CMA CMA Legal & Regulatory Compliance 2 — Questions and Answers
Question 1: Which document serves as the primary federal guidance for mold remediation in schools and commercial buildings?
- NIOSH Manual of Analytical Methods
- EPA's 'Mold Remediation in Schools and Commercial Buildings' (EPA 402-K-01-001) (Correct answer)
- OSHA 29 CFR 1910.134 Respiratory Protection Standard
- ASTM D7338 Standard Guide for Assessment of Fungal Growth in Buildings
Correct answer: EPA's 'Mold Remediation in Schools and Commercial Buildings' (EPA 402-K-01-001)
EPA 402-K-01-001 ('Mold Remediation in Schools and Commercial Buildings') is the primary federal guidance document for mold assessment and remediation protocols in non-residential settings.
Question 2: Which industry standard published by IICRC provides widely accepted protocols for mold remediation procedures?
- IICRC S500 (Water Damage Restoration)
- IICRC S520 (Professional Mold Remediation) (Correct answer)
- IICRC S100 (Carpet Cleaning)
- IICRC S700 (Fire and Smoke Restoration)
Correct answer: IICRC S520 (Professional Mold Remediation)
IICRC S520 is the industry consensus standard for professional mold remediation, covering assessment, containment, removal, and clearance procedures.
Question 3: In Florida, mold assessors are regulated under which state agency and statute?
- Florida Department of Environmental Protection under Chapter 403
- Florida Department of Business and Professional Regulation (DBPR) under Chapter 468 (Correct answer)
- Florida Department of Health under Chapter 381
- Florida Building Commission under Chapter 553
Correct answer: Florida Department of Business and Professional Regulation (DBPR) under Chapter 468
Florida mold assessors and remediators are licensed by the DBPR under Part XVI of Chapter 468, Florida Statutes (the Mold-Related Services Act).
Question 4: What is the minimum liability insurance requirement typically mandated for licensed mold assessors under state licensing laws?
- No insurance is required for assessors
- General liability and errors & omissions (E&O) insurance (Correct answer)
- Workers' compensation insurance only
- Surety bond of at least $50,000
Correct answer: General liability and errors & omissions (E&O) insurance
Most state mold licensing programs require assessors to carry both general liability insurance (for property damage) and errors & omissions insurance (for professional mistakes).
Question 5: Under OSHA's respiratory protection standard (29 CFR 1910.134), when is a written respiratory protection program required for mold remediation workers?
- Only when workers are using supplied-air respirators
- Whenever respirators are required or permitted to be used in the workplace (Correct answer)
- Only for projects exceeding 100 square feet of mold
- Only in states with OSHA-approved state plans
Correct answer: Whenever respirators are required or permitted to be used in the workplace
OSHA 1910.134 requires a written respiratory protection program administered by a trained program administrator whenever respirators are used — whether required or voluntarily used.
Question 6: Which legal doctrine makes landlords potentially liable for tenant health damages caused by failure to remediate mold in rental properties?
- Implied warranty of habitability (Correct answer)
- Caveat emptor (buyer beware)
- Doctrine of attractive nuisance
- Res ipsa loquitur
Correct answer: Implied warranty of habitability
The implied warranty of habitability, recognized in most U.S. states, requires landlords to maintain rental properties in livable condition, which courts have extended to include mold remediation.
CMA CMA Legal & Regulatory Compliance 2
Which document serves as the primary federal guidance for mold remediation in schools and commercial buildings?