§ 26131. — 26131. (Added by Stats. 2001, Ch. 584, Sec. 2.)

California § 26131.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 20.: DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
• Ch. 18.: CHAPTER 18. Toxic Mold
• Art. 3.: ARTICLE 3. Guidelines for Remediation

Text

(a)
Remediation guidelines for mold developed by the department shall do all of the following:
(1)
Provide practical guidance for the removal of mold and abatement of the underlying cause of mold and associated water intrusion and water damage in indoor environments.
(2)
Protect the public’s health.
(3)
Notwithstanding paragraph (2), balance the
protection of public health with technological and economic feasibility.
(4)
Utilize and include toxicological reports, the latest scientific data, or existing standards for the remediation of molds adopted by authoritative bodies.
(5)
Provide practical guidance for the removal or cleaning of contaminated materials in a manner that protects the health of the person performing the abatement.
(6)
Include criteria for personal protective equipment.
(7)
Not require a landlord, owner, seller, or transferor, to be specially trained or certified or utilize the services of a specially qualified professional to conduct the mold remediation.
(b)
The department shall consider all of the
following criteria when it develops remediation guidelines for mold:
(1)
Permissible exposure limits to molds developed by the department pursuant to subdivisions (a) and (b) of Section 26103, 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 department’s guidelines as developed pursuant to Section 26105.
(2)
Guidelines for mold remediation, if any, adopted by authoritative bodies.
(3)
Professional judgment and practicality.
(c)
The department shall not 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), (b), and (c) of Section 26103.
(d)
The department shall report to the Legislature on its progress in developing remediation standards for mold by July 1, 2003.

Legislative History

Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.