Florida Mold Law “Grandfathering”

November 19, 2010

Grandfathering: Applicants must submit an application to the department by March 1, 2011, whether postmarked or delivered by that date, and meet the following licensure requirements:

• Certification by a state or national association that requires successful completion of a proctored exam for certification and completion of at least 60 hours of verifiable education for an assessor and 30 hours of education for a remediator;

or

• At the time of application, have at least 3 years of experience as an assessor or remediator. To establish the 3 years of experience, an applicant must submit at least 40 invoices prepared by the applicant. The department may investigate the validity of the invoices submitted.
Other Grandfathering requirements

• An applicant for licensure must submit to a criminal background check and be of good moral character. Mold assessors must also obtain a $1,000,000 insurance policy to cover both preliminary and post-remediation assessment.

• An applicant may not qualify for licensure if he or she has had a mold related services license or a license in any related field revoked at any time or suspended within the previous 5 years or has been assessed a fine that exceeds $500 within the previous 5 years. A license in a related field includes, but is not limited to, licensure in real estate, construction, mold-related services, or building code administration or inspection.

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
www.Microshield-ES.com


Florida Mold Law and 3 Years Experience You Make the Call

November 11, 2010

The Law States that

“At the time of application, have at least 3 years of experience as a mold assessor or mold remediator. To establish the 3 years of experience, an applicant must submit at least 40 invoices for mold assessment or mold remediation prepared by the applicant.”

So…..

Is the Law asking for an applicant to have 3 years of experience and provide 40 invoices to establish the 3 years?

OR

Is the Law asking for the applicant to have 3 years experience OR submit 40 invoices over any period of time that could be as little as 6 months?

You make the Call……………..

Go to the Florida Department of Business and Professional Regulation to see the full Law.
http://www.myfloridalicense.com/dbpr/pro/mold/grandfathering.html
• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
www.Microshield-ES.com


Florida Mold Law “Grandfathering by Experience” What is Experience???

November 11, 2010

In an effort to protect the citizens of Florida, Florida Governor Crist signed Mold / Inspection legislation House Bill 713. The law regulates the Mold Inspection industry.

The Florida Mold Law is significant in the protection for our Citizens from untrained mold inspectors with in adequate training and experience.

1468.8423 Grandfather clause.
A person who performs mold assessment or mold remediation as defined in this part may qualify to be licensed by the department as a mold assessor or mold remediator if the person meets the licensure requirements of this part by July 1, 2010.

The “Grandfathering by Experience” option is what I wanted to discuss today and most importantly I wanted to get as much feedback as possible.

You see the interpretation of the 3 years of experience has become a grey area for some.

The confusion is with the statement “At the time of application, have at least 3 years of experience as a mold assessor or mold remediator. To establish the 3 years of experience, an applicant must submit at least 40 invoices for mold assessment or mold remediation prepared by the applicant.”

The argument by some is that the statement above (verbatim from the law as shown below) is an either or statement. Either you have 3 years experience or you provide 40 invoices.

This is an excerpt from a recent blog post where I was informed that the Law requiring 3 years experience was not necessary. The individual posted “Experience equates to 40 invoices based on Mr. Morrison’s statement can be accumulated without any specific time-frame, meaning someone could have their 40 invoices going back only 6 months and still meet the experience requirement.” What????

It may just be me but what are these guys reading? The statement is clear. 3 years experience. The invoices are to establish the 3 years.

The intent of option 2 is to not deny anyone the right to continue in their profession if they have been conducting mold assessments prior to the enactment of the new law.

Any applicant would simply need to establish 3 Years of experience.

The law isn’t asking the applicant to simply submit 40 invoices. That isn’t establishing 3 years of experience at all is it?

That would be an interpretation of convenience and one that misinterprets the intent of the law. Wouldn’t it?

The Law clearly states verify 3 years of experience.

So now I ask the readers to chime in with their opinion of what the intent of the Law is. Does it require 3 years of experience or simply 40 invoices with the time frame of the invoices unimportant???

To truly protect our citizens and ensure the Law isn’t simply another State Fee for small business we need to send a message to our legislators that we care. We care about how the Law we worked so hard to enact is enforced and applied.

The grandfathering requirements are clear and easily obtainable for applicant’s perusing either option. Both options are listed below verbatim from the States website.

http://www.myfloridalicense.com/dbpr/pro/mold/grandfathering.html

GrandfatheringThe requirements for grandfathering as amended by House Bill 713 include submission of an application to the department by March 1, 2011, whether postmarked or delivered by that date. Applicants must meet the following licensure requirements:

Option 1 • Certification by a state or national association that requires successful completion of a proctored exam for certification and completion of at least 60 hours of verifiable education for an assessor and 30 hours of education for a remediator;

or

Option 2 • At the time of application, have at least 3 years of experience as a mold assessor or mold remediator. To establish the 3 years of experience, an applicant must submit at least 40 invoices for mold assessment or mold remediation prepared by the applicant. The department may investigate the validity of a mold invoice and, if the applicant submits a false invoice, may take disciplinary action.

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
www.Microshield-ES.com


Florida public adjuster calls for property owner diligence, research after gubernatorial election

November 7, 2010

Read more: http://www.benzinga.com/press-releases/10/11/c586468/florida-public-adjuster-calls-for-property-owner-diligence-research-aft#ixzz14cKDiwku
(via COMTEX News Network)–

Some have called this weeks Florida gubernatorial election may have been a referendum on the economy, but it could also potentially signal a potential paradigm shift for one of the most important issues in the state: insurance regulation and rates. Rick Scott will move into the governors mansion in two short months, and when the state legislature convenes early next year, policyholders can expect to see a big impact in both their property insurance policies and their checkbooks, according to the Florida-based public adjusters at Tutwiler and Associates.

The licensed and certified public adjusters at Tutwiler and Associates, with offices throughout Florida and licenses in nine other states as well as the U.S. Virgin Islands, say one indicator of what some might call the broken insurance system in Florida is the fact several major insurance companies say they are losing money. On the other hand, one insurance provider, Homeowners Choice, just declared a dividend and is trying to acquire other insurance companies. What does this weeks gubernatorial election mean for them?

The insurance industry has been whining and complaining and calling for change because they claim theyve been losing money, says Dick Tutwiler, founder and CEO of the Florida public adjuster firm, Tutwiler and Associates. Well, they got what they wanted. Governor-elect Scott is on record as saying hes in favor of the deregulation of the Florida insurance market, and that means big changes for policyholders.

Tutwiler has 37 years of insurance experience in the state of Florida and he says hes believed from the beginning the 2010 election was going to be a game changer with regard to the possible effects on Florida policyholders. He points to Governor-elect Scotts corporate background and pro-business philosophy as a major indicator that not only will Scott deregulate the insurance industry, but doing so will benefit insurance companies because it will enable them to drive their prices up. As it stands now, Tutwiler explains, an insurance company has to go to Tallahassee and argue why they want to raise their prices.

Deregulation, however, changes everything.

Right now, there are a lot of consumer protection regulations, but that could all change once the insurance industry is deregulated, says Tutwiler. Is deregulation going to be good for consumers? Well see, but now is the time for the general public to pay attention, be diligent regarding any insurance news coming out of Tallahassee and let their representatives know where they stand on the issues.

For more information, please visit http://www.PublicAdjuster.com.

About Tutwiler and Associates: Tutwiler and Associates is a firm of public adjusters licensed in 10 states and the U.S. Virgin Islands specializing in commercial and residential property loss adjusting. With well in excess of $113 million in client success stories over a 27-year history, the Florida public adjusters work exclusively on behalf of policyholders to help them achieve the maximum settlement amounts they can fairly and honestly recover based on their loss and their policy provisions. Professional help from the adjusters at Tutwiler and Associates can help clients obtain a fair recovery under their policy. The Gulf Coast based public adjuster firm is committed to public service and strives to educate its clients about commercial and residential windstorm and hurricane losses, flood damage, fire, smoke and water damage, collapse, hidden decay and mold losses, sinkholes, loss of stock, and business interruption.

Read more: http://www.benzinga.com/press-releases/10/11/c586468/florida-public-adjuster-calls-for-property-owner-diligence-research-aft#ixzz14cK5UvjC

• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
www.Microshield-ES.com


The ACAC Introduces the Council-certified Environmental Thermography Consultant (CETC)

October 25, 2010

What is a CETC?
A Council-certified Environmental Thermography Consultant (CETC) investigates structural and environmental issues in the built environment using infrared thermography. For example, a CETC can identify mold and moisture issues during a commercial investigation or a home inspection that may be invisible to the naked eye. A CETC has verified knowledge of thermal and infrared physics as they apply to the building sciences. A CETC has verified knowledge of the selection, calibration and operation of thermal imaging equipment. Finally, a CETC knows how to apply the principles and equipment of infrared thermography to a building investigation.

Each CETC has demonstrated at least eight (8) years experience conducting field investigations involving infrared thermography. Field experience documentation is reviewed by the CETC certification board.

To earn the Council-certified Environmental Thermography Consultant (CETC) designation, every candidate must:

•Demonstrate at least eight (8) years of verifiable field experience in environmental thermography

•Pass a rigorous examination based on broad industry knowledge rather than a course curriculum

•Earn the unanimous approval of the CETC certification board

•Re-certify every two years

•Participate in 20 hours of professional development activities each year

•Maintain the highest ethical standards

The CETC certification is accredited by the Council for Engineering and Scientific Specialty Boards (CESB), a nationally recognized independent accreditation body. ACAC certifications are the ONLY designations in the indoor air quality field to earn CESB accreditation.

What is a CETI?
A Council-certified Environmental Thermography Investigator (CETI) investigates structural and environmental issues in the built environment using infrared thermography. For example, a CETI can identify mold and moisture issues during a commercial investigation or a home inspection that may be invisible to the naked eye. A CETI has verified knowledge of thermal and infrared physics as they apply to the building sciences. A CETI has verified knowledge of the selection, calibration and operation of thermal imaging equipment. Finally, a CETI knows how to apply the principles and equipment of infrared thermography to a building investigation.

Each CETI has demonstrated at least two (2) years experience conducting field investigations involving infrared thermography. Field experience documentation is reviewed by the CETI certification board.

To earn the Council-certified Environmental Thermography Investigator (CETI) designation, every candidate must:

•Demonstrate at least two (2) years of verifiable field experience in environmental thermography

•Pass a rigorous examination based on broad industry knowledge rather than a course curriculum

•Earn the unanimous approval of the CETI certification board

•Re-certify every two years

•Participate in 20 hours of professional development activities each year

•Maintain the highest ethical standards

The CETI certification is accredited by the Council for Engineering and Scientific Specialty Boards (CESB), a nationally recognized independent accreditation body. ACAC certifications are the ONLY designations in the indoor air quality field to earn CESB accreditation.

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
www.Microshield-ES.com http://www.CFL-IAQ.com


Are there risks associated with having mold in a home?

September 22, 2010

The growth of any type of mold in a home is never acceptable. Your safest and most prudent course of action is to treat all molds with caution and to remove them from your home as soon as possible.

In the spring, some people experience no health effects from the increased amount of pollen in the air, while other people have serious allergic reactions. The same is true with mold spores, both inside and outside a home. Some people experience little or no reaction from high levels of exposure to mold spores. Other people exposed to low levels can have allergic responses, including asthma, stuffy or runny noses, eye irritation, fever, wheezing, inflammation in the lungs, and skin rashes.

These same symptoms can be caused by a variety of allergens. If you experience the symptoms, you should not automatically assume that your home has a mold problem.

You may want to have your indoor environment assessed by a CIEC Council Certified Indoor Environmental Consultant to help identify any elevations of allergens in your home and identify the cause and origin so you can take the appropriate corrective action. If you need to have your home inspected for mold make sure your mold inspector is a Florida State Licensed Mold Assessor. To be licensed as a Mold Assessor the State of Florida ensures that your mold assessor is properly, insured, and trained.

Healthy individuals usually are not vulnerable to health problems from airborne mold exposure. If you have concerns about possible health and safety issues regarding mold, immediately contact a medical professional and/or your local government health authority for guidance.

Remember before hiring an IAQ or mold assessor, check with the State of Florida to ensure that your IAQ mold assessor is licensed, insured, and trained.


How do I know if my home has a mold problem?

September 22, 2010

If mold is growing in your home, you most likely will be able to smell it. Have you ever walked into a room that has a musty or earthy odor? You probably are smelling mold. Sometimes, you can see the mold on the surface of an object. In such cases, the item may be discolored or look as if it has smudges or blotches.

Often, you will not be able to see mold that is causing an odor. The mold could be growing behind walls, underneath carpets, or in other hidden areas. Mold growth is common in areas of a home that are damp or have suffered water damage. You should be especially concerned about the growth of mold if your home has had:

• a flood
• a sewer back-up
• an overflowing toilet
• leaking pipes
• a leaking roof
• leaking windows
• humidifiers
• any other serious water-related problems.

Some of these situations can result in the growth of bacteria, which also can cause musty odors and health problems. If you need to have your home inspected for mold make sure your mold inspector is a Florida State Licensed Mold Assessor. To be licensed as a Mold Assessor the State of Florida ensures that your mold assessor is properly, insured, and trained.

Once materials become wet, mold can begin to grow within 24 to 48 hours. If your home experiences a water-related problem, clean and dry any wet or damp areas as soon as you find them. If you live in a rental property, immediately report water problems to your landlord.
The earlier you can detect the growth of mold in your home, the better a chance you have to control it. Early detection and treatment are very important. If you smell a musty odor in your house, start looking for the source immediately and remove it as soon as you find it. Prevention and early detection may save you from paying much greater cleanup and repair expenses later on. If you own your home, damage from mold and the cost of removing mold might not be covered by your homeowner insurance. (Read your policy or call your insurance agent to find out.)

Before hiring a mold assessor, check with the State of Florida to ensure that your mold assessor is licensed, insured, and trained.


Florida Mold License Examination

July 18, 2010

Chapter 468, Part XVI, Florida Statutes, provides for licensure and regulation of mold assessors and remediators. The law became effective July 1, 2010, and provides that the mold related services licensing program will be administered by Florida’s Department of Business and Professional Regulation (DBPR).

DBPR has chosen ACAC to provide the license examinations required by Chapter 468, and has approved six ACAC certification exams for this purpose:

Mold Assessor Exams

All of the following tests are approved by DBPR for the Florida mold assessor license. License applicants may register for the exam of their choosing

Council-certified Indoor Environmentalist (CIE)
100 question exam on the investigation of indoor environmental issues including asbestos, lead, HVAC, building science, chemicals, mold and microbial contamination.

Council-certified Indoor Environmental Consultant (CIEC)
120 question exam on the investigation of indoor environmental issues including asbestos, lead, HVAC, building science, chemicals, mold and microbial contamination.

Council-certified Microbial Consultant (CMC)
120 question exam on the investigation of suspected microbial contamination, including the design and execution of microbial sampling regimens.

Mold Remediator Exams

All of the following tests are approved by DBPR for the Florida mold remediator license. License applicants may register for the exam of their choosing:

Council-certified Microbial Remediator (CMR)
100 question exam on proper techniques for microbial remediation in the indoor environment.

Council-certified Microbial Remediation Supervisor (CMRS)
120 question exam on proper techniques for microbial remediation in the indoor environment.

Council-certified Indoor Environmental Supervisor (CIES)
120 question exam on proper techniques for remediating environmental issues including asbestos, lead, hazardous materials, chemicals and microbial contamination.

John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com


2010 ASHRAE Ventilation Standard Brings Breath of Fresh Air to Industry

July 16, 2010

ANSI/ASHRAE Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality, sets minimum ventilation rates and other requirements for commercial and institutional buildings.

“Since first being published in 1973, the standard has provided the basis for ventilation system design throughout the industry,” Roger Hedrick, committee chair, said. “The 2010 standard furthers ASHRAE’s work in ensuring acceptable indoor air quality, while also heeding the need for energy efficiency as we strive to find ways to help designers tailor ventilation system designs to each particular application.”

Among the changes to the 2010 standard are modifications to the Natural Ventilation Rate Procedure, which now requires most buildings designed to meet the natural ventilation requirements also include a mechanical ventilation system designed to meet the Ventilation Rate or IAQ procedures. The mechanical system is to be used when windows are closed due to extreme outdoor temperatures, noise and security concerns.

“Most buildings using natural ventilation in the United States are high-rise residential buildings that often have no form of outdoor air intake other than operable windows,” Hedrick said. “This results in buildings with inadequate ventilation, because occupants often leave the windows closed in order to run the air conditioning, keep out noise, etc. The committee felt it needed to strengthen the existing prescriptive requirements to ensure adequate ventilation and their corresponding IAQ benefits are available to occupants.”

Another change relocates requirements related to exhaust systems to a new section, clarifying that exhaust requirements apply to all buildings regardless of the procedure used to determine outdoor air intake flow rates.

The IAQ procedure, which allows for the calculation of the amount of outdoor air necessary to maintain the levels of indoor air contaminants below recommended levels, has been made more robust by increasing requirements for using the “similar building” design approach and clarifying other requirements.

“The standard now contains, in informative Appendix B, a table of volatile organic compounds that designers might want to consider as possible contaminants of concern,” Hedrick said. “To encourage designers to consider ‘additivity’ when applying the IAQ Procedure, some guidance from the American Conference of Governmental Industrial Hygienists has been included.”

The cost of Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality, is $69 ($59 ASHRAE members). To order, contact ASHRAE Customer Service at 1-800-527-4723 (United States and Canada) or 404-636-8400 (worldwide), fax 404-321-5478, or visit http://www.ashrae.org/bookstore.

ASHRAE, founded in 1894, is an international organization of some 50,000 persons. ASHRAE fulfills its mission of advancing heating, ventilation, air conditioning and refrigeration to serve humanity and promote a sustainable world through research, standards writing, publishing and continuing education.

John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com


Grandfathering Under the Florida Mold Law

July 14, 2010

Florida’s mold-related services law, which went into effect on July 1, 2010, requires that all mold assessors and mold remediators obtain a license to work in the state.

Individuals currently practicing mold assessment and remediation will be pleased to learn that the state law includes a “grandfather” clause allowing applicants to qualify for the license until March 1, 2011.

Florida will accept “grandfather” applications from two types of people:

1. Individuals who are certified as mold assessors or mold remediators by state or national associations that require a proctored examination in mold assessment or mold remediation. These grandfather applicants must also submit proof of completion of at least 60 hours of education in mold assessment or at least 30 hours of education in mold remediation.

2. Individuals who can demonstrate at least three years of field experience in mold assessment or mold remediation. As proof of field experience, these grandfather applicants must submit 40 invoices for mold assessment or mold remediation services.

Individuals who do not meet either of these criteria for grandfathering may obtain a license by taking one of six ACAC certification exams and completing Florida’s initial license application.

John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com