Box 726
Independence, VA 24348
Email: etc.csp@gmail.com
October 17, 2011
Mr. David E. Dick
Executive Director
Virginia Board for Asbestos, Lead, Mold and Home Inspectors
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233
RE: Public Participation in Periodic Review of Regulations; Mold Regulations
Dear Mr. Dick:
This letter is in response to the announcement dated September 23, 2011 requesting public comments on the review of DPOR regulations, specifically the newly enacted Mold Regulations (18VAC15-60, “Mold Inspector and Remediator Regulations). In the announcement, public comment is requested on whether the regulations:
(i) are necessary for the protection of public health, safety, and welfare or the economic performance of important government functions;
(ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and
(iii) are clearly written and easily understandable.
I would like to address numbers (i) and (ii) below:
(i) These regulations are not necessary for the protection of public health, safety and welfare or the economic performance of important government functions.
There are no health or safety standards for acceptable levels of mold indoors from the Environmental Protection Agency (EPA) or the Center for Disease Control (CDC) or any other federal or nationally-recognized institution.
Also, DPOR has excluded from their competency criteria, professionals who hold Board certifications such as Certified Industrial Hygienists (CIHs) and Certified Safety Professionals (CSPs). These individuals are required to have college degrees and numerous years of experience prior to taking certification exams. Professional Engineers (PEs), Registered Sanitarians (RSs), CIHs, CSPs, etc. should not be required to take a three-day mold inspector class.
(ii) The economic impact on small businesses can be astounding. As a small independent safety and health consultant, it would cost me over $5000 to attend the initial class.
To recap those losses, I would have to raise my rates to my clients, which would impact their bottom line as well.
The Commonwealth of Virginia has, in the past, operated under Executive Order 25 (98) and 58 (99) by not promulgating environmental safety and health regulations more stringent than federal regulations. There are no federal regulations regarding mold. Therefore, the newly-enacted mold regulations should be rescinded.
Sincerely,
Evelyn W. Woolf, CSP
Submitted online: http://www.townhall.virginia.gov/L/Forums.cfm
Via email: alhi@dpor.virginia.gov
cc: Bill Carrico, Delegate, 5th District
Kenneth T. Cuccinelli, II, Attorney General of Virginia