The New Texas Mold Rules
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A paradigm shift has occurred in environmental science. Every day more and more data are published implicating poor indoor air quality as an adversary of health, comfort, and productivity. This can be particularly true in instances where individuals with asthma, allergies, or immune deficiencies are exposed to microbial particulates in the indoor environment, particularly mold. What is mold? Mold is a term widely used to describe a mass of velvety, powdery, mucoid, or otherwise objectionable microbial growth. Or, in layman's terms, "the gross stuff in your shower." This mass of microbial growth consists mainly of biological components known as mycelia (pronounced "my-see-lee-uh"), hyphae (pronounced "hi-fee"), and spores. Such biological material is often identified in and around plumbing sources, water leaks, or damp spaces. The reader should be advised that rusts, smuts, molds, mildews and mushrooms are all categorized into the same scientific taxon (classification) as mold; this taxon is called the Kingdom Fungi. Background levels of fungi are ubiquitous in the indoor environment and their concentrations will inevitably fluctuate with changes in the indoor environment such as humidity and temperature.

In recent years, a heightened awareness of mold-related illnesses coupled with exaggerated media attention created a frenzied environment for mold issues in Texas. As the mold situation in Texas reached critical mass, the Texas Department of State Health Services (DSHS) passed into law the Texas Mold Assessment and Remediation Rules (TMARR, also known as the "Texas Mold Rules"). These new regulations addressing mold vary according to quantities identified and other conditions outlined in a web page available at the Texas Department of State Health Services website .

TMARR addresses various topics such as ethics, credentials, licensing, training, minimum work practices, responsibilities, record keeping, complaints, and compliance. In addition to TMARR, the Consumer Mold Information Sheet and the Certificate of Mold Damage Remediation have been crafted through a collaborative effort between the DSHS and the Texas Department of Insurance (TDI) as support documents that address how information is provided to and maintained by property owners. TMARR requires that a Consumer Mold Information Sheet be provided to property owners or consumers prior to the commencement of any and all mold-related activities. The Consumer Mold Information Sheet consists of frequently asked questions as well as important contact information and DSHS resources that are available to the average consumer. The Certificate of Mold Damage Remediation is a signature page that contractors, consultants and assessors must sign upon the successful completion of mold clean up (a.k.a. mold remediation). Collectively, these documents keep consumers abreast of the protections afforded to them by the Texas Mold Rules and provide some evidence that mold-related activities are performed by State-accredited personnel according to a minimum standard of care.

TMARR procedures for dealing with mold vary according to quantities and other special conditions. In a residential setting, the owner of the property receives a "residential property owner exemption", meaning that that owner is not required to be licensed for mold work if they wish to remediate their own property. The residential property owner receives this exemption regardless of the square footage of affected materials. A similar but conditional exemption is granted to commercial, public, and government facility owners. The "facility owner exemption" allows the owner to conduct mold remediation with employees or managing agents as long as the total surface area of the damage does not exceed twenty-five contiguous ("neighboring") square feet. This is now known as the "twenty-five square feet rule". This does not necessarily mean that the state thinks you should do the mold work yourself just because it is less than twenty-five contiguous square feet, but it does mean you can self-perform the remediation provided you are taking the appropriate precautions to protect workers, property, and the surrounding environment.

There are many practical benefits to the new "Texas Mold Rules". First of all, consumers have become more educated about mold and have some degree of assistance from the state when tackling mold-related issues. Second, procedures for dealing with mold have become more standardized (by "standardized" we mean that personnel working on mold-related projects have to meet minimum training and testing requirements that were not in place before). Third, DSHS makes frequent visits to job sites to make sure that workers and documentation are in compliance with TMARR requirements. In addition to these benefits, the "twenty-five square feet rule" established by TMARR gives building owners some flexibility in their maintenance approach, allowing them to address most of the smaller issues before they become a major concern thereby reducing costs and downtime for building owners. As an added benefit, the involvement of a state agency in mold services has helped alleviate some of the confusion and controversy previously surrounding mold-related issues.

Interested parties should visit the DSHS website to read the Texas Mold Rules and review the other mold-related information the state has provided to guide consumers and help prevent some of the mold-related blunders of the past.

Jim Courage
Environmental Microbiologist
Drash Consulting Engineers, Inc.


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