Fed. Mold Law Revision -Part 1

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Subject :

Mold Part 1

Date :

Fri, 8 Mar 2002 10:10:44 EST

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SD2243 - HD4879

AN ACT TO ENHANCE THE EFFECTS OF REGULATIONS AND LAWS AIMED AT THE

PROTECTION OF THE PUBLIC HEALTH AND SAFETY IN REGARDS TO TOXIC MOLD.

Be it enacted by the Senate and House of Representatives in General Court

Assembled, and by the authority of the same, as follows:

Chapter 1. Toxic Mold

Article 1. General Provisions

12669.0. This Chapter shall be known, and may be cited. as the Moulton Toxic

Mold Protection Act for Massachusetts.

12669.1. For purposes of this chapter, the following definitions apply:

(a) " Affect " means to cause a condition by the presence of mold in the

dwelling, unit, building, appurtenant structure, common wall, heating system

or ventilating and air-conditioning system that affects the indoor air

quality of a dwelling unit or building.

( " Authoritative bodies " means any recognized national or international

entities with expertise on public health, mold identification and

remediation, or environmental health, including, but not limited to, other

states, the United States Environmental Protection Agency, the World Health

Organization, the American Conference of Governmental Industrial Hygienists,

the New York City Department of Health, the Centers for Disease Control and

Prevention and the American Industrial Hygiene Association.

© " Certified Industrial Hygienist " means a person who has met the

education, experience and examination requirements of an industrial hygiene

certification organization as defined in the Massachusetts Business and

Professions Code.

(d) " Code enforcement officer " means a local official responsible for

enforcing housing codes and maintaining public safety in buildings using an

interdepartmental approach at the local level.

(e) " Department " means the Massachusetts State Department of Public Health,

designated as the lead agency in the adoption of permissible exposure limits

to mold in indoor environments, mold identification and remediation efforts,

and the development of guidelines for the determination of what constitutes

mold infestation.

(f) " Indoor environments " means the affected dwelling unit or affected

commercial or industrial building.

(g) " Mold " means any form of multicellular fungi that live on plant or

animal matter in indoor environments. Types of mold include, but are not

limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim,

Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum, often found in

water-damaged building materials.

(h) " Person " means an individual, corporation, company, association,

partnership, limited liability company, municipality, public utility, or

other public body or institution.

(i) " Public health officer " means a local health officer appointed pursuant

to the governing Massachusetts Laws or a local comprehensive health agency

designated by the local elected governing body pursuant to carrying out the

drinking water program.

12669.2. All standards that the department develops pursuant to this

chapter shall be in accordance with existing administrative law procedures

applicable to the development of regulations.

12669.3. The department shall convene a task force which shall advise the

department on the development of standards pursuant to Sections 12669.5,

12669.7,

12669.8, 12669. 10, and 12669.16. The task force shall be comprised of

representatives of public health officers, environmental health officers,

code enforcement officers, experts on the health effects of molds, medical

experts, certified industrial hygienists, mold abatement experts,

representatives of government-sponsored enterprises, representatives of

school districts or office of education, and scores of affected consumers,

which include but are no limited to, residential, commercial and industrial

tenants, homeowners, environmental and consumer groups and attorneys, and

affected industries, which include, but are not limited to, residential,

commercial and industrial building proprietors, managers or landlords,

builders, realtors, suppliers of building materials and suppliers of

furnishings and insurers. Task force members shall serve on a voluntary

basis and shall be responsible for any costs associated with their

participation in the task force. The department shall not be responsible for

travel costs incurred by task force members or otherwise compensating task

force members for costs associated with their participation in the task

force.

12669.4. The department shall consider the feasibility of adopting

permissible exposure limits to mold in indoor environments.

12669.5. (a) If and when the department adopts permissible exposure limits

to mold in indoor environments, and it is understood that people with under

developed immune systems, people with immuno-compromised systems and others

are impacted differently, the department, in cooperation with the task force

convened pursuant to Section 12669.3 shall:

(1) Adopt permissible exposure limits to mold for indoor environments

that avoid adverse effects on health, with an adequate

margin of safety, and avoid any significant risk to public

health. These standards will be developed for different

categories of people be they infants, toddlers, elderly, pregnant and

nursing women, asthmatics, allergic individuals, immuno-compromised

and otherwise healthy persons.

(a) When determining the technological and economic feasibility of

compliance with the proposed permissible exposure limits

for molds, the department may only consider the health

and welfare of the citizens as the governing rule of law

and

( Toxicological studies and any scientific evidence as it

relates to mold.

(2) Notwithstanding paragraph (1), balance the protection of public

health with technological feasibility when it adopts

permissible exposure limits.

(3) The growth indicator known as " Hyphae " , particularly from

mycotoxin- producing molds/fungi, should not be found in

indoor environments. If it is found, immediate steps must

be taken to ensure growth sites and potential host sites

(cellulose and water such as water damaged Sheetrock or plywood)

be eliminated so that a toxic mold infestation is prevented.

(4) Utilize and include the latest scientific data or existing

standards adopted by authoritative bodies.

(5) Develop mandates for removal and assessment for key mycotoxin

producing molds such as Stachybotrys, Chaetomoim, Aspergillus,

(list others).

(6) The mandates for mold remediation and assessment will be based on

information provided by authoritative bodies including FEMA,

EPA, NY City Dept. of Health.

(7) The department may develop alternative permissible exposure

limits applicable for facilities, which may include hospitals,

child care facilities, schools and nursing homes, whose

primary business is to serve members of subgroups that

comprise a meaningful portion of the general population and

are at a greater risk of adverse health effects from molds than the general

population. These subgroups may include infants, children age

6 years and under, pregnant women, the elderly, asthmatics,

allergic individuals, or immune compromised individuals.

(8). The department shall report to Congress on its progress in

developing the exposure limit for molds by July 1, 2003

and shall develop mandates for assessment and

remediation by July 1, 2003.

12669.6. (a) (1) The department shall, at the time it commences preparation

of the permissible exposure limits to 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 permissible exposure limits to

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 permissible

exposure limits.

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

concerning exposure to molds 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 permissible exposure limits, and that all information

submitted will be available to any member of the public who makes the

request.

( The department may amend the permissible exposure limits to molds to

make the limits less stringent if the department shows clear and convincing

evidence that the permissible exposure limits to molds should be less

stringent and the amendment is made consistent with Section 12669.5.

© 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 permissible exposure limits to mold as long as

they are not less stringent than those already defined.

( d) At least once every five years, after adoption of

permissible

exposure limits to molds, the department shall review the adopted limits and

shall, consistent with the criteria set forth in subdivisions (a) and ( of

section 12669.5, amend the permissible exposure limits if any of the

following occur:

(1) Changes in technology or treatment techniques that permit a materially

greater protection of public health.

(2) New scientific evidence that indicates that molds may present a

materially different risk to public health than was previously determined.

12669.7 (a) The department, in consultant with the task force convened

pursuant to Section 12669.3, shall adopt practical standards to assess the

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

hidden, in an indoor environment.

( The department shall adopt assessment standards for molds

that do the following:

(1) Protect the public's health.

(2) Notwithstanding paragraph (1), balance the protection of public health

with technological feasibility when it adopts assessment standards.

(3) Utilize and include the latest scientific data or existing highest

standards for the assessment of molds adopted by authoritative bodies.

(4) Develop standards that target the general population.

(5) The department shall ensure that air or surface testing is not required

to determine whether the presence of mold constitutes a health threat by the

presence of the mold, both visible and invisible or hidden, in an indoor

environment.

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

adopts standards for the assessment of molds in indoor environments:

(1) The adverse health effects of exposure to molds on the general

population, including specific effects on members of subgroups that comprise

a meaningful portion of the general population, which may include infants,

children 6 years and under, pregnant women, the elderly, asthmatics,

allergic individuals, immune compromised individuals, or other subgroups

that are identifiable as being at greater risk of adverse health effects

that the general population when exposed to molds.

(2) The standards of assessment of molds, if any, adopted by authoritative

bodies.

(3) Any toxicological studies or additional scientific evidence.

© The department shall report to the legislature on its progress in

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

12669.8. The department may develop alternative assessment standards

applicable for facilities, which may include hospitals, child care

facilities and nursing homes, whose primary business is to serve members of

subgroups that comprise a meaningful portion of the general population and

are at a greater risk of adverse health effects to molds than the general

population. These subgroups may include

infants, children 6 years and under, pregnant women, the elderly,

asthmatics, allergic individuals, or immune compromised individuals.

12669.9 (a) (1). The department shall, at the time it commences preparation

of the permissible exposure limits to 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 permissible exposure limits to

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 permissible exposure

limits.

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

concerning exposure to molds 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 permissible exposure limits, and that all information

submitted will be available to any member of the public who makes the

request.

( 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 permissible exposure limits to mold as long as they are not less

stringent than those already defined.

© At least once every five years, after adoption of

permissible

exposure limits to molds, the department shall review the adopted limits and

shall, consistent with the criteria set forth in subdivisions (a) and ( of

section 12669.7, amend the permissible exposure limits if any of the

following occur:

(1) Changes in technology or treatment techniques that permit a materially

greater protection of public health.

(2) New scientific evidence that indicates that molds may present a

materially different risk to public health than was previously determined.

Article 2. Guidelines for Identification of Molds

12669.10. The department, in consultation with the task force convened

pursuant to Section 12669.3, shall adopt mold identification guidelines for

the recognition of mold, water damage, or microbial volatile organic

compounds in indoor environments.

12669.11. Identification guidelines shall include scientifically valid

methods to identify the presence of mold including elements for collection

of air, surface and bulk samples, visual identification. Olfactory

identification, laboratory analysis, measurements of amount of moisture and

presence of mold and other recognized analytical methods used for the

identification of molds.

12669.12 (a) Identification guidelines developed by the department shall do

all of the following:

(1) Avoid adverse effects on the health of the general population, with an

adequate margin of safety, and avoid any significant risk to public health.

(2) Utilize and include the latest scientific data or existing standards

adopted by authoritative bodies.

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

develops identification guidelines for mold:

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

of Public Health 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 standards as developed pursuant to Section 12669.7.

(2) Standards for mold identification adopted by authoritative bodies.

(3) Professional judgment and practicality.

(4) Toxicological reports or additional scientific evidence.

© The department shall require a commercial, industrial, or residential

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.

12669.13. 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 identification standards for mold as long as they are not less

stringent than those already defined.

12669.14 (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,

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