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                                     Draft Texas Mold Rules

§295.301. General Provisions.

        (a) Purpose. The purpose of this subchapter is to establish the means of control and
minimization of public exposure to mold (living or dead) by regulating mold-related activities
that affect indoor air, particularly mold assessments and mold remediations in buildings.

       (b) Scope.

              (1) This subchapter applies only to the regulation of mold-related activities that
affect indoor air quality, including a mold-related activity performed by a third party for
compensation at a property owned or operated by a governmental entity.

               (2) This subchapter does not apply to:

                     (A) the following activities when not conducted for the purpose of mold
assessment or mold remediation:

                               (i) routine cleaning;

                                (ii)the diagnosis, repair, cleaning, or replacement of plumbing,
heating, ventilation, air conditioning, electrical, or air duct systems or appliances;

                               (iii) commercial or residential real estate inspections; and

                            (iv) the incidental discovery or emergency containment of potential
mold contamination during the conduct or performance of services listed in this paragraph;

                       (B) the repair, replacement, or cleaning of construction materials during
the building phase of the construction of a structure;

                     (C) the standard performance of custodial activities for, preventive
maintenance of, and the routine assessment of property owned or operated by a governmental
entity; or

                      (D) a pest control inspection conducted by a person regulated under
Chapter 1951 of Subtitle B, Title 12, Occupations Code.

        (c) Severability. Should any section or subsection in this subchapter be found to be void
for any reason, such finding shall not affect any other sections.

        (d) License possession requirements. Anyone engaged in mold-related activities, unless
specifically exempt as defined in §295.304 of this chapter (relating to Licensing and
Registration: Exemptions), must provide proof of a current license, accreditation, or registration
to any inspecting official from the Texas Department of Health (department), to an employer, or
to a prospective employer upon request. All licensed and registered individuals must have the



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Identification Card issued by the department on the work site at all times while engaged in any
mold-related activity. For individuals, this is the only proof of a valid license.


§295.302. Definitions. The following words and terms within this subchapter, shall have the
following meanings, unless the context clearly indicates otherwise.

               (1) Accredited training program – A training program that has been accredited by
the department to provide training for persons seeking licensure or registration under this
subchapter to perform mold-related activities.

               (3) Board - The Texas Board of Health.

               (5) CFR – Code of Federal Regulations.

               (6) Clearance levels - Values that indicate the maximum amount of mold
permitted on a surface or in the air following completion of a remediation activity.

               (7) Commissioner - The Texas Commissioner of Health.

                (8) Complete license application - An application that contains, at a minimum, an
original signature (not photocopied, facsimiled, or electronically reproduced); a legible printed
name and mailing address; any business or organization affiliation and mailing address;
copy(ies) of any applicable required training course completion certificates issued by a
department-accredited training provider within the specified time frames; documentation of any
applicable required formal education in the form of a diploma, degree, or transcript;
documentation of any applicable required work experience detailing job duties that includes
verification contacts covering the minimum time frames required; documentation of any
specified professional certification, professional engineer, or professional registration, if
required; the appropriate fee; and, for companies, documentation of items required in §295.XXX
of this chapter (relating to Mold Company (Analysis, Assessment Consultant Requirements), as
applicable.

                (9) Containment - A regulated area that has been sealed and designed to prevent
the release of mold or mold-containing dust or materials into surrounding areas.

                 (10) Contiguous area of mold - A contiguous area of mold is determined by
drawing a real or imaginary line on a surface to encompass visible mold or suspected mold
present on the surface, such that all visible mold or suspected mold within the area bounded by
the line is at least one (1) foot from the line. If this area overlaps or touches another area that was
similarly drawn, then these two areas are considered one contiguous area of mold. Two or more
non-coplanar surfaces (for example, adjacent walls or a ceiling and an adjacent wall) are
considered to form a single surface if a real line can be drawn between the non-coplanar surfaces
without lifting the drawing instrument from the non-coplanar surfaces.

               (11) Department - The Texas Department of Health.


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                (12) Employee – An individual who is paid a salary, wage, or remuneration by an
entity for services performed and has a relationship with the entity that would result in the entity
being liable for that person's acts or judgments.

                 (13) EPA - The United States Environmental Protection Agency.

                (14) Facility - Any institutional, commercial, public, industrial or residential
structure, installation or building.

              (15) Fungi - non-photosynthesizing parasitic lower plants that secrete enzymes
and absorb food, producing and living inside branched tubes called hyphae (includes molds,
mildew, yeasts, and mushrooms)

               (16) HEPA - A high-efficiency particulate air filter, capable of trapping and
retaining 99.97% of mono-dispersed airborne particles 0.3 micron or larger in diameter.

                 (17) HVAC - Heating, ventilation, and air conditioning.

                 (20) Indoor air means - Air within the envelope of a building, including:

                        (A) Air in spaces normally occupied by persons in the building;

                        (B) Air in spaces accessible to but normally unoccupied by persons in the
building, such as attics; and

                        (C) Air in spaces normally inaccessible to persons in the building, such as
wall cavities.

                 (21) Individual - A single person acting of and for himself or herself.

              (22) Indoor mold – mold that was not purposely grown or brought into a building
and may affect the indoor air quality of the building

               (23) Inspection - An activity undertaken in a building to determine the presence or
location, or to assess the condition of indoor mold/ fungi, whether by visual or physical
examination, or by collecting samples of such material for analysis by a mold analysis
laboratory.

                 (24) License – Any license issued under this subchapter.

               (25) Licensee – a person who meets all the qualifications and has been issued a
license by the Texas Department of Health in accordance with this subchapter, including an
individual or company licensed by TDH to engage in mold-related activities.




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              (27) Mold - Any living or dead fungi or related products or parts, including
spores, hyphae, and mycotoxins.

               (28) Mold analysis - The examination of a sample collected during a mold
assessment for the purpose of:

                      (A) Identifying the genera or species of or determining the amounts of any
living or dead fungi or related parts, including but not limited to spores and hyphae, present in
the sample;

                         (B) Growing or attempting to grow fungi for the purposes of (A) above; or

                      (C) Identifying or determining the amount or presence of any fungus-
related products, including but not limited to mycotoxins and microbial volatile organic
compounds, present in the sample.

              (29) Mold analysis company - A person, other than an individual, that performs
mold or mold-related analyses on a sample collected to determine the presence or identification
indoor mold for compensation.

               (30) Mold assessment – Mold-related activity that involves:

                    (A) an inspection, investigation, or survey of a dwelling or other structure
to provide the owner or occupant with information regarding the presence, identification, or
evaluation of mold;

                         (B) the development of a mold management plan or remediation protocol;
or

                         (C) the collection or analysis of a sample that may determine the presence,
level or type of mold.

             (31) Mold assessment company - A person, other than an individual, that
performs mold assessments for compensation.

              (32) Mold assessment consultant - an individual who performs mold assessments
for compensation.

              (33) Mold assessment laboratory - a person, other than an individual, that
performs laboratory analysis of samples for the presence of mold for compensation.

              (34) Mold assessment technician - An individual who performs mold assessments
under the supervision of a licensed mold assessment consultant and who is an employee of a
mold assessment company or a mold assessment consultant.




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               (35) Mold remediation – The removal, cleaning, sanitizing, demolition, or other
treatment, including preventative activities, of mold or mold-contaminated matter that was not
purposely grown at that location

             (36) Mold remediation company – A person, other than an individual, that
performs mold remediation for compensation.

              (37) Mold remediation contractor - An individual who performs mold remediation
for compensation.

              (38) Mold remediation supervisor - An individual who performs mold
remediation under the supervision of a licensed mold remediation contractor and who is an
employee of a mold remediation company or a mold remediation contractor.

              ( ) Mold remediation start date – For the purpose of notification to the department
in accordance with §295.323 of this chapter (relating to : Notifications), the date on which the
actual removal of mold growth is to begin

               ( ) Mold-remediation stop date (completion date) - For the purpose of notification
to the department in accordance with §295.323 of this chapter (relating to: Notifications), the
date on which final clearance has been achieved (visual inspection of work area and sampling
results) and mold growth removal has been achieved.

               (39) Mold-related activities - The performance of mold assessments or mold
remediation or any other activities conducted to assess or remediate indoor mold.

               (41) Office - A stationary physical location assigned a street address by the
United States Postal Service and permanently (as opposed to transiently) occupied by a licensee
or an employee of a licensee for the purpose of conducting business related to mold assessment
and/or mold remediation, such as preparation, storage, and discussion with clients or potential
clients of scope of work analyses, remediation work plans, or certificates of mold remediation, or
analysis of samples to determine the amounts and types of mold present therein. A stationary
physical location used primarily or exclusively for the receipt or storage of mail, packages,
paperwork, supplies, equipment, or similar matter is not an office.

              (42) OSHA - Occupational Safety and Health Administration of the United States
Department of Labor

                (43) Person - An individual, corporation, company, contractor, subcontractor,
association, firm, partnership, joint stock company, foundation, institution, trust, society, union,
governmental entity, or any other association of individuals.

               (44) Regulated area - The area in which mold-related activity that is covered by
this subchapter takes place.




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               (45) Survey - An activity undertaken in any building to determine the quantity,
presence or location, of mold an causative conditions, whether by visual or physical examination,
or by collecting samples of such material for further analysis.

               (46) Working days - Monday through Friday, including holidays that fall on those
days.


§295.303. Licensing, Registration, And Accreditation: Conditions.

        (a) Licensing or Registration Requirement. A person must be appropriately licensed or
registered in compliance with this subchapter to engage in mold assessment or mold remediation
unless specifically exempted under §295.304 of this chapter (relating to Licensing And
Registration: Exemptions). Individuals not eligible for employment in the United States will not
be licensed or registered. A person must be accredited as a mold training program provider in
compliance with these this subchapter to offer and to conduct mold training for fulfillment of
specific training requirements that are prerequisite to licensing or registration by the Texas
Department of Health (department) under this subchapter.

       (b) Age Requirement. Each individual desiring to be licensed or registered under these
sections must be 18 years old prior to submitting an application for such purpose.

       (c) Office Requirement. An individual desiring to be licensed under these sections must
maintain an office in Texas, as defined in §295.302(41) of this chapter (relating to Definitions),
or must be employed by a person licensed in Texas to perform the type of mold-related activity
for which the individual seeks licensing.

        (d) Term and Expiration. All licenses, registrations, and accreditations issued before
January 1, 2005, are valid for one year and expire on the anniversary of the effective date. All
licenses, registrations, and accreditations issued on or after January 1, 2005, are valid for two
years and expire on the second anniversary of the effective date, unless renewed. A license,
registration, or accreditation holder is in violation of these sections if the holder allows
qualifications for that license, registration, or accreditation to lapse, and practices with that
license, registration, or accreditation.

        (e) Provision for Change. The terms and conditions of all licenses, registrations, and
accreditations shall be subject at any time to revision, amendment, or modification by rules or
orders issued by the department.

        (f) Condition of Issuance. No license, registration, or accreditation certificate or
identification (ID) card issued under these sections may be sold, assigned, or transferred. ID
cards issued by the department must be present at the work site any time the individual is
engaged in mold-related activities. License or registration certificates and ID cards issued by the
department to an individual are the property of the individual until they expire or are suspended
or revoked by the department. Any license, registration, or accreditation certificate and ID cards
that have been altered may be revoked.


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        (g) Responsibilities of Licensed, Registered, and Accredited Persons. Persons who are
licensed, registered, or accredited under these sections and who become aware of violations of
these sections must report these violations within 24 hours to the department if the responsible
party {make sure this is defined or understood} does not immediately correct the violations.
§295.328 (q) (1) (2) (Code of Ethnics; Code of Ethics Professional Responsibility) needs to be
emphasized in this area.

       (h) Applications. Each application for a license, registration, or accreditation must be
complete. Documentation submitted for an application will be considered for that application
only, regardless of any other applications submitted at the same time. All blanks on the
application form must be completely filled in or the application will be deficient for lack of
information.

       (i) Examination. In accordance with §295.309 of this chapter (relating to Licensing:
State Licensing Examination), each applicant for an individual license must take and pass an
examination administered by the department in the category for which the applicant wishes to be
licensed. Individuals registered by the department are not exempt from examination

       (j) Responsible Person Limitation. The individual that is designated by a licensed mold
assessment company or mold remediation company as responsible for its operations and
compliance with rules shall not be the responsible person for another licensee with the same
category of license.


§295.304. Licensing And Registration: Exemptions.

        (a) Minimum Area Exemption. A person is not required to be licensed under these
sections to perform mold remediation in an area in which the mold contamination affects a total
surface area for the project of less than 25 contiguous square feet, as defined in §295.302(10) of
this chapter (relating to Definitions).

        (b) Residential Property Exemption. A person is not required to be licensed under these
sections to perform mold assessment or mold remediation on a residential property, as defined in
§295.302( ) of this chapter (relating to Definitions), if the person is an owner, or a managing
agent or employee of an owner, of the property and the property has fewer than 10 dwelling
units, as defined in §295.302( ) of this chapter (relating to Definitions). This exemption does not
apply to a managing agent or employee who engages in the business of performing mold
assessment or mold remediation for the public.

       (c) General Property Exemption. An owner or tenant, or a managing agent or employee
of an owner or tenant, is not required to be licensed under this chapter to perform mold
assessment or mold remediation on property owned or leased by the owner or tenant. This
exemption does not apply if the managing agent or employee engages in the business of
performing mold assessment or mold remediation for the public; if the mold remediation is
performed in an area in which the mold contamination affects a total surface area of


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25 contiguous square feet or more, as defined in §295.302(10) of this chapter (relating to
Definitions); or to a person exempt under subsection (b) of this section.

       (d) Construction and Improvement Exemption. A person is not required to be licensed
under these sections to perform mold assessment or mold remediation in a one-family or two-
family dwelling that the person constructed or improved if the person performs the mold
assessment or mold remediation at the same time the person performs the construction or
improvement or at the same time the person performs repair work on the construction or
improvement. This exemption does not apply if the person engages in the business of
performing mold assessment or mold remediation for the public.

       (e) Supervised Employee Exemption. An employee of a license holder is not required to
be licensed under this subchapter to perform mold assessment or mold remediation while
supervised by the license holder. Such an employee must, however, be registered as provided
under §295.314 of this chapter (relating to Mold Remediation Workers: Registration
Requirements).


§295.305. Conflict Of Interest And Disclosure Requirement.

       (a) Conflict of Interest.

              (1) A licensee may not perform both mold assessment and mold remediation on
the same project.

              (2) A person may not own an interest in both an entity that performs mold
assessment services and an entity that performs mold remediation services on the same project.

                (3) An individual instructor shall not train himself/herself in order to qualify for a
license or a registration.

      (b) Disclosure Requirement. A licensee that is not an individual shall disclose to the
Texas Department of Health (department) the name, address, and occupation of each person that
has an ownership interest in the license holder. The licensee shall report any changes in
ownership to the department on the form provided by the department.


§295.306 Licensing, Registration and Accreditation: Applications and Renewals.

        (a) General Requirements. Applications for a license, registration, or accreditation under
these sections must be made on forms provided by the Texas Department of Health (department),
signed by the applicant, and accompanied by a check or money order made payable to the Texas
Department of Health for the amount of the applicable fee. The department shall consider only
complete applications; the duty to meet all application requirements rests with the applicant.
For the specific requirements for a particular category of license, registration, or accreditation,



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refer to the sections of this subchapter relating to requirements for that license, registration, or
accreditation.

        (b) Inquiries. Potential applicants who wish to discuss or obtain information concerning
qualification requirements may call the department's Administrator, Mold Licensing Program,
(administrator) at (512) 834-4509 or (800) 293-0753 (toll-free). Applicants may visit the
program’s website at www.tdh.state.tx.us/beh/iaq to obtain information and download forms.

       (c) Denials. The department may deny a license, registration or accreditation to a person
who fails to meet the standards established by these rules, including but not limited to the
provisions of §295.333(c) of this chapter (relating to Compliance: Reprimand, Suspension,
Revocation, Probation).

         (d) Penalties. In accordance with §295.337 (relating to Compliance: Reprimand,
Suspension, Revocation, Probation) and §295.338 of this chapter (relating to Compliance:
Administrative Penalty), fraud or misrepresentation in obtaining, attempting to obtain, or
renewing a license, registration, or accreditation may result in reprimand; suspension, revocation
or refusal to renew the license, registration, or accreditation; or assessment of an administrative
or civil penalty.

       (e) Processing Applications and Renewals.

                (1) Time periods. An application for an initial or renewal license, registration, or
accreditation shall be processed by the department within 60 days of receipt by issuing the
requested license, registration, or accreditation; by providing to the applicant a written notice of
deficiency outlining the reasons the application is deficient and what corrective action is required
of the applicant; or by providing to the applicant a written notice denying the application and
outlining the reason(s) for the denial. If an application is deficient, the applicant must submit the
required information and/or documentation to the department within 90 days of the issuance of
the written notice of deficiency. Within 60 days of receipt of all necessary information and
documents from the applicant, the department will either issue the requested license, registration,
or accreditation or provide to the applicant a written notice denying the application and outlining
the reason(s) for the denial. Failure of the applicant to submit the required information and/or
documentation within 90 days of the issuance of the written notice of deficiency by the
department will result in denial of the application due to abandonment.

               (2) Reimbursement of fees. The department shall refund in full the initial or
renewal application fees if the department does not process a completed application in the time
period specified in paragraph (1) of this subsection. The department shall refund initial or
renewal application fees, less a $50 administrative fee, if an applicant does not meet the
requirements for the license, registration, or certification for which application has been made.
The department shall refund fees paid in excess of the amounts required under these sections,
less a $50 administrative fee. Otherwise, fees for applications and renewals, including fees paid
in conjunction with an application denied due to abandonment, are not eligible for refund.




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               (3) Denial. Denial of an initial or renewal license or registration application due to
abandonment of the application does not constitute grounds for reimbursement. Abandonment is
defined as failure to respond to a written request of the department by the applicant for a period
of 90 days.

                (4) Appeal. If the department denies a request for reimbursement authorized by
paragraph (2) of this subsection, an applicant may then appeal to the Commissioner of Health
(commissioner) for a resolution of any dispute. The applicant shall give written notice to the
commissioner by writing to the administrator requesting reimbursement of filing fees as
authorized by paragraph (2) of this subsection. The administrator shall submit a written report of
the facts related to the processing of the application and good cause for exceeding the established
time periods or evidence that the application was abandoned. The commissioner will determine
the final action and provide written notification of his/her decision to the applicant and the
branch chief.

                  (5) Contested case hearing. If at any time during the processing of an application
a contested case proceeding arises, a hearing may be requested in writing by the applicant within
30 days of the date on the letter from the department denying the registration or license. The
hearing will be conducted in accordance with the Administrative Procedures Act, Texas
Government Code Chapter 2001, and the department’s formal hearing rules in Chapter 1 of this
title (relating to the Board of Health).

        (f) Renewal Notices. At least 60 days before a person’s license, registration, or
accreditation is scheduled to expire, the department, as a service to the person, shall send a
renewal notice by first-class mail to the person at the person’s last known address according to
the records of the department. A person licensed, registered, or accredited by the department
retains full responsibility for supplying the department with a correct current address, for
informing the department of any change of address, and for taking any actions necessary to
renew the license, registration, or accreditation, whether or not the person has received the
renewal notice from the department. The renewal notice will state:

               (1) the type of license, registration, or accreditation requiring renewal;

               (2) the time period allowed for renewal; and

               (3) the amount of the renewal fee.

       (g) Renewal Requirements. A person holding a license, registration, or accreditation may
submit a renewal application no sooner than 60 days before the license, registration, or
accreditation expires. The person may renew the license, registration, or accreditation for a term
of two years providing that the person:

               (1) is qualified to be licensed, registered, or accredited;

               (2) pays to the department the proper amount of the nonrefundable renewal fee;




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                (3) submits to the department a renewal application on the prescribed form along
with all required documentation;

               (4) completes successfully the requirements for renewal and examination, if
required;

               (5) submits the required current training certificates; and

               (6) has complied with all final orders resulting from any violations of these
sections.

        (h) Expiration and Prohibitions. A person may not perform any mold-related activity
with an expired license, registration, or accreditation. If a person makes a timely and sufficient
application for the renewal of a valid license, registration, or accreditation currently in the
person’s possession, the license, registration, or accreditation does not expire until the
department has finally granted or denied the application. A person whose license, registration, or
accreditation has been expired for 90 days or less may renew it by meeting all qualifications for
renewal and paying to the department a renewal fee of one and one-half (1½) times the basic fee.
A person whose license, registration, or accreditation has been expired for more than 90 days but
less than one year may renew it by meeting all qualifications for renewal and paying to the
department a renewal fee of two (2) times the basic fee. A person may not renew a license,
registration, or accreditation that has been expired for one year or more. The person may obtain
a new license, registration, or accreditation by complying with the requirements and procedures,
including any examination requirements, for obtaining an original license, registration, or
accreditation.

        (i) Replacements. A licensed, registered, or accredited person may obtain a replacement
certificate and/or ID card by submitting such request in writing on a department-issued form
along with a fee of $20 for each official document reissued.

       (j) Retention of control. The department, at any time after the filing of any application
and before the expiration of any license, registration, or accreditation, may require:

               (1) additional written information and assurances; and

               (2) cooperation with any inspections initiated by the department, or the production
of any documents or other evidence that the department considers necessary to determine
whether the license, registration, or accreditation should be granted, delayed, denied, modified,
suspended, or revoked.


§295.307. Licensing And Registration: Out-Of-State Applicants And Reciprocity.

        (a) Individual Applicant Status. An individual residing in a state other than Texas and
applying for any category of license or registration in Texas must comply with all licensing or
registration requirements that would be imposed on a Texas resident applying for the same


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category of license or registration. An individual must be licensed or registered by the Texas
Department of Health (department) in accordance with these sections prior to advertising,
soliciting business, or engaging in any mold assessment work or mold remediation work in
Texas or for a project located in this state.

        (b) Terms of Reciprocity. An individual who is licensed or registered in good standing
by another state or by the United States to perform mold assessment or mold remediation may
obtain reciprocal licensing or registration in Texas in an equivalent or comparable discipline, as
determined by the department, provided that:

                (1) the licensing or registration requirements of the other state or by the United
States, including requirements concerning training, experience, and examination, are at least as
stringent as the requirements under this subchapter for a comparable license or registration, as
determined by the department. An individual who was issued a license by another state without
passing a state-administered written examination to obtain the license shall not be eligible for
reciprocal licensing under this section;

               (2) all training used to qualify for licensing or registration by the other state or by
the United States was provided by a training program provider accredited by the other state or by
the United States under requirements that meet or exceed, as determined by the department, the
requirements under this subchapter for accreditation as a mold training provider;

               (3) the individual successfully completes the compulsory training on Texas mold
law as described under subsection (d) of this section;

               (4) the individual submits to the department a complete application for reciprocal
licensing or registration on a department-issued form, including all documentation required
under subsection (c) of this section, along with the required fee;

                (5) the department determines that all training provided to, experience claimed by,
and examinations administered by the other state or by the United States to the individual meet
or exceed the requirements under these sections for obtaining comparable licensing or
registration in Texas; and

              (6) the individual maintains, or is employed by a person licensed by this state who
maintains, an office in this state, as defined in §295.302(41) of this chapter (relating to
Definitions).

        (c) Acceptance of Qualifying Documents. An individual licensed or registered by
another state or by the United States and applying to the department for reciprocal licensing or
registration must submit a copy of the completed application for licensing originally submitted to
the other state or to the United States, including copies of all documentation concerning
education, training, and experience. All documents (training, examination, and experience)
provided to the department under this section must be valid and verifiable by the department as
to their veracity. The burden of proof in such matters is the responsibility of the applicant; the
department must reject unverifiable documentation.


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       (d) Compulsory Training. An individual applicant for reciprocal licensing or registration
by the department must complete a minimum of three hours training given by a department-
accredited training program provider on Texas law and regulations concerning mold, as provided
under §295.330(h) of this chapter (relating to Training: Required Mold Training Courses), prior
to applying for a reciprocal license or registration. The Texas law course must be completed
within 60 days prior to applying for the reciprocal license or registration. An individual must
complete refresher training offered by a Texas-accredited training provider in order to qualify for
renewal of a reciprocal license or accreditation.

         (f) Fees. The fee for a reciprocal license or registration shall be the same as the fee for an
initial license or registration issued in that discipline.

        (g) Formerly Licensed in Texas. An individual who was licensed or registered by the
department, moved to another state, and is currently licensed and has been in practice in the same
field in the other state for the two years preceding the date of application may obtain a new
license without reexamination. The individual must successfully complete the course on current
Texas mold law required of reciprocal licensees and registrants under subsection (d) of this
section and must meet the following standards:

                (1) mold assessment technician. Qualifications as stated in §295.310 of this
chapter (relating to Mold Assessment Technicians: Licensing Requirements) and fee payment of
$400;

                (2) mold sampling technician (restricted). Qualifications as stated in §295.311 of
this chapter (relating to Mold Sampling Technician (Restricted): Registration Requirements) and
fee payment of $200;

                (3) mold assessment consultant. Qualifications as stated in §295.312 of this
chapter (relating to Mold Assessment Consultants: Licensing Requirements) and fee payment of
$1200;

               (4) mold remediation worker. Qualifications as stated in §295.314 of this chapter
(relating to Mold Remediation Workers: Registration Requirements) and fee payment of $200;

                (5) mold remediation supervisor. Qualifications as stated in §295.315 of this
chapter (relating to Mold Remediation Supervisors: Licensing Requirements) and fee payment of
$600; and

                (6) mold remediation contractor. Qualifications as stated in §295.316 of this
chapter (relating to Mold Remediation Contractors: Licensing Requirements) and fee payment of
$1200.

       (h) Persons Other Than Individuals. A person other than an individual may not obtain a
reciprocal license under this section. An out-of-state company or other business entity must
maintain a current office in Texas, as defined in §295.302(41) of this chapter (relating to


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Definitions), in order to qualify for licensing under these sections. Persons other than individuals
must possess a valid Texas initial or renewal license as provided under these sections in order to
conduct mold assessment activities, including mold analysis, or mold remediation activities in
this state.


§295.308. Licensing: Insurance Requirements.

         (a) Persons required to have insurance must obtain policies for required coverage in the
amounts specified in these sections. Self-insurance is allowed for governmental agencies and for
persons who meet the self-insurance requirements under the insurance laws of Texas and receive
written approval from the Texas Department of Insurance or Texas Workers' Compensation
Commission. Proof of approval by the appropriate authority as required for non-governmental
persons must be submitted with the application. Liability insurance shall include pollution
liability for mold exposure. Additional requirements are as follows:

                (1) applicants for licenses or renewal of licenses must provide to the Texas
Department of Health (department) the certificate of insurance required. The policy must be
currently in force and must be written by:

                       (A) an insurance company authorized to do business in Texas;

                      (B) an eligible Texas surplus lines insurer as defined in the Texas
Insurance Code, Article 1.14-2;

                       (C) a Texas registered risk retention group; or

                       (D) a Texas registered purchasing group.

       (b) The certificate of insurance must be complete, including all applicable coverages and
endorsements, and must name the Texas Department of Health, Toxic Substances Control
Division, as a certificate holder. Each required policy shall be endorsed to provide the
department with at least a ten-day notice of cancellation.

        (c) In the event of policy cancellation by the licensee or by the insurance company, the
licensee shall notify the department not later than 10 days prior to the cancellation effective date.

       (d) In the event of policy cancellation or expiration, the policy shall promptly be replaced
or renewed without any lapse in coverage. The licensee holder must provide a certificate of the
renewal policy to the department upon receipt. In no event shall a licensee or accreditation
holder fail to have the required coverage at the time of engaging in mold-related activities.
Failure to become reinsured when required may result in the imposition of an administrative
penalty and/or revocation of the license.


§295.309. Licensing: State Licensing Examination.


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        (a) General. The Texas Department of Health (department) shall administer an
examination to individuals who are seeking a license and who have successfully completed the
required training from a training provider accredited or approved by the department. A copy of
the training certificate shall be submitted with the application for the examination. All
individuals seeking a license in a specific category shall pass the examination for that category.
Individuals seeking registration as a mold sampling technician (restricted) or as a mold
remediation worker are not required to take a department-administered examination.

        (b) Testing Requirements. An applicant for an individual license must pass a state
examination to qualify for the original license. The applicant must pass the examination before
applying for the license. Examinations shall be based upon the requirements for the license
category for which the individual is applying. The examination will cover the topics included in
the training course for that license category. Misconduct or dishonesty during the examination,
including taking or attempting to take the examination by an individual other than the individual
scheduled, will constitute grounds for the issuance of a failing grade and revocation or denial of
a license.

       (c) Fees. There will be an examination fee of $25 for the initial test or for any re-
examination at department-administered test locations. A fee of $50 shall be paid for
examinations to be administered by the department at locations and times other than the
published. A request to the department must be submitted in sufficient time to permit scheduling
and administration of the examination. Fees must be paid to the department prior to the taking of
the examination. The required fee may not be paid at the examination location, but must be
mailed to the department.

         (d) Scheduling and Registration. Annually, the department shall publish a schedule of
examination dates and locations. Registration must be submitted by mail or phone and must be
received by the department no later than five days prior to the desired test date. Entrance into the
test site will be allowed only upon presentation of a valid photo identification card from an
accredited training provider. Schedules will be provided by the training providers as a part of
their instruction. Assistance is available by calling the department's mold training section.
Companies with 30 or more individuals to be tested may call the department to arrange an
additional examination date.

        (e) Grading and Reporting of Examination Scores. A grade of 70% must be achieved in
order to pass the examination. Scores will be reported only by mail no later than 30 working
days after the date the test is taken; the notification will, if appropriate, contain information
regarding re-examination.

        (f) Re-examination. An individual must pass the required licensing examination within
six months of receiving the training certificate for the required course. An individual may take
only two re-examinations after failing an initial examination. Re-examination questions will be
different from the initial examination. An individual who fails two re-examinations must repeat
the initial training course required for the license for which he/she is applying, submit a new



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application for the department test, and provide a copy of the training certificate for the
additional training.

        (g) Request for Information Concerning Exam. If requested in writing by a person who
fails a licensing examination, the department shall furnish the person with an analysis of the
person's performance on the examination.

       (h) Testing Service. If a licensing examination is graded or reviewed by a testing service:

               (1) the department shall notify each examinee of the results of the examination
not later than the 14th day after the date the department receives the results from the testing
service;

               (2) if notice of the examination results will be delayed for longer than 90 days
after the examination date, the department shall notify the examinees of the reason for the delay
before the 90th day; and

                 (3) the department may require the testing service to notify an examinee of the
results of that person's examination.


§295.310. Mold Assessment Technician: Licensing Requirements.

       (a) Licensing Requirement. An individual must be licensed as a mold assessment
technician to perform mold sampling as part of a mold assessment, except that:

                (1) an individual licensed under §295.312 of this chapter (relating to Mold
Assessment Consultant: Licensing Requirements) is not required to be separately licensed under
this section; and

                (2) an individual who desires to conduct only the sampling allowed by §295.311
of this chapter [relating to Mold Sampling Technician (Restricted): Registration Requirements]
during the performance of an investigation or inspection other than a mold assessment may seek
registration as a mold sampling technician (restricted) rather than licensing as a mold assessment
technician.

       (b) Scope. An individual licensed under this section may determine the location and
extent of mold or suspected mold present in a building. For the purpose of confirming the
presence of or determining the identity or amount of mold in a building, including the provision
of evidence that a mold remediation project has been completed successfully, a mold assessment
technician may:

               (1) collect bulk samples of materials containing or suspected to contain mold;




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              (2) collect non-bulk samples from materials contaminated with or suspected to be
contaminated with mold, including but not limited to collecting tape-lift samples, swab samples,
and dust samples; and

              (3) conduct sampling of indoor or outdoor air

       (c) Qualifications. An applicant for a mold assessment technician license must:

              (1) be at least 18 years of age;

              (2) have obtained a high school diploma or General Educational Development
(GED) certificate;

              (3) be eligible to work in the United States;

              (4) maintain an office in Texas, or be employed by a licensed mold assessment
company;

               (5) be medically able to use any personal protective equipment, including
respiratory protection, required for the safe performance of mold assessment activities;

              (6) if the application is for an initial license:

                      (A) successfully complete an initial mold assessment technician course
offered by a training provider accredited or approved by the Texas Department of Health
(department) and receive a course-completion certificate; and

                      (B) pass the department-administered exam for licensed mold assessment
technicians with a score of at least 70%, within 12 months of completing the course required
under subparagraph (A) of this paragraph; and

               (7) no sooner than 12 months prior to the license’s expiration date, if the
application is for renewal of the license, successfully complete a refresher mold assessment
technician course offered by a department-accredited or department-approved training provider
and receive a course-completion certificate.

       (d) Expiration of Licenses. A mold assessment technician license:

              (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subchapter; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (e) Fees. The fee for a mold assessment technician license is as follows:


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              (1) for an initial license issued before January 1, 2005 - $100;

              (2) for an initial license issued on or after January 1, 2005 - $200; and

              (3) for the renewal of a license - $200, except:

                      (A) for the renewal of a license that has been expired for 90 days or less -
$300; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $400.

        (f) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold assessment technician license, shall submit the following to the department:

             (1) a complete application, on a department-provided form, for licensing as a
mold assessment technician;

               (2) an acceptable written opinion of a physical examination of the applicant
within the past 12 months that was performed by a physician in accordance with Occupational
Safety and Health Administration of the United States Department of Labor (OSHA) regulations
in 29 Code of Federal Regulations (CFR), §1910.134(e), relating to respiratory clearance
evaluation. This opinion must be submitted on the department’s "Physician’s Written Statement"
form only, must be signed by the physician, and must include certification that:

                      (A) the applicant or physician completed, and the physician reviewed, the
standardized medical questionnaire and work history per 29 CFR §1910.134, Appendix C;

                      (B) if the applicant is employed, the applicant’s employer provided, and
the physician reviewed, the description of the applicant's duties as they relate to exposure to
hazardous and/or nuisance material, the anticipated exposure level, the personal protective and
respiratory equipment to be utilized by the applicant, and information from previous medical
examinations of the applicant that is not otherwise available to the physician;

                     (C) the physician performed a physical examination on the applicant, with
emphasis on the pulmonary and cardiovascular systems;

                       (D) the applicant was given pulmonary function tests of forced vital
capacity (FVC) and forced expiratory volume at one second (FEV 1) in accordance with
National Institute of Occupational Safety and Health and American Thoracic Society standards;
and



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                      (E) the physician informed the applicant of the results of the physical
examination and, if the applicant is employed, of any medical conditions that might result from
exposure to hazardous and/or nuisance materials during performance of the applicant’s job
duties;

               (3) if the application is for an initial mold assessment technician license:

                      (A) a copy of a high school diploma or GED certificate;

                      (B) a copy of a certificate of training indicating successful completion
within the past 12 months of an initial training course for mold assessment technicians offered by
a department-accredited training provider as described in §295.330(b) of this chapter (relating to
Training: Required Mold Training Courses); and

                      (C) proof of successfully passing the department examination for mold
assessment technicians;

                (4) if the application is for renewal of a mold assessment technician license, a
copy of a certificate of training indicating successful completion within the past 12 months of a
refresher training course for mold assessment technicians offered by a department-accredited
training provider as described in §295.330(i) of this chapter (relating to Training: Required Mold
Training Courses);

                (5) a copy of the wallet-size photo-identification card from the training course as
required from all trainers in Texas in accordance with §295.331(f)(2) of this chapter (relating to
Training: Approval of Training Courses). Persons submitting out-of-state training certificates
with their applications may obtain the necessary photo identification when attending the
mandatory course on Texas mold rules required in accordance with §295.330(h) of this chapter
(relating to Training: Required Mold Training Courses); and

               (6) a current one-inch by one-inch photograph of the face. The photograph
submitted to the department for licensing purposes must have a white background.

       (g) Responsibilities. A licensed mold assessment technician shall:

             (1) perform mold assessment activities only as an employee of a licensed mold
assessment company;

               (2) comply with standards of operation, as described in §§295.320-295.326 of this
chapter;

                (3) comply with guidelines for sampling protocols as presented in training course
materials or as required by the mold assessment company by whom he/she is employed;

               (4) collect bulk, non-bulk, and air samples as specified by appropriate sampling
procedures;


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                 (5) use appropriate sampling techniques during area clearance sampling;

             (6) correctly use appropriate personal protective equipment while performing
mold assessment activities;

              (7) adhere to the code of ethics prescribed by §295.332 of this chapter (relating to
Code of Ethics and Professional Responsibility);

              (8) cooperate with department personnel in the discharge of their official duties to
conduct inspections and investigations, as described in §295.336 of this chapter (relating to
Compliance: Inspections and Investigations; and

               (9) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).

       (h) Signature. All reports of mold assessments conducted by a licensed mold assessment
technician must be signed by the mold assessment technician and by:

                 (1) a licensed mold assessment consultant who supervises the mold assessment
technician; or

              (2) the responsible person for the licensed mold assessment company employing
the mold assessment technician.


§295.311. Mold Sampling Technician (Restricted): Registration Requirements.

        (a) Registration Requirement. An individual must be registered as a mold sampling
technician (restricted) to perform mold assessment as part of an activity conducted for a purpose
other than mold assessment, including sampling of mold discovered during the course of the
activity. This registration is not required for a licensed mold assessment consultant or a licensed
mold assessment technician.

       (b) Scope. For the purpose of confirming the presence of mold in a building, a mold
sampling technician (restricted):

                 (1) may collect bulk samples of materials suspected to contain mold;

              (2) may collect surface samples from materials suspected to be contaminated with
mold, including collecting tape-lift samples or swab samples; and

                 (3) may not conduct air sampling of any type.

        (c) Qualifications. An applicant for a mold sampling technician (restricted) registration
must:


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                (1) be at least 18 years of age;

              (2) have obtained a high school diploma or General Educational Development
(GED) certificate;

                (3) be eligible to work in the United States;

                (4) maintain an office in Texas, as defined in §295.302(41) of this chapter
(relating to Definitions);

                (5) be actively involved in a profession whose scope of work includes the
investigation, inspection, appraisal, assessment of the condition, design, construction, diagnosis,
repair, cleaning, replacement, or maintenance of real property, buildings, or building components
or contents, as evidenced by:

                       (A) current employment in such a profession;

                      (B) current licensure, registration, or certification by a governmental body
in an area whose scope of practice encompasses such a scope of work; or

                       (C) current full-qualification membership in a national professional
organization:

                                (i) whose mission encompasses such a scope of work;

                                (ii) that is administered by an active board of directors;

                                (iii) whose members are required to adhere to a published code of
ethics; and

                             (iv) whose admission criteria include training and/or experience
requirements and passage of a qualification examination;

               (6) if the application is for an initial license, successfully complete an initial mold
sampling technician (restricted) course offered by a department-accredited or department-
approved training provider and receive a course-completion certificate; and

               (7) no sooner than 12 months prior to the registration’s expiration date, if the
application is for renewal of the registration, successfully complete a refresher mold sampling
technician (restricted) course offered by a department-accredited or department-approved
training provider and receive a course-completion certificate.

       (d) Expiration of registrations. A mold sampling technician (restricted) registration:




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               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

        (e) Fees. The fee for a mold sampling technician (restricted) registration is as follows:

                (1) for an initial registration issued before January 1, 2005 - $50;

                (2) for an initial registration issued on or after January 1, 2005 - $100; and

                (3) for the renewal of a registration - $100, except:

                       (A) for the renewal of a registration that has been expired for 90 days or
less - $150; and

                       (B) for the renewal of a registration that has been expired for more than 90
days but less than 1 year - $200.

        (f) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold sampling technician (restricted) registration, shall submit the following to the
department:

             (1) a complete application, on a department-provided form, for registration as a
mold sampling technician (restricted);

                (2) if the application is for an initial mold sampling technician (restricted)
registration:

                       (A) a copy of a high school diploma or GED certificate; and

                        (B) a copy of a certificate of training indicating successful completion
within the past 12 months of an initial training course for mold sampling technicians (restricted)
offered by a department-accredited training provider as described in §295.330(c) of this chapter
(relating to Training: Required Mold Training Courses);

                 (3) if the application is for renewal of a mold sampling technician (restricted)
registration, a copy of a certificate of training indicating successful completion within the past 12
months of a refresher training course for mold sampling technicians (restricted) offered by a
department-accredited training provider as described in §295.330(i) of this chapter (relating to
Training: Required Mold Training Courses);


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                (4) a copy of the wallet-size photo-identification card from the training course as
required from all trainers in Texas in accordance with §295.331(f)(2)of this chapter (relating to
Training: Approval of Training Courses). Persons submitting out-of-state training certificates
with their applications may obtain the necessary photo identification when attending the
mandatory course on Texas mold rules required in accordance with §295.330(h) of this chapter
(relating to Training: Required Mold Training Courses);

               (5) a current one-inch by one-inch photograph of the face. The photograph
submitted to the department for registration purposes must have a white background; and

                (6) documentation of:

                        (A) current employment in a profession whose scope of work includes the
investigation, inspection, appraisal, assessment of the condition, design, construction, diagnosis,
repair, cleaning, replacement, or maintenance of real property, buildings, or building components
or contents;

                      (B) current licensure, registration, or certification by a governmental body
in an area whose scope of practice encompasses such a scope of work; or

                       (C) current full-qualification membership in a national professional
organization:

                               (i) whose mission encompasses such a scope of work;

                               (ii) that is administered by an active board of directors;

                               (iii) whose members are required to adhere to a published code of
ethics; and

                             (iv) whose admission criteria include training and/or experience
requirements, and passage of a qualification examination.


       (g) Responsibilities. A registered mold sampling technician (restricted) shall:

                (1) comply with standards of operation as described in §§295.320-295.326 of this
chapter;

               (2) comply with guidelines for sampling protocols/procedures as presented in
training course materials;

                (3) collect bulk or surface samples as specified by appropriate sampling
procedures;



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               (4) not collect air samples of any type; and

                                                                     (5)     cooperate       with
department personnel in the discharge of their official duties to conduct inspections and
investigations, as described in §295.336 of this chapter (relating to Compliance: Inspections and
Investigations).


§295.312. Mold Assessment Consultant: Licensing Requirements.

        (a) Licensing Requirements. An individual must be licensed as a mold assessment
consultant to design mold assessment projects and mold remediation projects and to develop
mold management plans. A person employing a mold assessment consultant (including himself
or herself, if the person is an individual) may not hire another individual mold assessment
consultant or a mold assessment technician without obtaining a mold assessment company
license. A licensed mold assessment consultant is also a licensed mold assessment technician,
and an applicant for a mold assessment consultant license shall also fulfill all requirements for a
mold assessment technician license listed in §§295.310(c) and (h) of this chapter (relating to
Mold Assessment Technician: Licensing Requirements).

       (b) Scope. An individual licensed under this section may provide or perform mold
assessment services including:

               (1) planning an inspection, investigation, or survey to identify conditions
favorable for mold growth in a building or to determine the presence of, extent of, amount of, or
identity of mold or suspected mold in a building;

               (2) conducting activities recommended in a plan developed under paragraph (1) of
this subsection, including any of the activities allowed of a licensed mold assessment technician
under §295.310 of this chapter (relating to Mold Assessment Technician: Licensing
Requirements);

               (3) supervising a licensed mold assessment technician;

             (4) describing and interpreting, in written or other form, the results of activities
conducted under paragraph (3) of this subsection;

               (5) developing a mold management plan for a building, including specifying
periodic surveillance recommendations, response actions, and instructions for the prevention and
control of mold growth;

              (6) preparing a mold remediation protocol or a work analysis for a mold
remediation project, including the evaluation and selection of appropriate mold remediation
methods, project layout, the preparation of plans and specifications, the preparation of contract
documents, and the recommendation of appropriate personal protective equipment and
engineering controls;


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              (7) acting as the representative of an owner, manager, or occupant of a building
during mold remediation activities;

              (8) evaluating a mold remediation project for the purpose of certifying that mold
contamination identified for the project has been remediated;

                (9) providing a certificate of mold remediation to a licensed mold remediation
contractor or a licensed mold remediation company as specified under §295.329 of this chapter
(relating to Certificate of Mold Remediation: Duty of Property Owner); and

                (10) consulting with an owner, manager, or occupant of a building about any of
the activities permitted under this section.

       (c) Qualifications. An applicant for a mold assessment consultant license must:

                (1) be at least 18 years of age;

                (2) meet or exceed at least one of the following education and/or experience
requirements:

                        (A) a bachelor’s degree and at least one year of experience in a related
field (e.g. lead, asbestos, public health, industrial hygiene, environmental remediation work, or
building construction trades); or

                        (B) an associate’s degree and at least two years of experience in a related
field (e.g. lead, asbestos, public health, industrial hygiene, environmental remediation work, or
building construction trades); or

                       (C) a high school diploma (or equivalent), plus at least three years of
experience in a related field (e.g. lead, asbestos, public health, industrial hygiene, environmental
remediation work, or building construction trades); or

                        (D) certification as an industrial hygienist, a professional engineer, a
public health nurse, a professional registered sanitarian, a certified safety professional, a
registered architect, or an environmental scientist.

                (3) be eligible to work in the United States;

                (4) maintain an office in Texas, as defined in §295.302(41) of this chapter
(relating to Definitions), or be employed by a licensed mold assessment company;

               (5) be medically able to use any personal protective equipment, including
respiratory protection, required for the safe performance of mold assessment activities;

                (6) if the application is for an initial license:



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                      (A) successfully complete an initial mold assessment consultant course
offered by a training provider accredited or approved by the Texas Department of Health
(department) and receive a course-completion certificate; and

                      (B) pass the department-administered exam for licensed mold assessment
consultants with a score of at least 70%, within 12 months of completing the course required
under subparagraph (A) of this paragraph; and

               (7) no sooner than 12 months prior to the license’s expiration date, if the
application is for renewal of the license, successfully complete a refresher mold assessment
consultant course offered by a department-accredited or department-approved training provider
and receive a course-completion certificate.

       (d) Expiration of Licenses. A mold assessment consultant license:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (e) Fees. The fee for a mold assessment consultant license is as follows:

               (1) for an initial license issued before January 1, 2005 - $300;

               (2) for an initial license issued on or after January 1, 2005 - $600; and

               (3) for the renewal of a license - $600, except:

                      (A) for the renewal of a license that has been expired for 90 days or less -
$900; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $1200.

        (f) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold assessment consultant license, shall submit the following to the department:

             (1) a complete application, on a department-provided form, for licensing as a
mold assessment consultant;




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               (2) an acceptable written opinion of a physical examination of the applicant
within the past 12 months that was performed by a physician in accordance with Occupational
Safety and Health Administration of the United States Department of Labor (OSHA) regulations
in 29 Code of Federal Regulations (CFR), §1910.134(e), relating to medical evaluation. This
opinion must be submitted on the Texas Department of Health (department) "Physician’s Written
Statement" form only, must be signed by the physician, and must include certification that:

                      (A) the applicant or physician completed, and the physician reviewed, the
standardized medical questionnaire and work history per 40 CFR §1910.134, Appendix C;

                      (B) if the applicant is employed, the applicant’s employer provided, and
the physician reviewed, the description of the applicant's duties as they relate to exposure to
airborne hazardous and/or nuisance materials, the anticipated exposure level, the personal
protective and respiratory equipment to be utilized by the applicant, and information from
previous medical examinations of the applicant that is not otherwise available to the physician;

                     (C) the physician performed a physical examination on the applicant, with
emphasis on the pulmonary and cardiovascular systems.

                       (D) the applicant was given pulmonary function tests of forced vital
capacity (FVC) and forced expiratory volume at one second (FEV 1) in accordance with
National Institute of Occupational Safety and Health and American Thoracic Society standards;
and

                      (E) the physician informed the applicant of the results of the physical
examination and, if the applicant is employed, of any medical conditions that might result from
exposure to hazardous and/or nuisance airborne materials during performance of the applicant’s
job duties;

               (3) if the application is for an initial mold assessment consultant license:

                       (A) verifiable evidence that the applicant meets at least one of the
eligibility requirements under paragraph (c)(2) of this section;

                      (B) a copy of a certificate of training indicating successful completion
within the past 12 months of an initial training course for mold assessment consultants offered by
a department-accredited training provider as described in §295.330(d) of this chapter (relating to
Training: Required Mold Training Courses); and

                      (C) proof of successfully passing the department examination for mold
assessment consultants;

                (4) if the application is for renewal of a mold assessment consultant license, a
copy of a certificate of training indicating successful completion within the past 12 months of a
refresher training course for mold assessment consultants offered by a department-accredited



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training provider as described in §295.330(i) of this chapter (relating to Training: Required Mold
Training Courses);

                (5) a copy of the wallet-size photo-identification card from the training course as
required from all trainers in Texas in accordance with §295.331(f)(2) of this chapter (relating to
Training: Approval of Training Courses). Persons submitting out-of-state training certificates
with their applications may obtain the necessary photo identification when attending the
mandatory course on Texas mold rules required in accordance with §295.XXX of this chapter
(relating to Training: Required Mold Training Courses); and

               (6) a current one-inch by one-inch photograph of the face. The photograph
submitted to the department for licensing purposes must have a white background.

       (h) Insurance. A licensed mold assessment consultant performing work for hire must
obtain professional liability coverage in the amount of $1 million for errors and omissions, or be
covered under his/her employer's policy, as specified in §295.308 of this chapter (relating to
Licensing: Insurance Requirements).

       (i) Responsibilities. A licensed mold assessment consultant shall:

               (1) preserve public health and provide consultation to diminish or eliminate
hazards or potential hazards caused by the presence of mold growth in buildings;

               (2) provide professional services to building owner, manager, or occupant
concerning mold assessment surveys, assessment of building conditions that have contributed to
or might contribute to mold growth, guidance in proper building operations and maintenance to
prevent mold growth, and compliance with work practices and standards;

               (3) comply with standards of operation, as described in §§295.320-295.326 of this
chapter;

                (4) comply with guidelines for sampling protocols as presented in training course
materials or as required by the mold assessment company by whom he/she is employed;

               (5) collect bulk, non-bulk, and air samples as specified by appropriate sampling
procedures;

               (6) use appropriate sampling techniques during area clearance sampling;

               (7) ensure that all individuals who will conduct activities specified under
paragraph (2) of this subsection are provided with, fit tested for, and trained in the correct use of
personal protection equipment appropriate for the activities to be performed;

             (8) correctly use appropriate personal protective equipment while performing
mold assessment activities himself/herself;



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              (9) provide to a client a mold remediation protocol or a work analysis for a mold
remediation project before the mold remediation begins;

              (10) fairly and fully represent the interests of a building owner, manager, or
occupant who retains him/her to do so during the conduct of a mold remediation project,
including consulting with mold remediation personnel, requiring compliance with regulations
and specifications, requiring remedy of infractions, maintaining progress records and
photographs as necessary, and ensuring waste disposal is according to applicable regulations;

             (11) complete applicable sections on a certificate of mold remediation as specified
under §295.329 of this chapter (relating to Certificate of Mold Remediation: Duty of Property
Owner);

               (12) adhere to the code of ethics prescribed by §295.332 of this chapter (relating
to Code of Ethics and Professional Responsibility);

              (13) cooperate with department personnel in the discharge of their official duties
to conduct inspections and investigations, as described in §295.336 of this chapter (relating to
Compliance: Inspections and Investigations);and

               (14) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).


       (j) Approval by Professional Engineer. If a mold remediation project includes alterations
to a building's structure, its electrical, mechanical, or safety systems, or their components, a
licensed mold assessment consultant, in conjunction with or who is a registered Professional
Engineer (PE) in Texas, must prepare the appropriate plans and specifications as required by the
Texas Engineering Practice Act (Occupations Code, Chapter 1001) and the rules of the Texas
Board of Professional Engineers.

       (k) Signature.

                (1) All reports of mold assessments conducted by a licensed mold assessment
consultant must be signed by the mold assessment consultant and include the mold assessment
consultant's license number and license expiration date.

              (2) All reports of mold assessments conducted by a licensed mold assessment
technician must:

                        (A) be signed by the mold assessment technician;

                        (B) be signed by a licensed mold assessment consultant who:

                               (i) supervises the mold assessment technician; or



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                          (ii) is the responsible person for the licensed mold assessment
company employing the mold assessment technician; and

                     (C) include the license number and license expiration date for both the
mold assessment technician and the mold assessment consultant.

              (3) All mold management plans prepared by a mold assessment consultant must
be signed by the mold assessment consultant and include the mold assessment consultant's
license number and license expiration date.

                (4) All mold remediation project work analyses prepared by a mold assessment
consultant must be signed on every page that addresses the scope of work and on all drawings
related to the remediation work. The cover page shall also include the mold assessment
consultant's signature, license number and license expiration date. Plans and specifications that
are used by another consultant, or assessment company, to monitor a project, shall be reviewed,
deletions and/or additions made, and signed in the same manner, indicating acknowledgment of
their adequacy and the assumption for the responsibility related to the content contained therein.

                (5) All mold remediation work analyses prepared in accordance with subsection
(j) of this section must be signed on every page that addresses the scope of work and on all
drawings related to the remediation work by both the licensed mold assessment consultant and
the registered professional engineer who prepared them. The cover page shall also include the
licensed mold assessment consultant's signature, license number and license expiration date and
the registered professional engineer’s signature, registration number and registration expiration
date.


§295.313. Mold Assessment Company: License Requirements.

        (a) Licensing Requirements. A company performing mold assessment work and
employing a mold assessment consultant and one or more additional mold assessment
consultants or mold assessment technicians must be licensed as a mold assessment company. A
license may not be transferred to another company that has bought a licensed mold assessment
company. A mold assessment company must apply for a new license within 60 days of a change
of ownership. A licensed mold assessment company that changes its name must notify the Texas
Department of Health (department) within 60 days of the change and submit to the department a
processing fee of $50 and a name change application. An organization desiring to be licensed as
a mold assessment company shall designate one or more individuals licensed as mold assessment
consultants as its responsible person(s) who shall have responsibility for the organization's mold
assessment activity.

        (b) Authorization and Conditions. A licensed mold assessment company is specifically
authorized to employ mold assessment consultants and mold assessment technicians who are
currently licensed under these sections to assist in the conduct and fulfillment of the company's
mold assessment activity, as necessary. As a condition of licensure, a mold assessment company
must:


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                (1) have, at each office in the state that conducts mold assessment activities, at
least one licensed mold assessment consultant in residence who is responsible for conducting the
mold assessment activities. Offices that do not conduct mold assessment activities and do not
advertise such services are exempt from this requirement;

              (2) notify the department in writing of any additions or deletions of individual
licensed mold assessment consultants as responsible persons within 10 days of such occurrences;

               (3) refrain entirely from mold assessment activity at any office during any period
without the active employment of at least one individual licensed mold assessment consultant
designated as the responsible person at that location; and

               (4) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).

       (c) Eligibility for Licensing. To be eligible for licensing, an applicant must:

               (1) employ at least one licensed mold assessment consultant; and

                (2) maintain an office in Texas, as defined in §295.302(41) of this chapter
(relating to Definitions).

       (d) Qualifications. An applicant for a mold assessment company license must have:

                (1) a certificate of good standing, issued by the Texas State Comptroller's Office,
if the applicant is a Texas company;

             (2) a certificate of authority issued by the Texas Secretary of State authorizing the
company to do business in the state, if the mold analysis company is situated outside the State of
Texas;

               (3) a State of Texas sales tax account number for the applicant company;

               (4) professional liability insurance for errors and omissions in the amount of at
least $1 million to cover the mold assessment consultants and mold assessment technicians in its
employ; and

               (5) workers’ compensation insurance issued by a company authorized and
licensed to issue workers’ compensation insurance in this state and written in this state on the
Texas form, or evidence of self-insurance, if workers’ compensation insurance is required by a
plan developed under §295.312(b)(1) of this chapter (relating to Mold Assessment Consultant:
Licensing Requirements) or by a building owner, manager, or occupant who contracts with the
mold assessment company for mold assessment services.

       (e) Expiration of licenses. A mold assessment company license:


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               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (f) Fees. The fee for a mold assessment company license is as follows:

               (1) for an initial license issued before January 1, 2005 - $500;

               (2) for an initial license issued on or after January 1, 2005 - $1000; and

               (3) for the renewal of a license - $1000, except:

                       (A) for the renewal of a license that has been expired for 90 days or less -
$1500; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $2000.

        (g) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold assessment company license, shall submit the following to the department:

             (1) a complete application, on a department-provided form, for licensing as a
mold assessment company;

               (2) if the applicant is a Texas company, a copy of the certificate of good standing
required under paragraph (d)(1) of this section;

                (3) if the applicant is situated outside the State of Texas, a copy of the certificate
of authority required under paragraph (d)(2) of this section;

               (3) the sales tax number required under paragraph (d)(3) of this section;

                 (4) evidence of the professional liability insurance required under paragraph
(d)(4) of this section;

                 (5) evidence of the workers’ compensation insurance required under paragraph
(d)(5) of this section;




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              (6) a written respiratory protection plan to be maintained and adhered to during
periods of mold assessment activities;

              (7) a description of protective clothing and respirators that will be used by
employees of the company;

                (8) a description of provisions for record keeping;

                (9) a list of mold assessment projects completed during the past two years;

              (10) a list of inspections by other state and federal agencies of the projects listed
under paragraph (9) of this subsection;

               (11) copies of all citations issued to the company in connection with the activities
listed under paragraphs (9) and (10) of this subsection; and

               (12) the name and license number of each licensed mold assessment consultant
designated by the applicant as a responsible person.

       (h) Responsibilities. A licensed mold assessment company shall be responsible for:

               (1) recordkeeping requirements, at both central office and work site locations, as
described in §295.328 of this chapter (relating to Recordkeeping);

              (2) providing to a client a mold remediation protocol or a work analysis for a
mold remediation project before the mold remediation begins;

                (3) complying with standards of operation, as described in §§295.320-295.326 of
this chapter;

               (4) ensuring that all employees who will conduct mold assessment activities are
provided with, fit tested for, and trained in the correct use of personal protection equipment
appropriate for the activities to be performed;

               (6) ensuring that the training and license of each licensed employee is current, as
described in §295.330 of this chapter (relating to Training: Required Mold Training Courses),
and the annual physical examinations; including respiratory clearance protocols

              (7) assisting department personnel in the discharge of their official duties to
conduct inspections and investigations, as described in §295.336 of this chapter (relating to
Compliance: Inspections and Investigations);

                (8) maintaining liability insurance, as described in §295.308 of this chapter
(relating to Licensing and Registration: Insurance Requirements);




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               (9) maintaining workers’ compensation insurance issued by a company licensed
to do business in this state, and written in this state on a form prepared by the Texas Department
of Insurance, or evidence of self-insurance, if required by contract specifications or a building;
and

                (10) refraining from engaging in activity prohibited under §295.305(a) of this
chapter (relating to Conflict of Interest and Disclosure Requirement).



§295.314. Mold Remediation Worker: Registration Requirements.

       (a) Registration Requirement. An individual must be registered as a mold remediation
worker in compliance with these sections to perform mold remediation work, except that an
individual licensed under §295.315 of this chapter (relating to Mold Remediation Supervisor:
Licensing Requirements) or §295.316 of this chapter (relating to Mold Remediation Contractor:
Licensing Requirements) is not required to be separately licensed under this section.

       (b) Qualifications. An applicant for a mold remediation worker registration must:

               (1) be at least 18 years of age;

               (2) be eligible to work in the United States;

               (3) be employed by a licensed mold remediation company;

               (4) be medically able to use any personal protective equipment, including
respiratory protection, required for the safe performance of mold remediation activities;

               (5) if the application is for an initial registration, successfully complete an initial
mold remediation worker course offered by a department-accredited or department-approved
training provider and receive a course-completion certificate; and

                (6) no sooner than 12 months prior to the registration’s expiration date, if the
application is for renewal of the registration, successfully complete a refresher mold remediation
worker course offered by a department-accredited or department-approved training provider and
receive a course-completion certificate.

       (c) Expiration of Registrations. A mold remediation worker registration:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.


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       (d) Fees. The fee for a mold remediation worker registration is as follows:

               (1) for an initial registration issued before January 1, 2005 - $50;

               (2) for an initial registration issued on or after January 1, 2005 - $100; and

               (3) for the renewal of a registration - $100, except:

                      (A) for the renewal of a registration that has been expired for 90 days or
less - $150; and

                       (B) for the renewal of a registration that has been expired for more than 90
days but less than 1 year - $200.

        (e) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold remediation worker registration, shall submit the following to the department:

              (1) a complete application, on a department-provided form, for registration as a
mold remediation worker;

               (2) an acceptable written opinion of a physical examination of the applicant
within the past 12 months that was performed by a physician in accordance with Occupational
Safety and Health Administration of the United States Department of Labor (OSHA) regulations
in 29 Code of Federal Regulations (CFR), §1910.134(e), relating to medical evaluation. This
opinion must be submitted on the Texas Department of Health (department) "Physician’s Written
Statement" form only, must be signed by the physician, and must include certification that:

                      (A) the applicant or physician completed, and the physician reviewed, the
standardized medical questionnaire and work history per 29 CFR §1910.134, Appendix C;

                      (B) if the applicant is employed, the applicant’s employer provided, and
the physician reviewed, the description of the applicant's duties as they relate to exposure to
hazardous and/or nuisance materials, the anticipated exposure level, the personal protective and
respiratory equipment to be utilized by the applicant, and information from previous medical
examinations of the applicant that is not otherwise available to the physician;

                     (C) the physician performed a physical examination on the applicant, with
emphasis on the pulmonary and cardiovascular systems;

                   (D) the applicant was given pulmonary function tests of forced vital
capacity (FVC) and forced expiratory volume at one second (FEV 1) in accordance with



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National Institute of Occupational Safety and Health and American Thoracic Society standards;
and

                      (E) the physician informed the applicant of the results of the physical
examination and, if the applicant is employed, of any medical conditions that might result from
exposure to hazardous and/or nuisance materials during performance of the applicant’s job
duties;

                 (3) if the application is for an initial mold remediation worker registration, a copy
of a certificate of training indicating successful completion within the past 12 months of an
initial training course for mold remediation workers offered by a department-accredited training
provider as described in §295.330(e) of this chapter (relating to Training: Required Mold
Training Courses);

               (4) if the application is for renewal of a mold remediation worker registration, a
copy of a certificate of training indicating successful completion within the past 12 months of a
refresher training course for mold remediation workers offered by a department-accredited
training provider as described in §295.330(i) of this chapter (relating to Training: Required Mold
Training Courses) ;

                (5) a copy of the wallet-size photo-identification card from the training course as
required from all trainers in Texas in accordance with §295.331(f)(2) of this chapter (relating to
Training: Approval of Training Courses). Persons submitting out-of-state training certificates
with their applications may obtain the necessary photo identification when attending the
mandatory course on Texas mold rules required in accordance with §295.330(h) of this chapter
(relating to Training: Required Mold Training Courses); and

               (6) a current one-inch by one-inch photograph of the face. The photograph
submitted to the department for licensing purposes must have a white background.

       (f) Responsibilities. A registered mold remediation worker shall:

              (1) Use appropriate remediation techniques as specified in the mold remediation
protocol governing the remediation activity;

             (2) correctly use appropriate personal protective equipment while performing
mold assessment activities;

              (3) adhere to the code of ethics prescribed by §295.332 of this chapter (relating to
Code of Ethics and Professional Responsibility);

              (4) cooperate with department personnel in the discharge of their official duties to
conduct inspections and investigations, as described in §295.336 of this chapter (relating to
Compliance: Inspections and Investigations); and




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               (5) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).


       (g) Prohibitions.     The following specific prohibitions apply to registered mold
remediation workers:

              (1) mold remediation workers are prohibited from performing mold remediation
except under the direct supervision of a licensed mold remediation supervisor or mold
remediation contractor; and

                (2) mold remediation workers are prohibited from engaging in any mold-related
activity as a supervisor or contractor.


§295.315. Mold Remediation Supervisor: Licensing Requirements.

        (a) Licensing Requirement. An individual must be licensed as a mold remediation
supervisor in compliance with this subchapter to engage in the supervision of a mold remediation
project, except that an individual licensed under §295.316 of this chapter (relating to Mold
Remediation Contractor: Licensing Requirements) is not required to be separately licensed under
this section. An individual licensed as a mold remediation supervisor is not required to be
separately registered as a mold remediation worker under §295.314 of this chapter (relating to
Mold Remediation Worker: Registration Requirements) to perform mold remediation work.

         (b) Scope. An individual licensed under this section may perform mold remediation
activities and may supervise registered mold remediation workers in the performance of such
activities.

       (c) Qualifications. An applicant for a mold remediation supervisor license must:

              (1) be at least 18 years of age;

              (2) have obtained a high school diploma or General Educational Development
(GED) certificate;

              (3) be eligible to work in the United States;

                (4) maintain an office in Texas, as defined in §295.302(41) of this chapter
(relating to Definitions), or be employed by a licensed mold remediation company;

               (5) be medically able to use any personal protective equipment, including
respiratory protection, required for the safe performance of mold remediation activities;

              (6) meet or exceed the following experience requirements:



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                       (A) one year of experience in the mold remediation industry; or

                    (B) at least two years experience in a related field (e.g. lead, asbestos, or
environmental remediation work), or in the building construction trades;

               (7) if the application is for an initial license:

                     (A) successfully complete an initial mold remediation supervisor course
offered by a department-accredited or department-approved training provider and receive a
course-completion certificate; and

                      (B) pass the department-administered exam for licensed mold remediation
supervisors with a score of at least 70%, within 12 months of completing the course required
under subparagraph (A) of this paragraph; and

               (8) no sooner than 12 months prior to the license’s expiration date, if the
application is for renewal of the license, successfully complete a refresher mold remediation
supervisor course offered by a department-accredited or department-approved training provider
and receive a course-completion certificate.

       (d) Expiration of Licenses. A mold remediation supervisor license:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (e) Fees. The fee for a mold remediation supervisor license is as follows:

               (1) for an initial license issued before January 1, 2005 - $150;

               (2) for an initial license issued on or after January 1, 2005 - $300; and

               (3) for the renewal of a license - $300, except:

                       (A) for the renewal of a license that has been expired for 90 days or less -
$450; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $600.

       (f) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter


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(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold remediation supervisor license, shall submit the following to the department:

              (1) a complete application, on a department-provided form, for licensing as a
mold remediation supervisor;

               (2) an acceptable written opinion of a physical examination of the applicant
within the past 12 months that was performed by a physician in accordance with Occupational
Safety and Health Administration of the United States Department of Labor (OSHA) regulations
in 29 Code of Federal Regulations (CFR), §1910.134(e), relating to medical evaluation. This
opinion must be submitted on the Texas Department of Health (department) "Physician’s Written
Statement" form only, must be signed by the physician, and must include certification that:

                      (A) the applicant or physician completed, and the physician reviewed, the
standardized medical questionnaire and work history per 29 CFR §1910.134, Appendix C;

                      (B) if the applicant is employed, the applicant’s employer provided, and
the physician reviewed, the description of the applicant's duties as they relate to exposure to
hazardous and/or nuisance materials, the anticipated exposure level, the personal protective and
respiratory equipment to be utilized by the applicant, and information from previous medical
examinations of the applicant that is not otherwise available to the physician;

                     (C) the physician performed a physical examination on the applicant, with
emphasis on the pulmonary and cardiovascular systems;

                       (D) the applicant was given pulmonary function tests of forced vital
capacity (FVC) and forced expiratory volume at one second (FEV 1) in accordance with
National Institute of Occupational Safety and Health and American Thoracic Society standards;
and

                      (E) the physician informed the applicant of the results of the physical
examination and, if the applicant is employed, of any medical conditions that might result from
exposure to hazardous and/or nuisance materials during performance of the applicant’s job
duties;

               (3) if the application is for an initial mold remediation supervisor license:

                     (A) verifiable evidence that the applicant meets the eligibility
requirements under paragraphs (c)(2) and (c)(6) of this section;

                      (B) a copy of a certificate of training indicating successful completion
within the past 12 months of an initial training course for mold remediation supervisors offered
by a department-accredited training provider as described in §295.330(f) of this chapter (relating
to Training: Required Mold Training Courses); and




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                     (C) proof of successfully passing the department examination for mold
remediation supervisors;

                (4) if the application is for renewal of a mold remediation supervisor license, a
copy of a certificate of training indicating successful completion within the past 12 months of a
refresher training course for mold remediation supervisors offered by a department-accredited
training provider as described in §295.330(i) of this chapter (relating to Training: Required Mold
Training Courses) ;

                (5) a copy of the wallet-size photo-identification card from the training course as
required from all trainers in Texas in accordance with §295.331(f)(2) of this chapter (relating to
Training: Approval of Training Courses). Persons submitting out-of-state training certificates
with their applications may obtain the necessary photo identification when attending the
mandatory course on Texas mold rules required in accordance with §295.330(h) of this chapter
(relating to Training: Required Mold Training Courses); and

               (6) a current one-inch by one-inch photograph of the face. The photograph
submitted to the department for licensing purposes must have a white background.

       (h) Responsibilities. A licensed mold remediation supervisor shall:

              (1) Perform mold remediation activities only as an employee of a licensed mold
remediation company;

               (2) comply with work practices, as described in §§295.320-295.326 of this
chapter;

               (3) use appropriate techniques during mold remediation activities;

              (4) ensure that mold remediation workers under his/her supervision have been
supplied with and have been trained in the proper use of appropriate personal protective
equipment and supervise their compliance during the performance of mold remediation
activities;

             (5) correctly use appropriate personal protective equipment himself/herself while
performing mold remediation activities;

                (6) maintain records at the work site location as described in §295.328 of this
chapter (relating to Recordkeeping);

              (7) adhere to the code of ethics prescribed by §295.332 of this chapter (relating to
Code of Ethics and Professional Responsibility);

              (8) cooperate with department personnel in the discharge of their official duties to
conduct inspections and investigations, as described in §295.336 of this chapter (relating to
Compliance: Inspections and Investigations); and


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               (9) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).



§295.316. Mold Remediation Contractor: Licensing Requirements.

       (a) Licensing requirements. An individual must be licensed as a mold remediation
contractor to manage mold remediation projects. A person employing a mold remediation
contractor (including himself or herself, if the person is an individual) may not hire another
individual mold remediation contractor, a mold remediation supervisor, or a mold remediation
worker without obtaining a mold remediation company license. An individual licensed as a
mold remediation supervisor is not required to be separately registered as a mold remediation
worker under §295.314 of this chapter (relating to Mold Remediation Worker: Registration
Requirements) to perform mold remediation work or as a mold remediation supervisor under
§295.315 of this chapter (relating to Mold Remediation Supervisor: Licensing Requirements) to
supervise mold remediation work.

       (b) Scope. An individual licensed under this section may provide or perform mold
remediation services including:

               (1) preparing a mold remediation work plan providing instructions for the
remediation efforts to be performed for a mold remediation work project;

               (2) conducting activities recommended in a plan developed under paragraph (1) of
this subsection, including any of the activities allowed of a licensed mold remediation supervisor
under §295.315 of this chapter (relating to Mold Remediation Supervisor: Licensing
Requirements) or a registered mold remediation worker under §295.314 of this chapter (relating
to Mold Remediation Worker: Registration Requirements);

              (3) supervising a licensed mold remediation supervisor or a registered mold
remediation worker;

               (4) interpreting the results of activities conducted under paragraph (2) of this
subsection; and

               (5) consulting with an owner, manager, or occupant of a building about any of the
activities permitted under this section.

       (c) Qualifications. An applicant for a mold assessment consultant license must:

                (1) be at least 18 years of age;

                (2) meet or exceed at least one of the following education and/or experience
requirements:


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                        (A) a bachelor’s degree and at least one year of experience in a related
field (e.g. lead, asbestos, public health, industrial hygiene, environmental remediation work, or
building construction trades); or

                        (B) an associate’s degree and at least two years of experience in a related
field (e.g. lead, asbestos, public health, industrial hygiene, environmental remediation work, or
building construction trades); or

                       (C) a high school diploma (or equivalent), plus at least three years of
experience in a related field (e.g. lead, asbestos, public health, industrial hygiene, environmental
remediation work, or building construction trades); or

                        (D) certification as an industrial hygienist, a professional engineer, a
public health nurse, a professional registered sanitarian, a certified safety professional, a
registered architect, or an environmental scientist.

               (3) be eligible to work in the United States;

                (4) maintain an office in Texas, as defined in §295.302(41) of this chapter
(relating to Definitions), or be employed by a licensed mold remediation company;

               (5) be medically able to use any personal protective equipment, including
respiratory protection, required for the safe performance of mold assessment activities;

               (6) if the application is for an initial license:

                     (A) successfully complete an initial mold remediation contractor course
offered by a department-accredited or department-approved training provider and receive a
course-completion certificate; and

                      (B) pass the department-administered exam for licensed mold remediation
contractors with a score of at least 70%, within 12 months of completing the course required
under subparagraph (A) of this paragraph; and

               (7) no sooner than 12 months prior to the license’s expiration date, if the
application is for renewal of the license, successfully complete a refresher mold remediation
contractor course offered by a department-accredited or department-approved training provider
and receive a course-completion certificate.

       (d) Expiration of licenses. A mold remediation contractor license:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and




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              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (e) Fees. The fee for a mold remediation contractor license is as follows:

              (1) for an initial license issued before January 1, 2005 - $300;

              (2) for an initial license issued on or after January 1, 2005 - $600; and

              (3) for the renewal of a license - $600, except:

                      (A) for the renewal of a license that has been expired for 90 days or less -
$900; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $1200.

        (g) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold remediation contractor license, shall submit the following to the department:

              (1) a complete application, on a department-provided form, for licensing as a
mold remediation contractor;

               (2) an acceptable written opinion of a physical examination of the applicant
within the past 12 months that was performed by a physician in accordance with Occupational
Safety and Health Administration of the United States Department of Labor (OSHA) regulations
in 29 Code of Federal Regulations (CFR), §1910.134(e), relating to medical evaluation. This
opinion must be submitted on the Texas Department of Health (department) "Physician’s Written
Statement" form only, must be signed by the physician, and must include certification that:

                      (A) the applicant or physician completed, and the physician reviewed, the
standardized medical questionnaire and work history per 29 CFR §1910.134, Appendix C;

                      (B) if the applicant is employed, the applicant’s employer provided, and
the physician reviewed, the description of the applicant's duties as they relate to exposure to
hazardous and/or nuisance materials, the anticipated exposure level, the personal protective and
respiratory equipment to be utilized by the applicant, and information from previous medical
examinations of the applicant that is not otherwise available to the physician;

                     (C) the physician performed a physical examination on the applicant, with
emphasis on the pulmonary and cardiovascular systems;




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                       (D) the applicant was given pulmonary function tests of forced vital
capacity (FVC) and forced expiratory volume at one second (FEV 1) in accordance with
National Institute of Occupational Safety and Health and American Thoracic Society standards;
and

                      (E) The physician informed the applicant of the results of the physical
examination and, if the applicant is employed, of any medical conditions that might result from
exposure to hazardous and/or nuisance materials during performance of the applicant’s job
duties;

               (3) if the application is for an initial mold remediation contractor license:

                       (A) verifiable evidence that the applicant meets at least one of the
qualification under paragraph (c)(2) of this section;

                      (B) a copy of a certificate of training indicating successful completion
within the past 12 months of an initial training course for mold remediation contractors offered
by a department-accredited training provider as described in §295.330(g) of this chapter (relating
to Training: Required Mold Training Courses); and

                      (C) proof of successfully passing the department examination for mold
remediation contractors;

                (4) if the application is for renewal of a mold remediation contractor license, a
copy of a certificate of training indicating successful completion within the past 12 months of a
refresher training course for mold remediation contractors offered by a department-accredited
training provider as described in §295.330(i) of this chapter (relating to Training: Required Mold
Training Courses) ;

                (5) a copy of the wallet-size photo-identification card from the training course as
required from all trainers in Texas in accordance with §295.331(f)(2) of this chapter (relating to
Training: Approval of Training Courses). Persons submitting out-of-state training certificates
with their applications may obtain the necessary photo identification when attending the
mandatory course on Texas mold rules required in accordance with §295.330(h) of this chapter
(relating to Training: Required Mold Training Courses); and

               (6) a current one-inch by one-inch photograph of the face. The photograph
submitted to the department for licensing purposes must have a white background.

       (h) Insurance. A licensed mold remediation contractor performing work for hire must
obtain professional liability coverage in the amount of $1 million for errors and omissions, or be
covered under his/her employer's policy, as specified in §295.308 of this chapter (relating to
Licensing: Insurance Requirements).

       (i) Responsibilities. The mold remediation contractor shall be responsible for:



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               (1) accurate interpretation of field notes, drawings, sample results, and reports
relating to mold assessments;

                (3) advising clients about options for mold remediation;

              (4) providing to a client a mold remediation protocol or a work analysis for a
mold remediation project before the mold remediation begins;

                (5) complying with standards of operation, as described in §§295.320-295.326 of
this chapter;

               (5) comply with guidelines for remediation protocols as presented in training
course materials or as required by the mold remediation company by whom he/she is employed;

               (6) ensuring that all individuals who will conduct activities specified under
paragraph (4) of this subsection are provided with, fit tested for, and trained in the correct use of
personal protection equipment appropriate for the activities to be performed;

              (7) correctly using appropriate personal protective equipment while performing
mold remediation activities himself/herself;

               (8) fairly and fully represent the interests of a building owner, manager, or
occupant who hires him/her or his/her employer to oversee mold remediation work during the
conduct of a mold remediation project, including consulting with mold assessment personnel,
requiring compliance with regulations and specifications, requiring remedy of infractions,
maintaining progress records and photographs as necessary, and ensuring waste disposal is
according to applicable regulations;

             (9) complete applicable sections on a certificate of mold remediation as specified
under §295.329 of this chapter (relating to Certificate of Mold Remediation: Duty of Property
Owner);

               (10) adhering to the code of ethics prescribed by §295.332 of this chapter (relating
to Code of Ethics and Professional Responsibility);

               (11) cooperating with department personnel in the discharge of their official
duties to conduct inspections and investigations, as described in §295.336 of this chapter
(relating to Compliance: Inspections and Investigations); and

               (12) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).

       (j) Signature. All mold remediation work plans and specifications prepared by a licensed
mold remediation contractor must be signed on every page that addresses the scope of work and
on all drawings related to the remediation work. The cover page shall also include the mold
remediation contractor’s signature, license number and license expiration date.


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§295.317. Mold Remediation Company: Licensing Requirements.

        (a) Licensing Requirements. A company performing mold remediation work and
employing a mold remediation contractor and one or more additional mold remediation
contractors, mold remediation supervisors, or mold remediation workers must be licensed as a
mold remediation company. A license may not be transferred to another company that has
bought a licensed mold assessment company. A mold assessment company must apply for a new
license within 60 days of a change of ownership. A licensed mold assessment company that
changes its name must notify the Texas Department of Health (department) within 60 days of the
change and submit to the department a processing fee of $50 and a name change application. An
organization desiring to be licensed as a mold assessment company shall designate one or more
individuals licensed as mold assessment consultants as its responsible persons, who shall be
either principals or employees, and who shall have responsibility for the organization's mold
assessment activity.

       (b) Authorization and Conditions. A licensed mold remediation company is specifically
authorized to employ mold remediation contractors, mold remediation supervisors, and mold
remediation workers who are currently licensed or registered under this subchapter to assist in
the conduct and fulfillment of the company's mold remediation activity, as necessary. As a
condition of licensure, a mold remediation company must:

                (1) have, at each office in the state that conducts mold remediation activities, at
least one licensed mold remediation contractor in residence who is responsible for overseeing the
mold remediation activities. Offices that do not conduct mold remediation activities and do not
advertise such services are exempt from this requirement;

             (2) notify the department in writing of any additions or deletions of individual
licensed mold remediation contractors as responsible persons within 10 days of such
occurrences;

               (3) refrain entirely from mold remediation activity at any office during any period
without the active employment of at least one individual licensed mold remediation contractor
designated as the responsible person at that location; and

               (4) refrain from engaging in activity prohibited under §295.305(a) of this chapter
(relating to Conflict of Interest and Disclosure Requirement).

       (c) Eligibility for Licensing. To be eligible for licensing, an applicant must:

               (1) employ at least one licensed mold remediation contractor; and

                (2) maintain an office in Texas, as defined in §295.302(41) of this chapter
(relating to Definitions).



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       (d) Qualifications. An applicant for a mold remediation company license must have:

                (1) a certificate of good standing, issued by the Texas State Comptroller's Office,
if the applicant is a Texas company;

             (2) a certificate of authority issued by the Texas Secretary of State authorizing the
company to do business in the state, if the mold analysis company is situated outside the State of
Texas;

               (3) a State of Texas sales tax account number for the applicant company;

               (4) professional liability insurance for errors and omissions in the amount of at
least $1 million to cover the mold remediation contractors, mold remediation supervisors, and
mold remediation workers in its employ; and

               (5) workers’ compensation insurance issued by a company authorized and
licensed to issue workers’ compensation insurance in this state and written in this state on the
Texas form, or evidence of self-insurance, if workers’ compensation insurance is required by a
mold remediation work plan developed under §295.316(b)(1) of this chapter (relating to Mold
Remediation Contractors: Licensing Requirements) or by a building owner, manager, or
occupant who contracts with the mold remediation company for mold remediation services.

       (e) Expiration of Licenses. A mold remediation company license:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (d) Fees. The fee for a mold remediation company license is as follows:

               (1) for an initial license issued before January 1, 2005 - $500;

               (2) for an initial license issued on or after January 1, 2005 - $1000; and

               (3) for the renewal of a license - $1000, except:

                      (A) for the renewal of a license that has been expired for 90 days or less -
$1500; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $2000.




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        (e) Applications and Renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold assessment company license, shall submit the following to the department:

             (1) a complete application, on a department-provided form, for licensing as a
mold assessment company;

               (2) if the applicant is a Texas company, a copy of the certificate of good standing
required under paragraph (d)(1) of this section;

                (3) if the applicant is situated outside the State of Texas, a copy of the certificate
of authority required under paragraph (d)(2) of this section;

               (3) the sales tax number required under paragraph (d)(3) of this section;

                 (4) evidence of the professional liability insurance required under paragraph
(d)(4) of this section;

                 (5) evidence of the workers’ compensation insurance required under paragraph
(d)(5) of this section;

              (6) a written respiratory protection plan to be maintained and adhered to during
periods of mold assessment activities;

              (7) a description of protective clothing and respirators that will be used by
employees of the company;

               (8) a description of the site decontamination procedures;

               (9) a description of the procedures for handling waste containing mold;

               (10) a description of the removal methods;

               (11) a description of the air-monitoring procedures;

               (12) a description of final cleanup procedures;

               (13) A description of the provisions for record keeping;

               (14) a list of mold remediation projects completed in the past year;

              (15) a list of inspections by other state and federal agencies of the projects listed
under paragraph (14) of this subsection;



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               (16) copies of all citations issued to the company in connection with the activities
listed under paragraphs (14) and (15) of this subsection; and

               (17) the name and license number of each licensed mold remediation contractor
designated by the applicant as a responsible person.

       (f) Responsibilities. The mold remediation company shall be responsible for:

               (1) recordkeeping requirements, at both central office and work site locations, as
described in §295.328 of this chapter (relating to Recordkeeping);

                (2) required notification to the department about impending remediation projects,
changes requiring re-notification, and emergency notifications, as described in §295.327 of this
chapter (relating to Notifications);

              (3) providing to a client a mold remediation protocol or a work analysis for a
mold remediation project before the mold remediation begins;

                (4) complying with standards of operation, as described in §§295.320-295.326 of
this chapter;

               (5) ensuring that all employees who will conduct mold remediation activities are
provided with, fit tested for, and trained in the correct use of personal protection equipment
appropriate for the activities to be performed;

               (6) ensuring that the training and license or registration of each licensed or
registered employee is current, as described in §295.330 of this chapter (relating to Training:
Required Mold Training Courses), and the annual physical examinations; including respiratory
clearance protocols

              (7) assisting department personnel in the discharge of their official duties to
conduct inspections and investigations, as described in §295.336 of this chapter (relating to
Compliance: Inspections and Investigations);

                (8) maintaining liability insurance, as described in §295.308 of this chapter
(relating to Licensing and Registration: Insurance Requirements);

               (9) maintaining workers’ compensation insurance issued by a company licensed
to do business in this state, and written in this state on a form prepared by the Texas Department
of Insurance, or evidence of self-insurance, if required by contract specifications or a building.;
and

                (10) refraining from engaging in activity prohibited under §295.305(a) of this
chapter (relating to Conflict of Interest and Disclosure Requirement).




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§295.318. Mold Analysis Laboratory: Licensing Requirements.

        (a) Licensing Requirement. A person must be licensed in compliance with the provisions
of this section to engage in mold analysis activities. Branch offices that perform mold analysis
must fulfill the same equipment and operational standards as the main office that has been
licensed and must be separately accredited and licensed in accordance with subsection (c) of this
section for the types of analysis they will be performing. A license may not be transferred to
another company that has bought a licensed mold analysis laboratory. A mold analysis
laboratory must apply for a new license within 60 days of a change of ownership. A laboratory
that changes its name must notify the department within 60 days of the change and submit to the
department a processing fee of $20 and a name change application. An applicant desiring to be a
mold assessment laboratory shall designate one or more individuals as responsible persons, who
shall have responsibility for the mold assessment activity. A licensed mold analysis laboratory
must notify the department in writing of any additions or deletions responsible persons within 10
days of such occurrences.

       (b) Scope. A person licensed under this section may analyze bulk, non-bulk, and air
samples collected during a mold assessment to confirm the presence of, determine the identity of,
and determine the amount of mold present in the samples.

       (c) Qualifications. To be eligible for licensure, applicants must submit evidences of
accreditation or proficiency under at least one of the following:

             (1) accreditation by the American Industrial Hygiene Association (AIHA) under
the Environmental Microbiology Proficiency Analytical Testing program (EMPAT); or

               (2) accreditation by the AIHA under the Environmental Microbiology Laboratory
Accreditation Program (EMLAP).

       (d) Expiration of Licenses. A mold analysis laboratory license:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (e) Fees. The fee for a mold analysis laboratory license is as follows:

               (1) for an initial license issued before January 1, 2005 - $500;

               (2) for an initial license issued on or after January 1, 2005 - $1000; and

               (3) for the renewal of a license - $1000, except:


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                       (A) for the renewal of a license that has been expired for 90 days or less -
$1500; and

                       (B) for the renewal of a license that has been expired for more than 90
days but less than 1 year - $2000.

        (f) Applications and renewals. Applications shall be submitted as required by
§295.306(a) of this chapter (relating to Licensing and Registration: Applications and Renewals).
Out-of-state applicants must comply with all applicable provisions of §295.307 of this chapter
(relating to Licensing and Registration: Out-of-State Applicants). An applicant, in order to
qualify for a mold analysis laboratory license, shall submit the following to the department:

               (1) a complete application, on a department-provided form, for licensing as a
mold analysis laboratory;

               (2) evidence of laboratory accreditation and the most recently available results of
proficiency analytical testing in accordance with subsection (c) of this section;

               (3) if the applicant is a Texas corporation, a certificate of good standing, issued by
the Texas State Comptroller's Office;

               (4) If the applicant is situated outside the State of Texas, a certificate of authority
issued by the Texas Secretary of State authorizing the corporation to do business in the state;

               (5) professional liability insurance for errors and omissions in the amount of at
least $1 million when doing work for hire. An applicant that is a Texas corporation shall be
subject to the requirements under §295.308 of this chapter (relating to Licensing and
Registration: Insurance Requirements). An applicant situated in a State other than Texas shall
have insurance written under the rules of that State and shall be subject to all requirements under
§295.308 of this chapter except §295.308(a); and

                (6) workers’ compensation insurance. An applicant that is a Texas corporation
shall have workers’ compensation insurance issued by a company authorized and licensed to
issue workers’ compensation insurance in this state and written in this state on the Texas form, or
evidence of self-insurance. An applicant situated in a State other than Texas shall have workers’
compensation insurance written under the rules of that State, except that such insurance must be
at least in an amount and of a type that would be required if that applicant were situated in Texas.


§295.319.Mold Training Provider: Accreditation

        (a) Accreditation Requirement. A person must be accredited as a mold-training provider
in accordance with these sections to offer and to conduct mold training for fulfillment of specific
training requirements that are prerequisites to licensing or registration by the Texas Department
of Health (department).


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       (b) Expiration of Accreditation. A mold training provider accreditation:

               (1) issued before January 1, 2005, shall be valid for a period of one year from the
effective date and shall be renewable for the term provided under paragraph (2) of this
subsection; and

              (2) issued or renewed on or after January 1, 2005, shall be valid for a period of
two years from the effective date and shall be renewable.

       (c) Fees. The fee for a mold training provider accreditation is as follows:

               (1) for an initial accreditation issued before January 1, 2005 - $500;

               (2) for an initial accreditation issued on or after January 1, 2005 - $1000; and

               (3) for the renewal of an accreditation - $1000, except:

                      (A) for the renewal of an accreditation that has been expired for 90 days or
less - $1500; and

                       (B) for the renewal of an accreditation that has been expired for more than
90 days but less than 1 year - $2000.

        (d) Applications and renewals. Applications shall be submitted as required by §295.326.
of this chapter (relating to Accreditations and Registrations: Applications and Renewals).

       (e) Qualification. To qualify for an accreditation or registration, an applicant must
demonstrate to the department that they meet the applicable requirements. Documentation
required of applicants for accreditation as mold training providers is as follows.

                (1) Organization. There shall be a clear written description of the organization,
including the address of its central office and the names and addresses of its principals, and a
statement of intent concerning the courses and services to be offered. If the organization is
affiliated with or the subsidiary of another, a complete description of this arrangement is also
required. The organization shall designate a staff member as director in charge of mold training.

              (2) Equipment. There shall be a description of the items of instructional
equipment and accessories available to conduct the courses. The provider shall furnish adequate
equipment in good working order for each training session.

              (3) Advertising. Printed bulletins, brochures, or other promotional literature must
specify course prerequisites for admission, the content of the course, and requirements for
successful completion.




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                (4) Refund and cancellation policy. Each accredited training provider must have
a written policy concerning refunds and cancellations in both Spanish and English that is made
available to applicants prior to acceptance of fees for enrollment, and shall include the procedure
for notification by the trainee desiring to cancel.

               (5) Information requirements. The accredited training provider shall discuss and
inform each prospective trainee of the requirements for the category of license, registration
requirements qualifications he/she must have. The accredited training provider shall refund any
course-related fees a prospective trainee may have incurred due to a failure to provide this
information to the student. Necessary qualifications include the following.

               (6) Maximum trainee-instructor ratio. The maximum number of trainees in a
lecture session shall be 40. Hands-on training groups shall have no more than 15 trainees and
must be so arranged that each trainee be given individual attention.

              (7) Attendance and course completion standards.                    Attendance and course
completion standards are as follows.

                     (A) Attendance records in mold training courses shall be taken at the
beginning of each four-hour segment of course instruction. Control of exits and entrances shall
be maintained. A master attendance record shall be maintained for each session.

                       (B) A trainee is not eligible to complete a given course if more than 10%
of the session has been missed, and the qualifying exam shall not be offered in such instances.
The records of that session shall be marked to this effect. Remediation workers and mold
sampling technicians (restricted) shall be exempted from taking the department exam; workers
are required to provide proof of course completion from an accredited training provider and will
be registered by the department.

                        (C) An accredited training provider must certify each examination taken
by a trainee as to whether a minimum score of 70% correctly answered questions was achieved.
The accredited training provider shall have a written policy concerning the administration of
written examinations including allowing only one written re-examination per student for each
course. The use of the same questions for both the original and re-examination is not allowed.
Oral examinations are not allowed although the written examination questions and possible
answers may be read to a student who must mark his answer on an answer sheet. If a student
fails the written re-examination the student will have to repeat the course and pass the new
examination. An accredited training provider must certify that remediation workers and
registered mold sampling technicians have satisfactorily completed the course work to register
with the department. Registrants must provide documentation from accredited training provider
stating registrant has satisfactorily completed all accredited course objectives satisfactorily.

                (8) Training facilities. Training facilities used will be those commonly used and
accepted as classrooms or conference rooms. Classrooms must have restrooms available for the
students. Unacceptable classrooms are rooms, which by their arrangement or contents would
readily distract students, or rooms open to the general public


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                (9) Training requirements. Accredited training provider must provide each course
as a separate entity, as follows.

                       (A) Initial mold training courses shall not be combined with refresher
courses.

                      (B) Courses shall be conducted in only one language and not combined
with courses taught in another language, i.e., English or Spanish. All courses shall be taught in
English, except the mold remediation worker course. The remediation worker course may be
taught in another language, provided the instructor is fluent in the language, and books, training
materials, and examinations are in the same language.

                     (C) Basic or refresher courses shall be conducted in only one discipline
and not be combined with courses of other disciplines, i.e., a mold remediation worker course
and a contractor/supervisor course cannot be taught as a combined course. This prohibition
against combined training applies to hands-on training sessions as well as other aspects of the
course.

               (10) Methods of instruction. Standard methods of instruction are as follows.

                       (A) At least 50% of the classroom instruction and 100% of the hands-on
instruction will be conducted with instructors presenting the material.

                        (B) Training films and videotapes may be used to enhance understanding,
but they may not be used as a substitute for the formal class conducted by an accredited mold-
training instructor or the department’s required hands-on training. Any of these materials must
support and convey the understanding of the subject to the student.

               (11) Hours of operation. Classes will be conducted during scheduled hours as
noted in paragraph (e)(2) of this section. More than eight hours of training in a calendar day shall
not be authorized.

               (12) The applicant must submit the following with the application:

                     (A) Publications listed in §295.(d)(3) of this chapter (relating to Training:
Approval of Training Courses); and

                    (B) If the applicant is a Texas corporation, a certificate of good standing
issued by the Texas State Comptroller's Office must be submitted with the application for
accreditation; and

                       (C) If the applicant is a resident outside the State of Texas, a certificate of
authority issued by the Texas Secretary of State authorizing the corporation to do business in the
state, must be submitted with the application for a r accreditation is this allowed??



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       (f) Conditions of issuance. The following conditions and agreements shall apply to
issuance of accreditations under this section.

              (1) There shall be an agreement to send at least one course instructor to any
meeting held by the department for the purpose of ensuring quality training courses in mold
remediation/assessment related topics. There will be no more than two such meetings per year.

                (2) Course schedules shall be provided to the department 14 calendar days prior to
the start of any course on the schedule. Requests for exceptions to the 14 calendar day rule shall
be submitted in writing to the Indoor Air Quality Branch Training Coordinator along with a
written justification why the notice could not be submitted earlier. Approval for shorter notice
will be granted, if appropriate, in writing. The minimum time for course notification, when an
exception is granted, is 72 hours prior to the start of the course. If there is a cancellation of a
scheduled course, the department shall be notified in writing at least 24 hours in advance.
Facsimiles of cancellation notices will be accepted, but the training provider must follow-up with
an original cancellation notice with the signature of an authorized representative of the training
provider. In the event the instructor cannot provide written notice of cancellation at least 24
hours in advance, the instructor shall notify the department not later than two hours after the
scheduled class start time and provide a written explanation of the cancellation.

                (3) There shall be a description and an example of numbered certificates issued to
students who attend the course and pass the examination, and successfully complete the course
requirements. The uniquely numbered certificate must show the school's name, address,
telephone number, name of accredited person, discipline of the training course completed, name
of instructor, dates of the training course, expiration date of two years after the date upon which
the person successfully completed the course or examination, as applicable, and a statement that
the student passed the examination and the date it was taken. The certificate must include the
signature of the instructor and the signature of the course director, principal officer, owner, or
CEO, and a statement that the person receiving the certificate has completed the required training
for mold licensing, worker registration, and accreditation. Refresher certificates require all of the
above except the examination date.

                (4) Trainers may present other courses or seminars relevant to mold-related
activities including, but not limited to, courses on respirator training and compliance. The
department will not accredit such courses. Such courses and seminars may not be used for
refresher training credit.

       (g) Approval of course instructors and guest speakers. State-accredited instructors must
provide course instruction. The training provider shall submit a resume of each instructor and
guest speaker who will participate in conducting of any mold training course to be approved by
the department. Prior approval of instructors and guest speakers is required. The training
provider will notify the department of additions and deletions to their instructor roster within 15
working days of actual occurrence.

              (1) Instructor qualifications. Accredited training instructors shall be qualified in
any one of the categories in subparagraphs (A)-(D) of this paragraph. Training qualifications


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must be fully documented, and verifiable by the department. Instructors shall have current
accreditation training for the discipline in which the instructor desires to teach. The categories
include:

                        (A) At least two years of actual hands-on experience in mold-related
activities (remediation, assessment, or consulting for the subject which the instructor will teach,
and a high school diploma and completion of at least one teacher education course in vocational
or industrial teaching;

                       (B) Graduation from an accredited college or university with a bachelor's
degree in natural or physical sciences or a related field, with one year's hands-on experience in
mold-related activities (remediation, assessment, or consulting),

                        (C) At least three years teaching experience and completion of one or
more teacher education courses in vocational or industrial teaching from an accredited junior
college or university; or

                     (D) A vocational teacher with certification from the Texas Education
Agency with one year's hands-on experience in mold-related activities (remediation, assessment,
or consulting);

                       (E) Instructor qualifications. An accredited training provider must retain
copies of all instructors' resumes, and the documents approving each instructor issued by the
department. Accredited training instructors must be approved by the department before teaching
courses for accreditation purposes. A training provider must notify the department in advance
whenever it changes course instructors. Records must accurately identify the instructors that
taught each particular course for each date that a course is offered together with the course
student roster.

                (2) Professional references. Each instructor application shall include three
professional references attesting to teaching experience and mold-related qualifications. No more
than one reference will be accepted from an employee of the same company as the applicant.
References will be submitted on a form provided by the department, which will be completed by
the person providing the reference, and mailed directly to the department for inclusion with the
instructor application.

               (3) Guest speaker qualifications. Guest speakers must be qualified on an
individual basis of professional expertise for the purpose of teaching their specialty, such as law,
medicine, insurance, etc.

               (4) Complete applications. The department shall not accept any instructor or
guest speaker application until it is complete. The department shall reject any such application
that does not contain sufficient references to be fully verifiable.

               (5) Responsibilities. The mold-training provider shall be responsible for:



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                       (A) Complying with standards of operation, as described in §295 of this
chapter (relating to Training: Required Mold Training Courses);

                      (B) Presenting to students all course material as outlined in syllabus and as
represented to the department for approval;

                      (C) Providing a teaching environment, training, and testing as specified;

                       (D) Cooperating with department personnel in the discharge of their
official duties to conduct inspections and investigations as described in §295. of this chapter
(relating to Compliance: Inspections and Investigations); and

                     (E) Taking an aggressive approach in meeting the needs of the student to
include providing course review in preparation for the examination and specialized attention to
enhance comprehension.

                       (F) Examinations. A training provider must document that each person
who have successfully completed the course’s requirements in accordance with §295.326 of this
chapter (relating to Training: Required Mold Training Courses) and has achieved a passing score
on the written examination receives a certificate for an initial training course. These records
must include a copy of the exam and clearly indicate the date on which the exam was
administered, the training course and discipline for which the exam was given, the name of the
person who proctored the exam, and the name, examination answer sheet, and test score of each
person taking the exam. All information from the training course and examination, including the
topic and dates of the training course, must correspond to the information listed on each person's
accreditation certificate. All records required to be maintained under this section shall be
available for inspection by the department immediately upon conclusion of the course and
administration of the examination.


                 (6) Revocation or suspension of approval. The department may revoke or suspend
instructor approval if field site inspections or classroom audits indicate an instructor is not
providing training that meets the requirements of the department or these sections. Training
course sponsors shall permit department representatives to attend, evaluate, and monitor any
training course/instructor without charge. The inspection staff is not required to give advance
notice of their inspections.

        (h) Record keeping Requirements for Accredited Training Providers. All records shall be
kept in accordance with §295) of this chapter (relating to: Record keeping).


§295.320. General Work Standards and Procedures.

       (a) A person must be licensed or registered as stipulated in this subchapter in order to
perform mold-related activities unless exempted per §295.XXX of this chapter.



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       (b) Supervision.

               (1) Every mold-related project undertaken by a licensed mold remediation
contractor shall be supervised by at least one licensed mold remediation supervisor or contractor.

               (2) Mold remediation supervisors shall remain on the job site and in immediate
contact with those under their supervision during all periods of mold remediation activity.


               (3) For containment areas greater than 200 square feet, during every day of mold
remediation activity, from the start date and through the completion date of the project, a
licensed remediation supervisor or contractor shall be stationed within the containment area at
least 25% of the time for the purpose of supervising the remediation work.

               (4) Persons licensed under these subchapters shall require that operations at the
mold-related job site cease whenever hazardous or unlawful situations are detected, so as to
effect a remedy.

        (f) Records. Each licensee shall keep a complete record of each mold-related activity to
the extent of his or her participation. Such records shall be kept for 3 years. (Carolyn should this
be five years in case of slow lawsuit?) Each licensee shall also keep a copy of all violations
issued against him by the Occupational Safety and Health Administration of the United States
Department of Labor (OSHA), or a state agency. All required records shall be made available,
upon request, for inspection and review by the department. See §295.324 of this chapter (relating
to Recordkeeping) for specific requirements.

         (g) Compliance Inspections. Each licensee, accredited, or registrant shall assist and
cooperate with all properly identified representatives of the department in the conduct of mold
compliance inspections or investigations at all reasonable or necessary times, with or without
prior notice. Such inspections may be made at proposed, actual, or former sites of mold-related
activities, or of the premises, records, equipment and personnel of licensees or applicants, or of
those who have held active licenses previously. It is a violation to interfere with or delay an
inspection or investigation conducted by a department representative. A licensee, accredited, or
registered worker may not deny entry to a properly identified representative of the department.

        (h) Respiratory Protection Program. Each employer licensee shall be responsible for
establishing and maintaining a written respiratory protection program, as required by OSHA
regulations in 29 Code of Federal Regulations (CFR) §1910.134, as amended. Each employer
shall maintain a current copy of the respiratory protection program at all project locations. A
copy of 29 CFR 1910.134 is not acceptable as a written respiratory protection program.
Respirators shall be properly worn at all times in containment during actual mold remediation
activity.

       (i) Individual Respirator Fit. The licensee, accredited, or registrant must maintain in safe
working condition a sufficient number of respirators of the types and styles approved by the
National Institute of Occupational Safety and Health (NIOSH) to meet all anticipated


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requirements of his/her employees; and any employee whose facial characteristics, hair,
mustache, or beard preclude a tight fit of a negative-pressure respirator shall not be allowed to
enter the containment of a mold operation using this type of respirator.

        (j) Posting of documents. The following documents are required to be posted
conspicuously by licensees and registrants involved in the project to be visible at the entrance to
the regulated area and must not be covered by any other documents:

               (1) the mold information poster issued by the department; and

               (2) copies of any violations issued as evidenced by an order from the state-mold-
regulating authorities within the preceding 12 months from any mold project.

       (k) Documents required to be on-site are as follows:

               (1) all current licenses, registrations, and copies of accreditation certificates,
current "Physician's Written Statements", and current respirator fit-test records. The department-
licensed company is responsible for its employees’ documents to be on-site; and

               (2) a copy of the Remediation Scope of Work


§295.321 Minimum Work Practices or Procedures For Mold Assessment

       (a) Purpose. The purpose of a mold assessment is to determine the occurrence and extent
of mold growth in a building or in a specified area of a building that may present a health hazard
to occupants, the condition(s) that caused the mold growth, and to prepare a workplan that has
the procedures and corrective actions for the mold remediation company.

       (b) A licensed Mold Assessment Consultant/Company shall have written internal
Standard Operating Procedures and QA/QC program. The Standard Operating Procedures, at a
minimum, must include the following topics:
              (1) equipment use, calibration and maintenance (including equipment
decontamination procedures)

               (2) assessment methodology and test result interpretation


              (3) indoor mold assessment techniques, mold assessment of HVAC systems, mold
assessment of wall cavities

               (4) company communication policies

               (5) record keeping requirements



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              (6) safety plans for employees and building occupants

       (c) Sampling and Data Collection. The following items are required as a minimum for
sampling and data collection:

               (1) samples must be submitted to a laboratory licensed by the Texas Department
of Health (department) as per §295.318 of this chapter.

              (2) proper chain of custody procedures must always be used.

                (3) preservation methods shall be implemented for all samples where there is the
possibility that temperature changes en route to the laboratory may affect the samples.

              (4) sample procedures must be according to approved methods that avoid cross
contamination at the site or during shipment.

               (5) proper sample documentation, including location, material sampled, sample
number, date, sampler ID and project ID must be recorded for each sample.

      (d) Assessment Report. The mold assessment report shall include the following as a
minimum:

              (1) background and occupant interview information

               (2) description of the area(s) of building that the assessment may be limited to,
based on the building owner or manager’s directive to the assessor.

              (3) Investigation methodology

              (4) Visual observations and measurements

              (5) Analysis of the occurrence, related causes and any correlation between
occurrence and occupant complaints

              (6) Conclusions or Findings

              (7) Recommendations

              (8) References

              (9)Remediation plan as required based on analytical results

              (10) Photographs

              (11) Analytical results and signed chain of custody form(s)



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                 (12) Test reports for plumbing tests and/or HVAC mechanical tests, where
performed

              (13) Drawings indicating sample locations, observations, dimensions and
remediation plan drawings


§295.322 Planning And Designing Mold Remediation Plans

       (a) Objectives. The objectives to be considered in planning and designing a mold
remediation plan are as follows:
              (1)to insure that the causative factors of the mold growth are appropriately repaired.

              (2) To appropriately remove or clean building materials or contents with mold
growth and prevent ongoing potential occupant exposure from these surfaces.

                 (3) To clean surfaces with high mold spore concentration that may disperse into
the air.

                (4) To protect workers, occupants, and the public from exposure to excess
airborne particles and mold bioaerosols released during the remediation process.

                (5) To restore the building structure and its indoor air quality to the point where it
presents a safe environment to all building occupants.

       (b) Strategy. Stop potential exposures by removing mold and mold contaminated
materials from the building. Prevent recurrence of mold growth by intervening in the moisture
dynamic that caused the mold growth. All contributory water/moisture leaks/intrusion sources
(and sources of condensation or elevated humidity) from the building envelope, water sources, or
mechanical equipment should be identified and repaired prior to the commencement of
reconstruction.

           (c) Minimum Mold Remediation Plan Requirements

               (1) A remediation plan will contain the scope of work to be completed and must
define the objectives of the remediation, the areas and contents to be remediated, the procedures
to be followed by the remediation contractors, and the criteria by which a remediation will be
deemed to have been successful or unsuccessful.

                (2) Drawings. The remediation contractor will be provided with drawings or
plans that clearly identify the areas to be remediated. As a minimum, the drawings or plans must
clearly delineate the dimensions of areas to be the subject of remediation, including dimensions
of specific areas to be removed. The plans will incorporate a geographical directional indicator.

             (3) A sequence of events will be provided, beginning with the staging of
equipment and the work area, the sealing of HVAC systems and other critical areas not included


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in the scope of work, the removal or protective enclosure of contents, the erecting of critical
barriers or containments if applicable, the incorporation of negative air pressure, the
incorporation of air scrubbers, the order in which areas should be remediated (if applicable), and
post-remediation inspection procedures. For logistical reasons associated with each individual
project, the sequence of events may change.

                (4) Indoor environmental control requirements must be clearly stated, including as
applicable, the areas to be contained by critical barriers, type and installation of decontamination
chambers, humidity control (if recommended), and requirements for minimizing cross-
contamination, including maintaining negative air in the areas of containment and utilization of
air scrubbing equipment in non-contained areas of the premises.

                (5) Criteria for the completion of a remediation project must be clearly stated in
writing and understood prior to the start of the project, and must include the remedy of
water/moisture leaks/intrusion and sources of condensation or elevated humidity. The criteria
must state at a minimum the acceptable findings of the visual inspection; the types, numbers, and
locations of samples (if any) to verify that the environment has been returned to normal
conditions; the test results which will be deemed acceptable; and the conditions under which the
inspection and sampling will be performed.

                (6) Safety procedures and personal protective equipment (PPE) recommended
during remediation must be addressed in the remediation plan, including regulating access and
entry into the work area and posting of relevant Material Safety Data Sheets (MSDS).

              (7) Procedures for modifying plan (change orders). The plan must state that the
mold assessment consultant be contacted upon the discovery of hidden reservoirs of mold growth
that may revealed as affected building structures are removed. The mold assessment consultant
must confirm the new area, determine any additional containment measures, or remediation
measures that may be required and adjust the scope of work accordingly. The expansion of the
scope of work may also identify other causative factors of mold growth, which must be
addressed during the course of the remediation and prior to reconstruction.

        (d) Load-bearing structural members. When damaged load-bearing structural members
within a building are observed during a mold assessment or mold remediation project, a Texas
licensed Professional Engineer (PE) must be consulted to assess whether repair or replacement of
the affected structural member is warranted. Repairs must meet or exceed local and federal
building code requirements applicable to the area where the building is located.


§295.323 Minimum Standards For Mold Remediation

        (a) General provisions. The following general work practices are minimum requirements
for protection of public health, and do not constitute complete or sufficient specifications for a
mold remediation project. More detailed requirements in plans and specifications for a particular
remediation project, or requirements that address the unusual or unique circumstances of a



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project, may take precedence over the provisions of this section. The specifications written for
the remediation project shall also include the required air clearance procedures.

        (b) A mold assessment consultant who is licensed under §295.XXX of this chapter and is
a Professional Engineer (PE) or Certified Industrial Hygienist(CIH) may specify work practices
that vary from the requirements of this section as long as the work practices specified are at least
as protective of public health and are clearly described in the project notification submitted to the
Texas Department of Health (department). The burden of proof for establishing equivalent
protection rests with the mold assessment consultant. The Chief of the Indoor Air Quality
Branch, Toxic Substances Control Division, shall approve alternative control methods in writing
prior to the start of the mold remediation. An applicant should allow 30 days from the date of
submitting an alternative control method until final department approval or denial is issued.

         (c) A licensed mold assessor shall identify the source of the building’s water intrusion
and reported to the building owner or designated manager to have repaired as soon as feasible.
The assessor shall inform the owner or designated manager if the area and building’s
components impacted by the water intrusion shall be dried prior to start of the remediation
activities.

        (d) Remediation shall be conducted in accordance with in the Environmental Protection
Agency (EPA) document, EPA 402-K-01-001, Mold Remediation in Schools and Commercial
Buildings, Table II, March 2001. Additionally, the following procedures, if applicable to the
specific project, are required.

        (e) A post remediation assessment of the remediation area shall be made upon completion
of the mold remediation but before the containment is removed to determine if the project has
been properly conducted in accordance with the specifications and with applicable state
regulations and confirm that all mold has been properly remediated. A final visual will be
performed by the mold assessment consultant, once the mold remediation contractor has
removed all containment and other materials from the project site.

        (f) All samples, including clearance samples, shall be collected by a licensed mold
assessment consultant or by a licensed mold assessment technician who works under the
direction of the assessment consultant. The person collecting the samples will monitor the
sample pumps during the sampling period, or some other means of control will be established to
ensure the integrity of the samples and prevent tampering.

        (f) Occupants. Mold growth suspected to be related to occupant health concerns warrants
a higher level of attention to containment measures and remediation protocols if occupants are to
remain in the structure during the remediation process. Consideration shall be given to the
relocation of individuals during the remediation process in the following situations:

               (1) presence of immuno-compromised individual(s)

               (2) presence of asthmatic children



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               (3) presence of infants or elderly occupants

               (4)Individual hypersensitivity to exposure in affected building

        (g) Only licensed, accredited, or registered persons, responding emergency personnel
(police, fire, EMS, etc.), specialists required for assistance as determined by the consultant, or
appropriate governmental inspectors are allowed to enter containment areas. Property
owners/insurance adjusters shall schedule appointed times to enter the containment/worksite to
view progress or concerns with the mold assessment or remediation company. Property owners
shall wear respirators, protective clothing required by the mold assessment/remediation
company.

        (h) Containment barriers. Regulated areas within which mold remediation is to be
conducted shall be separated from adjacent areas by impermeable barriers such as plastic
sheeting attached securely in place. All openings between containment areas and adjacent areas,
including but not limited to windows, doorways, elevator openings, corridor entrances,
ventilation openings, drains, ducts, grills, grates, diffusers, and skylights, shall be sealed. All
penetrations that could permit air infiltration or air leaks through the barrier shall be sealed, with
exceptions of the make-up air provisions and the means of entry and exit.

       (i) Movable objects. All movable objects shall be removed from the containment area.
Cleaning of contaminated items shall be performed if the items are to be salvaged or reused. All
non-movable objects that remain in the containment area shall be covered with a minimum of
four-mil plastic sheeting, secured in place.

        (j) HVAC system equipment . All HVAC equipment in or passing through the work area
shall be shut down, and preventative measures taken to prevent accidental start-ups. All intake
and exhaust openings and any seams in system components shall be sealed with at least six-mil
sheeting and/or tape. All HVAC filters shall be disposed of as waste.

        (k) Containment-area ventilation. Units with HEPA filtration, and in sufficient number to
provide a negative pressure between the containment and the outside shall be operated
continuously for the duration of the project. The duration of the mold remediation project for the
purpose of this requirement shall be considered from the time a regulated area is established
through the time acceptable final clearance results are obtained in accordance with §295.XXX of
this chapter relating to (Clearance). These units shall exhaust filtered air to the outside of the
building wherever technically feasible.

        (l) Porous building materials. Porous building materials (such as sheetrock, gypsum
board, insulation) with visible mold growth shall be removed to at least two feet past the last
point of visible mold growth or to the next construction joint.

      (m) Exposed wood studs, headers, footers, decking, trusses, joists, baseboards, and other
wood structure that have surface mold growth shall be sanded and/or wire-brushed to “clean”
wood. Dry and HEPA vacuum all wood materials. Wood structures/surfaces with heavy
contamination and/or wood rot should be removed.


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       (n) Destructive evaluation. Destructive evaluation of potential areas to be remediated may
only be performed after an assessor has been notified, and the scope of work modified as
necessary, after consultation with the building owner, and only after appropriate containment
measures have been implemented.

       (o) At the conclusion of remediation activities a general hygienic wipe down will be
performed on horizontal non-porous surfaces in the work areas to remove residual dust, debris,
and mold components. These processes should occur near to HEPA filtration. After the wipe-
down, all fabric components, carpet, and other porous items in the contained areas are to be
thoroughly cleaned with a HEPA vacuum.

        (p) Biocides. The routine use of biocides to kill mold during remediation is discouraged,
as the purpose of mold remediation is to physically remove and clean up mold. If sufficient
justification exists for the use of a biocide, it may only be applied according to the product
manufacturer’s labeling requirements, and appropriate ventilation and PPE must be utilized to
protect building occupants and workers from possible adverse health effects. Certification as a
certified pesticide applicator through the Texas Structural Pest Control Board may be required
for some products. A fungicide, such as those applied to outdoor plants, soil, and grains as a dust
or spray, shall not be used indoors for mold remediation under any circumstance.

        (o) Anti-microbial agents. Anti-microbial products may be applied only after wood or
other surfaces are clean and dry, and after the project has passed final post-remediation
clearance. The product may only be applied as per the product manufacturer’s labeling
instructions. A decision to use such products must take into account the possibility of occupant
sensitivities and possible adverse reactions to chemicals that may off gas from surfaces coated
with such products.

       (p) Safety requirements. The following safety requirements shall be in effect for a
remediation project:

               (1) Fire safety. A minimum of one fire extinguisher with a minimum National
Fire Protection Association rating of 10BC (dry chemical) shall be placed within each
remediation project containment for every 3,000 square feet, or fraction thereof, of containment
area. Each fire extinguisher shall be maintained in a fully charged and operable condition.

              (2) Electrical safety. All active electrical service lines within the regulated and
containment areas shall be connected through ground-fault circuit interrupter (GFCI) units.


§295.324. Building Contents Remediation.

       (a) Building contents remediation (furniture, equipment, clothing). License holders that
provide remediation services for buildings contents damaged by mold shall follow minimum
requirements as follows:



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       (b) A remediator must supply to the client a copy of TDH publication that details
guidance on how mold-damaged items may be cleaned, so the client may make an informed
decision on whether specialized services are necessary.

       (c) A remediator will be responsible for only those items that the building owner has
agreed upon as in need of remediation, and that were identified in the scope of work. No items
may be removed from a residence or building by a remediator for offsite storage, remediation or
disposal without the explicit agreement of the owner.

       (d) The cost of cleaning of affected items, removal for offsite cleaning, storage or
disposal will be explained to the owner and agreed upon prior to the start of any work.

       (e) Removed items should have proper written verification of disposal from the
remediator.

        (f) In all cases, the assessment consultant must render an opinion as to the effectiveness
of the remediation or need for further actions.

§295.325. Mold Remediation of HVAC Systems.

       (a) Mold-contaminated HVAC System. If it is determined that an HVAC system or
components of an HVAC system are to be assessed or remediated for mold, the minimum criteria
for appropriate cleaning activity includes:

              (1) Adherence to National Air Duct Cleaners Association (NADCA) Duct
Cleaning Standards.

            (2) Appropriate licensing through Texas Department of Licensing and Regulation
(16 TAC Chapter 75.100(c), relating to Duct Cleaning), if applicable.

        (b) Disinfectants, biocides and/or antimicrobial coatings in HVAC systems may only be
applied if such product is specifically labeled for such use in HVAC systems and EPA-approved
for such use, and only after the owner or manager has been provided an MSDS, has considered
possible effects to building occupants, and has agreed upon the application. All surfaces must be
clean and dry prior to the application of an antimicrobial coating. The Texas Department of
Licensing and Regulation (16 TAC Chapter 75.100(c), relating to Duct Cleaning) requires
licensing as a licensed Air Conditioning and Refrigeration Contractor for those practicing
“biomedical remediation”.

        (c) The criteria for HVAC mold remediation completion shall include the requirements
for inspections and testing as defined in the NADCA standard – ACR 2002.


§295.326 Standards for Post Remediation Assessment; Clearance Criteria.

       (a) General Requirements



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               (1) Scope. These Standards for Post Remediation Assessment on Mold
Remediation Projects (Standards) are intended for use on projects involving the remediation of
mold contamination in a building structure. A post remediation assessment shall include a visual
inspection of the remediated building structure along with sampling of the air and/or surfaces in
and around the work areas.

                       (A) A visual inspection of the remediation area shall be made upon
completion of the mold remediation but before the containment is removed to determine if the
project has been properly conducted in accordance with the specifications and with applicable
state regulations and confirm that all mold has been properly remediated.

                      (B) These Standards include minimum clearance criteria necessary to
verify that the building structure is ready for occupancy by members of the public.
Requirements more stringent than those outlined in this Standard may be appropriate on a given
project and professional judgment must be used. Clearance criteria for remediation projects in a
healthcare environment or any environment where occupants may include individual(s) with
suppressed immune systems should be more stringent.

                       (C) The mold assessor who wrote the original work plan shall conduct the
post remediation (PRA) assessment. If this person is cannot do the PRA, the substitute assessor
is required to do a complete inspection per §295.32X (d) of this section.

                     (D) Containment(s) should remain in place until the remediation has
passed the clearance criteria as deemed by the assessor after the post remediation assessment
(PRA). Only after the remediation has passed the clearance criteria can restoration of the
property begin.

                      (E) A final visual shall be performed by the mold assessment consultant,
once the mold remediation contractor has removed all containment and other materials from the
project site to determine if the project has been properly conducted in accordance with the
specifications and with applicable state regulations and confirm that all mold has been properly
remediated.
.
                      (F) A remediation project will not be deemed complete, and the Mold
Assessment Consultant may pass the project, if any of the steps below are not completed at the
time of inspection.

              (2) Post Remediation Assessment (PRA) Required – A PRA is required whenever
mold remediation is conducted within contained conditions. A PRA is to be conducted after all
mold remediation activities are completed and prior to any restoration of the building structure.
A PRA shall only be performed by a mold assessor licensed by the state of Texas.

                 (3) Clearance Areas – The areas of the remediation project that will require
clearance include the immediate area of remediation and all adjacent indoor areas. If the PRA
results in a failed clearance, the area of clearance may be expanded beyond the designated areas
as may be deemed appropriate.


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                (4) Clearance Pass/Fail Documentation – The assessor is to submit written
documentation on the success, or failure, of every clearance visit. If the remediation work is
deemed to have passed clearance by the assessor, a certification of clearance is to be issued. If
the remediation work is deemed to have failed clearance by the assessor a letter of failed
clearance is to be issued.

       (b) Site Preparation

                (1) Site Cleaning – Prior to any post remediation assessment, all remediation
activities should be completed. The work site should be thoroughly cleaned of all visible mold,
visible dust and debris. The work site should be cleared of all trash. The horizontal surfaces
within the remediation area should be cleaned with a HEPA vacuum, wet mopping, or wet
wiping as may be appropriate. The walls, ceiling and the containment structure in the
remediation area should be cleaned with a HEPA vacuum and/or wet wiping.

               (2) Negative Air Pressure – If containment(s) were remediated under negative air
pressure, the negative air pressure within the containment(s) must be removed prior to the PRA
and prior to the air filtration period. The exhaust and intake openings for the negative air
equipment must be fully sealed during the air filtration process.

                (3) Air Filtration Period – Prior to any post remediation assessment, and after all
remediation and cleaning activities are completed, the air inside and in the immediate area
outside of any containment(s) must be HEPA filtered a minimum of 200 air changes with air
filtration devices (air-scrubbers). The air-scrubbers should provide recirculation of the air
having both the intake and exhaust of the air-scrubbers within the indoor environment. All air-
scrubbers must be deactivated 4 to 24 hours prior to a post remediation assessment.

               (4) Airborne Particulate Control – It is recommended that the remediation
contractor verify that the particulate load of the indoor air in and around the work area is being
reduced after remediation with sufficient air filtration. This verification can be made with the
use of a particle counter. Airborne particle counts should be recorded prior to any post
remediation assessment. The particulate load of the indoor air within the containment(s) should
be compared with the indoor air outside of containment(s) and to the outdoors. Only after the
indoor airborne particulate load indoors is less than, or comparable to, the outdoors, and the
readings do not indicate any abnormalities indoors around the work area, should a post
remediation assessment be conducted.

               (5) Humidity Control – The contractor must ensure the indoor relative humidity
(RH) is continuously maintained at a level not to exceed 55 percent during all remediation and
clearance activities, and until permanent humidity control for the building can be activated and
maintained. Dehumidifiers should be strategically placed to accomplish proper humidity control
where necessary.

               (6) HVAC System – On projects where a HVAC system has been remediated, the
system should be opened by the remediation contractor for clearance sampling and for a visual
inspection by the assessor. The clearance criteria for HVAC remediation is to be in accordance


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with NADCA standard ACR 2002.

       (c) Post Remediation Assessment Preparation

              (1) Document Review – The mold assessor shall thoroughly review all
remediation drawings, remediation specifications, management plans, photographs, and other
documents regarding the remediation project prior to an inspection of the site. The mold
assessor should review any reports or studies conducted prior to the commencement of
remediation and any prior clearance reports for the project. The mold assessor should have a
thorough understanding of the scope of the remediation work prior to conducting a clearance site
visit.

       (d) Clearance Site Visit

                (1) Inspection – The assessor should inspect the entire work site. The assessor
should compare the work site with the remediation plans and other documents to verify that all
remediation work has been completed. Containment must still be in place and functional with no
visible breaches. The assessor should inspect all areas of the work site for visible mold, dust and
debris. All areas of visible mold, or other deficiencies should be noted on a diagram.
Decontamination area if required will be set up, clean and functional with a means of ingress and
egress. All bagged waste material must have been removed from premises and properly disposed
of. Anti-microbial paint product that prevents a reliable visible inspection, must not have been
applied prior to the inspection. Wood structures that show signs of deterioration or rot must have
been removed or replaced.

              The assessor’s inspection should include a verification that all underlying
moisture sources that may have been previously identified as the cause of mold have been
corrected. Where appropriate, the assessor’s inspection should include a verification that indoor
building materials are dry from excessive moisture. This can be accomplished with the use of a
moisture meter, or other equipment, or methods as may be appropriate.

              Where a visual inspection reveals visible mold, or other deficiencies in the
remediation sufficient to fail a clearance, air sampling and/or source sampling need not be
collected.

                (2) Photographic Documentation - The assessor shall document the general
conditions of the work site with sufficient photographs. Photographic documentation should be
collected of the location and condition of all containments. Any areas of visible mold should be
photographed and the location of the mold noted on a plan of the worksite. Evidence of any
active moisture sources, or other deficiencies, that have not been corrected should also be
documented with photographs.

               (3) Written Documentation - The assessor shall take sufficient notes to document
the observations made and conditions at the site. All visible mold should be noted and located
on a drawing. Notations shall be made about the location of all air-scrubbers, dehumidifiers, or
other equipment utilized, and whether the equipment was active upon arrival. The general


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condition of the site should be noted and the location of any visible dust and debris should be
included in the written documentation.

               The assessor should note the date, time, sample type, collection data, and location
of all samples collected at the worksite. The assessor should note the date, time, temperature,
and relative humidity at sufficient locations in and around the worksite and outdoors during each
clearance visit. The weather conditions at the time of the clearance visit should be noted.
Sample collection data shall be kept on a chain-of-custody document. An original of the chain-
of-custody document shall be delivered with the samples to the laboratory. A copy of the chain-
of-custody document should be kept by the assessor.

                (4) Air Sampling – Sufficient spore-trap air samples should be collected on each
clearance visit that passes a visual inspection to verify the level of airborne mold spores at the
time of the clearance visit. Samples should be collected indoors within the work area, indoors
adjacent to the work area, and outdoors. Viable air sampling may also be collected and may be
appropriate on some projects. Clearance air samples shall be collected by a licensed mold
assessment consultant or by a licensed mold assessment technician who works under the
direction of the mold assessment consultant. The person collecting air samples will monitor the
sample pumps during the sampling period, or some other means of control will be established to
ensure the integrity of the samples and prevent tampering.

               (5) Surface Sampling - Random surface evaluations will be performed using
“sticky tape” methodology. Samples shall be considered clear when collections do not reveal the
presence of fungal hyphae. The presence of fungal hyphae indicates the continued presence of
active growth and shall warrant the need for further remedial action.

               (6) Outdoor Air Sampling – A minimum of 2 outdoor spore-trap air samples
should be taken for each remediation project. In addition to spore-trap air samples, viable air
samples may also be collected and may be appropriate on certain projects. Viable air samples
are not to be collected in lieu of spore-trap air samples. The outdoor air samples should be
separated by time, and where possible, and appropriate, by distance.

                       (A) A minimum of one outdoor air sample should be collected both before
and after collecting indoor samples. The outdoor air samples should be collected during a period
of time that does not exceed one hour. If it is not possible to collect all indoor air samples within
a one-hour period, additional outdoor air samples should be collected to prevent a time period
between collection of outdoor air samples of more than one-hour.

                       (B) If the HVAC system is active at the time of the clearance, the outdoor
samples should be collected near the outdoor air intake(s) of the HVAC system(s) that services
the work area. If the building is not equipped with outdoor air intake(s), or the HVAC system in
not in operation, the samples should be separated by distance to opposite sides of the work area
as may be possible.

                (7) Indoor Air Sampling – Indoor spore-trap air samples should be collected on all
clearance visits that pass a visual inspection. In addition to the spore-trap air samples, viable air
samples may also be collected, and may be appropriate on certain projects. Viable air samples


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are not to be collected in lieu of spore-trap air samples.

                       (A) Clearance samples shall be collected by a licensed mold assessment
consultant or by a licensed mold assessment technician who works under the direction of the
mold assessment consultant. The person collecting air samples will monitor the sample pumps
during the sampling period, or some other means of control will be established to ensure the
integrity of the samples and prevent tampering.

                      (B) Indoor spore-trap air samples should be collected within each
containment(s) to determine the level of airborne spores in the contained work area. A minimum
of 2 indoor spore-trap air samples should be collected within each containment, and a minimum
of 1 indoor spore-trap air sample should be collected for every 500 square feet of floor space
within a given containment.

                       (C) Indoor spore-trap air samples should be collected around the outside
of any containment where appropriate. The purpose of this sampling is to determine the level of
airborne spores directly outside the containment(s). A minimum of one (1) indoor spore-trap air
sample should be collected outside of each containment.

              (8) Source Sampling – Where suspect mold is present, a source sample should be
collected. Tape sampling, swab sampling, dust collection sampling, and bulk sampling are
acceptable methods of documenting the presence of mold.

                (9) Particulate Detection – It is recommended that the assessor measure the
particulate load of the air in and around the work site with the use of a particle counter. The
particulate load of the indoor air within the containment(s) should be compared with the indoor
air outside of containment(s) and to the outdoors. All measurements should be recorded and the
data included in the clearance report.

       (e) Clearance Pass/Fail Criteria

                (1) General – The assessor shall determine if a worksite passes or fails clearance
based upon the visual inspection, the analysis of samples collected at the worksite, and other
items that will involve professional judgment.

               For acceptable clearance, the work area and adjacent areas must be free from all
visible mold, rot, dust, and debris. A few spores or a trace concentration of mold spores detected
from a surface sample is considered background. More than a trace concentration of mold
detected requires additional cleaning and/or remediation.

               Air samples should be evaluated by means of comparison (i.e., indoors to
outdoors) and by fungal type (e.g., genera, and species). In general, for a remediation project to
pass clearance, the levels and types of fungi found should be similar indoors as compared to the
outdoor air.

               (2) Inspection Criteria – For the work site to pass clearance the assessor must


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determine by visual inspection that as a minimum:

                        (A) All work has been completed in compliance with the remediation
plans, specifications, prior clearance recommendations, or other remediation documents.

                      (B) The work area and all adjacent areas are free from all visible dust,
debris, and trash. The work area is generally very clean.

                       (C) The work area is free from all visible mold.

                       (D) The work area is free from all visible wood rot.


                (3) Spore-Trap Air Sample Analysis Criteria – For the work site to pass clearance
the assessor must determine that the analysis of the air-samples is acceptable considering factors
that include the total spore count, the spore count of individual species, the spore count of certain
mold species with known health concerns, and other factors.

                     (A) Analysis by Total Spore Count – For an acceptable clearance by
consideration of the total spore counts of spore-trap air samples, the following minimum
requirements must be met:

                             (i) When the total spore count of the outdoor air does not exceed
200 counts per cubic meter in any outdoor sample, the total spore count of any indoor air sample
must not exceed 50 counts per cubic meter.

                             (ii) When the total spore count of the outdoor air is between 200
and 1,000 counts per cubic meter in the outdoor sample with the highest total spore count, the
total spore count of any indoor air sample must not exceed the highest total spore count of the
outdoor samples by more than 20 percent.

                             (iii) When the total spore count of the outdoor air exceeds 1,000
counts per cubic meter in the outdoor sample with the highest total spore count, the total spore
count of any indoor air sample must not exceed the highest total spore count of the outdoor
samples by more than 10 percent.

                     (B)Analysis by Mold Genus – For an acceptable clearance by
consideration of the spore counts of individual mold species of spore-trap air samples, the
following minimum requirements must be met:

                            (i) The percentage spore count of any individual mold genus of an
indoor sample must not exceed the highest spore count for that same genus of the outdoor
samples by more than 20 percent.


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                            (ii) The percentage spore count of any individual mold genus of an
indoor sample must not exceed the highest spore count for that same genus of the outdoor
samples by more than 20 percent.

                     (B) Analysis by Mold Genus – For an acceptable clearance by
consideration of the spore counts of individual mold species of spore-trap air samples, the
following minimum requirements must be met:

                            (i) the spore count of any individual mold genus of an indoor
sample must not exceed the highest spore count for that same genus of the outdoor samples by
more than 20 percent, and

                              (ii) the percentage ratio for the individual mold genus of an indoor
sample closely reflect the same genus in the outdoor samples.

                      (C) Analysis by Special Mold Genus – For an acceptable clearance by
consideration of the spore counts of certain special individual mold genus of spore-trap air
samples the following minimum requirements must be met:

                                (i) The mold spore count of certain mold genus including
Stachybotrys sp., Memnoniella sp., and Chaetomium sp., in any indoor air sample must not
exceed 1 count. The first failure requires the repeat sampling. If the repeat sampling meets this
requirement the clearance criteria for this paragraph is met. If the second sampling also fails this
criteria, then the cause of the failure must be found and removed or determined and verified that
the contaminant is not resulting from within the containment.
                        (D) Other Factors – There are other factors that should be considered in
the laboratory analysis spore trap air sample results for acceptable clearance.

                              (i) The counts of hyphae, or mycelial fragments of the indoor air
should be less than 10% relative to outdoors.

                               (ii) The debris load of indoor air samples should be none or very
light.

               (4) Viable Air Sample Analysis Criteria – For the work site to pass clearance the
assessor must determine by analysis of any viable air samples collected that:

                       (A) The total colony forming units (CFU) of the total indoor viable air
sample does not exceed 50 CFU’s, and the CFU any indoor air sample does not exceed the
highest total CFU of the outdoor samples by more than 25 percent.

                       (B) the percentage ratio for the individual mold genus of an indoor sample
closely reflect the same genus in the outdoor samples.




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                       (C) The CFU of any given mold species, excepting Cladosporium sp.,
detected in any viable indoor air sample does not exceed 10 CFU.

                       (D) The CFU of certain mold species including Stachybotrys chartarum,
Aspergillus fumigatus, Aspergillus versicolor, Memnoniella sp., and Chaetomium sp., detected
in any viable indoor air sample does not exceed 1 CFU.

               (5) Source Sample Analysis Criteria – For the work site to pass clearance the
assessor must determine by analysis of source samples that:

                      (A) Not more than a background, or trace, level of mold was detected in
any source sample collected.

                (6) The mold assessment consultant must verify the repair of all previously
identified contributory water/moisture leaks/intrusion sources and sources of condensation or
elevated humidity. In the event that a contributing cause of the mold growth has not been
corrected, the assessor must document this on the certificate of mold remediation (§295.XXX).

         (f) CLEARANCE REPORT

              (1) General – The assessor shall provide a written report for every clearance visit.

               (2) Pass Clearance Report – If the assessor determines that the clearance reveals
that remediation has been successful, a passed clearance report is to be issued by the assessor.
The report must include the following:

                      (A) A description of the worksite observations.

                    (B) The type and location of every sample collected.                This can be
documented by drawing or by descriptive text.

                     (C) Conclusions that clearly state that the clearance has passed and that
restoration can commence.

                      (D) A copy of any laboratory reports of samples collected at the clearance
visit.
                      (E) A compilation of data collected at the worksite including temperature
readings, humidity readings, particle counts, material moisture readings, etc.

                      (F) A copy of the photographic documentation of the worksite conditions.

                      (G) Other information or data that may be appropriate.



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               (3) Failed Clearance Report – If the clearance reveals that remediation has not
been successful, a failed clearance report is to be issued by the assessor. The report must include
the following:
                       (A) A description of the worksite observations.

                    (B) The type and location of every sample collected.                 This can be
documented by drawing or by descriptive text.

                       (C) Conclusions that clearly state that the clearance has failed and that
further remediation is required.

                      (D) Recommendations necessary to bring the project into compliance with
the remediation plans and/or recommendations for further remediation and/or cleaning. This can
be documented by drawing or by descriptive text.

                      (E) A copy of any laboratory reports of samples collected at the clearance
visit.

                      (F) A compilation of data collected at the worksite including temperature
readings, humidity readings, particle counts, material moisture readings, etc.

                      (G) A copy of the photographic documentation of the worksite conditions.

                      (H) Other information or data that may be appropriate.


§295.327. Notifications.

        (a) General provision. The Texas Department of Health (department) shall be notified on
a form specified by the department of any mold remediation project. Notification shall be made
to the department no less than five working days (not calendar days) prior to commencement of
the activity and shall be submitted on the form specified by the department. It is a requirement
that the department notification form be filled out completely and properly. Blanks, which do
not apply, shall be marked N/A. The designation of N/A will not be accepted for references
requiring identification of the work site, building description, building owner, individuals
required to be identified on the notification form, or start and completion date requirements. An
original signature is required on each notification form. A copied signature is not acceptable.
An invoice for the required fee for notifications will be sent from the department.

        (b) Responsibility for Proper Notification. It is the responsibility of the remediation
contractor to notify the department under this section. The notification must be filed on the form
specified by the department. The notification shall have all information completed with no



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blocks left blank. The licensed remediation contractor is responsible for the accuracy and
timeliness of the notification.

       (c) Timeliness of notification. Written notifications of a mold remediation activity must
be hand delivered, express mailed, or postmarked at least 5 working days (not calendar days)
before a mold remediation activity. Notifications must be delivered by United States Postal
Service, commercial delivery service, or by hand delivery. Telephone facsimile (FAX) is not
permitted.

       (d) Start-date change to later date. When mold remediation activity begins later than the
date contained in the notice, the department shall:

              (1) Be notified (Indoor Air Quality Branch) of the changed start date by telephone
as soon as possible but prior to the original start date. An amended notification is required in
writing immediately following the foregoing notification; and

               (2) Be provided with a written notice of the new start date as soon as possible
before, but no later than the original starts date. Delivery of the updated notice by the United
States Postal Service, commercial delivery service, or hand delivery is acceptable.

        (e) Start-date change to earlier date. When mold remediation activities begin on a date
earlier than the date contained in the notice, the department shall be provided with a written
notice of the new start date at least ten working days before the start of work.

        (f) Start-date/stop-date (completion date) requirement. In no event shall mold
remediation begin or be completed on a date other than the date contained in the written notice
except for operation covered under subsection (g) of this section. Amendments to start date
changes are to be submitted as required in subsections (d) and (e) of this section. An amendment
is required for any stop dates which change by more than one workday for each week (seven
calendar day period) for which the project has been scheduled and notification submitted. The
remediation contractor shall provide schedule changes to the department no less than 24 hours
prior to the change or completion of the project. Changes less than 5 days in advance shall be
confirmed with the regional office telephonically and followed up in writing to the central office
located in Austin, Texas.

        (g) Consolidated notifications of small operations. Notifications involving a series of
small, separate mold remediation operations (25 feet or less in size) may be combined by listing
the information on a single notification form. Predict the combined additive amount of mold
containing materials to be removed or stripped during a calendar year of January 1 through
December 31. The department shall be notified at least 5 working days (not calendar days)
before the end of the calendar year preceding the year for which notice is being given.

             (1) The department shall be notified by the mold remediation contractor when the
amount of mold being remediated is 25 contiguous square feet or greater.




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        (h) Provision for emergency. In the event of emergency remediation projects made
necessary by an unexpected or unplanned incident, notification will be made as soon as
practicable, but not later than the following work day after the occurrence of the incident. Initial
notification can be made immediately by telephone, followed by formal notification on the
department's notification form. Emergencies shall be documented to the extent that the need for
the emergency is evident. An emergency remediation project means a remediation that was not
planned, but results from a sudden, unexpected event. This event, if not immediately attended to,
presents a public health or safety hazard, and is necessary to protect equipment from damage, or
is necessary to avoid imposing an unreasonable financial burden. This term includes operations
necessitated by non-routine failures of equipment. This term does not include immediate
remediation activity resulting solely from a lack of adequate planning for foreseeable mold-
related activity.

       (i) Notification fees.

               (1) Applicability. The licensee shall remit to the department the required fee for
each building/facility notification. The department shall be notified when the amount of mold
being remediated is 25 contiguous square feet or greater.

               (2) Payment. An invoice for the required fee will be sent to mold remediation
contractor after the department has received the notification. Fee amounts, address, and fund
numbers are included on the form. Payment must be remitted in the manner instructed on the
invoice.

               (3) fee. The fee is $50 per notification.

                (4) Nonpayment of fees. Failure to pay the required fee after an invoice has been
sent shall be considered a violation and may subject the remediation contractor to administrative
penalties as listed in §295. of this chapter (relating to Compliance: Administrative Penalty).
Payment must be received no later than 60 working days following date of the notification
invoice.


§295.328. Recordkeeping.

        (a) Record retention. Records and documents required by this section shall be retained
for a period of 3 years from the date of project completion unless otherwise stated in this section.
Such records and documents shall be made available to the department upon request. Persons
ceasing to do business shall notify the Texas Department of Health (department) in writing
within 30 days of such event. The department, on receipt of such notification may instruct that
the records be surrendered and may specify a repository for such records. The persons shall
comply with the department's instructions within 60 days.

      (b) Training providers. Accredited training providers shall comply with the following
minimum record-keeping requirements.



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                (1) Training course materials. An accredited training provider must retain copies
of all instructional materials used in the delivery of the classroom training such as student
manuals, instructor notebooks and handouts.

                (2) Accreditation certificates. The training providers shall maintain records that
document the names of all persons who have been awarded certificates, their certificate numbers,
the disciplines for which certification was conferred, training and expiration dates, and the
training location. The training provider shall maintain the records in a manner that allows
verification of the required information by telephone.

                (3) Verification of certificate information. Accredited training providers of
refresher training courses must reasonably confirm that their students possess a valid license or
registration before granting course admission. A valid license or registration to receive refresher
training would be one in the same discipline and not expired over 12 months.

               (4) Records retention and access.

                     (A) The accredited training provider shall maintain all required records for
a minimum of three years.

                       (B) The accredited training provider must allow the department reasonable
access to all records which may be required by the department for the approval of mold or the
accreditation of mold training courses.

                      (C) If an accredited training provider ceases to conduct training, the
training provider shall notify the department and provide reasonable opportunity for the
department to take possession of that provider's mold training records.

       (c) Mold remediation contractors.

               (1) Central location. The following records and documents shall be maintained
by mold remediation contractors at a central location at the principal place of business for a
period of three years and shall be made available to the department upon request:

                      (A) Records and documents required by department

                       (B) Name, address, and mold certificate number of each employee, past
and present, including dates of employment, and description of each employee's involvement in
each mold-related project while employed by the contractor, including name, address, location,
and duration of project;

                        (C) Copies of all regulatory agency correspondence including letters,
notices, citations received and notifications;

                        (D) Records and documents required to be maintained under any other
applicable federal, state, or local law, regulation, or ordinance;


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                      (E) Copies of laboratory reports and sample analysis documenting
workplace, including copies of consultant's reports provided to the contractor regarding clearance
level monitoring; and

                      (F) Copies of all specifications of contracts awarded for mold remediation
projects.
               (2) On site. Records and documents shall be maintained on-site at the mold
remediation project location for the duration of the project. Records and documents with
personal references shall be made available to all persons employed at the site upon request. All
on-site records and documents shall be made available to the department upon request. The
records and documents covered by this paragraph include:

                      (A) all current licenses and registrations;

                      (B) a current copy of the work practice requirements;

                     (C) a copy of the contract or technical specifications governing the project
or if no contract, location and description of operations and description of remediation
procedures;

                      (D) a listing of all employees, by name, social security number and
certificate number working on the project;

                      (E) a listing of each of the contractors, subcontractors and consultants on
the project;

                       (F) a daily sign-in/out log, which identified persons by name and the
length of time each, spent at the site;

                      (G) records of all on-site air monitoring;

                    (H) a written respirator program which conforms to requirements of 29
CFR §1910.134(b), as amended;

                      (I) name and address of the contractor or property owner;

                      (J) name and address of project supervisor(s);

                      (K) description of personal safety practices;

                      (L) dates of participation in the operation;

                      (M) a roster of registered mold remediation workers employed; and




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                         (N) current copies of the “Physician’s Written Statement” and respirator
fit-tests of individuals who enter a regulated area.

        (d) Analytical services. Accredited providers of mold analytical services shall maintain
copies of all records and documents for 3 years, which are required by these sections and copies
of all analyses performed, including the sample identification number and analytical results, and
make such documents available to the department for inspection upon request. Samples which
have been taken as part of an inspection are required to be retained by the analyzing laboratory
for ten days after the completion of the project or for 30 days, whichever is longer.

        (e) Consultants. Licensed consultants shall maintain client files pertaining to surveys,
sampling, assessment, and clearance level monitoring and copies of daily construction logs
pertaining to remediation contractor work practices and make such documents available to the
department for inspection upon request. Logs for completed projects shall be maintained at the
consultant's principal place of business. Logs for current projects shall be kept at the mold
remediation project work site until final cleanup has been certified.


§295.329. Certificate of Mold Remediation; Duty of Property Owner

       (a) Not later than the 10th day after the date on which a license holder completes mold
remediation at a property, the license holder shall provide a certificate of mold remediation to the
property owner.

       (b) The certificate of mold remediation shall be made on a form prescribed and officially
adopted by the commissioner of insurance.

       (c) The certificate must include the following:

               (1) A statement by a licensed mold assessment consultant (not the license holder
that performed the remediation), that based on visual, procedural, and analytical evaluation, as
per Section 295.XX dealing with CLEARANCE, the mold contamination identified for the
project has been remediated as outlined in the mold management plan or remediation protocol.

                 (2) If the licensed mold assessment consultant determines that the underlying
cause of the mold has been remediated so that it is reasonably certain that the mold will not
return from that remediated cause, the mold assessment license holder shall indicate on the
certificate that the underlying cause of the mold has been remediated.

       (d) Copies of the completed certificate shall be prepared for the:

               (1) Business files of the licensed mold assessment consultant/company.

               (2) Business files of the licensed mold remediation contractor/company.




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                      (A) If a property owner sells property, the property owner shall provide to
the buyer a copy of each certificate that has been issued for the property under this section.


§295.330. Training: Required Mold Training Courses.

        (a) General provisions. Persons working with mold must be appropriately licensed,
accredited, or registered to perform mold remediation or mold assessment work in the state of
Texas. Applicants for licensing, accreditation, registration, or renewal must submit evidence of
fulfillment of specific training requirements acceptable to the Texas Department of Health
(department) under these sections. Course content, hours of instruction, refresher training, etc.,
are subject to change or modification. At the conclusion of each training course, the instructor
shall provide to students successfully passing the course the student a copy of the registration
form for the department licensing examination, a copy of the examination schedule, and
fulfillment of specific training requirements acceptable to the department for remediation
workers. The training provider shall also assist the applicant if needed to complete the
application to include listing any special requirements of the student, such as an accommodation
for a disability covered by the Americans With Disabilities Act.

                (1) Each of the accredited training disciplines is distinct from the others, because
each reflects a different functional job role.

               (2) Each initial and refresher training course offered for accreditation must be
specific to a single discipline, and not combined with training for any other discipline. This
prohibition against combined training also applies to hands-on training sessions. Combining the
worker and supervisor training courses is not allowed.

               (3) Training courses shall be conducted by training providers accredited by the
department. Persons trained within the confines of this State by unaccredited providers shall not
be licensed, accredited, or registered by the department.

               (4) The two-year period of validity following the effective date of a required mold
training course may be extended by completing the appropriate refresher training. Failure to
complete the refresher training within two years of the most recent training shall require that the
original course be repeated.

               (5) A day of training shall consist of eight hours of classroom instruction, hands-
on practical training sessions, and field trips in any suitable combination, including lunch and
break periods. A total of 80 minutes in lunch and breaks are authorized for each training day as
determined by the instructor. A trainee is not eligible to complete a given course if more than
10% of the session has been missed. The 10% includes being absent from the course at times
other than allotted break periods. No more than eight hours of instruction as described in this
paragraph are authorized within a calendar day.

              (6) Courses requiring hands-on practical training must be presented in an
environment that permits the trainees individually to have actual experience performing tasks


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associated with the appropriate mold-related activity studied. Hands-on training sessions shall
maintain a student to instructor ratio of not more than 15 to one. Demonstrations and audio-
visuals shall not substitute for required hands-on training.

        (b) Licensed Mold Assessment Technician. The mold assessment technician course
training course shall be at least -- days in length. Persons seeking to be licensed as a mold
assessment technician under these sections shall complete the approved mold assessment
technician-training course as described in this subsection. Successful completion of the course
shall be demonstrated by achieving a score of at least 70% correct on the written course
examination. The course shall adequately address:

              (1) Background information on mold;

              (2) Potential health effects related to mold exposure;

              (3) Overview of mold remediation projects to include clearance of the project
area;

              (4) Safety system design specifications, including written sampling rationale
clearance procedures;

              (5) Calculating sampling times;

              (6) Time weighted average calculation;

              (7) Calibration of air sample pumps;

              (8) Sample logs and records;

              (9) Clearance testing; and

              (10) Clearance procedures.

              (11) Field trip;

              (12) Employee personal protective equipment;

              (13) Additional safety hazards;

              (14) How to accomplish a complete visual inspection;

              (15) Legal/liabilities/defenses;

              (16) Relevant Texas, and local regulatory requirements; and

              (17) Role of other professionals; and


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              (18) Course review.

        (c) Registered Mold Sampling Technician. (Restricted) The Registered Mold Sampling
Technician training course shall be at least one days in length. Persons seeking to be registered
as a Mold Sampling Technician (restricted) under these sections shall complete the approved
mold sampling technician-training course as described in this subsection. Students will receive
documentation from accredited training provider showing that they have successfully completed
all course requirements; written department exam is waived for registration for this
classification. The course shall adequately address:

              (1) Background information on mold;

              (2) potential health effects related to mold exposure;

              (5) sample logs and records;

              (6) chain of custody

              (7) employee personal protective equipment;

              (8) additional safety hazards;

              (9) how to accomplish a complete visual inspection;

              (10) legal/liabilities/defenses;

              (11) field trip;

              (12) role of other assessment consultants

              (13) occupied buildings;

              (14) relevant Texas, and local regulatory requirements; and

              (15) medical monitoring,

              (16) role of other professionals; and

              (17) course review.

       (d) Licensed mold assessment consultant training. The mold assessment consultant
course shall consist of at least 5 days of training. Persons seeking to be licensed as an mold
assessment consultant or licensed as a mold remediation contractor or supervisor, shall
successfully complete an approved contractor/supervisor training course as described in this
subsection. The course may be substituted for the mold remediation worker course; this


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substitution also applies to the required refresher training every two years. This training shall
include lectures, demonstrations, audio-visuals and hands-on training, including individual
respirator fit testing, course review, and a written examination of 100 multiple-choice questions.
Each trainee must score at least 70% correct on this written exam to successfully complete the
course. The course shall adequately address:

               (1) Basics of indoor biocontaminants

               (2) how to evaluate moisture and water intrusions

               (3) employee personal protective equipment;

               (4) state-of-the-art work practices;

               (5) basics of HVAC and relationship to indoor environmental quality

               (6) overview of minimum assessment protocols/questionnaires

               (7) general building construction

               (8) building moisture problems

               (9) relevant federal, state, and local regulatory requirements;

               (10) establishment of respiratory protection programs and medical surveillance
programs;

               (11) 14 hours of hands-on training, including work area preparation, cleaning and
disposal, and respirator fit testing and maintenance;

               (12) insurance and liability issues;

               (13) recordkeeping for mold remediation projects;

               (14) clearance re requirements;

               (15) contract specifications

               (16) course review and manual.

               (17) how to measure and interpret relative humidity, temperature readings, and
material moisture readings

               (18) overview of sampling methodologies

               (19) interpretations of test results


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               (20) investigation protocol strategies

               (21) required safety precautions

               (23) creating a remediation workplan;

               (24) potential health hazards of mold; and

               (25) post-remediation investigation and quality assurance

        (e)    Registered mold remediation worker training. The worker-training course shall
consist of at least three day of training. Persons seeking registration as mold remediation
workers shall successfully complete the approved training course, as described in this subsection.
Worker training courses are required to have a classroom student-instructor ratio of not more
than 25 to 1 (25:1). The worker-training course shall include lectures, demonstrations, hands-on
training including individual respirator fit testing and course review. Successful completion of
the contractor or supervisor training course shall also be acceptable as qualification for
registering mold worker applicants. Students will receive documentation from accredited training
provider showing that they have successfully completed all course requirements:

               (1) characteristics of mold/fungi

               (2) potential health effects related to mold exposure;

               (3) employee personal protective equipment;

               (4) state-of-the art work practices;

               (5) personal hygiene;

               (6) additional safety hazards;

               (7) medical monitoring;

               (8) air monitoring;

               (10) establishment of respiratory protective programs and medical surveillance
programs;

               (11) eight hours of hands-on training, including work area preparation, cleaning
and disposal, and respirator fit testing and maintenance; and

                (12) field trip, to include a building walk-through inspection at a suitable location
outside of the classroom; and



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               (13) course review and manual.

       (f) Licensed mold remediation supervisor training. A licensed mold remediation
supervisor course shall consist of at least four days of training. Persons seeking to be licensed as
a mold remediation supervisor shall successfully complete an approved supervisor training
course as described in this subsection. The course may be substituted for the mold remediation
contractor course; this substitution also applies to the required refresher training every two years.
This training shall include lectures, demonstrations, audio-visuals and hands-on training,
including individual respirator fit testing, course review, and a written examination of 100
multiple-choice questions. Each trainee must score at least 70% correct on this written exam to
successfully complete the course. The course shall adequately address:

               (1) Physical characteristics of mold and mold containing building materials

               (2) potential health effects related to mold exposure;

               (3) employee personal protective equipment;

               (4) state-of-the-art work practices;

               (5) personal hygiene;

               (6) additional safety hazards;

               (7) medical monitoring;

               (8) air monitoring;

               (9) relevant federal, state, and local regulatory requirements;

               (10) establishment of respiratory protection programs and medical surveillance
programs;

               (11) eight hours of hands-on training, including work area preparation, cleaning
and disposal, and respirator fit testing and maintenance;

               (12) insurance and liability issues;

               (13) recordkeeping for mold remediation projects;

               (14) Supervisory techniques for mold remediation activities;

               (15) Contract specifications; and

               (16) Understanding of building systems;



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               (17) Public/employee/building occupant relations;

               (18) Pre-inspection planning, and review of previous survey records;

               (19) Course review and manual.

       (g) Licensed mold remediation contractor training. A licensed mold remediation
contractor course shall consist of at least five days of training. Persons seeking to be licensed as
a mold remediation contractor shall successfully complete an approved supervisor training
course as described in this subsection. This training shall include lectures, demonstrations,
audio-visuals and hands-on training, including individual respirator fit testing, course review,
and a written examination of 100 multiple-choice questions. Each trainee must score at least
70% correct on this written exam to successfully complete the course. The course shall
adequately address:

               (1) Physical characteristics of mold and contaminated materials

               (2) potential health effects related to mold exposure; (water-damage issues)

               (3) employee personal protective equipment;

               (4) state-of-the-art work practices;

               (5) personal hygiene;

               (6) additional safety hazards;

               (7) medical monitoring;

               (8) air monitoring;

               (9) relevant federal, state, and local regulatory requirements;

                       (11) eight hours of hands-on training, including work area preparation,
cleaning and disposal, and respirator fit testing and maintenance;

               (12) insurance and liability issues;

               (13) recordkeeping for mold remediation projects;

               (14) supervisory techniques for mold remediation activities;

               (15) contract specifications; and

               (16) understanding of building systems;



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               (17) public/employee/building occupant relations;

               (18) pre-inspection planning, and review of previous survey records;

               (19) course review and manual.

        (h) Texas Laws and Rules. An applicant for a license or registration under this
subchapter who received his or her required training in a state other than Texas must, not more
than 60 days prior to applying for the license or registration, successfully complete a minimum
of three hours of training given by a department-accredited mold training provider on Texas law
and regulations concerning mold. The provisions of this subsection shall apply to both
applicants for new licenses or registrations and to applicants for reciprocal licensing or
registration, except that applicants who received out-of-state training from a department-
accredited training provider are exempt from the provisions of this subsection if the training
included a section on Texas law and regulations concerning mold.

        (i) Refresher Training. All disciplines shall receive refresher training every two years.
Satisfactory completion of such training shall be a condition of renewal, and evidence of
satisfactory completion shall be included in the renewal application. No refresher training can be
accredited if the training course for licensure, or registration was never completed. Refresher
training courses for all disciplines shall be in accordance with the department’s accredited
training program and shall adequately address and include:

               (1) Texas regulations;

               (2) state-of-the-art developments for the topic specialty of the course; and

               (3) review of the training manual and key aspects of the initial training course.

        (j) Examinations. Each accredited training provider shall administer a closed-book
written examination to persons seeking accreditation who have completed an initial training
course. Demonstration testing may also be included as part of the written examination. A
person seeking initial accreditation in a specific discipline must pass the written examination for
that discipline in order to receive accreditation. For example, a person seeking accreditation as a
mold remediation supervisor must pass the written examination for a mold remediation
supervisor. Training providers shall use the departments or approved standardized examinations
developed for purposes of licensing or accreditation. Each examination shall adequately cover
the topics included in the training course for that discipline. The following are the requirements
for examination in each discipline:

               (1) mold assessment technician:

                      (A) 50 multiple-choice questions; and

                      (B) passing score: 70% correct;



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              (2) mold sampling technician (restricted):

                     (A) 50 multiple-choice questions; and

                     (B) passing score: 70% correct;

              (3) mold assessment consultant:

                     (A) 100 Multiple-choice questions; and

                     (B) passing score: 70% correct;

              (4) mold remediation worker:

                     (A) 50 multiple-choice questions; and

                     (B) passing score: 70% correct;

              (5) Mold Remediation Supervisor:

                     (A) 100 multiple-choice questions; and

                     (B) passing score: 70% correct; and

              (6) Mold Remediation Contractor:

                     (A) 100 multiple-choice questions; and

                     (B) passing score: 70% correct.


§295.331. Training: Approval Of Training Courses.

        (a) General provision. Mold training courses shall be individually approved only for
those training providers currently accredited by the Texas Department of Health (department).
Applications for each course shall be made separately. The department shall consider prior
teaching of the course applied for as a part of the approval process.

       (b) Contingent approval. Contingent approval of an mold training course shall be granted
to an applicant after all required information and documentation submitted has been found to
meet the requirements set forth in these sections for approval of the course by the department.
Once the department grants contingent approval, a training provider will be accredited and its
status will be regarded valid for a period of two years from the effective date and shall be
renewable.




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        (c) Full approval. Full approval of an mold training course and the training provider
accreditation shall be granted for a period of two years after the department has granted
contingent approval, has had the opportunity to conduct an on-site observation and evaluation of
the training course, its instructors and its facilities, and has determined that the applicant's mold
training course meets the requirements set forth in these sections. Training course providers shall
permit representatives of the department to attend, evaluate, and monitor any training course
without charge. The department’s compliance inspection staff are not required to give advance
notice of their inspections.

        (d) Applications. An applicant for approval of a mold-training course must submit an
application in writing to the department. Within 30 working days after receiving an application,
the department shall acknowledge receipt of the application and notify the applicant of any
deficiency in the application. The department will approve or deny the application only upon
receipt of the completed application, which shall contain the following information:

               (1) Initial Training Course Approval. The following minimum information is
required for approval of initial training courses:

                       (A) The name and address of the accredited training provider who will
present the course, and the name and phone number of the responsible individual;

                        (B) The type of course for which approval is being requested, including
the length of training in days;

                       (C) A detailed outline of the course curriculum including the specific
topics taught, the amount of time allotted to each topic, the amount and type of hands-on
training, the name and qualifications of the individual developing the instruction program for
each topic, and copies of all written materials to be distributed to the student;

                        (D) A description of the type of equipment owned which must be used in
all full-length courses for demonstrations and/or "hands-on" exercises, including but not limited
to, types of respirators, negative air units, protective clothing, construction materials, HEPA
vacuum, glove bags, etc.,

                       (E) Documentation, including photos and details of assurance that the
number of instructors, the amount of equipment, and the facilities are adequate to provide the
students with proper training;

                      (F) Administration of a written multiple-choice examination at the
conclusion of the course (Remediation workers are exempt from exam). If the department
requires copies of the exam, measures to protect the confidentiality of the exam as the
department to the extent authorized by law will maintain proprietary information;

                       (G) Acknowledgement that the minimum grade that must be obtained on
the exam for a trainee to successfully complete the course is 70% correct;



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                       (H) A list of any other states that currently approve the training course;

                      (I) A copy of all course materials (student manuals, instructor notebooks,
handouts, and other course related materials);

                       (J) A detailed statement about the development of the examination used in
the course;

                     (K) Names and qualifications of all course instructors. Instructors must
have academic and/or field experience in mold remediation or assessment; and

                      (L) A description and example of the numbered certificates issued to
students who attend the course and pass the examination, and attend for accreditation purposes.

               (2) Refresher Training Course Approval. The following minimum information is
required for approval of refresher training courses:

                       (A) The length of training in half-days or days.

                       (B) The topics covered in the course.

                      (C) A copy of all course materials (student manuals, instructor notebooks,
handouts, and other course related materials).

                    (D) The names and qualifications of all course instructors. Instructors
must have academic and/or field experience in mold remediation or assessment; and

                     (E) A description and an example of the numbered certificates issued to
students who complete the refresher course and pass the examination, if required.

                 (3) Withdrawal of Training Course Approval. The following criteria are grounds
for suspending or withdrawing approval from accredited training programs under §295. of this
chapter (relating to Compliance: Reprimand, Suspension, Revocation). At a minimum, the
criteria shall include:

                       (A) Misrepresentation of the extent of a training course's approval by
State;

                       (B) Failure to submit required information or notifications in a timely
manner;

                       (C) Failure to maintain requisite records;

                        (D) Falsification of accreditation records, instructor qualifications, or other
accreditation or registrant’s information;



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                      (E) Failure to adhere to the training standards and requirements of the
State Accreditation Program;

                        (F) An accredited training course instructor, or other person with
supervisory authority over the delivery of training that has been found in violation of other mold
activity regulations in a manner that indicates a lack of ability, capacity or fitness to perform
training duties and responsibilities. An administrative order under §295. of this chapter or §295.
of this chapter (relating to Compliance: Administrative Penalty) constitutes evidence of a failure
to comply with relevant statutes or regulations; or

                       (G) Submittal of false information

       (e) Re-training (Refresher) Courses. For each discipline an annual refresher course shall
be one day in length and shall review and include state regulations; state-of-the-art
developments; and a review of the key aspects of the initial training course.

       (f) Issuance of Certificates. All training certificates shall bear the name, address, and
telephone number of the accredited training facility and the name of the instructor. The training
provider shall:

               (1) Issue certificates that bear the school's name, address, telephone number,
name of accredited person, discipline of the training course completed, name of instructor,
expiration date of two years after the date upon which the person successfully completed the
course or examination, as applicable, and a statement that the student passed the examination and
the date it was taken, or successful completion of course requirements by remediation workers
mold sampling technicians (restricted) for registration purposes.. The certificate must include the
signature of the instructor and the signature of the course director, principal officer, owner, or
CEO. Refresher certificates require all of the above except the examination date;

              (2) Issue a wallet-size photo-identification card, including a description of the
course completed, the effective date, and the social security number of the trainee;

               (3) Submit the names, social security numbers (or other identifiers if the student
does not wish to provide his/her social security number), one-inch by one-inch photos, taken
during the course, and a group photo of the class taken at the end of the course that identifies
which students did and did not pass the course, to the department within 10 working days of the
completion date of each course on a form provided by the department. Digital or scanned
images will be accepted. The group photograph must be no smaller than a standard 3-1/2 inches
x 4-1/4 inches print; and

               (4) Provide student with a current one-inch by one-inch photo attached to a
department application for license/registration. The photograph submitted to the department for
licensing purposes must have a white background.

       (g) Revocation or suspension of approval. The department may revoke or suspend
approval if field site inspections indicate a training course is not providing training that meets the


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requirements of the department or these sections. Training course sponsors shall permit
department representatives to attend, evaluate, and monitor any training course without charge.
The inspection staff may not give advance notice of their inspections.

        (h) Minimum number of instructors. Each course shall require at least the minimum
number of instructors for that course as specified by the department. Only one instructor is
required for courses with five or fewer students. In cases where a second instructor is required, a
guest speaker can substitute for one of the required instructors. The person acting as the second
instructor shall teach a minimum of two hours. Two instructors are not required for worker
courses or refresher courses.


§295.332. Code of Ethics

      (a) The purpose of this section is to establish the standards of professional and ethical
conduct required of a license holder pursuant to the Act, under this section

        (b) A license holder shall undertake to perform only those services for which he or she is
qualified by education, training or experience in the specific technical fields involved.

       (c) A license holder shall adhere to the minimum standards for assessment and
remediation of molds as set forth in these sections.

        (d) A license holder shall avoid circumstances where a conflict of interest may arise,
pursuant to section 295.305, and shall disclose any known or potential conflicts of interest to any
party that may be affected.

       (e) A license holder shall provide only necessary and desired services to a client, and
shall not use mold assessment or mold remediation as a means of selling unnecessary or
unwanted products or services.

        (f) A license holder shall keep confidential any personal information obtained regarding a
client (such as medical conditions) during the course of a mold assessment or remediation,
except when required by law or overriding health and safety considerations.

        (g) A license holder shall utilize, if and when applicable, the services of a laboratory that
is licensed by the Texas Department of Health (department) to provide analysis of mold samples.

       (h) A license holder shall not misrepresent any professional qualifications or credentials.

       (i) A license holder shall not provide any information that is false, deceptive, or
misleading to the department.

      (j) A license holder shall cooperate with the department by furnishing required
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        (k) A license holder shall not consume alcohol or take controlled substances not
prescribed by a licensed physician during the hours the license holder is working

      (l) A license holder shall maintain knowledge and skills for continuing professional
competence. A license holder shall participate in continuing education programs and activities.

        (m) A license holder shall not make any false, misleading, or deceptive claims, or claims
that are not readily subject to verification, in any advertising, announcement, presentation, or in
competitive bidding.

                (1) False, misleading, or deceptive advertising or advertising that is not readily
subject to verification includes advertising that:

                      (A) Makes a material misrepresentation of fact or omits a fact necessary to
make the statement as a whole not materially misleading;

                       (B) Makes a representation likely to create an unjustified expectation
about the results of a service or procedure;

                       (C) Compares a mold professional's service with another                  mold
professional's service unless the comparison can be factually substantiated;

                        (D) Contains a testimonial;

                         (E) Causes confusion or misunderstanding as to the credentials, education,
or registration of a license holder;

                      (F) Makes a representation that is designed to take advantage of the fears
or emotions of a public or customer, including:

                               (i) the use of poorly defined terms such as “black mold” or “toxic
mold”; and

                               (ii) exaggerated claims regarding the health effects of molds.

                       (G) Advertises or represents in the use of professional name, a title or
professional identification that is expressly or commonly reserved to or used by another
profession or professional.

       (n) Disclosure

               (1) A license holder shall make a reasonable attempt to notify each client of the
name, mailing address, and telephone number of the department for the purpose of directing
complaints to the department by providing notification:

                        (A) On each written contract for services of a license holder;


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                       (B) On a sign prominently displayed in the primary place of business of
each license holder; or

                        (C) In a bill for services provided by a license holder to a client or third
party.

      (o) Unless exempt, a license holder shall comply with Subtitle B, Title 12 of the Texas
Occupations Code, Chapter 1958 (the Act).

         (p) Duty to report ethical violations.

               (1) A license holder shall have the responsibility of reporting alleged
misrepresentations or violations of the Act or these sections to the department.

                (2) A license holder shall be responsible for competent and efficient performance
of his duties and shall report to the department incompetence and illegal or unethical conduct of
any practitioner of mold assessment and/or remediation.

                (3) A license holder shall not retaliate against any person who reported in good
faith to the department alleged incompetence; illegal, unethical, or negligent conduct of any
practitioner; or alleged misrepresentation or any violation(s) of the Act or these sections.

               (4) A license holder shall keep his or her file updated by notifying the department
of changes in preferred mailing address and telephone number.


§295.333. Complaints

       (a) The purpose of this section is to set out procedures for the handling of complaints
regarding mold-related activities that affect indoor air quality.

         (b) Filing complaints.

               (1) Any person may complain to The Texas Department of Health (department)
alleging that a licensee, registrant, or another person has violated Subtitle B, Title 12 of the
Texas Occupations Code, Chapter 1958 (the Act) or this subchapter.

               (2) A person wishing to file a complaint against a licensee, registrant, or another
person shall notify the department. The initial notification of a complaint may be in writing, by
telephone, or by personal visit to the administrator's office.

              (3) Upon receipt of a complaint, the administrator shall send to the complainant
an acknowledgment letter and the department's complaint form, which the complainant must
complete and return to the administrator before further action can be taken. If the complaint is
made by visit to the administrator's officer, the form may be given to the complainant at that


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time; however, it must be completed and returned to the department before further action can be
taken.

              (4) Anonymous complaints shall be investigated by the department if the
complainant provides sufficient information.

        (c) Investigation of complaints.

               (1) The department shall investigate any complaint regarding mold-related
activities.

               (2) If the administrator determines that the complaint does not come within the
department's jurisdiction, the administrator shall advise the complainant and if possible, refer the
complainant to the appropriate governmental agency for handling such a complaint.

               (3) The department shall, at least as frequently as quarterly, notify the parties to
the complaint of the status of the complaint until its final disposition.

               (4) If the administrator determines that there are insufficient grounds to support
the complaint, the program administrator shall dismiss the complaint and give written notice of
the dismissal to the registrant or person against whom the complaint has been filed and the
complainant.

                (5) If the administrator determines that there are sufficient grounds to support the
complaint, the administrator may propose to deny, suspend, revoke, or not renew a license,
registration, or accreditation.


§295.334. Compliance: Deaccreditation.

       (a) After notice to the accredited person of an opportunity for a hearing in accordance
with subsection (c) of this subchapter, the Texas Department of Health (department) may
reprimand the accredited person or modify, suspend, suspend on an emergency basis, or revoke
accreditation, license or registration;

       (b) The department may reprimand any accredited , licensed, or registered person, or may
suspend or revoke a license, accreditation, or registration for:

              (1) Performing work requiring a license, accreditation, or registration at a job site
without being in physical possession of initial and current license, accreditation, or registration
certificates;

                (2) Permitting the duplication or use of one's own license, accreditation, or
registration certificate by another;




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               (3) Performing work for which a license, accreditation, or registration has not
been received; or

               (4) Obtaining a license, accreditation, or course completion from a training
provider that does not have accreditation to offer training for the particular discipline from State;

        (c) The contested-case hearing provisions of the Administrative Procedure Act, Texas
Government Code, Chapter 2001 shall apply to any enforcement action proposed to be taken
under this section. The formal hearing procedures of the department in Chapter 1 of this title
(relating to the Board of Health) shall also apply. The person charged with the violation shall be
notified of the alleged violation; the grounds upon which the suspension, revocation, or
withdrawal is based; the time period during which the suspension, revocation, or withdrawal is
effective, whether permanent or otherwise; the conditions, if any, under which the affected entity
may receive accreditation or approval in the future; any additional conditions which the
Commissioner may impose; and the opportunity to request a hearing prior to final department
action to suspend or revoke accreditation or suspend or withdraw approval.

        (d) If an accreditation received under §295. of this chapter (relating to Accreditation:
Mold Remediation) has been suspended, the person(s) named in the suspension shall not be
eligible to reapply for accreditation, license, or register under this section for one year.

       (e) If a license accreditation, registration received under §295. of this chapter has been
revoked, the person(s) named in the revocation shall not be eligible to reapply for license,
accreditation, or registration under these sections for three years.


§295.335. Compliance: Policy of The Texas Department of Health.

The Texas Department of Health’s (department) policy is to gain compliance with these sections
through voluntary efforts by all persons involved in mold-related activity in public buildings.
Appropriate administrative or legal action will be taken for noncompliance with this subchapter.
The type of action to be taken is within the discretion of the department.


§295.336. Compliance: Inspections And Investigations.

        (a) The Texas Department of Health (department) has the right to inspect or investigate
the practices of any person involved with mold-related activity

       (b) Advance notice of inspections or investigations by the department is not required.

        (c) A department representative, upon presenting the department identification (ID) card,
shall have the right to enter at all reasonable times any area or environment, including but not
limited to any containment work area, building, construction site, storage, vehicle, or office area
to inspect and investigate for compliance with these sections, to review records, to question any



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person, or to locate, to identify, and to assess the condition of mold and molds-containing
material.

       (d) A department representative in pursuance of his/her official duties is not required to
notify or seek permission to conduct inspections or investigations. It is a violation of this
subchapter for a person to interfere with, deny, or delay an inspection or investigation conducted
by a department representative.

        (e) Authority and responsibility for the qualifications, health status, and personal
protection of department representatives resides with the department by law. A department
representative shall not be impeded or refused entry in the course of his official duties by reason
of any regulatory or contractual specification.

       (f) All persons engaged in mold-related activities must have the department-issued ID
Card present at the worksite.


§295.337. Compliance: Reprimand, Suspension, Revocation, Probation.

        (a) After notice to the licensee or registrant of an opportunity for a hearing in accordance
with subsection (e) of this section, the Texas Department of Health (department) may deny or
shall reprimand the licensee or registrant or modify, suspend, suspend on an emergency basis,
refuse to renew, or revoke a license or registration; or

        (b) If the department suspends a license, accreditation, or registration on an emergency
basis, the suspension is effective immediately. The department shall then provide an opportunity
for a hearing in accordance with subsection (e) of this section within 20 days after the date of the
emergency suspension.

        (c) The department may deny or shall reprimand any licensee, registrant, or accredited
person by suspending, modifying, suspending, suspending on an emergency basis, refusing to
renew, or revoking a license, registration, or accreditation if the licensee, registrant, or applicant
engages in the behavior listed below. If a license or application has been denied, revoked or
suspended for the reasons listed below, the licensee/applicant named in the revocation is not
eligible to reapply for licensing, accreditation, or registration for the time periods listed. If the
licensee or applicant:

                (1) Has fraudulently or deceptively obtained or attempted to obtain a license,
registration, or accreditation to perform an mold-related activity - ineligible to reapply for three
years;

                (2) Fails at any time to meet the qualifications for a license, registration, or
accreditation - ineligible to reapply until qualifications are met;

               (3) Fails to comply with these rules - ineligible to reapply for three years;



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                (4) Fails to comply with any applicable state standard for mold-related activities -
ineligible to reapply for three years;

                 (5) Fails to maintain the records required by the department for mold-related
activities - ineligible to reapply for one year;

              (6) Falsifies the records required by a federal agency or by the department for
mold-related activities - ineligible to reapply for three years; or

               (7) Has been convicted within the past five years of a felony or misdemeanor
arising from a mold-related-related activity- ineligible to reapply for three years.

        (d) The contested-case hearing provisions of the Administrative Procedure Act, Texas
Government Code, Chapter 2001, shall apply to any enforcement action proposed to be taken
under this section. The formal hearing procedures of the department in Chapter 1 of this title
(relating to the Board of Health) shall also apply.

        (e) Probation. The department may place on probation a person whose license,
accreditation, or registration is suspended. If a suspension is probated, the department may
require the person:

               (1) To report regularly to the department on matters that are the basis of the
probation;

               (2) To limit practice to the areas prescribed by the Board; or

                 (3) To continue or review professional education until the person attains a degree
of skill satisfactory to the Board in those areas that are the basis of the probation.


§295.338. Compliance: Administrative Penalty.

      (a) If a person violates a rule adopted or order issued under the Act, the Texas
Department of Health (department) may assess an administrative penalty.

       (b) The penalty shall not exceed $5,000 a day per violation. Each day a violation
continues will be considered a separate violation. The total penalty will be the sum of all
individual violation penalties.

       (c) In assessing administrative penalties, the department shall consider the:

               (1) History of previous violation(s);

               (2) Seriousness of the violation(s);

               (3) Hazard to the health and safety of the public; and


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                (4) Demonstrated good faith, and any other matter which justice may require.

       (d) Individual violations may be reduced or enhanced based on the considerations listed
in subsection (c) of this section, or any others that justice may require. A reduction or
enhancement may be considered based on the facts presented to the department.

        (f) Violations shall be placed in one of the following severity levels.

               (1) Critical violation. Severity Level I covers violations that are most significant
and have a direct negative impact on public health and safety. This category shall include fraud
and misrepresentation. The base penalty for a Level I violation, first occurrence will not exceed
$5,000 per day, per violation. Examples of Level I violations include, but are not limited to:

                       (A) failure to establish effective containment during mold remediation
activities;

                       (B) working without a license, accreditation, or registration or with
improper (forged, altered, etc.) license, accreditation, or registration;

                       (C) submitting a forged or altered training certificate in order to obtain a
training provider or other license, accreditation, or registration;

                      (D) training providers training without an accreditation or with an
improper accreditation;

                       (E) training providers providing training certificates to persons who have
not attended the required training course as specified by the department; and

                       (F) failure to submit a notification or to pay the required fee.

                (2) Serious violation. Severity Level II covers violations that are significant and
which, if not corrected, could threaten public health and safety. The base penalty for Level II
violations on a first occurrence will not exceed $1,000 per day, per violation. Examples of Level
II violations include, but are not limited to:

                       (A) working with a lapsed or suspended license, accreditation, or
registration;

                       (B) submitting an improper notification;

                     (C) a training provider failing to conduct a training course for the specified
time period as specified in §295.XXX of this chapter (relating to Training: Required Mold
Training Courses);




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                      (D) training with a lapsed training provider accreditation. If this results in
a suspension, the organization and its principals will not be allowed to be accredited for a period
of one year;

                      (E) failure of a licensed, accredited, or registered person to maintain
current training and medical monitoring requirements for job related duties; and

                        (F) failure to pay the required notification fee.

              (3) Significant violation. Severity Level III covers violations that are of more
than minor significance and, if left uncorrected, could lead to more serious circumstances. The
base penalty for Level III violations on first occurrence will not exceed $100 per day, per
violation. Examples of Level III violations include, but are not limited to:

                        (A) Failure to properly complete the notification form;

                     (B) failure to post required documents listed in §582) of this chapter
(relating to Minimum Work Practices);

                        (C) failure to have worker certificate on a job site;

                       (D) failure of a training provider to submit information to the department
regarding training course schedules or to notify the department of cancellations within the
specified time periods;

                      (E) failure of an accredited training provider to submit course completion
information within the specified time period as described in §295. of this chapter (relating to
Training: Approval of Training Courses);

                        (F) a training provider exceeding the maximum trainee-instructor ratio;
and

                        (G) failure to pay the required notification fee within 60 days from the
date of the invoice.

       (g) The person charged with the violation will be given the opportunity for a hearing
conducted in accordance with the applicable provisions of the Administrative Procedure Act,
Texas Government Code, Chapter 2001, and the department's formal hearing procedures in
Chapter 1 of this title (relating to the Board of Health).

       (h) The hearing regarding a proposed administrative penalty may be consolidated with
another hearing on an administrative penalty.

        (i) If the person charged with the violation fails to request a hearing within 30 days
following receipt of a notice of violation, the commissioner of health or his/her designee may
issue a default order assessing the administrative penalty.


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