District of Columbia Promulgating Licensure Regulations for Mold Professionals

November 1, 2015

The implementation of regulatory requirements for licensure of mold professionals in the District of Columbia (D.C.) is now underway. In June 2015, D.C. passed into law, The Air Quality Amendment Act of 2014, Title III, Subtitle B, which amends the Rental Housing Act of 1985. The former District Department of the Environment (DDOE), recently re-designated by Mayor Muriel Bowser as the Department Energy & Environment (DOEE), is responsible for promulgating the regulations.

The proposed rulemaking establishes a certification and licensure program for mold assessment and remediation professionals that offer their services in the District of Columbia. This rulemaking also sets a threshold above which a property owner must employ assessment and remediation professionals if the property is rented for residential use.

This rulemaking process is currently in progress. On September 25, 2015, the DOEE released for public comment a second draft of its licensure/certification regulations for mold assessment and mold remediation professionals, which is being proposed for a second time to address several public comments received following the release of the first draft.

The proposed rule includes but is not limited to the following provisions:

  1. Sets a threshold limit of 10 sq. ft. of indoor visible mold beyond which a residential property owner must employ assessment and remediation professionals .
  2. D.C. licensure required for residential Mold Remediator Supervisors and Mold Assessors. Requirements to obtain a license include application submittal, age requirements, insurance requirements, education and experience requirements, training requirements, examinations, and fees.
  3. Licensees cannot perform both mold assessment and mold remediation on the same project, or where the companies have a financial interest.
  4. Notification Requirements to DOEE

An indoor mold assessment professional must notify DOEE when he or she determines a property is impacted by indoor mold growth >10 sq. ft., no more than five (5) calendar days after issuance of a mold assessment report.
An indoor mold remediation professional must notify DOEE of a planned mold remediation at a property, when indoor mold growth >10 sq. ft., at least five (5) calendar days prior to the date when remediation is scheduled to start.
The regulation provides for an emergency exemption, which would allow a remediation professional to forego notification to DOEE under certain emergency exceptions.
In addition to the proposed regulation, the DOEE has developed and published proposed guidelines for residential indoor mold assessment and remediation when below the 10 sq. ft. threshold level.

The second public comment period closed on October 26, 2015. Based on the comments provided, The DOEE must now determine if the proposed regulation will go final or if a third round of public comments is required. The industry now awaits word from DOEE regarding its decision. CleanHealth Environmental will continue to keep you updated on any developments.

To view the proposed mold licensure regulations, public comments and responses, and guidance documents, visit DOEE

To learn more about how this regulation may impact your company, contact:

Shari L. Solomon, President
CleanHealth Environmental, LLC
solomon@cleanhealthenv.com
301-377-9555