(a) Record retention. Records and documents shall be retained for the time periods specified in this section.
(1) Records and documents shall be made available for inspection by the department or the department's representative or designee immediately upon request.
(2) Licensees and accredited training providers who cease to do business shall notify the department in a manner specified by the department at least 30 calendar days before such event to advise how they will maintain all records during the minimum three- or five-year retention period. The department, upon receipt of such notification and at its option, may provide instructions for how the records shall be maintained during the required retention period. A licensee or accredited person shall notify the department that it has complied with the department's instructions within 30 calendar days after their receipt or make other arrangements approved by the department.
(3) Licensees and accredited training providers may maintain the records required under this section in an electronic format unless otherwise indicated.
(4) Licensees and accredited training providers who maintain the required records in an electronic format shall provide paper copies of records or the original paper documents to the department or the department's representative or designee on request.
(b) Mold remediation companies and contractors.
(1) A licensed mold remediation company or a licensed mold remediation contractor not employed by a company shall maintain the following records and documents for three years following the stop date of each project that the company or contractor performs:
(2) A licensed mold remediation contractor or a licensed mold remediation company providing mold remediation worker training shall maintain the records required to be created, compiled, or maintained by §78.58(f)(5) and §78.60(e)(4) for five years following the provision of a training course or the issuance of a training certificate.
(c) Mold assessment companies and consultants.
(1) A licensed mold assessment company or a licensed mold assessment consultant not employed by a company shall maintain the following records and documents for the time period required under paragraph (2) for each mold assessment project that the company or consultant performs:
(2) For each project, a licensed mold assessment company or consultant shall maintain all the records listed in paragraph (1) until:
(d) Mold analysis laboratories. A licensed mold analysis laboratory shall maintain copies of the results, including the sample identification number, of all analyses performed as part of a mold assessment or mold remediation for three years from the date of the sample analysis.
(e) Training providers. Accredited training providers shall retain all records required to be created, compiled, or maintained by §§78.64, 78.66, and 78.68 for a period of five years following the most recent applicable event related to the records, including:
(1) the accreditation of the training provider;
(2) the approval of a course or instructor;
(3) the employment of a mold training manager;
(4) the termination of an instructor or mold training manager;
(5) the termination of the training provider accreditation;
(6) the provision of a training course;
(7) the issuance of a training certificate;
(8) the creation, amendment, or termination of a plan or policy.
Source Note: The provisions of this §78.74 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207