The purpose and effect of the proposed rules is to implement the new regulation for Mold Related Services, enacted in Chapter 468, F.S.  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    RULE NOS.:RULE TITLES:

    61-31.701Minimum Standards and Practices for Mold Assessors

    61-31.702Minimum Standards and Practices for Mold Remediators

    PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to implement the new regulation for Mold Related Services, enacted in Chapter 468, F.S.

    SUMMARY: The subject area to be addressed in this rule is the regulatory scope of the Mold Related Services Licensing Program.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 468.842, 468.8424 FS.

    LAW IMPLEMENTED: 468.842 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850)922-0336

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    61-31.701 Minimum Standards and Practices for Mold Assessors.

    These general standards and practices are minimum requirements and do not constitute complete or sufficient specifications for mold assessment in all cases. More detailed requirements developed by a Florida licensed mold assessor for a particular mold assessment project may be required and shall take precedence over the provisions of this section.

    (1) The purpose of a mold assessment is to determine the sources, locations, and extent of mold growth in a building and to determine the condition(s) that caused the mold growth.

    (2) If a mold assessor determines that personal protective equipment (PPE) should be used during a mold assessment project, the assessor shall ensure that all individuals who engage in mold assessment activities and who will be, or are anticipated to be, exposed to mold shall be trained on the appropriate use and care of the specified PPE in accordance with all applicable OSHA regulations. If it is determined that respiratory protection is required, disposable respirators (e.g. N-95) are considered the minimum level of protection for mold assessment activities.

    (3) A visual inspection to identify the presence of visible mold and/or excessive, unplanned moisture intrusion (past and present).

    (a) A visual inspection should include all surfaces inside the building, hidden areas where moisture sources may be present, such as but not limited to, crawl spaces, attics, and behind vinyl wallpaper, baseboards, carpets, and wallboard wherever possible.

    (b) Specific indicators to note during the visual assessment include, but are not limited to the following:

    1. Suspect mold growth;

    2. Musty odor;

    3. Moisture damage; and

    4. Damp building materials and/or conditions.

    (c) Personal protective equipment such as gloves and respiratory protection (e.g. N-95) should be used if a visual inspection might disturb mold. Efforts should be made to minimize the generation and migration of any dust and mold.

    (d) If visible mold is observed during the visual inspection, or if physical or visible indications (e.g., moisture, staining) suggest mold may be present in areas inaccessible at the time of the initial visual assessment (“hidden mold”), the mold assessor should determine whether additional assessment actions are appropriate.

    (e) If visible mold growth is present mold sampling is unnecessary in most cases.

    (f) If mold sampling is performed, it should be in accordance with a project-specific designed mold sampling protocol, methods and results interpretation criteria.

    (4) Sampling and Data Collection. If mold samples for laboratory analysis are collected during the assessment:

    (a) Sampling must be performed following the recommendations of the Occupational Safety and Health Administration (OSHA) published March 16, 2010 and found online at http://www.osha.gov/.

    (b) Preservation methods shall be implemented for all samples where necessary;

    (c) Proper sample documentation, including the sampling method, the sample identification code, each location and material sampled, the date collected, the name of the person who collected the samples, and the project name or number must be recorded for each sample;

    (d) Proper chain of custody procedures must be used; and

    (e) Mold sample analysis should be performed by laboratories participating/accredited in the Environmental Microbiology Laboratory Accreditation Program (EMLAP) and follow analytical methods recommended by the American Industrial Hygiene Association (AIHA).

    (5) An assessor shall prepare a Mold Assessment Report (MAR), to include a Mold Remediation Protocol (MRP), that is specific to each remediation project and provide the MRP to the client before the remediation begins. The MRP must specify:

    (a) The rooms or areas where the work will be performed;

    (b) The estimated quantities of materials to be cleaned or removed;

    (c) The methods to be used for each type of remediation in each type of area;

    (d) The PPE to be used by remediators. A minimum of an N-95 respirator is required during mold-related activities when mold growth could or would be disturbed. Using professional judgment, a consultant may specify additional or more protective PPE if warranted;

    (e) The suggested types of containment to be used during the project on each type of mold in particular areas; and

    (f) The proposed post-verification procedures and criteria for each type of remediation in each area.

    (6) Containment must be specified in a mold remediation protocol when the mold contamination affects a total surface area of 10 contiguous square feet or more for the project. Containment is not required if only persons who are licensed or registered under this subchapter occupy the building in which the remediation takes place at any time during the project unless cross contamination is a concern. The containment specified in the remediation protocol must prevent the spread of mold to areas of the building outside the containment under normal conditions of use. If walk-in containment is used, supply and return air vents must be blocked, and air pressure within the walk-in containment must be lower than the pressure in building areas adjacent to the containment.

    (7) An assessor who suggests in a MRP the use of a disinfectant, biocide, or antimicrobial coating for a mold remediation project shall indicate a specific product or brand only if it is registered by the United States Environmental Protection Agency (EPA) for the intended use and if the use is consistent with the manufacturer's labeling instructions. If such products are used the assessor must inform the client and the building occupants of the use of such products before remediation begins due to the potential for occupant sensitivities and possible adverse reactions.

    (8) Post-Verification Procedures and Criteria. In the MRP for the project, the assessor shall specify:

    (a) The method by which the remediation is deemed complete and adequate;

    (b) The criteria to be used for evaluating analytical results to determine whether the remediation project passes post-remediation verification;

    (c) The post-verification shall be conducted while walk-in containment is in place, if walk-in containment is specified for the project.

    Rulemaking Authority 468.8424 FS. Law Implemented 468.8424,468.842(1)(j) FS. History–New__________.

     

    61-31.702 Minimum Standards and Practices for Mold Remediators.

    These general standards and practices are minimum requirements and do not constitute complete or sufficient specifications for mold remediation in all cases. More detailed remediation requirements developed by a Florida Licensed Mold Remediator (hereafter referred to as “Remediator”) for a particular mold remediation project may be required and may take precedence over the provisions of this section.

    (1) The purpose of mold remediation is to remove and/or clean mold-impacted materials utilizing standards and safe work practices that protect the occupants and the building itself by controlling the dispersion of mold from the remediation area as well as protect remediation workers from exposures to mold. These minimum standards and practices are based on principles used to remediate common indoor environmental hazards. These minimum standards and practices are not intended for use in critical care facilities such as intensive care facilities, transplant units, or surgical suites.

    (2) Other Regulations/Hazard Considerations. Prior to any mold remediation, consideration must be given to the potential presence of other environmental general regulations and recognized hazards, including but not limited to: Asbestos, Lead-based Paint, Industrial Hygiene/Chemical Exposure, Emergency Action/Fire Prevention, Personal Protective Equipment (PPE), Respiratory Protection, Hazard Communication/Right-To-Know, Heat Effects/Disorders, Bloodborne Pathogens, Confined Spaces, Lockout/Tagout, Electrical Safety, Slip, Trip and Fall Protection, Noise Exposure, Scaffolding, Waste Disposal, Project Documentation/Recordkeeping, and OSHA General Duty Clause.

    (3) Mold Remediation Work Plan (MRWP). The remediator shall prepare a written MRWP consistent with the Mold Remediation Protocol (MRP) created by the assessor, that is site specific for each project, fulfills the Florida minimum standards and practices mold remediation requirements, and provides specific instructions and/or standard operating procedures for how the mold remediation project will be performed. A MRWP should include a method to find and stop the source of moisture intrusion and/or humidity within the building (which may require an appropriate building moisture expert, plumber, roofer, air conditioning/mechanical contractor and/or drying contractor/tradesperson to identify and repair the moisture intrusion problem). The MRWP should also outline steps to physically remove the mold while protecting the health and safety of the building occupants and remediation workers. The following conditions shall be evaluated in preparing the MRWP:

    (a) If a mold assessment report (MAR) has not been performed, and the project qualifies as a regulated mold project, evaluate the need for a mold assessment based upon current site specific conditions.

    (b) Request and review all (if available) mold assessment report(s).

    (c) Assess/confirm the MAR information is representative of the size and/or moisture intrusion problems based upon current site specific conditions.

    (d) Determine if current site specific conditions require updating of the MAR and/or MRP, to include additional remediation worker training and/or unique/special hazard communication requirements.

    (e) The procedures to be used in determining whether the underlying cause of the mold identified for the project has been remediated so that it is reasonably certain that the mold will not return from that same cause.

    (f) If the remediator determines the MAR and/or the MRP is incomplete or inadequate, the remediator should seek clarification from a Florida-licensed mold assessor.

    (g) A mold remediator shall inform the client and building occupants (or the remediator shall inform the client who will then inform the building occupants) of mold-related activities that will disturb or will have the potential to disturb areas of mold contamination before remediation begins. The need to temporarily re-locate building occupants during the remediation process must be determined prior to onset of remediation tasks.

    (h) The highest priority of the remediation plan must be to protect the health and safety of the building occupants and remediators.

    (i) Whenever possible, remediation activities should be scheduled during off-hours when building occupants are less likely to be affected.

    (j) Establish a project schedule with a milestone time-line as needed.

    (k) Determine if building contents are to be relocated and/or protected in-place.

    (l) Evaluate HVAC system operations, on/off impacts, and/or isolation requirements.

    (m) Determine requirements for building containment area(s) and/or isolation requirements.

    (n) Identify various mold remediation/cleaning methods, equipment, and techniques consistent with the MRP.

    (o) Determine remediation worker personal protective equipment (PPE) requirements.

    (p) The performance of post-verification by an independent Florida-licensed mold assessor.

    (4) Whenever possible, the moisture intrusion and/or humidity problem should be resolved prior to performing remediation. The amount of visible mold impact dictates the level of PPE protection for the remediation workers and the containment requirements to protect building occupants. Depending on actual site specific conditions, the remediator may be required to use their professional judgment/experience as well as consultation from a Florida-licensed mold assessor to adapt these guidelines to various site specific conditions. In addition, prior to initiating remediation activities, special attention must be given to the building HVAC system(s). A person who performs mold remediation as defined in this part on HVAC/ventilation systems must be licensed under section 489.105, F.S.

    (5) HVAC System(s). Prior to performing remediation activities, the mold remediator should determine whether or not the building HVAC system(s) should be shutdown and/or isolated/sealed-off from the remediation work area(s). The mold remediator may need to consider temporary cooling and/or humidity control depending on climatic conditions.

    (6) Containment. The primary purpose of containment during remediation is to control/limit the dispersion of mold during remediation activities thereby limiting exposure to building occupants and remediation workers.

    (a) Limited Containment is recommended for areas between 10 and 100 ft2 of contiguous visible surface area mold contamination and should be constructed as follows:

    1. Prepare the containment area by protecting environmental surfaces/contents with a single layer of 6-mil fire retardant polythylene sheeting and/or enclosing the remediation area with the layer of 6-mil, fire-retardant polyethylene sheeting on the walls and floors,

    2. If remediation activities involve and/or expose a space above the ceiling used as a return air plenum (i.e. mold impacted ceiling tile removal), the containment area should be installed from the floor to the roof deck accordingly,

    3. When using a remediation work area enclosure, install an entry/egress slit opening with a cover flap on the outside of the containment area,

    4. Shutdown and/or isolate HVAC system(s) operation within the containment area,

    5. When using a remediation work area enclosure, seal all HVAC supply and return air vents, exhaust systems, doorways, chases and risers within the containment area with a single layer of 6-mil fire-retardant polythylene sheeting, and

    6. Maintain containment area under negative pressure (i.e. recommended 0.02” H2O) relative to the surrounding area outside containment. This can be accomplished with a HEPA-filtered air filtration device (AFD) as a negative air machine (NAM). General industrial hygiene practices recommend a minimum of four (4) air changes per hour for containment ventilation and dilution. Note: utilizing negative-pressure differentials within building structures can create unintended airflow hazards in both hot/humid and cold climate conditions, therefore the remediator should exercise caution in an effort to prevent/minimize these unintended airflow hazards.

    (b) Full Containment is recommended for areas greater than 100 ft2 of contiguous visible surface area mold contamination and should be constructed as follows:

    1. Form the containment area by enclosing the remediation area with a double layer of 6-mil, fire-retardant polyethylene sheeting on the walls and floors.

    2. If remediation activities involve and/or expose a space above the ceiling used as a return air plenum (i.e. mold impacted ceiling tile removal), the containment area should be installed from the floor to the roof deck accordingly.

    3. Construct a decon chamber (i.e., with dirty and clean side airlock rooms) for entry and egress.

    4. Decon chamber entryways (i.e. remediation area and clean room side) should consist of a slit entry with covering flaps on the outside surface of each slit entry.

    5. The decon chamber dirty room side should be large enough to hold a waste container and allow for the removal of protective clothing (i.e. disposal coveralls, gloves, head and foot coverings). All PPE except respirators should be removed and placed in the waste container while in this chamber.

    6. The decon chamber clean room side should be large enough to allow remediation workers to put on and remove PPE as they enter and exit the dirty room.

    7. Shutdown and/or isolate HVAC system(s) operation within the containment area.

    8. Cover with a single layer of 6-mil fire-retardant polyethylene sheeting all HVAC supply and return air vents, exhaust systems, doorways, chases and risers within the containment area.

    9. Maintain the containment area under negative pressure (i.e., recommended 0.02” H2O) relative to surrounding area outside containment. This can be accomplished with a HEPA-filtered air filtration device (AFD) as a negative air machine (NAM). General industrial hygiene practices recommend a minimum of four (4) air changes per hour for containment ventilation and dilution. Note, utilizing negative-pressure differentials within building structures can create unintended airflow hazards in both hot/humid and cold climate conditions, therefore the Remediator should exercise caution in an effort to prevent/minimize these unintended airflow hazards.

    (c) Notice Signs. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas. The signs shall be at least eight (8) inches by ten (10) inches in size and shall bear the words “NOTICE: Mold remediation project in progress” in black on a yellow background. The text of the signs must be legible from a distance of ten (10) feet.

    (7) Water Damage Cleanup. The following general guidelines and strategies are provided in an effort to address water impacted/damaged building materials within 24-48 hours of an occurrence, in an effort to prevent mold growth and avoid the need for remediation.

    (a) Even if materials are dried within 48 hours, mold growth may have occurred. These guidelines are for damage caused by clean water. If you know or suspect that the water source is contaminated with sewage, or chemical or biological pollutants, then Personal Protective Equipment and containment are required by OSHA. An experienced professional should be consulted if you and/or your remediators do not have expertise remediating in contaminated water situations. If mold growth is found on the materials listed in the table in subsection 12, refer to the table in subsection 13 for guidance on remediation.

    (8) The remediator must consider possible additional site-specific conditions during the final selection of appropriate remediation procedures. Remediation procedures should be determined based upon the uniqueness of the project and the likelihood of cross-contamination and the opportunity of affecting occupants.

    (a) Level I - Remediation Area - (10 contiguous square feet or less) DOES NOT CONSTITUTE A REGULATED MOLD PROJECT

    (b) Level II - Remediation Area (Between 10 and 100 contiguous square feet)

    1. The work area should be unoccupied. Removing people from areas adjacent to the work area is not necessary, but is recommended for infants (<12 months), persons recovering from recent surgery, immune-suppressed, or people with respiratory diseases.

    2. Respiratory protection (for example, N-95 disposable respirator) is required. Respirators must be used in accordance with the OSHA respiratory protection standard). Gloves and eye protection are also required to be worn.

    3. Limited containment of the work area is required. Surfaces within containment that could become contaminated should be covered with 6-mil, fire-retardant polyethylene sheeting before remediation to contain dust/debris and prevent further contamination.

    4. Cover with a single layer of 6-mil fire retardant polythylene sheeting, ventilation ducts/grills within the containment area with 6-mil, fire-retardant polyethylene sheeting before remediation to contain dust/debris and prevent further contamination. Note: In order to properly cover HVAC system ducts/grills, the HVAC system(s) that services the containment area may need to be turned off during remediation and thus supplemental humidity control may also be required.

    5. Remediation practices that create excessive dust such as cutting, grinding and/or resurfacing of materials require the use of wet methods and/or High-Efficiency particulate Air (HEPA) vacuum-shrouded tools; or using HEPA vacuum equipment at the point of dust generation.

    6. Mold contaminated materials that can not be cleaned in-place should be removed from the building in sealed impermeable plastic bags and/or wrapped in 6-mil, fire-retardant polyethylene sheeting for either disposal or off-site cleaning.

    7. Upon completing remediation activities, the work area and access/egress should be HEPA vacuumed and then cleaned with a damp cloth (or mop) and a detergent. There are no special requirements for disposal of mold impacted materials.

    8. Surface covers should be placed in sealed impermeable plastic bags and removed from the building for disposal. There are no special requirements for disposal of mold impacted materials.

    9. All areas and surfaces should be left dry and visibly free of contamination and debris.

    (c) Level III - Remediation Area (greater than 100 contiguous square feet)

    1. The work area must be unoccupied. Removing people from areas adjacent to the work area is not necessary, but is recommended for infants (<12 months), persons recovering from recent surgery, immune-suppressed, or people with respiratory diseases.

    2. Respiratory protection; it is recommended that full-face respirators with HEPA cartridges be used; however, a minimum of half-face elastomeric respirators with HEPA cartridges is required. Respirators must be used in accordance with the OSHA respiratory protection standard. Gloves and eye protection are also required. In addition, full body coveralls with head and foot coverings are required.

    3. Full containment of the work area is required. Surfaces within containment that could become contaminated should be covered with 6-mil, fire-retardant polyethylene sheeting before remediation to contain dust/debris and prevent further contamination.

    4. Cover with a single layer of 6-mil fire retardant polythylene sheeting, ventilation ducts/grills within the containment area with 6-mil, fire-retardant polyethylene sheeting before remediation to contain dust/debris and prevent further contamination. Note: In order to properly cover HVAC system ducts/grills, the HVAC system(s) that services the containment area may need to be turned off during remediation and thus supplemental humidity control may also be required.

    5. Remediation practices that create excessive dust such as cutting, grinding and/or resurfacing of materials require the use of wet methods and/or High-Efficiency particulate Air (HEPA) vacuum-shrouded tools; or the use of HEPA vacuum equipment at the point of dust generation.

    6. Mold contaminated materials that cannot be cleaned in-place should be removed from the building in sealed impermeable plastic bags and/or wrapped in 6-mil, fire-retardant polyethylene sheeting for either disposal or off-site cleaning.

    7. Upon completing remediation activities, the work area and access/egress should be HEPA vacuumed and then cleaned with a damp cloth (or mop) and a detergent. There are no special requirements for disposal of mold impacted materials.

    8. Polythylene sheeting used for containments or as protective covers should be placed in sealed impermeable plastic bags and removed from the building for disposal. There are no special requirements for disposal of mold impacted materials.

    9. All areas and surfaces should be left dry and visibly free of contamination and debris.

    (9) Cleanup Methods

    (a) Method 1: Wet vacuum (in the case of porous materials, some mold spores/fragments will remain in the material but will not grow if the material is completely dried). Steam cleaning may be an alternative for carpets and some upholstered furniture.

    (b) Method 2: Damp-wipe surfaces with plain water or with water and detergent solution (except wood —use wood floor cleaner); scrub as needed.

    (c) Method 3: High-efficiency particulate air (HEPA) vacuum after the material has been thoroughly dried. Dispose of the contents of the HEPA vacuum in well-sealed plastic bags.

    (d) Method 4: Discard - remove water-damaged materials and seal in plastic bags while inside of containment, if present. Dispose of as normal waste. HEPA vacuum area after it is dried.

    (10) Personal Protective Equipment (PPE) Requirements

    (a) Minimum: Gloves, N-95 respirator, goggles/eye protection;

    (b) Limited: Gloves, N-95 respirator or half-face respirator with HEPA filter, disposable overalls, goggles/eye protection;

    (c) Full: Gloves, disposable full body clothing, head gear, foot coverings, full-face respirator with HEPA filter.

    (11) Containment Requirements

    (a) Limited: Use polyethylene sheeting ceiling to floor around affected area with a slit entry and covering flap; maintain area under negative pressure with HEPA filtered fan unit. Block supply and return air vents within containment area.

    (b) Full: Use a single layer of fire-retardant polyethylene sheeting with one airlock chamber. Maintain area under negative pressure with HEPA filtered fan exhaust outside of building. Block supply and return air vents within containment area.

    (12) The following guidelines should be followed for cleanup and mold prevention:

    Water Damage – Cleanup and Mold Prevention

    Guidelines for Response to Clean Water Damage within 24-48 Hours to Prevent Mold Growth*

    Water-Damaged Material†

    Actions

    Books and papers

    For non-valuable items, discard books and papers.

    Photocopy valuable/important items, discard originals.

    Freeze (in frost-free freezer or meat locker) or freeze-dry.

    Carpet and backing - dry within 24-48 hours

    Remove water with water extraction vacuum.

    Reduce ambient humidity levels with dehumidifier.

    Accelerate drying process with fans.

    Ceiling tiles

    Discard and replace.

    Cellulose insulation

    Discard and replace.

    Concrete or cinder block surfaces

    Remove water with water extraction vacuum.

    Accelerate drying process with dehumidifiers, fans, and/or heaters.

    Fiberglass insulation

    Discard and replace.

    Hard surface, porous flooring (Linoleum, ceramic tile, vinyl)

    Vacuum or damp wipe with water and mild detergent and allow to dry; scrub if necessary.

    Check to make sure underflooring is dry; dry underflooring if necessary.

    Non-porous, hard surfaces

    (Plastics, metals)

    Vacuum or damp wipe with water and mild detergent and allow to dry; scrub if necessary.

    Upholstered furniture

    Remove water with water extraction vacuum.

    Accelerate drying process with dehumidifiers, fans, and/or heaters.

    May be difficult to completely dry within 48 hours. If the piece is valuable, you may wish to consult a restoration/water damage professional who specializes in furniture.

    Wallboard

    (Drywall and gypsum board)

    May be dried in place if there is no obvious swelling and the seams are intact. If not, remove, discard, and replace.

    Ventilate the wall cavity, if possible.

    Window drapes

    Follow laundering or cleaning instructions recommended by the manufacturer.

    Wood surfaces

    Remove moisture immediately and use dehumidifiers, gentle heat, and fans for drying.

    (Use caution when applying heat to hardwood floors.)

    Treated or finished wood surfaces may be cleaned with mild detergent and clean water and allowed to dry.

    Wet paneling should be pried away from wall for drying.

     

    (13) If you know or suspect that the water source is contaminated with sewage, or chemical or biological pollutants, then it requires PPE and containment.

    The following are guidelines for remediating building materials with mold growth:

     

    Table 2

    Guidelines for Remediating Building Materials with Mold Growth Caused by Clean Water*

    Material or Furnishing Affected

    Cleanup Methods†

    Personal Protective Equipment

    Containment

    SMALL - Total Surface Area Affected Less Than 10 square feet (ft2)

    Books and papers

    3

    Minimum

    N-95 respirator, gloves, and goggles

    None required

    Carpet and backing

    1, 3

    Concrete or cinder block

    1, 3

    Hard surface, porous flooring (linoleum, ceramic tile, vinyl)

    1, 2, 3

    Non-porous, hard surfaces (plastics, metals)

    1, 2, 3

    Upholstered furniture & drapes

    1, 3

    Wallboard (drywall and gypsum board)

    3

    Wood surfaces

    1, 2, 3

    MEDIUM Total Surface Area Affected Between 10 and 100 (ft2)

    Books and papers

    3

    Limited or Full

    Use professional judgment, consider potential for remediator exposure and size of contaminated area

    Limited

    Use professional judgment, consider potential for remediator/occupant exposure and size of contaminated area

    Carpet and backing

    1, 3, 4

    Concrete or cinder block

    1, 3

    Hard surface, porous flooring (linoleum, ceramic tile, vinyl)

    1, 2, 3

    Non-porous, hard surfaces (plastics, metals)

    1, 2, 3

    Upholstered furniture & drapes

    1, 3, 4

    Wallboard (drywall and gypsum board)

    3, 4

    Wood surfaces

    1, 2, 3

    LARGE - Total Surface Area Affected Greater Than 100 (ft2) or Potential for Increased Occupant or Remediator Exposure During Remediation Estimated to be Significant

    Books and papers

    3

    Full

    Use professional judgment, consider potential for remediator/occupant exposure and size of contaminated area

    Full

    Use professional judgment, consider potential for remediator exposure and size of contaminated area

    Carpet and backing

    1, 3, 4

    Concrete or cinder block

    1, 3

    Hard surface, porous flooring (linoleum, ceramic tile, vinyl)

    1, 2, 3, 4

    Non-porous, hard surfaces (plastics, metals)

    1, 2, 3

    Upholstered furniture & drapes

    1, 2, 4

    Wallboard (drywall and gypsum board)

    3, 4

    Wood surfaces

    1, 2, 3, 4

    Cleanup Methods Key

    Method 1: Wet vacuum (in the case of porous materials, some mold spores/fragments will remain in the material but will not grow if the material is completely dried). Steam cleaning may be an alternative for carpets and some upholstered furniture.

    Method 2: Damp-wipe surfaces with water and detergent solution (except wood use wood floor cleaner); scrub as needed.

    Method 3: High-efficiency particulate air (HEPA) vacuum after the material has been thoroughly dried. Dispose of the contents of the HEPA vacuum in well-sealed plastic bags.

    Method 4: Discard - remove water-damaged materials and seal in plastic bags while inside of containment, if present. Dispose of as normal waste. HEPA vacuum area after it is dried.

     

    (13) Post-Verification performed by a Florida-licensed mold assessor is required for all Level II and III projects. On-going remediation evaluations to ensure the quality and effectiveness of the remediation activities being performed in accordance with the MRWP should be done during as well as after completing the remediation. Initial post-verification should be conducted by the remediator to evaluate whether or not remediation has been successfully completed in accordance with the MRWP and to determine if it is ready for final post-verification by the Florida-licensed mold assessor. The initial evaluation involves implementing and documenting internal quality assurance and quality control procedures that begin with, but are not limited to, the following general criteria:

    (a) If a walk-in limited and/or full containment system was used during remediation, the post remediation evaluation must be conducted while the containment system is in place.

    (b) Where visual evidence reveals deficiencies sufficient to fail the evaluation, analytical methods need not be used.

    (c) The underlying moisture problem was identified and eliminated.

    (d) Isolation of the work area was appropriate and effective.

    (e) Mold removal and remediation/cleanup was performed according to the MRWP.

    (f) Any additional moisture or mold damage/impacts discovered during remediation were properly addressed/resolved.

    (g) Upon completion of remediation, surfaces are free from visible dust and debris.

    (h) Upon completion of remediation, building materials/contents are dry and do not have elevated moisture content or malodors.

    (i) Provide corrective measures as necessary to correct identified deficiencies.

    (14) Post-verification performed by a Florida-licensed mold assessor is required for all Level II & III remediation projects. If a walk-in limited and/or full containment system was used during remediation, the post remediation verification must be conducted while the containment system is in place. Where visual evidence reveals deficiencies sufficient to fail the verification, analytical methods need not be used.

    (a) The criteria and process used in the post-verification must be documented in writing in the MRP and approved by the assessor and building owner prior to performing the remediation.

    (b) Provide written documentation confirming success or failure of the post-verification. If the post-verification results indicate failure of the site specific remediation plan criteria, the Florida-licensed mold assessor will provide to the building owner and/or responsible party, a written report identifying the deficiencies noted during the evaluation.

    (15) Restoring Remediated Areas. Upon successfully completing the post-verification process (as needed), the building owner may have the remediator replace the building materials/contents that were removed.

    (16) Final Remediation Project Documentation. After successfully achieving post-verification, it is recommended that the remediator take appropriate action to close the project, complete/finalize all paperwork and documentation/photographs. A written final remediation project report must be provided to the building owner and/or responsible party from the remediator which will include, but is not limited to the following:

    (a) Certificate of completion clearly stating the remediation has been successfully completed;

    (b) Documentation of the post-evaluation performed by the remediator;

    (c) Documentation of the post-verification performed by an independent Florida-licensed mold assessor;

    (d) Present post-verification results to the building owner and/or responsible party.

    Rulemaking Authority 468.8424 FS. Law Implemented 468.8424, 468.842(1)(j) FS. History–New_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850)922-0336

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2013

Document Information

Comments Open:
10/14/2013
Summary:
The subject area to be addressed in this rule is the regulatory scope of the Mold Related Services Licensing Program.
Purpose:
The purpose and effect of the proposed rules is to implement the new regulation for Mold Related Services, enacted in Chapter 468, F.S.
Rulemaking Authority:
468.842, 468.8424 Florida Statutes.
Law:
468.842, Florida Statutes
Contact:
Richard Morrison, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850) 922-0336.
Related Rules: (2)
61-31.701. Minimum Standards and Practices for Mold Assessors
61-31.702. Minimum Standards and Practices for Mold Remediators