Texas Mold Assessment & Remediation Rules

Overview

Texas was the first state to enact laws concerning the licensing of persons performing mold assess­ment and remediation services.  The Texas Mold Assessment and Remediation Rules (TMARR) were adopted May 16, 2004 under the Texas Administration Code 25 TAC §295.301-§295.338.

The fundamental purpose of the rules concern “regulation of mold assessors and remediators conducting mold-related activities that affect in­door air quality”.

Assessment & Remediation
Except for select provisions of the TMARR, persons performing mold assessment and remediation are to be licensed by the Texas Department of State Health Services (TDSHS). 

Licenses for assessment are separate from remediation; however, an individual may hold both types of licenses provided they are not utilized on the same project.

Mold assessment activities include inspections, surveys and assessments of structures; development of mold management plans and remediation protocols; and collection/analysis of mold samples.

Mold remediation activities include the removal, cleaning, sanitizing, demolition, or other treatment, including preventative activities, of mold or mold-contaminated matter.  Preventative activities include applying biocides or antimicrobial compounds.
 

• Minimum Area Exemption.  A person is not required to be licensed 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.

• Residential Property Exemption.  An owner, or managing agent or employee of an owner, is not required to be licensed on a residential property which is owned by that person and which has fewer than 10 dwelling units regardless of size of contamination.

• Facility Exemption.  An owner or tenant, or a managing agent or employee of an owner or tenant is not required to be licensed on a property owned or leased by the owner or tenant if the mold contamination affects a total surface area less than 25 contiguous square feet.

• Construction & Improvement Exemption.  A person is not required to be licensed in a one- or two-family dwelling that the person constructed or improved if the person performs the work 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; regardless of the total surface area affected.

• Building Phase Exception.  The TMARR does not apply to the repair, replacement, or cleaning of construction materials during the building phase of the construction of a structure. 
   

The Process
Prior to a mold remediator performing work, an assessment consultant must prepare a project-specific Mold Remediation Protocol (“Protocol”) which establishes the scope, manner, and methods of work.

Note that an assessment for the purposes of developing a Protocol may be more involved than a preliminary assessment.  Often it is necessary to obtain additional samples to establish baseline conditions and define the areas involved; perform invasive inspections of hidden areas; develop site-specific procedures; etc. 

Once the Protocol has been developed, the remediator must prepare a Work Plan based on the Protocol and submit this plan to the Client. 

The basic objectives of the Protocol and Work Plan are to establish methods for removing contamination while protecting the workers and building occupants.

Once both documents have been completed, the remediator must notify TDSHS no less than five days prior to the anticipated start date. 

Site work can commence once TDSHS has been notified and notification fees paid.  envirochex also recommends that Clients retain the consultant for project oversight during the work.  Once work is completed, the consultant is required to conduct a post-remediation assessment.
 

In general, this assessment will determine:

• if the work area is free from all visible mold and wood rot;

• all work has been completed in accordance with the Protocol and Work Plan and meets the clearance criteria specified in the Protocol;

• to the extent feasible, determine that the underlying cause of mold has been rectified so that it is reasonably certain that the mold will not return from that remediated cause.

The consultant will also perform analytical sampling in order to determine whether the mold contamination identified for the project has been remediated as outlined in the protocol.
 

Upon issuance of this report, the remediator will remove containment provisions and demobilize from the project.  Finally, the consultant and remediator will sign a Texas Department of Insurance “Certificate of Mold Damage Remediation”.

The remediation project is considered essentially complete upon issuance of TDI’s certificate.  Restoring the structure to pre-incident conditions is not normally considered part of the remediation work and will be required to be arranged separately.
 

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