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Who's Required to have a Florida Mold License?

John Lapotaire CIEC Florida Licensed Mold AssessorI am often asked who in the State of Florida needs a license to preform Mold Assessments and/or Mold Remediation. At the top of the list are General Contractors, Home Inspectors, Duct Cleaners, and Air Conditioning Contractors.

Let’s start with why the state decided to require a license?

The Florida Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services.

Now let’s get to the individuals that believe they don’t require a mold license.  First home inspectors and the answer is yes, a home inspector requires a mold assessor’s license to conduct a mold inspection and yes the collection of samples to identify the presence of mold requires a mold assessor’s license.

As for the duct cleaners and air conditioning contractors, the answer is also yes.  Anyone removing or identifying mold in a home or business requires a mold assessment or mold remediation license and that includes those in the air conditioning and duct cleaning business.

There are exceptions to the law and those are listed below. Which brings us to the general contractor?  Does the GC need a mold license? No. As the law currently states the prohibitions in the law do not apply to a Division 1 contractor as stated below.

468.8419 Prohibitions; penalties.—


(1) A person may not:

(d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator’s company provided a mold remediation within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold remediation and offers to perform the mold assessment, the contract for mold assessment provided to the homeowner disclose that he or she has the right to request competitive bids.

(d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner disclose that he or she has the right to request competitive bids.

You may want to ensure that your GC is actually trained in Mold Assessment or Mold Remediation before you hire him. Currently the law requires nothing in the form of mold assessment or mold remediation training for a GC.

A Florida Licensed Mold Assessor or Mold Remediator must first take and pass one of the examinations approved by the department and administered by the American Council for Accredited Certification (ACAC).

The ACAC has certifications for both the Assessor and Remediator, such as the CIEC Council-certified Indoor Environmental Consultant Required: 8 years’ experience consulting on indoor environmental issues including asbestos, lead, HVAC, building science, chemicals, mold and microbial contamination, or the CMC Council-certified Microbial Consultant Required: 8 years’ experience in designing and conducting microbial sampling regimens, or the CMRS Council-certified Microbial Remediation Supervisor Required: 5 years’ experience remediating microbial issues in the indoor environment, and the CMR Council-certified Microbial Remediator Required: 2 years, experience remediating microbial issues in the indoor environment.

I would much prefer that my Mold Assessor or Mold Remediator be Licensed by the state and have the ACAC qualifications.

Mold assessment is a process performed by a mold assessor that includes the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 10 square feet.

Mold remediation is the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location; however, such removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, may not be work that requires a license under Chapter 489, Florida Statutes, unless performed by a person who is licensed under that chapter or the work complies with that chapter.

These items are offered as examples of services you do need to hire a person with a Florida license and services you do not need to hire a person with a Florida license. The list is not all inclusive. If you have specific questions, please contact the department at 850.487.1395850.487.1395 or review the rules for the profession at www.myfloridalicense.com. You should also check with your county or city to learn whether or not a local business tax receipt or certificate of competency is required for services that do not require a state license. Please visit our Unlicensed Activity page to learn more about how you can help us combat Unlicensed Activity.


Needs a License Does not need a License
Advertising or representing oneself to be a Mold Assessor or Remediator. A residential property owner who performs mold assessment on his or her own property.
Taking samples for purposes of testing for the presence of mold. A person who performs mold assessment on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold assessment for the public.
  A person who performs mold assessment on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold assessment for the public.
  A person working solely as an officer or employee of a governmental entity.

 

Here are some Florida Mold License FAQ’s Frequently Asked Questions and Answers.


What are the statutes and rules that govern the mold-related services Profession?


Chapter 468, Part XVI of the Florida Statutes and Rule 61-31 of the Florida Administrative Code.


What are the statutes and rules that govern the Home Inspection Profession?


Chapter 468 Part XV of the Florida Statutes and Rule 61-30 of the Florida Administrative Code.



Where can I obtain the laws and rules of the profession?

The laws and rules may be obtained on the website at www.MyFloridaLicense.com > Our Businesses & Professions > the license you are looking for > Statutes and Rules.

If you need further assistance, you may call the Customer Contact Center at 850.487.1395850.487.1395

 

If my company does both Mold Assessments and Mold Remediations, will I be required to get two (2) licenses (one for Mold Assessor and one for Mold Remediator?

Yes, in addition, please note Section 468.8419(1)(d), F.S., provides that an assessor may not “perform or offer to perform any remediation to a structure on which the mold assessor or the assessor’s company provided a mold assessment within the last 12 months.” Section 468.8419(2)(d), F.S., provides that a remediator may not “perform or offer to perform any assessment to a structure on which the mold remediator or the remediator’s company provided a mold remediation within the last 12 months.”


Will there be additional requirements by DBPR to have an “applicators” license if the mold remediator applies chemicals to contaminated surfaces during a remediation?


No, please see the definition of remediators as it allows the remediator to treat and do preventive activities.


Is there a provision that would allow those licensed by the Construction Industry Licensing Board (CILB) to perform mold related services as long as they stay within the scope of their current licenses?


Yes, Section 468.841 F.S., exempts persons from the provisions of Chapter 468, Part XVI, when acting within their authorized scope of practice as licensed under Federal, state or local codes or statutes. Any person acting on this exemption must not hold himself or herself out for hire as a licensed assessor or remediator or any title implying licensure under Chapter 468, Part XVI.

 

468.8419 Prohibitions; penalties.—

(1) A person may not:

(a) Effective July 1, 2011, perform or offer to perform any mold assessment unless the mold assessor has documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Effective July 1, 2011, perform or offer to perform any mold assessment unless the person has complied with the provisions of this part.

(c) Use the name or title “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner disclose that he or she has the right to request competitive bids.

(e) Inspect for a fee any property in which the assessor or the assessor’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator’s company for the referral of any business to the mold remediator or the mold remediator’s company.

(g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company.

(h) Accept an engagement to make an omission of the assessment or conduct an assessment in which the assessment itself, or the fee payable for the assessment, is contingent upon the conclusions of the assessment.

(2) A mold remediator, a company that employs a mold remediator, or a company that is controlled by a company that also has a financial interest in a company employing a mold remediator may not:

(a) Perform or offer to perform any mold remediation unless the remediator has documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Perform or offer to perform any mold remediation unless the person has complied with the provisions of this part.

(c) Use the name or title “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator’s company provided a mold remediation within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold remediation and offers to perform the mold assessment, the contract for mold assessment provided to the homeowner disclose that he or she has the right to request competitive bids.

(e) Remediate for a fee any property in which the mold remediator or the mold remediator’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.

(g) Offer any compensation, inducement, or reward to a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.

(3) Any person who violates any provision of this section commits:

(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.

(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.

(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

468.841 Exemptions.—

(1) The following persons are not required to comply with any provisions of this part relating to mold assessment:

(a) A residential property owner who performs mold assessment on his or her own property.

(b) A person who performs mold assessment on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership, or on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold assessment for the public.

(c) An employee of a mold assessor while directly supervised by the mold assessor.

(d) Persons or business organizations acting within the scope of the respective licenses required under part XV of this chapter, chapter 471, part I of chapter 481, chapter 482, or chapter 489 1are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure under this part.

(e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold assessment within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold assessment.

(2) The following persons are not required to comply with any provisions of this part relating to mold remediation:

(a) A residential property owner who performs mold remediation on his or her own property.

(b) A person who performs mold remediation on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership, or on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold remediation for the public.

(c) An employee of a mold remediator while directly supervised by the mold remediator.

(d) Persons or business organizations that are acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof stating or implying licensure under this part.

(e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold remediation within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold remediation.

 

• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
• www.Microshield-ES.com


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