Proposed Rules on Florida Mold Assessors and Remediators’ Standards Withdrawn
Mar 17, 2015
Proposed language to revise Rule 61-31.701, entitled “Minimum Standards and Practices for Mold Assessors,” and Rule 61-31.702, “Minimum Standards and Practices for Mold Remediators” was officially withdrawn by the Florida Department of Business and Professional Regulation (“DBPR”) yesterday, March 16, 2015, in the wake of myriad concerns from interested parties on the substance of the proposed Rules.
Among those, the Florida Property and Casualty Association indicated its opposition to both proposed Rules, explaining that, if they were to be implemented, insurers could receive bills from both a mold assessor and mold remediator prior to being made aware of a potential mold claim. To read the organization’s news release, click here.
The DBPR has not yet indicated when rulemaking on the two Rules will restart.
Mold-Services Related Licenses Declaratory Statement Issued
Filed with the DBPR late in 2014, a Petition for Declaratory Statement (“Petition”) had sought to determine whether a business must obtain a mold assessor or mold remediator license in order to sanitize residential and commercial environments with a specific antimicrobial product.
The petition, which the DBPR granted on February 27, 2015, stated that that Petitioner will not be required to obtain a mold assessor license in order to perform the tasks in question. Nor will he be required to obtain a mold remediator license, so long as the activities or techniques described in his Petition are not applied on “mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location.”
However, the DBPR specified that a license will be required if the described activities or techniques described in the Petition are applied on “mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location.” The DBPR also explained that, since it has no jurisdiction over a petitioner’s local government’s occupational licensing ordinance, it declined to issue a corresponding statement in this case.
To read more details of the Petition, click here.
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