A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 32 TO TITLE 40 SO AS TO REQUIRE THE CERTIFICATION OF MOLD ASSESSMENT PROVIDERS AND MOLD REMEDIATION PROVIDERS, TO CREATE THE SOUTH CAROLINA MOLD ASSESSMENT AND REMEDIATION BOARD, AND TO PROVIDE REQUIREMENTS FOR CERTIFICATION, OVERSIGHT, INVESTIGATION, DISCIPLINE, PENALTIES, EXEMPTIONS, AND TRANSITION PROVISIONS, AMONG OTHER THINGS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Title 40 of the S.C. Code is amended by adding:

 

CHAPTER 32

 

Mold Assessment and Remediation Certification

 

    Section 40-32-110. As used in this chapter:

       (1) "Board" means the South Carolina Mold Assessment and Remediation Board.

       (2) "Department" means the South Carolina Department of Labor, Licensing and Regulation.

       (3) "Mold" means any fungi or fungal growth capable of causing adverse health effects or structural damage.

       (4) "Mold assessment" means the inspection, sampling, monitoring, or evaluation of mold growth or mold contamination in a structure.

       (5) "Certified mold assessor" means a person certified under this chapter to perform mold assessments.

       (6) "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment of mold or mold-contaminated materials greater than ten square feet that was not purposely grown at that location.

       (7) "Certified mold remediator" means a person certified under this chapter to perform mold remediation.

       (8) "Structure" means any residential or nonresidential building.

 

    Section 40-32-120. A person may not perform, offer to perform, or hold himself out as qualified to perform mold assessment or mold remediation services for compensation in this State, or use the title "certified mold assessor," "certified mold remediator," or any similar designation, unless certified pursuant to this chapter.

 

    Section 40-32-130. (A) The department shall administer and enforce this chapter and, in consultation with the board, may promulgate regulations necessary to implement this chapter, including procedures for application, fees, examinations, certification renewal, continuing education, and standards of professional conduct.

    (B) Certification issued under this chapter is a professional certification and does not constitute licensure. Nothing in this chapter may be construed to grant authority beyond the scope expressly provided herein or to supersede other licensure requirements imposed by law.

 

    Section 40-32-140. (A) There is created the South Carolina Mold Assessment and Remediation Board, which is established within the department.

    (B) The board consists of seven members appointed by the Governor as follows:

       (1) two certified mold assessors;

       (2) two certified mold remediators;

       (3) one professional engineer or architect with building science experience;

       (4) one member of the general public not regulated under this chapter; and

       (5) one member with experience in environmental health or industrial hygiene.

    (C) Members must be residents of this State and may not have an unresolved disciplinary action pending against any professional credential.

    (D) Members shall serve terms of four years and until their successors are appointed and qualify. Initial terms must be staggered.

    (E) A member may be removed pursuant to Section 1-3-240.

 

    Section 40-32-150. The board shall:

       (1) advise the department on certification qualifications, examinations, and professional standards;

       (2) review and make recommendations regarding regulations proposed under this chapter;

       (3) review applications for certification and recommend approval or denial to the department;

       (4) conduct hearings and make findings of fact in disciplinary matters;

       (5) recommend disciplinary action, including suspension, revocation, restriction, or conditioning of certification;

       (6) establish ethical and professional practice standards consistent with this chapter; and

       (7) perform other duties necessary to carry out the purposes of this chapter.

 

    Section 40-32-160. (A) The board shall elect a chair and other officers annually.

    (B) A majority of the members constitutes a quorum.

    (C) The board shall meet at least twice annually and at other times as necessary.

    (D) Members may receive per diem, mileage, and subsistence as provided by law.

 

    Section 40-32-170. (A) The board, in conjunction with the department, may investigate alleged violations of this chapter, regulations promulgated pursuant to this chapter, or orders issued by the department or board.

    (B) For purposes of investigations, the board and department have the same powers as provided in Sections 40-23-120 through 40-23-230, excluding Section 40-23-220, including:

       (1) receiving and investigating complaints;

       (2) initiating investigations on their own motion;

       (3) requiring written responses from applicants or certificate holders;

       (4) administering oaths and affirmations;

       (5) issuing subpoenas to compel attendance of witnesses and production of documents; and

       (6) seeking enforcement of subpoenas through the circuit courts.

    (C) Investigations may be conducted by the department, board members, or designated agents of the department.

 

    Section 40-32-180. (A) Complaints, investigatory materials, and information obtained during an investigation are confidential and exempt from disclosure until the investigation is completed or a formal disciplinary proceeding is initiated.

    (B) Upon completion of an investigation resulting in formal action, records must be made available in accordance with the law.

    (C) Nothing in this section prevents sharing investigatory information with law enforcement or other regulatory agencies.

 

    Section 40-32-190. (A) When an investigation indicates reasonable cause to believe a violation has occurred, the department, upon recommendation of the board, may initiate disciplinary proceedings.

    (B) Hearings must be conducted in accordance with the Administrative Procedures Act.

    (C) The board may conduct hearings, receive evidence, make findings of fact, and submit recommended orders to the department.

 

    Section 40-32-200. (A) The board or department may issue subpoenas requiring attendance of witnesses and production of books, records, documents, or other evidence.

    (B) If a person refuses to comply, the board or department may apply to the circuit court for an order compelling compliance.

 

    Section 40-32-210. (A) The department may assess against a person found in violation the reasonable costs of investigation and prosecution.

    (B) Costs are recoverable as a civil debt owed to the State.

 

    Section 40-32-220. (A) If a person engages in mold assessment or remediation in violation of this chapter, the department may issue a cease-and-desist order.

    (B) A person subject to the order may request a hearing pursuant to the Administrative Procedures Act.

 

    Section 40-32-230. (A) The department may apply to a court for injunctive relief to restrain or prevent violations of this chapter or regulations.

    (B) Injunctive relief may be sought in addition to or in lieu of other remedies.

 

    Section 40-32-240. (A) As a condition of certification renewal, a certified mold assessor or certified mold remediator must complete continuing education as required by regulation.

    (B) The board shall recommend to the department a code of ethics and standards of professional conduct. A certified individual must comply with the code, perform services within the scope of certification, avoid conflicts of interest, and act with honesty and integrity.

    (C) Failure to comply with continuing education requirements or the code of ethics constitutes grounds for disciplinary action.

 

    Section 40-32-250. An applicant for certification as a certified mold assessor or certified mold remediator must:

       (1) be at least eighteen years of age;

       (2) be of good moral character;

       (3) meet education or experience requirements established by regulation;

       (4) complete department-approved training applicable to the certification sought;

       (5) pass an examination approved by the department; and

       (6) maintain insurance as required by Section 40-21-300.

 

    Section 40-32-260. (A) A certified mold assessor may not perform mold remediation on a structure for which the assessor performed a mold assessment within the preceding twelve months.

    (B) A certified mold remediator may not perform remediation on property in which the remediator or employer has a financial interest.  

    (C) A certified mold assessor or remediator may not:

       (1) offer or accept referral fees or kickbacks;

       (2) perform services outside the scope of certification;

       (3) make false, deceptive, or misleading representations; or

       (4) perform services without required training or insurance.

 

    Section 40-32-270. Nothing in this chapter authorizes work requiring other certification or licensure unless separately authorized by law.

 

    Section 40-32-280. (A) A certified mold assessor or remediator shall maintain general liability insurance of at least one million dollars per occurrence, including mold-related claims.

    (B) Proof of insurance must be maintained and produced upon request.

 

    Section 40-32-290. (A) Mold remediation must be performed under a written or electronic contract authenticated by the parties.

    (B) The contract must include:

       (1) a description of services;

       (2) the total cost or compensation method;

       (3) the certification number of the remediator; and

       (4) a statement that services comply with this chapter.

 

    Section 40-32-300. (A) The department, upon recommendation of the board, may deny, suspend, revoke, restrict, or condition a certification or impose civil penalties for violations.

    (B) Grounds include fraud, gross negligence, incompetence, misrepresentation, violation of this chapter, or failure to maintain required insurance.

 

    Section 40-32-310. (A) A person knowingly violating this chapter or regulations is guilty of a misdemeanor and may be fined up to five thousand dollars, imprisoned up to one year, or both.

    (B) Each day of uncertified practice constitutes a separate offense.

 

    Section 40-32-320. This chapter does not apply to:

       (1) a property owner performing mold remediation on property they own or occupy;

       (2) an employee acting under direct supervision of a certified mold assessor or remediator; or

       (3) a person authorized under other state laws who does not hold out as certified.

 

    Section 40-32-330. (A) Persons actively engaged in mold assessment or remediation on the effective date may apply for certification without examination if submitted within twelve months.

    (B) The department, in consultation with the board, shall establish criteria by regulation, including proof of experience, training, and insurance.

    (C) After the transition period, all applicants must comply with standard requirements.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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