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Mold Abatement Regulations

The issue of mold growth related to public health is not addressed officially by any federal regulations. However, individual states have regulations regarding procedures for mold abatement (also referred to as remediation) based on guidelines for mold clean-up and removal from such federal agencies as the Department of Health, the Environmental Protection Agency, and the Centers for Disease Control.

  1. Massachusetts

    • The Commonwealth of Massachusetts has regulations for conditions that present a nuisance to public health. The Office of Health and Human Services lists mold growth among the factors that constitute a health nuisance pursuant to Chapter 111, Section 122 of the Massachusetts General Laws. This section, and more specifically Section 123, gives investigative and enforcement powers to the board of health for the abatement of any health nuisance in public or private buildings, carrying a maximum penalty of $1,000 for each day of the violation.

    Texas

    • The 78th Texas Legislature passed the Texas Mold Assessment and Remediation Rules (TMARR) in 2004 as part of House Bill 329, codified in the Texas Administrative Code, Title 25, Sections 295.301-.338. TMARR regulations include licensing of companies and/or individuals who engage in mold abatement as well as enforcing these regulations with suspension and revocation of licenses and administrative penalties for non-compliance.

    Florida

    • Senate Bill 2234 provides for licensure and regulation of mold assessment and remediation (abatement) under Chapter 468 Part XVI of the Florida Statutes, effective July of 2010. The oversight and administration of these regulations are given to the authority of the Department of Business and Professional Regulation. Subsection 468.8419 regulates all remediation practices including licensure, solicitation, and compensation. Penalties for non-compliance range from a first and second degree misdemeanor to a third degree felony.

    IAQ Aspects

    • Many states address mold abatement in their regulations for indoor air quality (IAQ). One example is the state of Louisiana, which does not have specific regulations for mold remediation. However, the Louisiana State Licensing Board does regulate the licensing of contractors, and those who engage in mold remediation related to IAQ must adhere to the regulations of the Board.

    OSHA Policy

    • Federal oversight and administration of public health in the workplace is included in the General Duty Clause of the Occupational Safety and Health Act. Although this clause does not specifically name mold abatement as a regulation, it does require employers to provide a workplace that is free from recognized hazards to their employees' health. Information from the OSHA website states that OSHA compliance officers often use this clause to require employers to clean up surface molds.

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