House Introduced Bill 6178

HOUSE BILL No. 6178

June 5, 2002, Introduced by Reps. Kolb, Thomas, Spade, Williams, Schauer, Gieleghem, Hale, Zelenko and Dennis and referred to
the Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding part 55A.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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PART 55A. TOXIC MOLD

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SEC. 5551. THIS PART SHALL BE KNOWN AND MAY BE CITED AS THE

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"TOXIC MOLD PROTECTION ACT".

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SEC. 5553. AS USED IN THIS PART:

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(A) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF

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MOLD IN THE DWELLING UNIT, BUILDING, APPURTENANT STRUCTURE,

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COMMON WALL, HEATING SYSTEM, OR VENTILATING AND AIR-CONDITIONING

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SYSTEM THAT AFFECTS THE INDOOR AIR QUALITY OF A DWELLING UNIT OR

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BUILDING.

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(B) "AUTHORITATIVE BODY" MEANS A RECOGNIZED NATIONAL OR

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INTERNATIONAL ENTITY WITH EXPERTISE ON PUBLIC HEALTH, MOLD

05787'01 CPD 2

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IDENTIFICATION AND REMEDIATION, OR ENVIRONMENTAL HEALTH,

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INCLUDING, BUT NOT LIMITED TO, ANOTHER STATE, THE UNITED STATES

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ENVIRONMENTAL PROTECTION AGENCY, THE WORLD HEALTH ORGANIZATION,

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THE AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGIENISTS,

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THE NEW YORK CITY DEPARTMENT OF HEALTH, THE CENTERS FOR DISEASE

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CONTROL AND PREVENTION, AND THE AMERICAN INDUSTRIAL HYGIENE

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ASSOCIATION.

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(C) "CERTIFIED INDUSTRIAL HYGIENIST" MEANS A PERSON WHO HAS

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MET THE EDUCATION, EXPERIENCE, AND EXAMINATION REQUIREMENTS OF A

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NATIONAL INDUSTRIAL HYGIENE CERTIFICATION ORGANIZATION APPROVED

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BY THE DEPARTMENT.

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(D) "CODE ENFORCEMENT OFFICER" MEANS A LOCAL OFFICIAL

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RESPONSIBLE FOR ENFORCING HOUSING AND BUILDING CODES AND MAIN-

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TAINING PUBLIC SAFETY IN BUILDINGS USING AN INTERDEPARTMENTAL

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APPROACH AT THE LOCAL GOVERNMENT LEVEL.

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(E) "DEPARTMENT" MEANS THE DEPARTMENT OF COMMUNITY HEALTH.

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(F) "INDOOR ENVIRONMENTS" MEANS AN AFFECTED DWELLING UNIT OR

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AN AFFECTED COMMERCIAL OR INDUSTRIAL BUILDING.

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(G) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE

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ON PLANT OR ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF

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MOLD INCLUDE, BUT ARE NOT LIMITED TO, CLADOSPORIUM, PENICILLIUM,

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ALTERNARIA, ASPERGILLUS, FUARIM, TRICHODERMA, MEMNONIELLA, MUCOR,

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AND STACHYBOTRYS CHARTARUM, OFTEN FOUND IN WATER-DAMAGED BUILDING

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MATERIALS.

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(H) "PERSON" MEANS THAT TERM AS DEFINED IN SECTION 1106, BUT

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INCLUDES A GOVERNMENTAL ENTITY.

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(I) "LOCAL HEALTH OFFICER" MEANS THAT TERM AS DEFINED IN

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SECTION 1105.

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SEC. 5555. (1) WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF

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THE AMENDATORY ACT THAT ADDED THIS PART, THE DEPARTMENT SHALL

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CONVENE A TASK FORCE THAT SHALL ADVISE THE DEPARTMENT ON THE

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DEVELOPMENT OF STANDARDS PURSUANT TO SECTIONS 5559, 5563, 5565,

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5569, AND 5581. THE TASK FORCE SHALL BE COMPRISED OF REPRESENTA-

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TIVES OF ALL OF THE FOLLOWING:

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(A) LOCAL HEALTH OFFICERS.

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(B) ENVIRONMENTAL HEALTH OFFICERS.

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(C) CODE ENFORCEMENT OFFICERS.

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(D) EXPERTS ON THE HEALTH EFFECTS OF MOLDS.

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(E) MEDICAL EXPERTS.

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(F) CERTIFIED INDUSTRIAL HYGIENISTS.

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(G) MOLD ABATEMENT EXPERTS.

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(H) REPRESENTATIVES OF GOVERNMENT-SPONSORED ENTERPRISES.

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(I) REPRESENTATIVES FROM SCHOOL DISTRICTS OR COUNTY OFFICERS

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OF EDUCATION.

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(J) REPRESENTATIVES OF EMPLOYEES AND REPRESENTATIVES OF

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EMPLOYERS.

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(K) AFFECTED CONSUMERS, WHICH INCLUDE, BUT ARE NOT LIMITED

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TO:

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(i) RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL TENANTS.

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(ii) HOMEOWNERS.

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(iii) ENVIRONMENTAL GROUPS.

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(iv) ATTORNEYS.

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(l) AFFECTED INDUSTRIES, WHICH INCLUDE, BUT ARE NOT LIMITED

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TO:

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(i) RESIDENTIAL.

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(ii) COMMERCIAL AND INDUSTRIAL BUILDING PROPRIETORS.

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(iii) MANAGERS OR LANDLORDS.

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(iv) BUILDERS.

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(v) REALTORS.

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(vi) SUPPLIERS OF BUILDING MATERIALS AND SUPPLIERS OF

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FURNISHINGS.

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(vii) INSURERS.

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(2) TASK FORCE MEMBERS SHALL SERVE ON A VOLUNTARY BASIS AND

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ARE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THEIR PARTICIPATION

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IN THE TASK FORCE. THE DEPARTMENT IS NOT RESPONSIBLE FOR TRAVEL

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COSTS INCURRED BY TASK FORCE MEMBERS OR OTHERWISE COMPENSATING

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TASK FORCE MEMBERS FOR COSTS ASSOCIATED WITH THEIR PARTICIPATION

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IN THE TASK FORCE.

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SEC. 5557. THE DEPARTMENT SHALL ADOPT PERMISSIBLE EXPOSURE

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LIMITS TO MOLD IN INDOOR ENVIRONMENTS.

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SEC. 5559. (1) THE DEPARTMENT, IN CONSULTATION WITH THE

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TASK FORCE CONVENED PURSUANT TO SECTION 5555, SHALL DO ALL OF THE

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FOLLOWING:

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(A) ADOPT PERMISSIBLE EXPOSURE LIMITS TO MOLD FOR INDOOR

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ENVIRONMENTS THAT AVOID ADVERSE EFFECTS ON HEALTH, AND AVOID ANY

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SIGNIFICANT RISK TO PUBLIC HEALTH.

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(B) UTILIZE AND INCLUDE THE LATEST SCIENTIFIC DATA OR EXIST-

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ING STANDARDS ADOPTED BY AUTHORITATIVE BODIES.

05787'01 5

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(C) DEVELOP PERMISSIBLE EXPOSURE LIMITS THAT TARGET THE

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GENERAL POPULATION.

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(2) THE DEPARTMENT SHALL CONSIDER ALL OF THE FOLLOWING CRI-

4
TERIA WHEN IT ADOPTS PERMISSIBLE EXPOSURE LIMITS FOR MOLDS IN

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INDOOR ENVIRONMENTS:

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(A) THE ADVERSE HEALTH EFFECTS OF EXPOSURE TO MOLDS ON THE

7
GENERAL POPULATION, INCLUDING SPECIFIC EFFECTS ON MEMBERS OF SUB-

8
GROUPS THAT COMPRISE A MEANINGFUL PORTION OF THE GENERAL POPULA-

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TION, INCLUDING, BUT NOT LIMITED TO, INFANTS, CHILDREN AGE 6

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YEARS AND UNDER, PREGNANT WOMEN, THE ELDERLY, ASTHMATICS, ALLER-

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GIC INDIVIDUALS, IMMUNE COMPROMISED INDIVIDUALS, AND OTHER SUB-

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GROUPS THAT ARE IDENTIFIABLE AS BEING AT GREATER RISK OF ADVERSE

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HEALTH EFFECTS THAN THE GENERAL POPULATION WHEN EXPOSED TO

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MOLDS.

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(B) THE STANDARDS FOR MOLDS, IF ANY, ADOPTED BY AUTHORITA-

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TIVE BODIES.

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(C) TOXICOLOGICAL STUDIES AND ANY SCIENTIFIC EVIDENCE AS IT

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RELATES TO MOLD.

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(3) THE DEPARTMENT MAY DEVELOP ALTERNATIVE PERMISSIBLE EXPO-

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SURE LIMITS APPLICABLE FOR FACILITIES, WHICH MAY INCLUDE, BUT ARE

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NOT LIMITED TO, HOSPITALS, CHILD CARE FACILITIES, AND NURSING

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HOMES, WHOSE PRIMARY BUSINESS IS TO SERVE MEMBERS OF SUBGROUPS

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THAT COMPRISE A MEANINGFUL PORTION OF THE GENERAL POPULATION AND

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ARE AT GREATER RISK OF ADVERSE HEALTH EFFECTS FROM MOLDS THAN THE

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GENERAL POPULATION. THESE SUBGROUPS MAY INCLUDE, BUT ARE NOT

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LIMITED TO, INFANTS, CHILDREN AGE 6 YEARS AND UNDER, PREGNANT

05787'01 6

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WOMEN, THE ELDERLY, ASTHMATICS, ALLERGIC INDIVIDUALS, OR IMMUNE

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COMPROMISED INDIVIDUALS.

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(4) THE DEPARTMENT SHALL REPORT TO THE LEGISLATURE ON ITS

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PROGRESS IN DEVELOPING PERMISSIBLE EXPOSURE LIMITS FOR MOLDS PUR-

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SUANT TO SUBSECTIONS (1) TO (3) BY JULY 1, 2003.

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SEC. 5561. (1) THE DEPARTMENT SHALL, AT THE TIME IT COM-

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MENCES PREPARATION OF THE PERMISSIBLE EXPOSURE LIMITS TO MOLD

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UNDER SECTION 5559, PROVIDE NOTICE ELECTRONICALLY BY POSTING ON

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ITS INTERNET WEBSITE A NOTICE THAT INFORMS INTERESTED PERSONS

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THAT THE DEPARTMENT HAS INITIATED WORK ON THE PERMISSIBLE EXPO-

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SURE LIMITS TO MOLD.

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(2) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL ALSO

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INCLUDE A BRIEF DESCRIPTION OR A BIBLIOGRAPHY OF THE TECHNICAL

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DOCUMENTS OR OTHER INFORMATION THE DEPARTMENT HAS IDENTIFIED TO

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DATE AS RELEVANT TO THE PREPARATION OF THE PERMISSIBLE EXPOSURE

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LIMITS.

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(3) THE NOTICE SHALL INFORM PERSONS WHO WISH TO SUBMIT

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INFORMATION CONCERNING EXPOSURE TO MOLDS OF THE NAME AND ADDRESS

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OF THE PERSON IN THE DEPARTMENT TO WHOM THE INFORMATION MAY BE

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SENT, THE DATE BY WHICH THE INFORMATION MUST BE RECEIVED IN ORDER

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FOR THE DEPARTMENT TO CONSIDER IT IN THE PREPARATION OF THE PER-

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MISSIBLE EXPOSURE LIMITS, AND THAT ALL INFORMATION SUBMITTED WILL

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BE MADE AVAILABLE TO ANY MEMBER OF THE PUBLIC WHO MAKES THE

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REQUEST.

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(4) THE DEPARTMENT MAY AMEND THE PERMISSIBLE EXPOSURE LIMITS

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TO MOLDS TO MAKE THE LIMITS LESS STRINGENT IF THE DEPARTMENT

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SHOWS CLEAR AND CONVINCING EVIDENCE THAT THE PERMISSIBLE EXPOSURE

05787'01 7

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LIMITS TO MOLDS SHOULD BE MADE LESS STRINGENT AND THE AMENDMENT

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IS MADE CONSISTENT WITH SECTION 5559.

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(5) THE DEPARTMENT MAY REVIEW AND CONSIDER ADOPTING BY REF-

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ERENCE ANY INFORMATION PREPARED BY OR ON BEHALF OF THE UNITED

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STATES ENVIRONMENTAL PROTECTION AGENCY OR OTHER AUTHORITATIVE

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BODIES FOR THE PURPOSE OF ADOPTING NATIONAL PERMISSIBLE EXPOSURE

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LIMITS TO MOLDS.

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(6) AT LEAST ONCE EVERY 5 YEARS, AFTER ADOPTION OF THE INI-

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TIAL PERMISSIBLE EXPOSURE LIMITS TO MOLDS UNDER THIS PART, THE

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DEPARTMENT SHALL REVIEW THE ADOPTED LIMITS AND SHALL, CONSISTENT

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WITH THE CRITERIA SET FORTH IN SECTION 5559(1) AND (2), AMEND THE

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PERMISSIBLE EXPOSURE LIMITS IF 1 OR MORE OF THE FOLLOWING OCCUR:

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(A) CHANGES IN TECHNOLOGY OR TREATMENT TECHNIQUES THAT

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PERMIT A MATERIALLY GREATER PROTECTION OF PUBLIC HEALTH.

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(B) NEW SCIENTIFIC EVIDENCE THAT INDICATES THAT MOLDS MAY

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PRESENT A MATERIALLY DIFFERENT RISK TO PUBLIC HEALTH THAN WAS

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PREVIOUSLY DETERMINED.

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SEC. 5563. (1) THE DEPARTMENT, IN CONSULTATION WITH THE

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TASK FORCE CONVENED PURSUANT TO SECTION 5555, SHALL ADOPT PRACTI-

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CAL STANDARDS TO ASSESS THE HEALTH THREAT POSED BY THE PRESENCE

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OF MOLD, BOTH VISIBLE AND INVISIBLE OR HIDDEN, IN AN INDOOR

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ENVIRONMENT.

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(2) THE DEPARTMENT SHALL ADOPT ASSESSMENT STANDARDS FOR

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MOLDS THAT DO ALL OF THE FOLLOWING:

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(A) PROTECT THE PUBLIC HEALTH.

05787'01 8

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(B) UTILIZE AND INCLUDE THE LATEST SCIENTIFIC DATA OR

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EXISTING STANDARDS FOR THE ASSESSMENT OF MOLDS ADOPTED BY

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AUTHORITATIVE BODIES.

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(C) DEVELOP ASSESSMENT STANDARDS THAT TARGET THE GENERAL

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POPULATION.

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(D) ENSURE THAT AIR OR SURFACE TESTING IS NOT REQUIRED TO

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DETERMINE WHETHER THE PRESENCE OF MOLD CONSTITUTES A HEALTH

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THREAT POSED BY THE PRESENCE OF MOLD, BOTH VISIBLE AND INVISIBLE

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OR HIDDEN, IN AN INDOOR ENVIRONMENT.

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(3) THE DEPARTMENT SHALL CONSIDER ALL OF THE FOLLOWING CRI-

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TERIA WHEN IT ADOPTS STANDARDS FOR THE ASSESSMENT OF MOLDS IN

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INDOOR ENVIRONMENTS:

13
(A) THE ADVERSE HEALTH EFFECTS OF EXPOSURE TO MOLDS ON THE

14
GENERAL POPULATION, INCLUDING SPECIFIC EFFECTS ON MEMBERS OF SUB-

15
GROUPS THAT COMPRISE A MEANINGFUL PORTION OF THE GENERAL POPULA-

16
TION, INCLUDING, BUT NOT LIMITED TO, INFANTS, CHILDREN AGE 6

17
YEARS AND UNDER, PREGNANT WOMEN, THE ELDERLY, ASTHMATICS, ALLER-

18
GIC INDIVIDUALS, IMMUNE COMPROMISED INDIVIDUALS, AND OTHER SUB-

19
GROUPS THAT ARE IDENTIFIABLE AS BEING AT GREATER RISK OF ADVERSE

20
HEALTH EFFECTS THAN THE GENERAL POPULATION WHEN EXPOSED TO

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MOLDS.

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(B) THE STANDARDS FOR ASSESSMENT OF MOLDS, IF ANY, ADOPTED

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BY AUTHORITATIVE BODIES.

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(C) ANY TOXICOLOGICAL STUDIES OR ADDITIONAL SCIENTIFIC

25
EVIDENCE.

05787'01 9

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(4) THE DEPARTMENT SHALL FILE A WRITTEN REPORT WITH THE

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LEGISLATURE ON ITS PROGRESS IN DEVELOPING THE ASSESSMENT

3
STANDARDS FOR MOLDS UNDER THIS SECTION BY JULY 1, 2003.

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SEC. 5565. THE DEPARTMENT MAY DEVELOP ALTERNATIVE ASSESS-

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MENT STANDARDS FOR MOLDS APPLICABLE FOR FACILITIES, WHICH MAY

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INCLUDE, BUT ARE NOT LIMITED TO, HOSPITALS, CHILD CARE FACILI-

7
TIES, AND NURSING HOMES, WHOSE PRIMARY BUSINESS IS TO SERVE MEM-

8
BERS OF SUBGROUPS THAT COMPRISE A MEANINGFUL PORTION OF THE GEN-

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ERAL POPULATION AND ARE AT GREATER RISK OF ADVERSE HEALTH EFFECTS

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TO MOLDS THAN THE GENERAL POPULATION. THESE SUBGROUPS MAY

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INCLUDE, BUT ARE NOT LIMITED TO, INFANTS, CHILDREN AGE 6 YEARS

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AND UNDER, PREGNANT WOMEN, THE ELDERLY, ASTHMATICS, ALLERGIC

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INDIVIDUALS, OR IMMUNE COMPROMISED INDIVIDUALS.

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SEC. 5567. (1) THE DEPARTMENT SHALL, AT THE TIME IT COM-

15
MENCES PREPARATION OF STANDARDS FOR THE ASSESSMENT OF MOLDS, PRO-

16
VIDE NOTICE ELECTRONICALLY BY POSTING ON THE INTERNET WEBSITE

17
MAINTAINED AND OPERATED BY THE DEPARTMENT A NOTICE THAT INFORMS

18
INTERESTED PERSONS THAT THE DEPARTMENT HAS INITIATED WORK ON THE

19
ASSESSMENT STANDARDS FOR MOLDS.

20
(2) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL ALSO

21
INCLUDE A BRIEF DESCRIPTION, OR A BIBLIOGRAPHY, OF THE TECHNICAL

22
DOCUMENTS OR OTHER INFORMATION THE DEPARTMENT HAS IDENTIFIED TO

23
DATE AS RELEVANT TO THE PREPARATION OF THE ASSESSMENT STANDARDS

24
FOR MOLDS.

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(3) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL INFORM

26
PERSONS WHO WISH TO SUBMIT INFORMATION CONCERNING THE ASSESSMENT

27
OF MOLDS IN INDOOR ENVIRONMENTS OF THE NAME AND ADDRESS OF THE

05787'01 10

1
PERSON IN THE DEPARTMENT TO WHOM THE INFORMATION MAY BE SENT, THE

2
DATE BY WHICH THE INFORMATION MUST BE RECEIVED IN ORDER FOR THE

3
DEPARTMENT TO CONSIDER IT IN THE PREPARATION OF THE ASSESSMENT

4
STANDARDS, AND THAT ALL INFORMATION SUBMITTED WILL BE MADE AVAIL-

5
ABLE TO ANY MEMBER OF THE PUBLIC WHO MAKES THE REQUEST.

6
(4) THE DEPARTMENT MAY REVIEW, AND CONSIDER ADOPTING BY REF-

7
ERENCE, ANY INFORMATION PREPARED BY OR ON BEHALF OF THE UNITED

8
STATES ENVIRONMENTAL PROTECTION AGENCY OR OTHER AUTHORITATIVE

9
BODIES FOR THE PURPOSE OF ADOPTING NATIONAL ASSESSMENT STANDARDS

10
FOR MOLDS.

11
(5) AT LEAST ONCE EVERY 5 YEARS, AFTER THE INITIAL ADOPTION

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OF ASSESSMENT STANDARDS FOR MOLDS UNDER THIS PART, THE DEPARTMENT

13
SHALL REVIEW THE ADOPTED STANDARDS AND SHALL, CONSISTENT WITH THE

14
CRITERIA SET FORTH IN SECTION 5563(1) TO (3), AMEND THE STANDARDS

15
IF 1 OR MORE OF THE FOLLOWING OCCUR:

16
(A) CHANGES IN TECHNOLOGY OR TREATMENT TECHNIQUES THAT

17
PERMIT A MATERIALLY GREATER PROTECTION OF PUBLIC HEALTH.

18
(B) NEW SCIENTIFIC EVIDENCE THAT INDICATES THAT MOLDS MAY

19
PRESENT A MATERIALLY DIFFERENT RISK TO PUBLIC HEALTH THAN WAS

20
PREVIOUSLY DETERMINED.

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SEC. 5569. THE DEPARTMENT, IN CONSULTATION WITH THE TASK

22
FORCE CONVENED PURSUANT TO SECTION 5555, SHALL ADOPT MOLD IDENTI-

23
FICATION GUIDELINES FOR THE RECOGNITION OF MOLD, WATER DAMAGE, OR

24
MICROBIAL VOLATILE ORGANIC COMPOUNDS IN INDOOR ENVIRONMENTS.

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SEC. 5571. IDENTIFICATION GUIDELINES DESCRIBED IN SECTION

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5569 SHALL INCLUDE SCIENTIFICALLY VALID METHODS TO IDENTIFY THE

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PRESENCE OF MOLD INCLUDING ELEMENTS FOR COLLECTION OF AIR,

05787'01 11

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SURFACE AND BULK SAMPLES, VISUAL IDENTIFICATION, OLFACTORY

2
IDENTIFICATION, LABORATORY ANALYSIS, MEASUREMENTS OF AMOUNT OF

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MOISTURE, AND PRESENCE OF MOLD AND OTHER RECOGNIZED ANALYTICAL

4
METHODS USED FOR THE IDENTIFICATION OF MOLDS.

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SEC. 5573. (1) THE DEPARTMENT SHALL ASSURE THAT THE IDENTI-

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FICATION GUIDELINES DEVELOPED BY THE DEPARTMENT UNDER SECTION

7
5571 DO ALL OF THE FOLLOWING:

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(A) AVOID ADVERSE EFFECTS ON THE HEALTH OF THE GENERAL POPU-

9
LATION AND AVOID ANY SIGNIFICANT RISK TO PUBLIC HEALTH.

10
(B) UTILIZE AND INCLUDE THE LATEST SCIENTIFIC DATA OR EXIST-

11
ING STANDARDS FOR THE ASSESSMENT OF MOLDS ADOPTED BY AUTHORITA-

12
TIVE BODIES.

13
(2) THE DEPARTMENT SHALL CONSIDER ALL OF THE FOLLOWING CRI-

14
TERIA WHEN IT DEVELOPS IDENTIFICATION GUIDELINES FOR MOLD:

15
(A) PERMISSIBLE EXPOSURE LIMITS TO MOLDS DEVELOPED BY THE

16
DEPARTMENT PURSUANT TO SECTION 5559(1) AND (2) OR WHAT CONSTI-

17
TUTES A HEALTH THREAT POSED BY THE PRESENCE OF MOLD, BOTH VISIBLE

18
AND INVISIBLE OR HIDDEN, IN AN INDOOR ENVIRONMENT, ACCORDING TO

19
THE DEPARTMENT'S STANDARDS AS DEVELOPED PURSUANT TO SECTION

20
5563.

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(B) STANDARDS FOR MOLD IDENTIFICATION, IF ANY, ADOPTED BY

22
AUTHORITATIVE BODIES.

23
(C) PROFESSIONAL JUDGMENT AND PRACTICALITY.

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(D) TOXICOLOGICAL REPORTS OR ADDITIONAL SCIENTIFIC

25
EVIDENCE.

05787'01 12

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(3) THE DEPARTMENT SHALL DEVELOP A REPORTING FORM FOR

2
BUILDING INSPECTION THAT MAY BE USED TO DOCUMENT THE PRESENCE OF

3
MOLD.

4
(4) THE DEPARTMENT SHALL FILE A WRITTEN REPORT WITH THE LEG-

5
ISLATURE ON ITS PROGRESS IN DEVELOPING IDENTIFICATION GUIDELINES

6
FOR MOLD UNDER THIS SECTION BY JULY 1, 2003.

7
SEC. 5575. THE DEPARTMENT MAY REVIEW, AND CONSIDER ADOPTING

8
BY REFERENCE, ANY INFORMATION PREPARED BY OR ON BEHALF OF THE

9
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR OTHER AUTHORITA-

10
TIVE BODIES FOR THE PURPOSE OF ADOPTING NATIONAL IDENTIFICATION

11
STANDARDS FOR MOLDS.

12
SEC. 5577. (1) THE DEPARTMENT SHALL, AT THE TIME IT COM-

13
MENCES PREPARATION OF IDENTIFICATION GUIDELINES FOR MOLD, ELEC-

14
TRONICALLY POST ON THE INTERNET WEBSITE MAINTAINED AND OPERATED

15
BY THE DEPARTMENT A NOTICE THAT INFORMS INTERESTED PERSONS THAT

16
IT HAS INITIATED WORK ON THE IDENTIFICATION GUIDELINES FOR MOLD.

17
(2) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL INCLUDE A

18
BRIEF DESCRIPTION, OR A BIBLIOGRAPHY, OF THE TECHNICAL DOCUMENTS

19
OR OTHER INFORMATION THE DEPARTMENT HAS IDENTIFIED TO DATE AS

20
RELEVANT TO THE PREPARATION OF THE IDENTIFICATION GUIDELINES FOR

21
MOLD.

22
(3) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL INFORM

23
PERSONS WHO WISH TO SUBMIT MOLD IDENTIFICATION INFORMATION OF THE

24
NAME AND ADDRESS OF THE PERSON IN THE OFFICE TO WHOM THE INFORMA-

25
TION MAY BE SENT, THE DATE BY WHICH THE INFORMATION MUST BE

26
RECEIVED FOR THE DEPARTMENT TO CONSIDER IT IN THE PREPARATION OF

27
THE IDENTIFICATION GUIDELINES, AND THAT ALL INFORMATION SUBMITTED

05787'01 13

1
WILL BE MADE AVAILABLE TO ANY MEMBER OF THE PUBLIC WHO MAKES THE

2
REQUEST.

3
SEC. 5579. THE DEPARTMENT SHALL REVIEW ALL IDENTIFICATION

4
GUIDELINES FOR MOLD PUBLISHED BY THE DEPARTMENT AT LEAST ONCE

5
EVERY 5 YEARS. THE DEPARTMENT SHALL REVISE THE IDENTIFICATION

6
GUIDELINES FOR MOLD, AS NECESSARY, BASED UPON THE AVAILABILITY OF

7
NEW SCIENTIFIC DATA OR INFORMATION ON EFFECTIVE MOLD

8
IDENTIFICATION.

9
SEC. 5581. THE DEPARTMENT, IN CONSULTATION WITH THE TASK

10
FORCE CONVENED PURSUANT TO SECTION 5555, SHALL DEVELOP AND DIS-

11
SEMINATE REMEDIATION GUIDELINES FOR MOLDS IN INDOOR

12
ENVIRONMENTS.

13
SEC. 5583. (1) THE DEPARTMENT SHALL DEVELOP REMEDIATION

14
GUIDELINES FOR MOLD THAT DO ALL OF THE FOLLOWING:

15
(A) PROVIDE PRACTICAL GUIDANCE FOR THE REMOVAL OF MOLD AND

16
ABATEMENT OF THE UNDERLYING CAUSE OF MOLD AND ASSOCIATED WATER

17
INTRUSION AND WATER DAMAGE IN INDOOR ENVIRONMENTS.

18
(B) PROTECT THE PUBLIC HEALTH.

19
(C) NOTWITHSTANDING SUBDIVISION (B), BALANCE THE PROTECTION

20
OF PUBLIC HEALTH WITH TECHNOLOGICAL AND ECONOMIC FEASIBILITY.

21
(D) UTILIZE AND INCLUDE TOXICOLOGICAL REPORTS, THE LATEST

22
SCIENTIFIC DATA, OR EXISTING STANDARDS FOR THE REMEDIATION OF

23
MOLDS ADOPTED BY AUTHORITATIVE BODIES.

24
(E) PROVIDE PRACTICAL GUIDANCE FOR THE REMOVAL OR CLEANING

25
OF CONTAMINATED MATERIALS IN A MANNER THAT PROTECTS THE HEALTH OF

26
THE PERSON PERFORMING THE ABATEMENT.

05787'01 14

1
(F) INCLUDE CRITERIA FOR PERSONAL PROTECTIVE EQUIPMENT.

2
(G) NOT REQUIRE A LANDLORD, OWNER, SELLER, OR TRANSFEROR OF

3
REAL ESTATE TO BE SPECIALLY TRAINED OR CERTIFIED OR UTILIZE THE

4
SERVICES OF A SPECIALLY QUALIFIED PROFESSIONAL TO CONDUCT MOLD

5
REMEDIATION.

6
(2) THE DEPARTMENT SHALL CONSIDER ALL OF THE FOLLOWING CRI-

7
TERIA WHEN IT DEVELOPS REMEDIATION GUIDELINES FOR MOLD:

8
(A) PERMISSIBLE EXPOSURE LIMITS TO MOLDS DEVELOPED BY THE

9
DEPARTMENT PURSUANT TO SECTION 5559(1) AND (2), OR WHAT CONSTI-

10
TUTES A HEALTH THREAT POSED BY THE PRESENCE OF MOLD, BOTH VISIBLE

11
AND INVISIBLE OR HIDDEN, IN AN INDOOR ENVIRONMENT, ACCORDING TO

12
THE DEPARTMENT'S GUIDELINES AS DEVELOPED PURSUANT TO SECTION

13
5563.

14
(B) GUIDELINES FOR MOLD REMEDIATION, IF ANY, ADOPTED BY

15
AUTHORITATIVE BODIES.

16
(C) PROFESSIONAL JUDGMENT AND PRACTICALITY.

17
(3) THE DEPARTMENT SHALL FILE A WRITTEN REPORT WITH THE LEG-

18
ISLATURE ON ITS PROGRESS IN DEVELOPING REMEDIATION STANDARDS FOR

19
MOLD BY JULY 1, 2003.

20
SEC. 5585. (1) THE DEPARTMENT SHALL, AT THE TIME IT COM-

21
MENCES PREPARATION OF REMEDIATION GUIDELINES FOR MOLD, ELECTRONI-

22
CALLY POST ON THE INTERNET WEBSITE MAINTAINED AND OPERATED BY THE

23
DEPARTMENT A NOTICE THAT INFORMS INTERESTED PERSONS THAT IT HAS

24
INITIATED WORK ON THE REMEDIATION STANDARDS FOR MOLD.

25
(2) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL ALSO

26
INCLUDE A BRIEF DESCRIPTION, OR A BIBLIOGRAPHY, OF THE TECHNICAL

05787'01 15

1
DOCUMENTS OR OTHER INFORMATION THE DEPARTMENT HAS IDENTIFIED TO

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DATE IN THE PREPARATION OF REMEDIATION GUIDELINES FOR MOLD.

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(3) THE NOTICE REQUIRED UNDER SUBSECTION (1) SHALL INFORM

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PERSONS WHO WISH TO SUBMIT INFORMATION CONCERNING MOLD REMEDIA-

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TION OF THE NAME AND THE ADDRESS OF THE PERSON IN THE OFFICE TO

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WHOM THE INFORMATION MAY BE SENT, THE DATE BY WHICH THE INFORMA-

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TION MUST BE RECEIVED IN ORDER FOR THE DEPARTMENT TO CONSIDER IT

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IN THE PREPARATION OF REMEDIATION STANDARDS, AND THAT ALL INFOR-

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MATION SUBMITTED WILL BE MADE AVAILABLE TO ANY MEMBER OF THE

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PUBLIC WHO MAKES THE REQUEST.

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SEC. 5587. THE DEPARTMENT MAY REVIEW, AND CONSIDER ADOPTING

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BY REFERENCE, ANY INFORMATION PREPARED BY OR ON BEHALF OF THE

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UNITED STATE ENVIRONMENTAL PROTECTION AGENCY OR OTHER AUTHORITA-

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TIVE BODIES FOR THE PURPOSE OF ADOPTING NATIONAL REMEDIATION

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STANDARDS FOR MOLDS.

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SEC. 5589. (1) THE DEPARTMENT SHALL MAKE AVAILABLE TO THE

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PUBLIC UPON REQUEST, INFORMATION ABOUT CONTRACTING FOR THE

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REMOVAL OF MOLD IN A BUILDING OR SURROUNDING ENVIRONMENT, INCLUD-

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ING ALL OF THE FOLLOWING:

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(A) RECOMMENDED STEPS TO TAKE WHEN CONTRACTING WITH A COM-

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PANY TO REMOVE MOLD.

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(B) EXISTING LAWS, REGULATIONS, AND GUIDELINES DEVELOPED BY

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THE DEPARTMENT PERTAINING TO PERMISSIBLE EXPOSURE LIMITS TO MOLD

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INFESTATION, MOLD IDENTIFICATION, AND MOLD REMEDIATION.

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(C) BASIC HEALTH INFORMATION AS CONTAINED IN EXISTING MOLD

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PUBLICATIONS.

05787'01 16

1
(2) THE DEPARTMENT SHALL REVIEW ALL MOLD REMEDIATION

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GUIDELINES PUBLISHED BY THE DEPARTMENT AT LEAST ONCE EVERY 5

3
YEARS. THE DEPARTMENT SHALL REVISE THE GUIDELINES, AS NECESSARY,

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BASED UPON THE AVAILABILITY OF NEW SCIENTIFIC DATA.

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(3) THE DEPARTMENT SHALL DEVELOP PUBLIC EDUCATION MATERIALS

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AND RESOURCES TO INFORM THE PUBLIC ABOUT THE HEALTH EFFECTS OF

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MOLDS, METHODS TO PREVENT, IDENTIFY, AND REMEDIATE MOLD GROWTH,

8
RESOURCES TO OBTAIN INFORMATION ABOUT MOLDS, AND CONTACT INFORMA-

9
TION FOR INDIVIDUALS, ORGANIZATIONS, OR GOVERNMENT ENTITIES TO

10
ASSIST WITH PUBLIC CONCERNS ABOUT MOLDS.

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(4) THE DEPARTMENT SHALL MAKE ITS PUBLIC EDUCATION MATERIALS

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DEVELOPED UNDER SUBSECTION (3) AVAILABLE TO PUBLIC HEALTH OFFI-

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CERS, ENVIRONMENTAL HEALTH OFFICERS, COMMERCIAL AND RESIDENTIAL

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LANDLORD ORGANIZATIONS, HOMEOWNERS' ORGANIZATIONS, AND TENANTS'

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ORGANIZATIONS. THE DEPARTMENT SHALL ALSO MAKE THE MATERIALS

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READILY AVAILABLE TO THE GENERAL PUBLIC.

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(5) THE DEPARTMENT SHALL ASSURE THAT THE PUBLIC EDUCATION

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MATERIALS DEVELOPED UNDER SUBSECTION (3) ARE COMPREHENSIBLE BY

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THE GENERAL PUBLIC.

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(6) THE DEPARTMENT SHALL PRINT THE PUBLIC EDUCATION MATERI-

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ALS DEVELOPED UNDER SUBSECTION (3) IN LANGUAGES OTHER THAN

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ENGLISH TO ACCOMMODATE THE DIVERSE MULTICULTURAL POPULATION OF

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THIS STATE.

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(7) THE DEPARTMENT SHALL MAKE THE PUBLIC EDUCATION MATERIALS

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DEVELOPED UNDER SUBSECTION (3) AVAILABLE ON THE INTERNET WEBSITE

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MAINTAINED AND OPERATED BY THE DEPARTMENT.

05787'01 Final page. CPD