Post Remediation Verification
Post Remediation Verification, sometimes referred to as a “clearance test”, needs to be conducted after the removal and cleanup of the mold has been conducted, but PRIOR to the reconstruction of any building materials. The previously affected areas are inspected to verify that all removal and cleaning procedures have been followed per the protocol. Mold samples will be collected in the remediated areas to verify that the home has been returned to a normal indoor environment and is safe for re-occupancy.
An assessment consultant who determines that remediation has been successful will issue a written Passed Clearance Report to the client at the conclusion of each mold remediation project. The report will include the following:
- Description of relevant worksite observations;
- Type and location of all measurements made and samples collected at the worksite;
- All data obtained at the worksite, including temperature, humidity, and material moisture readings;
- The results of analytical evaluation of the samples collected at the worksite;
- Copies of all photographs the consultant took; and
- A clear statement that the project has passed clearance .
In addition, if a licensed Mold Remediation Contractor (MRC) was used to perform the remediation, a Certificate of Mold Damage Remediation will be issued on a form adopted by the Texas Commissioner of Insurance. The Certificate of Mold Damage Remediation is your legal documentation that your home has undergone a mold remediation and that it has been successfully remediated and cleaned. This document is especially beneficial for legal documentation to insurance and mortgage companies and should you ever decide to sell your home, gives potential buyers peace of mind that the issues were addressed and properly corrected.
- Mold remediation in the state of Texas is governed by the Texas Department of Licensing and Regulation and Mold Assessors and Remediators Occupational Code.
The Texas Department of Insurance Certificate of Mold Damage Remediation is available to a client who uses a licensed Mold Assessment Consultant to provide a written remediation protocol and post remediation clearance in conjunction with having the remediation work performed by a licensed Mold Remediation Contractor. If you sell your home within five years of the remediation work, you are required to inform the potential buyer on the disclosure section that there was mold damage. The Certificate of Mold Damage Remediation is your proof that you had it taken care of professionally. Section 1958.154 (listed below) of the Mold Assessors and Remediators Occupational Code, item (b) states: If a property owner sells the property, the property owner shall provide to the buyer a copy of each Certificate of Mold Damage Remediation issued for the property under this section during the five years preceding the date the property owner sells the property.
- What is a Certificate of Mold Damage Remediation?
A Certificate of Mold Damage Remediation is a Texas Department of Insurance specific document that provides home owners and any potential future buyers of the property with a level of assurance that the mold issue has been eliminated. The Certificate is produced by the Mold Assessment Consultant when the remediation project has been completed and has passed the clearance standards established in the Mold Remediation Protocol. Typically these expectations include ensuring that the moisture conditions have been corrected so no active moisture conditions are detected, the area is visually free of mold and other debris suggestive of mold, the remediation protocol was followed as written and that analytical samples meet the clearance requirements.
- Why care about a Certificate of Mold Remediation?
Receiving a Certificate of Mold Remediation documenting that the underlying cause of the mold was remediated provides an advantage for a property owner. This certificate prevents an insurer from making an underwriting decision on the property based on previous mold damage or a claim for mold damage. If you later sell your property, the law requires that you provide the buyer a copy of all Certificates of Mold Remediation you have received for that property. Some banks or insurance companies require a Certificate of Mold Damage Remediation after mold remediation has taken place.
The following are excerpts from the Texas Department of Licensing and Regulation Mold Assessors and Remediators Occupational Code which can be found in its entirety here: https://www.tdlr.texas.gov/mld/mldlaw.htm
1958.154 Certificate of Mold Damage Remediation; Duty of Property Owner and
1958.156 Record Requirements; Duties of Mold Remediators.
(a) Not later than ten days after completion of a mold remediation project, the licensed mold remediation contractor or company shall provide the property owner with copies of required photographs of the scene of the mold remediation taken before and after the remediation.
(b) Not later than the 10th day after the project stop date, the licensed mold remediation contractor or company shall provide a Certificate of Mold Damage Remediation to the property owner on a form adopted by the Texas Commissioner of Insurance. The Certificate of Mold Damage Remediation must include the following:
(1) a statement by a licensed mold assessment consultant (not the licensed mold remediator) that based on visual, procedural, and analytical evaluation, the mold contamination identified for the project has been remediated as outlined in the mold remediation protocol; and
(2) a statement on the certificate that the underlying cause of the mold has been remediated, if the licensed mold assessment consultant determines that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that same cause.
(c) Copies of the completed certificate shall be retained in the business files of the assessment consultant/company and the remediation contractor/company.
(d) If a property owner sells the property, the property owner shall provide to the buyer a copy of each Certificate of Mold Damage Remediation issued for the property under this section during the five years preceding the date the property owner sells the property.
1958.303 Exemption from Civil Liability for Certain Property Owners and
1958.304 Exemption from Civil Liability for Certain Governmental Entities.
(a) A property owner is not liable for damages related to mold remediation on a property if:
(1) a certificate of mold remediation has been issued under this chapter for that property; and
(2) the damages accrued on or before the date of the issuance of the certificate.
A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has been performed on the property if:
(1) a certificate of mold remediation has been issued under this chapter for the property;
(2) the property is owned or occupied by a governmental entity, including a school; and
(3) the decision was made by the owner, occupier, or any person authorized by the owner or occupier to make the decision.