The new Estero Regulation
The new Estero Regulation of Professions and Miscellaneous Professions and Occupations of 2008 went into effect on July 1st 2010.
Chapter 468 of this statute “Miscellaneous and Occupations” regulates 16 occupations and professions. Among these are: Part XV: Estero Home inspectors And Part XVI: Estero Mold Related Services.
Chapter 469 regulates Estero Asbestos Abatement.
Chapter 489 regulates Contracting. Part I: Estero Construction Contracting and Part II: Electrical and Alarm System Contracting.
Chapter 468 states “That it is necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of the state, and to regulate persons and companies that hold themselves out to the public as qualified to perform Estero mold-related services.
1. The following persons are not required to comply with any provisions of this part relating to Estero mold assessment. (a) A residential property owner who performs Estero mold assessment on his or her own property. (b) A person who performs Estero mold assessment on property owned, leased or operated by the person or their employer unless that person is in the business of Estero mold assessment to the public. (c) An employee of a Estero mold assessor while directly supervised by a Estero mold assessor. (d) Persons or organizations acting within the scope of the respective licenses require under Part XV of this chapter on behalf of an insured who hold themselves out for hire to the public as a Professional Estero Mold Assessor. (e) An authorized employee who is conducting Estero mold assessment within the scope of their employment as long as that employee does not hold out for hire to the general public.
2. The following persons are not required to comply with any provisions of this part relating to Estero mold remediation (a) A residential property owner who performs Estero mold remediation on his or her own property (b) A person who performs mold assessment on property owned, leased or operated by the person or their employer unless that person is in the business of Estero mold remediation to the public. (c) An employee of a Estero mold assessor while directly supervised by a mold remediator. (d) Persons or organizations acting within the scope of the respective licenses require under Part XV of this chapter on behalf of an insured who hold themselves out for hire to the public as a Professional Estero Mold remediator. (e) An authorized employee who is conducting mold assessment within the scope of their employment as long as that employee does not hold out for hire to the general public.
Terms:
Estero Mold: An organism of the class Fungi that causes disintegration of organic matter and produces spores, and includes any spores, hyphae, and mycotoxins produced by Estero mold.
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Estero Mold Assessment: Process performed by a Estero mold assessor including physical sampling and detailed evaluation of data to formulate an initial hypothesis about origin, identity, location and extent of Estero mold growth of greater than 10 square feet.
Mold Remediation: Removal, cleaning, sanitizing, demolition or other treatment including preventative activities of Estero mold or Estero mold contaminated material greater than 10 square feet. However, such removal, cleaning, sanitizing, demolition or other treatment including preventative activities, may not be work that requires a license under Chapter 489.
Qualifications:
Estero Mold remediator; 2 year degree in microbiology or related field of science from an accredited institution and at least 1 year documented field experience. Or a high school diploma and 4 years of documented field remediation experience.
Estero Mold Assessor: 2 year degree in microbiology or related field of science from an accredited institution and at least 1 year documented field experience. Or a high school diploma and 4 years of documented field sampling and investigation experience. Or a high school diploma and 4 years of documented field remediation sampling and investigation experience.
The department of Business and Professional Regulation shall review and approve courses of study in Estero mold assessment and Estero mold remediation. The BPR may refuse to certify an applicant for failure to satisfy these requirements or for poor moral character.
Licensure: The BPR may license nay applicant who satisfies these requirements or who passes the licensing exam and has documented training in water, Estero mold and respiratory protection and is of good moral character.
A partnership or Corporation may be certified by BPR if that entity satisfies all requirements under licenses of its owners, offices and employees. This certification must be renewed every 2 years. Individuals and Corporations who violate these regulations may have their license revoked or suspended.
A Estero mold assessor and Estero mold remediator shall maintain general liability insurance in an amount of not less that $1,000,000.00 that shall include specific coverage for mold related claims. Estero Mold assessors shall also have errors and omissions coverage.
Contracts: A contract to perform Estero mold assessment and Estero mold remediation shall be in document or electronic form, signed or otherwise authorized by the parties. A Estero mold assessment contract is not required to provide estimates related to the cost of repair of an assessed property.
Grandfather clause: A person who performs Estero mold assessment or Estero mold remediation as defined in this part may qualify to be licensed by the BPR as a mold assessor or Estero mold remediator if the person meets the licensure requirements of this part by July 1, 2010
