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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER JTEXAS MOLD ASSESSMENT AND REMEDIATION RULES
RULE §295.303Exceptions and Exemptions

(a) Exceptions. This subchapter does not apply to:

  (1) the following activities when not conducted for the purpose of mold assessment or mold remediation:

    (A) routine cleaning;

    (B) the diagnosis, repair, cleaning, or replacement of plumbing, heating, ventilation, air conditioning, electrical, or air duct systems or appliances;

    (C) commercial or residential real estate inspections; and

    (D) the incidental discovery or emergency containment of potential mold contamination during the conduct or performance of services listed in this subsection. For purposes of this subsection, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination;

  (2) the repair, replacement, or cleaning of construction materials during the building phase of the construction of a structure;

  (3) the standard performance of custodial activities for, preventive maintenance of, and the routine assessment of property owned or operated by a governmental entity; or

  (4) a pest control inspection conducted by a person regulated under the Texas Occupations Code, Chapter 1951 (relating to Structural Pest Control).

(b) Minimum area exemption. A person is not required to be licensed under this subchapter to perform mold remediation in an area in which the mold contamination for the project affects a total surface area of less than 25 contiguous square feet.

(c) Residential property exemption. An owner, or a managing agent or employee of an owner, is not required to be licensed under this subchapter to perform mold assessment or mold remediation on a residential property which is owned by that person, and which has fewer than 10 residential dwelling units. This exemption applies regardless of the total surface area within the residential property that is affected by mold growth. This exemption does not apply to a managing agent or employee who engages in the business of performing mold assessment or mold remediation for the public.

(d) Facility exemption. An owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed under this subchapter to perform mold assessment or mold remediation on property owned or leased by the owner or tenant. This exemption does not apply:

  (1) if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public;

  (2) if the mold remediation is performed in an area in which the mold contamination affects a total surface area of 25 contiguous square feet or more; or

  (3) to a person exempt under subsection (c) of this section.

(e) Construction and improvement exemption. A person is not required to be licensed under this subchapter to perform mold assessment or mold remediation in a one-family or two-family dwelling that the person constructed or improved if the person performs the mold assessment or mold remediation at the same time the person performs the construction or improvement or at the same time the person performs repair work on the construction or improvement. This exemption applies regardless of the total surface area that is affected by mold growth. This exemption does not apply if the person engages in the business of performing mold assessment or mold remediation for the public. For purposes of this subsection, "improve" means "to build, construct, or erect a new building or structure or a new portion of a building or structure that is attached to an existing building or structure" and "improvement" means "a building or structure, or a portion of a building or structure, that was built, constructed, or erected as an attachment to an existing building or structure after the construction or erection of the existing building or structure."

(f) Supervised employee exemption. An employee of a license holder is not required to be licensed under this subchapter to perform mold assessment or mold remediation while supervised by the license holder. An employee performing mold remediation must be registered as provided under §295.314 of this title (relating to Mold Remediation Worker: Registration Requirements).

(g) Exceptions for licensed professionals. All persons engaged in mold-related activities must be licensed, registered or accredited as outlined in this subchapter, except that those professionals currently licensed by the state in another field (including, but not limited to, medicine, architecture, or engineering) who provide to a mold licensee only consultation related to that other field are not required to be separately licensed under this subchapter. In such a case, the responsibility for the project or activity remains with the mold licensee. A person is not required to be licensed under this subchapter if engaging only in the performance of regulated activities of a licensed insurance adjuster pursuant to Article 21.07-4 of the Texas Insurance Code or in the performance of regulated activities of a licensed public insurance adjuster pursuant to Article 21.07-5 of the Texas Insurance Code, including the investigation and review of losses to insured property, assignment of coverage, and estimation of the usual and customary expenses due under the applicable insurance policy, including expenses for reasonable and customary mold assessment and remediation.

(h) Loss of exemption. A person who is performing mold remediation under the licensing exemptions of subsection (b) or (d) of this section and identifies additional mold such that the total mold contamination affects a total surface area of 25 contiguous square feet or more shall:

  (1) immediately cease all remediation work and implement emergency containment if necessary; and

  (2) advise the person requesting the remediation that the exemption under subsection (b) or (d) of this section has been lost and that any additional mold remediation and post-remediation assessment in the area must be done by a person licensed or registered under this subchapter.

(i) Fee exemption for department employees. Employees of the department who engage in mold-related activity as a condition of their employment shall be exempt from examination fees and credentialing fees under this subchapter. Fee-exempted credentials shall be restricted for use only in required departmental duties, and the credentials will indicate the restriction. An employee who is no longer required to possess a credential as a condition of employment shall immediately return that credential to the Mold Licensing Program for closure. An individual who terminates employment with the department shall immediately return all unexpired credentials to the Mold Licensing Program for closure. The department may impose an administrative penalty or take other disciplinary action against any employee or former employee who uses a fee-exempt credential to engage in a mold-related activity that is not a required departmental duty.


Source Note: The provisions of this §295.303 adopted to be effective May 16, 2004, 29 TexReg 4498; amended to be effective May 20, 2007, 32 TexReg 2642

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