Senate Bill No. 132–Senator Coffin
February 13, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Requires licensure of persons engaged in certain activities relating to control of mold. (BDR 53‑235)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to mold; requiring the Division of Industrial Relations of the Department of Business and Industry to license and regulate persons engaged in activities relating to the control of mold; requiring the Division to establish certain regulations, procedures and standards for activities relating to the control of mold; requiring the State Environmental Commission to adopt regulations for the disposal of mold and material containing mold; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 618 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 28, inclusive, of this
1-3 act.
1-4 Sec. 2. As used in sections 2 to 28, inclusive, of this act,
1-5 unless the context otherwise requires, the words and terms defined
1-6 in sections 3 to 8, inclusive, of this act have the meanings ascribed
1-7 to them in those sections.
1-8 Sec. 3. “Control of mold” means:
1-9 1. The inspection and testing of mold; and
1-10 2. The remediation of mold.
2-1 Sec. 4. “Inspection and testing of mold” includes, without
2-2 limitation:
2-3 1. Visual inspection;
2-4 2. Surface sampling;
2-5 3. Air monitoring; and
2-6 4. Laboratory analysis.
2-7 Sec. 5. “Mold” means any form of multicellular fungi that
2-8 lives on plant or animal matter and in indoor environments. Types
2-9 of mold include, without limitation:
2-10 1. Cladosporium;
2-11 2. Penicillium;
2-12 3. Alternaria;
2-13 4. Aspergillus;
2-14 5. Fuarim;
2-15 6. Trichoderma;
2-16 7. Memnoniella;
2-17 8. Mucor; and
2-18 9. Stachybotrys chartarum.
2-19 Sec. 6. “Occupation” means a specific discipline involved in
2-20 a project for the control of mold, including, without limitation,
2-21 those tasks performed respectively by an inspector, management
2-22 planner, consultant, project designer, contractor, supervisor or
2-23 worker engaged in the control of mold.
2-24 Sec. 7. “Remediation of mold” includes, without limitation:
2-25 1. The enclosure or removal of mold or material containing
2-26 mold from a building or structure, including any associated
2-27 mechanical systems inside or outside the building or structure;
2-28 2. The abatement of the danger posed to human beings by the
2-29 presence of mold or material containing mold in a building or
2-30 structure, including any associated mechanical systems inside
2-31 or outside the building or structure;
2-32 3. The repair, renovation or demolition of a building or
2-33 structure containing mold or material containing mold; or
2-34 4. Any activity connected with the enclosure, removal,
2-35 abatement, repair, renovation or demolition of a building or
2-36 structure containing mold or material containing mold.
2-37 Sec. 8. “Worker” means any person actually engaged in
2-38 work directly related to the control of mold on a project for the
2-39 control of mold who is not required to be licensed in any other
2-40 occupation.
2-41 Sec. 9. Sections 2 to 28, inclusive, of this act do not apply to
2-42 the control of mold by a person in his own residence.
3-1 Sec. 10. 1. The Division shall adopt regulations
3-2 establishing standards and procedures for the licensure of each
3-3 occupation. The regulations must include, without limitation,
3-4 standards for:
3-5 (a) Examinations;
3-6 (b) Qualifications;
3-7 (c) Renewal of licenses; and
3-8 (d) Revocation of licenses.
3-9 2. The Division shall adopt, by regulation, standards for:
3-10 (a) Projects for the control of mold;
3-11 (b) Specifying the amount of mold within a material which
3-12 must be present to qualify the material as a “material containing
3-13 mold” for the purposes of sections 2 to 28, inclusive, of this act;
3-14 (c) Laboratories which analyze material for the presence of
3-15 mold;
3-16 (d) Laboratories which collect or analyze air samples for
3-17 projects for the control of mold; and
3-18 (e) The assessment of the exposure of occupants of a building
3-19 or structure at the completion of a project for the control of mold.
3-20 3. The Division shall adopt, by regulation, a standard for the
3-21 assessment of the exposure of the occupants of a building or
3-22 structure to mold. The standard:
3-23 (a) Must be at least as stringent as the corresponding federal
3-24 standard, if one has been adopted;
3-25 (b) May be used:
3-26 (1) To assess the need to respond to the presence of mold in
3-27 a building or structure; or
3-28 (2) To determine which buildings or structures are most in
3-29 need of such response; and
3-30 (c) Does not create a duty for the Division to inspect any
3-31 building or structure except in connection with the enforcement of
3-32 this chapter.
3-33 4. The Division may adopt such other regulations as are
3-34 necessary to carry out the provisions of sections 2 to 28, inclusive,
3-35 of this act.
3-36 Sec. 11. 1. The costs of carrying out the provisions of
3-37 sections 2 to 28, inclusive, of this act must be paid from
3-38 assessments payable by each insurer based upon expected annual
3-39 expenditures for claims. The Division shall adopt regulations
3-40 which establish formulas for assessments which result in an
3-41 equitable distribution of costs among the insurers.
3-42 2. The Division shall establish, by regulation, a schedule of
3-43 fees designed to recover revenue to defray the cost of carrying out
3-44 the provisions of sections 2 to 28, inclusive, of this act. The
3-45 Division may collect reasonable fees for applications, the issuance
4-1 and renewal of licenses, examinations, job notifications and
4-2 inspections, recordkeeping, and any other activity of the Division
4-3 related to the provisions of sections 2 to 28, inclusive, of this act.
4-4 3. Any fees collected pursuant to this section must be used to
4-5 offset the assessments established pursuant to this section.
4-6 4. As used in this section, “insurer” has the meaning ascribed
4-7 to it in NRS 232.550.
4-8 Sec. 12. The State Environmental Commission shall adopt,
4-9 by regulation, standards for the disposal of mold and material
4-10 containing mold.
4-11 Sec. 13. All mold and material containing mold removed
4-12 from a building or structure during a project for the control of
4-13 mold must be disposed of in accordance with the regulations
4-14 adopted by the State Environmental Commission for the disposal
4-15 of mold and materials containing mold.
4-16 Sec. 14. A person shall not engage in a project for the
4-17 control of mold unless he holds a valid license issued by the
4-18 Division.
4-19 Sec. 15. 1. The Division shall issue licenses to qualified
4-20 applicants in each occupation.
4-21 2. The Division may adopt regulations to include within the
4-22 definition of “occupation” any discipline deemed necessary.
4-23 Sec. 16. A person applying for a license in an occupation
4-24 must:
4-25 1. Submit an application on a form prescribed and furnished
4-26 by the Division, accompanied by the fee prescribed by the
4-27 Division;
4-28 2. Pass an examination approved or administered by the
4-29 Division for that occupation;
4-30 3. If the person is a contractor, present proof satisfactory to
4-31 the Division that he is insured to the extent determined necessary
4-32 by the Administrator for the appropriate activities for the control
4-33 of mold permitted under the requested license, for the effective
4-34 period of the license; and
4-35 4. Meet any additional requirements established by the
4-36 Division.
4-37 Sec. 17. 1. An applicant for the issuance or renewal of a
4-38 license in an occupation shall submit to the Division the statement
4-39 prescribed by the Welfare Division of the Department of Human
4-40 Resources pursuant to NRS 425.520. The statement must be
4-41 completed and signed by the applicant.
4-42 2. The Division shall include the statement required pursuant
4-43 to subsection 1 in:
4-44 (a) The application or any other forms that must be submitted
4-45 for the issuance or renewal of the license; or
5-1 (b) A separate form prescribed by the Division.
5-2 3. A license in an occupation may not be issued or renewed
5-3 by the Division if the applicant:
5-4 (a) Fails to submit the statement required pursuant to
5-5 subsection 1; or
5-6 (b) Indicates on the statement submitted pursuant to
5-7 subsection 1 that he is subject to a court order for the support of a
5-8 child and is not in compliance with the order or a plan approved
5-9 by the district attorney or other public agency enforcing the order
5-10 for the repayment of the amount owed pursuant to the order.
5-11 4. If an applicant indicates on the statement submitted
5-12 pursuant to subsection 1 that he is subject to a court order for the
5-13 support of a child and is not in compliance with the order or a
5-14 plan approved by the district attorney or other public agency
5-15 enforcing the order for the repayment of the amount owed
5-16 pursuant to the order, the Division shall advise the applicant to
5-17 contact the district attorney or other public agency enforcing the
5-18 order to determine the actions that the applicant may take to
5-19 satisfy the arrearage.
5-20 Sec. 18. An application for the issuance of a license in an
5-21 occupation must include the social security number of the
5-22 applicant.
5-23 Sec. 19. 1. To renew a license, a person must, on or before
5-24 January 1 of each year:
5-25 (a) Apply to the Division for renewal;
5-26 (b) Submit the statement required pursuant to section 17 of
5-27 this act;
5-28 (c) Pay the annual fee for renewal set by the Division; and
5-29 (d) Submit evidence satisfactory to the Division of his
5-30 completion of the requirements for continuing education or
5-31 training established by the Division, if any.
5-32 2. The Division may adopt regulations requiring continuing
5-33 education or training of the licensees in any occupation and, as a
5-34 prerequisite to the renewal or restoration of a license, require each
5-35 licensee to comply with those requirements.
5-36 Sec. 20. The Division shall not issue a license as a contractor
5-37 for projects for the control of mold on the basis of the status of a
5-38 person pursuant to chapter 624 of NRS as a qualified employee.
5-39 Sec. 21. A person licensed as a contractor for projects for the
5-40 control of mold shall:
5-41 1. If a laboratory is used for any aspect of collecting or
5-42 analyzing air samples for a project, use only a laboratory which
5-43 meets the standards adopted by the Division.
6-1 2. If a commercial laboratory is used for any aspect of
6-2 collecting or analyzing air samples for a project, use only a
6-3 laboratory in which the contractor or owner of the building or
6-4 structure has no financial interest, unless the Division by
6-5 regulation provides otherwise.
6-6 3. Comply with the standards adopted by the Division for
6-7 projects for the control of mold.
6-8 4. Unless specifically exempted by the Division, refrain from
6-9 providing any of the services of an inspector, management
6-10 planner, consultant or project designer on a project.
6-11 Sec. 22. A person licensed as a contractor for projects for the
6-12 control of mold shall not employ to engage in activities directly
6-13 related to mold on his projects a person who is not licensed
6-14 pursuant to section 15 of this act.
6-15 Sec. 23. The Division or a person authorized by the Division
6-16 shall inspect annually at least one project for the control of mold
6-17 conducted by each contractor licensed pursuant to section 15 of
6-18 this act. The contractor shall, upon request of the Division or a
6-19 person authorized by the Division, allow the inspection of all
6-20 property, activities and facilities at the project and all related
6-21 documents and records.
6-22 Sec. 24. 1. If the Division receives a copy of a court order
6-23 issued pursuant to NRS 425.540 that provides for the suspension
6-24 of all professional, occupational and recreational licenses,
6-25 certificates and permits issued to a person who is the holder of a
6-26 license in an occupation, the Division shall deem the license
6-27 issued to that person to be suspended at the end of the 30th day
6-28 after the date on which the court order was issued unless the
6-29 Division receives a letter issued to the holder of the license by the
6-30 district attorney or other public agency pursuant to NRS 425.550
6-31 stating that the holder of the license has complied with the
6-32 subpoena or warrant or has satisfied the arrearage pursuant to
6-33 NRS 425.560.
6-34 2. The Division shall reinstate a license in an occupation that
6-35 has been suspended by a district court pursuant to NRS 425.540 if
6-36 the Division receives a letter issued by the district attorney or other
6-37 public agency pursuant to NRS 425.550 to the person whose
6-38 license was suspended stating that the person whose license was
6-39 suspended has complied with the subpoena or warrant or has
6-40 satisfied the arrearage pursuant to NRS 425.560.
6-41 Sec. 25. 1. If the Division finds that a person, other than a
6-42 worker, has violated any of the provisions of sections 13, 14, 21 or
6-43 22 of this act, or the standards or regulations adopted pursuant to
6-44 sections 2 to 28, inclusive, of this act, the Division may:
7-1 (a) Upon the first violation, impose upon the person an
7-2 administrative fine of not more than $15,000.
7-3 (b) Upon the second and subsequent violations:
7-4 (1) Impose upon the person an administrative fine of not
7-5 more than $25,000; and
7-6 (2) If the person is licensed pursuant to section 15 of this
7-7 act, revoke his license and require the person to fulfill certain
7-8 requirements, as determined by the Division, to have his license
7-9 reinstated.
7-10 2. Any penalty imposed pursuant to this section does not
7-11 relieve the person from criminal prosecution for engaging in the
7-12 control of mold without a license.
7-13 3. If the license of a contractor for projects for the control of
7-14 mold is revoked pursuant to this section and the owner of a
7-15 building or structure upon which the contractor is engaged in a
7-16 project employs another licensed contractor to complete the
7-17 project, the original contractor may not bring an action against
7-18 the owner of the building or structure for breach of contract or
7-19 damages based on the employment of another contractor.
7-20 Sec. 26. 1. If the Division intends to revoke a person’s
7-21 license, the Division shall first notify the person by certified mail.
7-22 The notice must contain a statement of the Division’s legal
7-23 authority, jurisdiction and reasons for the proposed action.
7-24 2. Notwithstanding the notification requirements of
7-25 subsection 1, if the Division finds that protection of the public
7-26 health requires immediate action, the Division may order a
7-27 summary suspension of a license pending proceedings for
7-28 revocation.
7-29 3. A person is entitled to a hearing to contest the summary
7-30 suspension or proposed revocation of his license. A request for
7-31 such a hearing must be made pursuant to regulations adopted by
7-32 the Division.
7-33 4. Upon receiving a request for a hearing to contest a
7-34 summary suspension, the Division shall hold a hearing within 10
7-35 days after the date of the receipt of the request.
7-36 Sec. 27. 1. The Division may maintain in any court of
7-37 competent jurisdiction a suit for an injunction against any person
7-38 engaged in the control of mold in violation of the provisions of
7-39 sections 13, 14, 21 or 22 of this act or the standards or regulations
7-40 adopted by the Division pursuant to sections 2 to 28, inclusive, of
7-41 this act.
7-42 2. An injunction:
7-43 (a) May be issued without proof of actual damage sustained by
7-44 any person, this provision being a preventive as well as a punitive
7-45 measure.
8-1 (b) Does not relieve the person from criminal liability for
8-2 engaging in the control of mold without a license.
8-3 Sec. 28. Any person who engages in the control of mold
8-4 without a license issued by the Division is guilty of a
8-5 misdemeanor.
8-6 Sec. 29. Section 19 of this act is hereby amended to read as
8-7 follows:
8-8 Sec. 19 1. To renew a license, a person must, on or
8-9 before January 1 of each year:
8-10 (a) Apply to the Division for renewal;
8-11 (b)[Submit the statement required pursuant to
8-12 NRS 618.801;
8-13 (c)]Pay the annual fee for renewal set by the Division;
8-14 and
8-15 [(d)] (c) Submit evidence satisfactory to the Division of
8-16 his completion of the requirements for continuing education
8-17 or training established by the Division, if any.
8-18 2. The Division may adopt regulations requiring
8-19 continuing education or training of the licensees in any
8-20 occupation and, as a prerequisite to the renewal or restoration
8-21 of a license, require each licensee to comply with those
8-22 requirements.
8-23 Sec. 30. 1. This section and sections 1 to 28, inclusive, of
8-24 this act become effective on July 1, 2003.
8-25 2. Section 29 of this act becomes effective on the date on
8-26 which the provisions of 42 U.S.C. § 666 requiring each state to
8-27 establish procedures under which the state has authority to withhold
8-28 or suspend, or to restrict the use of professional, occupational and
8-29 recreational licenses of persons who:
8-30 (a) Have failed to comply with a subpoena or warrant relating to
8-31 a proceeding to determine the paternity of a child or to establish or
8-32 enforce an obligation for the support of a child; or
8-33 (b) Are in arrears in the payment for the support of one or more
8-34 children,
8-35 are repealed by the Congress of the United States.
8-36 3. Sections 17, 18 and 24 of this act expire by limitation on the
8-37 date on which the provisions of 42 U.S.C. § 666 requiring each state
8-38 to establish procedures under which the state has authority to
8-39 withhold or suspend, or to restrict the use of professional,
8-40 occupational and recreational licenses of persons who:
8-41 (a) Have failed to comply with a subpoena or warrant relating to
8-42 a proceeding to determine the paternity of a child or to establish or
8-43 enforce an obligation for the support of a child; or
9-1 (b) Are in arrears in the payment for the support of one or more
9-2 children,
9-3 are repealed by the Congress of the United States.
9-4 H