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March 9, 2002

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Subject :

Mold Part 2

Date :

Fri, 8 Mar 2002 10:12:39 EST

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statewide, a notice that informs interested persons that the department has

initiated work on the identification guidelines for mold.

(2) The notice shall also include a brief description or a

bibliography of the technical documents or other information the department

has identified to date as relevant to the preparation of identification

guidelines for mold.

(3) The notice shall inform persons who wish to submit mold identification

of the name and address of the person in the department to whom the

information may be sent, the date by which the information must be received

in order for the department to consider it in the preparation of the

identification guidelines, and that all information submitted will be

available to any member of the public who makes the request.

12669.15. All identification guidelines for mold published by the department

shall be reviewed at least once every five years and revised, as necessary,

based upon the availability of new scientific data or information on

effective mold identification.

Article 3. Guidelines for Remediation

12669.16. The department, in consultation with the task force convened

pursuant to Section 12669.3, shall develop and disseminate remediation

guidelines for molds in indoor environments.

12669.17. (a) Remediation guidelines for mold developed by the department

shall do all of the following:

(1) Provide practical guidance for the removal of mold and abatement of the

underlying cause of mold and associated water intrusion and water damage in

indoor environments.

(2) Protect the public's health.

(3) Utilize and include toxicological reports, the latest scientific data,

or existing standards for the remediation of molds adopted by authoritative

bodies.

(4) Provide practical guidance for the removal or cleaning of contaminated

materials in a manner that protects the health of the person performing the

abatement.

(5) Include criteria for personal protective equipment.

(6) Require utilization of the services of a specifically qualified and

trained professional to conduct the mold remediation.

( The department shall consider all of the following criteria when it

develops remediation guidelines for mold:

(1) Permissible exposure limits to molds developed by the department

pursuant to subdivisions (a) and ( of Section 12669.5 or what constitutes

a health threat posed by the presence of mold, both visible and invisible or

hidden, in an indoor environment, according to the departments guidelines as

developed pursuant to Section 12669.7.

(2) Guidelines for mold remediation adopted by authoritative bodies.

(3) Professional judgment and practicality.

landlord or a public entity that rents or leases a unit or building to

conduct air or surface tests of units or buildings to determine whether the

presence of molds exceeds the permissible exposure limits to mold

established by subdivisions (a), (, and © of Section 12669.5.

(d) The department shall report to the legislature on its progress in

developing the assessment standards for molds by July 1, 2003.

12669.18 (a) The department shall, at the time it commences preparation of

identification guidelines for mold, provide notice electronically by posting

on its Internet Web Site and by publication in newsprint and television

broadcast, statewide, a notice that informs interested persons that the

department has initiated work on the identification guidelines for mold.

( The notice shall also include a brief description or a

bibliography of the technical documents or other information the department

has identified to date as relevant to the preparation of identification

guidelines for mold.

identification of the name and address of the person in the department to

whom the information may be sent, the date by which the information must be

received in order for the department to consider it in the preparation of

the identification guidelines, and that all information submitted will be

available to any member of the public who makes the request.

12669.19. The department may review, and consider adopting by reference, any

information prepared by, or on behalf of the United States Environmental

Protection Agency or other authoritative bodies, for the purpose of adopting

national remediation standards for mold as long as they are not less

stringent than those already defined.

12669.20, (a) The department shall make available to the public upon

request, information about contracting for the removal of mold in a building

or surrounding environment, including all of the following:

(1) Recommended steps to take when contracting with a company to remove

mold.

(2) Existing laws, regulations, and guidelines developed by the department,

pertaining to permissible exposure limits to mold infestation,

identification, and remediation.

(3) Basic health information as contained in existing mold publications.

( All mold remediation guidelines published by the department shall be

reviewed at least once every five years and revised as necessary based upon

the availability of new scientific data.

materials and resources to inform the public about the health effects of

molds, methods to prevent, identify and remediate mold growth, resources to

obtain information about molds, and contact information for individuals,

organizations, or government entities to assist with public concerns about

molds.

(2) The department shall make its public information materials available to

public health officers, environmental health officers, commercial and

residential landlord organizations, homeowner and tenant organizations.

These materials shall be readily available to the general public.

(3) These materials shall be comprehensible to the general public.

(4) These materials shall be made available on the department's internet

website.

Article 4. Disclosures

12669.21. (a) Subject to subdivisions (, ©, (d), (e) and (f), a seller

or transferor of residential, commercial or industrial real property, shall

provide written disclosure to prospective buyers as soon as practicable

before the transfer of title when the seller or transferor knows of, or has

a suspicion of, the presence of mold, both visible and invisible or hidden,

that effects the unit or building and the mold either exceeds permissible

exposure limits to molds established by subdivisions (a), ( and © of

Section 12669.5 or poses a health threat according to the department

guidelines as developed pursuant to Section 12669.7.

( A seller or transferor of residential, commercial or industrial real

property shall not be exempt from providing written disclosure pursuant to

this subdivision if the presence of mold was remediated according to the

mold remediation guidelines developed by the department pursuant to Section

12669.16.

shall be required to conduct air or surface tests of units or buildings to

determine whether the presence of mold exceeds the permissible exposure

limits to molds established by subdivisions (a) and ( of Section 12669.5.

(d) The requirements of this section shall not apply until the first January

1 or July 1 that occurs six months after the department adopts standards

pursuant to Section 12669.5 and 12669.7 and develops guidelines pursuant to

Section 12669.16.

(e) The requirements of this section as to the notification and disclosure

of mold by sellers or transferors of residential, commercial or industrial

real property shall begin immediately upon passage of this bill.

(f) The written notice required by subdivision (a) shall be provided to

prospective tenants as soon as practicable and prior to entering into a

rental agreement. It will also be provided to current tenants in affected

units as soon as possible.

12669.22. Any tenant of a residential, commercial or industrial real

property who knows that mold is present in the building, heating system,

ventilating or air-conditioning system, or appurtenant structures or that

there is a condition of chronic water intrusion or flood, shall inform the

landlord of this knowledge in writing within a reasonable period of time.

The tenant shall make the property available to the landlord or his or her

agents for appropriate assessment or remedial action as soon as is

reasonably practicable if the landlord is responsible for the maintenance of

the property. Nothing in this section is intended to any way affect existing

duties and obligations of residential tenants and landlords.

12669.23. Residential, commercial and industrial landlords, who know,

suspect or have notice that mold is present in the building, heating system,

ventilating or air-conditioning system, or appurtenant structures, or there

is a condition of chronic water intrusion or flood, have an affirmative

duty, within a reasonable and timely period, to assess the presence of mold

or condition likely to result in the presence of mold and conduct the

required remedial action.

12669.24. The requirements of this article shall not apply to properties

that are leased or rented where the tenant is contractually responsible for

maintenance of the property, including any remedial action.

12669.25. Any tenant of a residential, commercial or industrial real

property who knows, suspects or is informed that mold is present in the

building, heating system, ventilating or air-conditioning system, or

appurtenant structures or that there is a condition of chronic water

intrusion or flood, and is responsible for the maintenance of the property

shall inform the landlord of this knowledge in writing within a reasonable

period of time and shall correct the condition in compliance with the terms

of the contract with the landlord.

12669.26. (a) Any public entity that owns, leases, or operates a building

shall provide written notice to all building occupants and prospective

tenants as specified in subdivision ( when the public entity knows,

suspects, or has reasonable cause to believe, that a condition of chronic

water intrusion or flood exists, or that mold, both visible and invisible or

hidden, is present that affects the building or unit and the mold either

exceeds the permissible exposure limits to molds established by subdivisions

(a) and ( of Section 12669.5, or poses a health threat according to the

departments guidelines developed pursuant to Section 12669.7.

( The written notice required by subdivision (a) shall be provided:\

(1) To prospective tenants as soon as possible and prior to entering into

any rental or lease agreement.

(2) To current building occupants in affected buildings or units as soon as

possible.

tenants or prospective tenants pursuant to this subdivision if the presence

of mold was remediated according to the mold remediation guidelines

developed by the department pursuant to Section 12669.16.

(d) The requirements of this section shall not apply until the first January

1 or July 1 that occurs six months after the department adopts standards

pursuant to Section 12669.5 and 12669.7 and develops guidelines pursuant to

Section 12669.16.

12669.27. Nothing in this article shall relieve a seller, transferor,

lessor, agent, landlord or tenant from any responsibility for compliance

with other obligations, laws, ordinances, codes, or regulations, including

but not limited to the duties outlined in any Sections of Massachusetts Law

or Code and any other duties provided for under common law.

12669.28. (a) Nothing in this article shall affect the existing obligations

of the parties or transferor to a real estate contract, or their agents or

legal representatives, to disclose any and all facts having any material

bearing that affects the value, desirability, or safety, including but not

limited to, the physical conditions of the property and previously received

reports or knowledge of physical inspections of the property.

( Nothing in this article shall be construed to change the existing

inspections and disclosure duties of a real estate broker or salesperson as

required by Massachusetts, Federal, consumer or common law.

12669.29. The specifications of items for disclosure in this article does

not limit or abridge any obligation for disclosure created by any other

provision of law or duties, or which may exist in order to avoid fraud,

misrepresentation, or deceit in the transfer transaction.

12669.30.All items subject to disclosure requirements pursuant to this

article shall be subject to enforcement pursuant to Federal and

Massachusetts Consumer, Criminal, Health and Safety and Environmental laws.

12669.31. The transferor and/or any listing or selling agent shall be held

legally and financially liable for any error, inaccuracy, or omission of any

information delivered pursuant to this article if the error, inaccuracy or

omission was within the knowledge, or if they had a reason to believe, of

the transferor or the listing agent or selling agent or realtor.

Article 5. Enforcement

12669.32. Public Health officers, code enforcement officers, environmental

health officers and any other appropriate government entities must respond

to complaints about mold and must enforce standards adopted by the

department pursuant to Section 12669.5 and Section 12669.7 and disclosure

requirements as set forth The disclosure enforcement guidelines shall impose

a fine of one thousand dollars per each incident and one thousand dollars

per unit for each failure to disclose in compliance with this article.

12669.33. After the Department, pursuant to administrative law procedures,

submits the proposed regulations developed pursuant to this chapter, The

Department of Consumer Affairs, in consultation with representatives from

the Department of Public Health, the Department of Public Safety, the Office

of the Attorney General and members of the task force convened by the

department pursuant to Section 12669.3, shall consider and report on the

need for the most strict standards for mold testing professionals and mold

remediation specialists.

12669.34. (a) In the event that the mold was a by product, or the result, of

construction that was performed, or allowed to be performed, in violation of

any local, state or federal building, fire, construction, health, plumbing,

electrical or safety codes or standards, the builders, architects, plumbers,

electricians or other trades people involved with the construction of the

structure, to include the local or state government building inspectors that

allowed the illegal, unsafe and unhealthy construction and issued a

Certificate of Occupancy for the dwelling, shall be held legally and

financially liable to the dwelling owner. A monetary fine of one thousand

dollars a day, from the date of notification to the parties responsible for

the defective and illegal construction, shall be charged the parties

responsible.

( This Section shall override any other Massachusetts law that holds

inspectors and/or the employing municipality or state entity not liable for

failures to inspect or for faulty, inaccurate or incomplete inspections.

coverage for the dwelling, the insurance company will immediately, upon

notification by the dwelling owner(s), hire a company licensed by State, or

recognized as a National leader in mold removal, to remove the mold and all

of the conditions that caused it. They will then replace all of the affected

areas and materials with comparable or better quality materials. Should the

insurance company fail to act on the removal of the mold within five

business days of them receiving notification the insurance company will pay

the effected dwelling owner the sum of one thousand dollars a day, from the

first date of notification, for each day until the dwelling is made safe and

healthy and brought into compliance with all local, state and federal health

and safety codes and laws.

(1) Should an insurance company have three failures to obey this

section, they will lose their authorization and license to issue

any new policies in the Commonwealth for one calendar year. This

will be termed as the three strikes and you are out ruling. This will not

preclude them from having to fulfill the terms of all of the other insurance

policies they have in effect within the Commonwealth. The commencement of

the " three strike " rule being effective shall be the date of the third

claim/notification of mold within the Commonwealth.

12669.35. This Chapter shall be implemented immediately upon passage.

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