(a) Licensing requirements. An individual must be licensed as a mold assessment consultant to perform activities listed under subsection (b). A licensed mold assessment consultant who employs more than one individual required to be licensed under this section or under §78.50, must be separately licensed as a mold assessment company under §78.54.
(b) Scope. An individual licensed under this section is also licensed to perform all activities of a mold assessment technician listed in §78.50(b). In addition, a licensed mold assessment consultant is licensed to provide mold assessment services including:
  (1) plan surveys to identify conditions favorable for indoor mold growth or to determine the presence, extent, amount, or identity of mold or suspected mold in a building;
  (2) conduct activities recommended in a plan developed under paragraph (1) and describe and interpret the results of those activities;
  (3) determine locations at which a licensed mold assessment technician will record observations, take measurements, or collect samples;
  (4) prepare a mold assessment report, including the observations made, measurements taken, locations of samples collected, analysis results, and analysis and interpretation of results of samples taken by the consultant or by a licensed mold assessment technician during the mold assessment;
  (5) develop a mold management plan for a building, including recommendations for periodic surveillance, response actions, and prevention and control of mold growth;
  (6) prepare a mold remediation protocol, including the evaluation and selection of appropriate methods, personal protective equipment (PPE), engineering controls, project layout, post-remediation clearance evaluation methods and criteria, and preparation of plans and specifications;
  (7) evaluate a mold remediation project to certify that mold contamination identified for the remediation project has been remediated as outlined in a mold remediation protocol;
  (8) evaluate a mold remediation project to certify 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; and
  (9) complete appropriate sections of a Certificate of Mold Damage Remediation as specified under §78.150(b).
(c) Qualifications. An applicant for a mold assessment consultant license must meet at least one of the following education and/or experience requirements:
  (1) a bachelor's or graduate degree from an accredited college or university with a major in a natural or physical science, engineering, architecture, building construction, or building sciences, and at least one year of experience in an allied field; or
  (2) at least 60 college credit hours with a grade of C or better in the natural sciences, physical sciences, environmental sciences, building sciences, or a field related to any of those sciences, and at least three years of experience in an allied field; or
  (3) a high school diploma or a GED certificate and at least five years of experience in an allied field; or
  (4) certification as an industrial hygienist, a professional engineer, a professional registered sanitarian, a certified safety professional, or a registered architect, with at least one year of experience in an allied field.
(d) Eligibility for licensing. To obtain a mold assessment consultant license, a person must:
  (1) be at least 18 years old at the time of application;
  (2) successfully pass a criminal history background check;
  (3) comply with subsection (c);
  (4) comply with the requirement for insurance coverage under §78.40;
  (5) successfully complete a mold training course as described in §78.68(c);
  (6) pass the required licensing examination prescribed under §78.24; and
  (7) pay the fee required under §78.80.
(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:
  (1) proof of compliance with the insurance requirement for licensees specified in §78.40;
  (2) verifiable evidence that the applicant meets the requirement in subsection (c); and
  (3) a copy of a course completion certificate for the applicable training course offered by a department-accredited training provider, as described in §78.68(c).
(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold assessment consultant shall:
  (1) provide adequate consultation to the client to diminish or eliminate hazards or potential hazards to occupants caused by the presence of mold growth;
  (2) provide, in accordance with a client's instructions, professional services concerning surveys, building conditions that have or might have contributed to mold growth, proper building operations and maintenance to prevent mold growth, and compliance with work practices and standards;
  (3) comply with mold sampling protocols as presented in training course materials or as required by his/her employer;
  (4) inquire of the client whether any hazardous materials, including lead-based paint and asbestos, are present in the project area;
  (5) utilize the services of a laboratory that is licensed by the department to provide analysis of mold samples;
  (6) sign and date each mold assessment report and each mold management plan that the mold assessment consultant prepares and include that consultant's license number and expiration date on each report and each plan;
  (7) sign and date each mold remediation protocol on the cover page, including the mold assessment consultant's license number and expiration date. The consultant must also initial the protocol on every page that addresses the scope of work and on all drawings related to the remediation work;
  (8) review and approve changes to any protocol by signing or initialing according to paragraph (7);
  (9) provide to the client a mold assessment report following an initial (pre-remediation) mold assessment. If the consultant includes the results of the initial assessment in a mold remediation protocol or a mold management plan, a separate assessment report is not required;
  (10) provide to the client a mold remediation protocol at least one calendar day before a mold remediation project begins;
  (11) ensure that all employees who will perform mold assessment activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;
  (12) ensure that each person performing mold assessment activities is licensed in accordance with this chapter, as applicable;
  (13) ensure that the training and license of each employee that is required to be licensed under this chapter are current;
  (14) if the mold assessment consultant performs post-remediation assessment on a project and ceases to be involved with the project before it achieves clearance, provide a final status report to the client and to the mold remediation contractor or company performing mold remediation work for the client as specified under §78.140(e); and
  (15) provide a passed clearance report to the client as specified under §78.140(d) and complete applicable sections of a Certificate of Mold Damage Remediation as specified under §78.150(b).

Source Note: The provisions of this §78.52 adopted to be effective November 1, 2017, 42 TexReg 4619