POST REMEDIATION VERIFICATION
POST REMEDIATION VERIFICATION
Post Remediation Verification, sometimes referred to as a “clearance inspection”, is conducted after the removal and cleanup of the mold has been completed, 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 work area 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:
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.
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.