Mold licensing under New York Labor Law Article 32

What does Article 32 cover?

Article 32 covers mold assessment and mold remediation, and the people who carry out that work. It requires state licences for mold assessors, mold remediators and abatement workers.

Mold work is regulated because disturbing growth can release spores and spread them through a building. The statute sets out who may assess mold and who may remove it, and it requires the people doing that work to hold a state licence. The sources checked for this guide describe the licences as state licences for each of those roles.

The Department of Labor administers the program, and its guidance is the place to confirm the current rules. This guide describes the licence structure as the sources give it, and it does not state fees, exam details or renewal periods, since the sources checked do not support them.

When did the rules take effect?

The Article 32 rules took effect on January 1, 2016. Mold work carried out in New York after that date falls under the licensing requirement, and the Department of Labor is the agency that administers it.

A homeowner who had mold work done before 2016 may have been dealing with a different set of rules. For work done since that date, the licence requirement applies to the people who carry out the assessment and removal, not only to the company that signs the contract.

A date alone does not settle every question about a particular job. The Department of Labor's current guidance is the place to check how the rules apply to the work in front of you.

What are the three roles?

A mold assessor evaluates the growth and the moisture. A mold remediator removes or cleans up the growth. An abatement worker carries out the physical removal under the work plan. Each role is licensed.

The assessor looks at the growth, the moisture and the materials, and writes down what is there and where. The assessment is the basis for the work plan. A homeowner should be able to see the written assessment before any removal starts.

The remediator and the abatement worker carry out the removal and the clean-up, under the plan. The roles can be filled by different people or by one person who holds the right licences. Ask which licence each person on the job holds.

Does water extraction and drying need a mold licence?

The sources checked for this guide did not confirm whether ordinary water extraction and drying, without mold work, needs a state licence. The honest answer is to ask the company what licences and permits apply to each part of the job.

Drying a wet floor or a wet wall is not the same as removing mold, but the two can happen in the same building. A crew doing only drying is not doing mold assessment or remediation, and it should say so. Where growth is found during drying, the work changes and the licence question applies to the new work.

The guide does not state a licence category for water extraction, because the sources do not support one. A company that says a licence is needed for drying should name the licence and the source for it. A company that says none is needed should be asked to put that in writing, along with the reason.

How do you check a licence before you hire?

Ask the company to show the licence for the people who will do the work, and confirm it with the Department of Labor. Keep a copy of the licence and the date you checked it.

Ask for the licence in writing, with the name of the person who will do the assessment and the name of the person who will do the removal. A company that cannot say who holds the licence has not given enough information to hire. Ask also which licence applies to each role on the job.

Check the licence with the Department of Labor, which administers the program. The guidance on the department's site explains how the rules apply. Keep the record of your check with the job papers, since the insurer may ask for it.

• Ask who will assess and who will remove the growth
• Ask for each person's licence in writing
• Confirm the licence with the Department of Labor
• Keep a copy of the licence and the date you checked it
• Do not agree to mold removal before the assessment is written

What should a homeowner do when mold is found?

Limit access to the room, keep people and pets out of it, and do not disturb large areas of growth. Call for an assessment first, and ask for the licence before any removal begins.

Disturbing mold can release spores into the air. A homeowner should not scrub a large area, run a fan that carries dust into other rooms or tear out materials before the assessment. Close the door, keep the room closed and photograph the growth where it sits.

Write down when the water came in, when the smell or spot was first noticed and what the room was used for. Those notes help the assessor, the insurer and any later contractor. Call for the assessment before the work is planned, so the work follows the written findings.

What about the health side of mold?

Mold can irritate the eyes, nose and airways, and people with asthma or breathing problems should keep away from growth. A health concern should be raised with a doctor, and this guide does not give medical advice.

Some people react to mold more strongly than others, and children, older adults and people with breathing conditions may be more affected. A room that smells strongly of damp or has visible growth should be closed off until it has been assessed.

If symptoms continue after the room is closed, speak to a doctor. The guide's job is to explain the licence rules and the steps for checking the work, and the health question belongs with a medical professional.

What does the licence rule mean for the claim?

The insurer decides the claim under the policy, and some policies treat mold differently from water. A licence record and a written assessment are the documents most useful to the claim.

Many policies limit the cover for mold, and the terms vary. The insurer decides how the policy applies to the growth and to the water that caused it. The New York State Department of Financial Services is the state regulator for insurers and can answer general questions.

Keep the written assessment, the work plan, the licence records and the invoices together. Those papers show what was found, who did the work and that the licence rules were followed, which is what the insurer will ask for.

How do you tell a mold assessment from a drying job?

A drying job removes water and brings materials to a dry level. A mold assessment looks for growth, records where it is and what it sits on, and writes a plan for any removal. The two can happen in the same building but are different pieces of work.

Drying is measured with moisture readings, and it is complete when the materials reach a dry level. A mold assessment is measured by what is seen and sampled, and it ends with a written account of the growth, its location and the materials it affects. A crew doing only drying does not write that account and should say so.

If a drying crew finds growth during the work, the job changes. The crew stops and reports the growth, and the work on it waits for the assessment and the licence check. The owner should get the report in writing, since it is the record a later contractor and the insurer will use.