(a) Clearance criteria. For a remediation project to achieve clearance, a licensed mold assessment consultant shall conduct a post-remediation assessment using visual, procedural, and analytical methods. If walk-in containment is used during remediation, the post-remediation assessment shall be conducted while the walk-in containment is in place. The post-remediation assessment shall determine whether:      
        (1) the work area is free from all visible mold and wood rot; and       
        (2) all work has been completed in compliance with the remediation protocol and remediation work plan and meets clearance criteria specified in the protocol.       
      (b) Underlying cause of mold. Post-remediation assessment shall, to the extent feasible, determine that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause.     
      (c) Analytical methods.      
        (1) The assessment consultant shall perform a visual, procedural, and analytical evaluation in each remediated area in order to determine whether the mold contamination identified for the project has been remediated as outlined in the remediation protocol.       
        (2) The consultant shall use only the analytical methods and the criteria for evaluating analytical results that were specified in the remediation protocol, unless circumstances beyond the control of the consultant and the remediation contractor or company necessitate alternative analytical methods or criteria. The consultant shall provide to the client written documentation of the need for any deviation from the remediation protocol and the alternative analytical methods and criteria selected, and shall obtain approval from the client for their use, before proceeding with the post-remediation assessment.       
        (3) Where visual inspection reveals deficiencies sufficient to fail clearance, analytical methods need not be used.       
      (d) Passed clearance report. An assessment consultant who determines that remediation has been successful shall issue a written passed clearance report to the client at the conclusion of each mold remediation project. The report must include the following:      
        (1) a description of relevant worksite observations;       
        (2) the type and location of all measurements made and samples collected at the worksite;       
        (3) all data obtained at the worksite, including temperature, humidity, and material moisture readings;       
        (4) the results of analytical evaluation of the samples collected at the worksite;       
        (5) copies of all photographs taken by the mold assessment consultant; and       
        (6) a clear statement that the project has passed clearance.       
      (e) Final status report. If the mold assessment consultant determines that remediation has not been successful and ceases to be involved with the project before the project passes clearance, the consultant shall issue a written final status report to the client and to the remediation contractor or company performing the project. The status report must include the items listed in subsections (d)(1) - (5) and any conclusions that the consultant has drawn.     
     Source Note:        The provisions of this §78.140 adopted to be effective November 1, 2017, 42 TexReg 4619