AB312: Bill Text

LRB-0557/1

DAK:lmk&wj:rs

2007 - 2008 LEGISLATURE

2007 Assembly BILL 312

May 8, 2007 - Introduced by Representatives Berceau, Pope-Roberts, Sherman, Molepske, Benedict, Seidel and Hilgenberg, cosponsored by Senator Lassa. Referred to Committee on Housing.

AB312,1,5 An Act to renumber 254.30; to amend 20.435 (1) (gm); and to create 250.041 (1) (dm), 254.115 (1) (bm) and 254.24 of the statutes; relating to: licensure and other regulation of mold assessors and mold remediators, granting rule-making authority, requiring the exercise of rule-making authority, making appropriations, and providing penalties.

Analysis by the Legislative Reference Bureau

Effective January 1, 2010, this bill establishes requirements for licensure by the Department of Health and Family Services (DHFS) of mold assessors and mold remediators for the performance of mold assessment and mold remediation, as defined in the bill. DHFS must issue biennial licenses and renewals of these licenses as mold assessors or mold remediators to individuals who submit applications, pay specified fees, and meet certain statutory requirements and DHFS rules requirements.

The bill specifies requirements for the performance of mold assessment and mold remediation, but exempts from these requirements routine cleaning and mold assessment or mold remediation activities performed by residential property owners on their residences or by maintenance staff for property owners who were not hired for mold treatment. DHFS must promulgate rules to specify, among other things, the scope of licensure activity, requirements for licensure, standards for continuing education requirements, practice standards, and information to be contained in written reports that mold assessors must provide to persons for whom they perform services. Further, the bill requires DHFS, among other things, to develop and administer examinations for licensure, maintain a publicly accessible registry of licensed mold assessors and mold remediators, and periodically conduct inspections. Annually, beginning January 1, 2011, DHFS must submit a report to the legislature and the governor specifying the number of current licenses, measures taken by DHFS to disseminate information about licensees, and mold assessment and mold remediation education and research conducted in the previous year and any proposed by DHFS in the ensuing year.

The bill specifically prohibits certain actions by mold assessors, mold remediators, and employers or contractors of mold assessors and mold remediators, including offering compensation, inducement, or reward for the referral of business, and prohibits performance after license expiration of a mold assessment or mold remediation activity that requires licensure. DHFS must investigate complaints concerning the manner in which a mold assessment or mold remediation was conducted or concerning licensure of a mold assessor or mold remediator. Lastly, the bill specifies disciplinary actions for violations, including assessments by DHFS of costs of investigations, imposition of forfeitures, and cease and desist orders.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB312, s. 1 Section 1. 20.435 (1) (gm) of the statutes is amended to read:

AB312,2,11 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.24, 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f) and (8) (d), 250.04 (3m), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.24 (4) (a) 2. and (b) 2., (5) (a), and (11) (b), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) (b) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account.

AB312, s. 2 Section 2. 250.041 (1) (dm) of the statutes is created to read:

AB312,3,1 250.041 (1) (dm) A license under s. 254.24 (4) (a) or (b).

AB312, s. 3 Section 3. 254.115 (1) (bm) of the statutes is created to read:

AB312,3,3 254.115 (1) (bm) Licensure under s. 254.24 (4) (a) or (b).

AB312, s. 4 Section 4. 254.24 of the statutes is created to read:

AB312,3,6 254.24 Mold assessment and mold remediation. (1) Definitions. In this section:

AB312,3,8 (a) "Hyphae" means threadlike vegetative structures that make up the mycelium of a fungus.

AB312,3,10 (b) "Mold" means a saprophytic or parasitic spore-producing organism of the biological taxonomy kingdom Fungi, including spores, hyphae, and mycotoxins.

AB312,3,18 (c) "Mold assessment" means an inspection, investigation, or survey of a dwelling or other structure to determine and evaluate the presence, concentration, and identification of mold, and includes visual observation, the identification of all sources of moisture contributing to contamination, and the development of a mold management plan for the abatement and mitigation of mold. "Mold assessment" may include moisture-related measurements, surface sampling, air quality testing, air pressure and transport testing, home performance forensic testing, infrared imaging, and any associated laboratory analysis.

AB312,3,22 (d) "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment of mold or of a mold-contaminated structure that is in accordance with a mold management plan or remediation protocol, including activities to prevent mold or mold contaminated matter that was not intentionally grown.

AB312,3,24 (e) "Mycotoxin" means a substance, toxic to humans, that is produced by a fungus, especially a mold.

AB312,4,2 (f) "Spore" means a primitive, usually unicellular dormant or reproductive body produced by a fungus.

AB312,4,4 (2) Powers and duties of department. The department shall do all of the following:

AB312,4,5 (a) Promulgate rules that do all of the following:

AB312,4,7 1. Specify the scope and context of mold-related work for which a license under this section is required.

AB312,4,9 2. Specify educational or fitness requirements for licensure for performance of mold assessment and for licensure for performance of mold remediation.

AB312,4,11 3. Specify reasonable standards for continuing education requirements for licensed mold assessors and mold remediators.

AB312,4,13 4. Specify standards for licensed mold assessors and mold remediators in other states to practice as licensed mold assessors and mold remediators in this state.

AB312,4,15 5. Specify a code of professional conduct for performance of mold assessment and mold remediation.

AB312,4,18 6. Specify standards for conducting a mold assessment and mold remediation, inspecting a dwelling or other structure after completion of mold remediation, and verifying satisfactory mold remediation.

AB312,4,21 7. Specify qualification requirements and accreditation of trainers for licensure of mold assessors and mold remediators and for continuing education for licensed mold assessors and mold remediators.

AB312,4,24 8. Specify the conditions of a grace period between a mold assessor or mold remediator license number change and its required correction on any printed matter or marketing or advertising medium required under sub. (6).

AB312,5,2 9. Specify information that the holder of a mold assessor license must provide in a written report under sub. (6) (a) 3., including all of the following:

AB312,5,3 a. The nature and location of excess moisture accumulation or water intrusion.

AB312,5,4 b. The location and extent of any mold contamination.

AB312,5,6 c. Information with respect to the assessment site, including previous contamination.

AB312,5,7 d. Observations resulting from a visual assessment of the site.

AB312,5,8 e. Quality control and quality assurance procedures.

AB312,5,9 f. Results, in detail, of the mold assessment.

AB312,5,12 g. Recommendations for correcting excess moisture sources and related structural or mechanical problems, for thoroughly cleaning and removing mold growth and related contamination, and for addressing any other objectives.

AB312,5,14 10. Specify factors that the department shall consider in determining whether a forfeiture is to be imposed under sub. (11) (c) 1.

AB312,5,15 11. Define "good cause" for the purposes of sub. (11) (a) 6.

AB312,5,17 (b) Develop and administer an examination for the licensure of mold assessors and mold remediators.

AB312,5,19 (c) Issue, renew, and reinstate licenses for mold assessment and mold remediation, under the requirements of subs. (4) and (6).

AB312,5,21 (d) Maintain a publicly accessible registry of all licensed mold assessors and mold remediators and update the registry periodically.