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April 28, 2004: Texas Adopts Final Rules On Mold

April 28, 2004
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AUSTIN, Texas - The Texas Board of Health (BOH) adopted final rules concerning the regulation of mold-related activities that affect indoor air quality at its meeting on April 15, 2004, with a requirement that several amendments be made. It is anticipated that the notice of adoption and the amendments will be published in the Texas Register on April 30. The rules will become effective 20 days after publication.

The amendments include:

  • A passing grade of 80 percent (rather than 70 percent) will be required on the state licensing exams and on the course tests that will be given by accredited training providers.

  • The definitions of "containment" and "indoor air" were clarified, and the requirements for containment during remediation were modified to prevent contamination within other areas of the building (air can be exhausted directly outside from a containment area with no filtration).

  • Additional acceptable training was added for persons seeking licensure as a mold analysis laboratory.

  • The portion in training courses on health effects of mold will follow a protocol developed in consultation with state professional associations, at least one of which must be a medical association.

  • The use of an N-95 respirator during mold remediation will be recommended, but will not be required.

    Application forms for licensing of laboratories and accreditation of training providers are expected to be available by May 20, 2004, the anticipated effective date of the rules. Licensing of individuals and companies and registration of mold remediation workers will begin after the state examinations have been developed that individual applicants for licensing will be required to take and pass. The first exams will be offered this summer.

    The rules allow a grace period through Jan. 1, 2005, to allow time for those conducting mold-related activities to obtain licensure before being out of compliance with the law.

    Publication date: 04/26/2004

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