The four letter “M” word typically strikes a little fear and panic in most property owners across the country. Mold or “suspicious growth”, as remediation contractors like to refer to it before a protocol has been developed, is something that has been around since the beginning of time. In fact mold is around us almost daily. A quick search on the local weather station’s website will more than likely turn up some amount of mold on the daily allergen/pollen report.
Interestingly, Texas is one of three states (Florida and Louisiana are the other two) in the country that have regulations when it comes to Mold. The Texas Mold Assessment and Remediation Rules officially became state law on May 16th, 2004. The Texas Mold Regulations specifically apply to anyone “conducting mold‐related activities that affect indoor air quality.” Basically, you must be licensed to perform mold‐related activities including the following:
- Assessment: 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 or mold; the development of a mold remediation protocol; or the collection or analysis of a mold sample.
- Remediation: the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold contaminated matter that was not purposely frown at a location. Preventive activities include those intended to prevent future mold contamination of a remediated are, including applying biocides or anti‐microbial compounds.
The following situations are Exceptions and in these situations, the Texas Mold Rules do not apply:
The following activities when not conducted for the purpose of mold assessment or mold remediation:
- Routine cleaning.
- The diagnosis, repair, cleaning, or replacement of plumbing, HVAC, electrical, or air duct system or appliances.
- Commercial or residential real estate inspections.
- The incidental discovery or emergency containment of potential mold contamination during the above listed services.
- The repair, replacement, or cleaning of construction materials during the building phase of a structure
- The standard custodial activities, preventive maintenance, and routine property assessments for a government entity (such as a school).
In addition, you are exempt from the Texas Mold Regulations if you or your project falls in the following categories:
- The amount of mold contamination affects a total surface area of less than 25 contiguous square feet.
- You are the owner, managing agent or employee of an owner performing mold‐related activities on a residential property that has fewer than 10 residential dwelling units, regardless of the total surface area of mold contaminated material
- You are the owner or tenant, or a managing agent or employee of an owner or tenant, performing mold‐related activities on property owned or leased and the amount of mold contamination affects a total surface area of less than 25 contiguous square feet.
- Insurance adjusters that are investigation and reviewing losses to insured property, assigning coverage, or estimating reasonable and customary expenses due under the policy do not need to be separately licensed under the Texas Mold Regulations
- A person is not required to be licensed 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.
The Texas Mold regulations can be confusing. If you have any questions on mold or the Texas Mold Regulations, please reach out to your friends at GCI Remediation, and we will be glad to help you out. Until next time my friends, be prepared and stay safe.
Reference: CAM Environmental Services “A guide to Texas Mold Regulations” and Texas Occupations Code, Title 12, Subtitle B., Chapter 1958.
Mold Assessors and Remediators