AB312: Bill Text

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.

AB312,5,23 (e) Specify the length of time and the manner by which mold assessors and mold remediators shall retain records of mold assessment and mold remediation projects.

AB312,6,3 (f) Conduct a statewide education and outreach program regarding the health implications of mold growth in indoor environments, including methods to recognize, prevent, and mitigate mold occurrence.

AB312,6,5 (g) Conduct inspections periodically, as necessary to ensure compliance with this section.

AB312,6,8 (h) Periodically review continuing education programs for licensed mold assessors and mold remediators to ensure quality and equitable availability statewide.

AB312,6,14 (3) Mold assessor and mold remediator; license required. No person may perform a mold assessment or advertise or otherwise hold himself or herself out as a mold assessor, unless he or she has a license issued under sub. (4) (a), or a renewal of such a license. No person may perform mold remediation or advertise or otherwise hold himself or herself out as a mold remediator, unless he or she has a license issued under sub. (4) (b), or a renewal of such a license.

AB312,6,20 (4) Mold assessor or mold remediator; licensure. (a) Mold assessor. An applicant for licensure as a mold assessor shall be at least 18 years of age and be a U. S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Subject to sub. (11) (a) and (d), the department shall issue a biennial license, other than a license renewal, as a mold assessor to an applicant who does all of the following:

AB312,6,22 1. Submits an application for the license to the department on a form provided by the department.

AB312,6,23 2. Pays a fee of $53.

AB312,6,25 3. Submits evidence satisfactory to the department that at least one of the following applies:

AB312,7,2 a. The applicant has completed a course of study in mold assessment that is approved by the department.

AB312,7,4 b. The applicant has satisfied a qualification other than as specified under subd. 3. a., as determined by the department.

AB312,7,6 4. Submits evidence satisfactory to the department that all of the following apply:

AB312,7,7 a. The applicant has passed an examination that the department develops.

AB312,7,9 b. The applicant has insurance coverage for workers compensation, liability, and property damage, in types and amounts required by the department.

AB312,7,11 c. The applicant demonstrates financial responsibility, including an acceptable credit history and limits of bondability and credit, as determined by the department.

AB312,7,14 d. The applicant complies with the educational and fitness requirements for performance of mold assessment promulgated as rules by the department under sub. (2) (a) 2.

AB312,7,20 (b) Mold remediator. An applicant for licensure as a mold remediator shall be at least 18 years of age and be a U. S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Subject to sub. (11) (a) and (d), the department shall issue a biennial license, other than a license renewal, as a mold remediator to an applicant who does all of the following:

AB312,7,22 1. Submits an application for the license to the department on a form provided by the department.

AB312,7,23 2. Pays a fee of $53.

AB312,7,25 3. Submits evidence satisfactory to the department that all of the following apply:

AB312,8,2 a. The applicant has completed a course of study in mold remediation that is approved by the department.

AB312,8,4 b. The applicant has passed successful completion of an examination that the department develops.

AB312,8,6 c. The applicant has insurance coverage for worker's compensation, liability, and property damage, in types and amounts required by the department.

AB312,8,8 d. The applicant demonstrates financial responsibility, including an acceptable credit history and limits of bondability and credit, as determined by the department.

AB312,8,11 e. The applicant complies with the educational and fitness requirements for performance of mold remediation promulgated as rules by the department under sub. (2) (a) 2.

AB312,8,16 (5) License amendment, renewal, and expiration. (a) A licensed mold assessor or mold remediator shall file an amendment to his or her licensure within 20 days after any change occurs in the information required under sub. (4) (a) or (b), as applicable. The department may not require a fee for the filing of a license amendment under this paragraph.

AB312,8,24 (b) 1. The department shall give a notice of renewal to each holder of a license under this section at least 30 days prior to the renewal date of the license. Notice may be mailed to the last address provided to the department by the licensee or may be given by electronic transmission. Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against the holder or in any proceeding against the holder for practicing without a license. Failure to receive a notice of renewal does not relieve the holder from the obligation to pay a penalty for late renewal under subd. 5.

AB312,9,4 2. An application for renewal of a mold assessor license or a mold remediator license shall be submitted to the department on a form provided by the department on or before January 1 of each even-numbered year and shall include a renewal fee of $53.

AB312,9,9 3. Except as provided in subd. 4., the department may not renew a mold assessor or mold remediator license unless the applicant certifies that he or she has completed, during the preceding 2-year licensure period, at least 24 hours of continuing education programs or courses that meet standards promulgated as rules by the department under sub. (2) (a) 3.

AB312,9,11 4. Subdivision 3. does not apply to an applicant who applies to renew a license that expires on the first expiration date after initial issuance of the license.

AB312,9,16 5. If the department does not receive an application to renew a mold assessor or mold remediator license before the renewal date specified in subd. 2., the applicant for renewal may restore the license by complying with the requirements of this paragraph within 30 days after the renewal date specified in subd. 1. and paying a late renewal fee of $100.

AB312,9,18 (c) A mold assessor license or a mold remediator license that is not timely renewed under par. (b) is expired.

AB312,9,21 (6) Requirements for performance of mold assessment or mold remediation. (a) A holder of a mold assessor license shall, in the performance of mold assessment, do all of the following:

AB312,9,25 1. Affix his or her signature and mold assessor license number to each document that is prepared or approved for use by the holder of the mold assessor license in connection with a mold assessment project and to each offer, bid, or contract submitted to a mold assessment client or potential client.

AB312,10,3 2. Except during a grace period as provided in rules promulgated by the department, ensure that his or her mold assessor license number is included in any marketing or advertising medium for his or her mold assessment services.

AB312,10,6 3. If performing mold assessment services for compensation, provide to each person for whom the services are performed a written report that satisfies requirements promulgated by the department by rule.

AB312,10,8 (b) A holder of a mold assessor license may not be required to provide an estimate related to the cost of repair of an assessed property.

AB312,10,10 (c) A holder of a mold remediator license shall, in the performance of mold remediation, do all of the following:

AB312,10,14 1. Affix his or her signature and mold remediator license number to each document that is prepared or approved for use by the holder of the mold remediator license in connection with a mold remediation project and to each offer, bid, or contract submitted to a mold remediation client or potential client.

AB312,10,17 2. Except during a grace period as provided in rules promulgated by the department, ensure that his or her mold remediator license number is included in any marketing or advertising medium for his or her mold remediation services.

AB312,10,19 3. Provide a written report of any mold remediation performed to each person for which he or she performs mold remediation.

AB312,10,20 (7) Inapplicability. This section does not apply to any of the following:

AB312,10,21 (a) Routine cleaning that is not conducted for purposes of mold remediation.

AB312,11,2 (b) Mold assessment or mold remediation activities performed by an owner of residential property on his or her residence or by maintenance staff for a property who are operating at the direction of the property owner or of the board of directors of a corporation that controls the property. In this paragraph, "maintenance staff" are permanent full-time or part-time staff who were not hired specifically for the treatment of mold.

AB312,11,4 (c) Mold remediation activities performed by a tenant on rental property that is the tenant's residence.

AB312,11,7 (8) Annual report. Beginning January 1, 2011, and annually by January 1 thereafter, the department shall provide to the legislature under s. 13.172 (3) and to the governor a report that specifies all of the following:

AB312,11,9 (a) The number of individuals currently licensed by the department under this section.

AB312,11,12 (b) Measures taken by the department to disseminate information about holders of licenses as mold assessors or mold remediators so as to better protect the public.

AB312,11,15 (c) Any mold assessment and mold remediation education and research conducted in the previous year and any proposed to be conducted by the department in the ensuing fiscal year.

AB312,11,17 (9) Prohibited acts. (a) No licensed mold assessor or employer or contractor of a mold assessor may do any of the following:

AB312,11,19 1. Perform or offer to perform a mold assessment that is not in compliance with the requirements of this section or of rules promulgated under this section.

AB312,11,23 2. Perform or offer to perform mold remediation to a structure on which the licensed mold assessor or employer or contractor of the mold assessor provided a mold assessment within the previous 12 months, unless the projected mold remediation costs are less than $5,000.

AB312,12,3 3. Inspect for a fee any property in which the licensed mold assessor or any entity that employs the licensed mold assessor, or with which the licensed mold assessor contracts has a financial interest.

AB312,12,7 4. Accept any compensation, inducement, or reward from a licensed mold remediator or any entity that employs a licensed mold remediator or with which a licensed mold remediator contracts, for the referral of any business to the mold remediator or the entity.

AB312,12,11 5. Offer any compensation, inducement, or reward to a licensed mold remediator or any entity that employs a licensed mold remediator or with which a licensed mold remediator contracts, for the referral of any business from the mold remediator or the entity.

AB312,12,14 6. Accept an engagement to conduct a mold assessment under which the mold assessment itself, or the fee payable for the mold assessment, is contingent upon the conclusions of the mold assessment.

AB312,12,16 (b) No licensed mold remediator or employer or contractor of a mold remediator may do any of the following:

AB312,12,18 1. Perform or offer to perform mold remediation that is not in compliance with this section or with rules promulgated under this section.

AB312,12,22 2. Perform or offer to perform mold assessment to a structure on which the licensed mold remediator or employer or contractor of the mold remediator provided mold remediation within the previous 12 months, unless the projected mold assessment costs are less than $1,000.

AB312,12,25 3. Perform mold remediation for a fee on a property in which the licensed mold remediator or the entity that employs the licensed mold remediator or with which the licensed mold remediator contracts has a financial interest.

AB312,13,4 4. Accept any compensation, inducement, or reward from a licensed mold assessor or an entity that employs a licensed mold assessor or with which a licensed mold assessor contracts, for the referral of any business from the mold assessor or the entity.

AB312,13,7 5. Offer any compensation, inducement, or reward to a licensed mold assessor or an entity that employs a licensed mold assessor with which a licensed mold assessor contracts, for the referral of any business to the mold assessor or the entity.

AB312,13,10 6. Perform mold remediation without having reviewed a written report that is issued by a licensed mold assessor for the property for which mold remediation is intended to be performed.

AB312,13,13 (c) 1. No person, as specified in sub. (5) (c), whose license as a mold assessor has expired may perform a mold assessment activity that requires licensure under this section.

AB312,13,16 2. No person, as specified in sub. (5) (c), whose license as a mold remediator has expired may perform a mold remediation activity that requires licensure under this section.

AB312,13,18 (10) Investigations. (a) The department shall conduct an investigation of a person or circumstance if any of the following applies:

AB312,13,19 1. The department receives a complaint related to any of the following:

AB312,13,20 a. The manner in which a mold assessment or mold remediation was conducted.

AB312,13,21 b. The licensure of a mold assessor or mold remediator.

AB312,13,24 (b) A person who is the subject of an investigation under this subsection shall cooperate in the investigation, including providing assistance or relevant information requested.

AB312,14,3 (11) Discipline. (a) The department may limit, suspend, revoke, or refuse to issue or renew a license issued under this section if it finds that the applicant or licensee has done any of the following:

AB312,14,6 1. Made any false statement or given any false information in connection with an application for a license or for renewal or reinstatement of a license or received a license through error.

AB312,14,9 2. Violated this section, rules promulgated under this section, or a federal statute or regulation that relates to the practice of mold assessment or mold remediation, as applicable.