Did you know that you’re required to outline the start and stop dates for your project when you notify TDLR of your mold remediation project?

What are start and stop dates? According to Rule 78.10 (40)&(41):

• (40) Start-date—The date mold remediation begins. Preparation work is not considered mold remediation. (41) Stop-date—The date after the day final clearance for a mold remediation project is achieved.

What if something changes at the last minute?

If your mold remediation project has some hiccups that change the start or stop dates, simply return to your original notification and make an amendment changing your start and stop dates. You can also add a description detailing the reason for the change. (Rule 78.110 Notification of mold remediation activities (b)-(d)(4))

Why are start and stop dates so important?

Failure to notify TDLR of changes to start/stop dates is a Class A violation and carries a penalty ranging from $250 - $1,000.

The Rules Still Apply

And remember – if you’re a license holder in Mold Assessment and Remediation, all the rules in Chapter 78 still apply – even if the project is indeed less than 25 contiguous square feet.

Every project requires: 

• Mold Assessment Consultants Protocol
• Mold Remediation Contractor Workplan
• MRC must be reachable by phone in 10 minutes AND can be on-site within 1 hour
• TDLR Licensed or Registered workers
• Insurance
• List of workers
• Training records
• Fit test records
• Notice signs at all accessible entrances

Minimum Area Exemption

Is a licensed Mold Remediation Contractor (MRC) exempt from all the mold rules if they’re hired for a project where the mold contamination affects a total surface area of less than 25 contiguous square feet of visible mold? No. 

The exemption in §1958.102(a) or (c) only applies to persons who are not licensed to conduct mold remediation and was meant to allow small projects to be handled more simply and economically. A licensed MRC performing a small mold remediation project (less than 25 contiguous square feet) is not exempt from the law and rules. Regardless of the size of the area affected by mold contamination, if a licensed MRC is hired by the consumer, the MRC must comply with the requirements in the law and rules, including the development of a work plan that follows a protocol developed by a licensed Mold Assessment Consultant (MAC). The MRC does not, however, have to submit a notification for the project.

1. Failure to notify TDLR of a project - 1958.153(a)-(b),78.110(a)(1), 78.110(e)(1) 
2. Failure to specify the estimated amounts of materials to be removed or cleaned in a protocol - 1958.151(b), 78.100(e), 78.100(g), 78.100(h), 78.100(i)
3. Performing mold remediation without a license - 1958.101(a)(2), 78.20(a),78.30(e) 78.56(a),78.56(c), 78.58(a), 78.60(a)
4. Performing work before or after the notified stop or start date - 78.110(b), 78.110(c), 78.110(d)(2), 78.110(d)(3), 78.110(d)(4), 78.60(e)(7)
5. Failure to have a work plan on site - 1958.152(b), 78.120(c)

Many violations can be corrected onsite during an inspection. Please remember that TDLR is the official source for interpretation of the Department’s rules. Don’t rely on the opinion of anyone outside TDLR for the meaning of a rule or law regarding mold remediation.

If you wish to file a complaint or inform TDLR of unlicensed activity or potential violations of the laws and rules, follow this link.

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