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A total of 15 states had or have mold guidance require mold licensing or regulate mold businesses in some way. Of this list of 15, two have repealed the laws and one of them reintroduced a law requiring licensing in 2024. New Jersey is part of the 15, as they passed regulations for the Department of Community Affairs to establish regulations for mold businesses, DCA manages New Jersey's lead inspection laws which are some of the most stringent in the nation.

Arkansas, Florida, Kentucky, Louisiana, Maine, New Hampshire, New York, Oklahoma, Texas, Virginia & Washington D.C, either require licensing for aspects of mold inspection/remediation or set standards or guidance these parties must follow when involved with mold.

In the absence of Federal regulations on mold, including standards of practice, Permissible Exposure Limits (PEL), air quality standards, licensing, or procedures for testing, evaluation, and remediation, individual states have established their guidelines or have chosen to have none. There is a great disparity between the states that do have regulations when you compare them against each other.

Even OSHA, which is designed to ensure the safety of works, has no mold standards. OSHA’s “general duty” clause requires employers to provide a workplace that is free of identified hazards. For the general duty clause to be breached, a clearly defined hazard and subsequent exposure must be identified. Because of the inability to set exposure limits/standards, OSHA does not consider the presence of mold as an identified hazard. Wow, the World Health Organization and CDC all consider mold to be an indoor air pollutant, but since the Federal government has no reference standard for mold, OSH says mold is not a hazard.

Here is a quick summary of mold regulations in the various states:

Arkansas

On April 10, 2009, the Governor of the State of Arkansas signed into law Public Act No. 1467, to License Mold Investigators; To Establish Standards for Mold Investigations; To Establish Qualifications For Mold Investigators; and For Other Purposes. This act was repealed in 2011.

On    February 23,   2011, the Arkansas General Assembly enacted Act 341, An Act to Create the Mold
Investigation Advisory Board; To Study Laws and Rules Regarding Mold Inspections and Remediation; and  For Other Purposes.   As part of the mandate of this Act, the Mold Investigation Advisory Board has chosen to publish guidelines establishing mold abatement protocols that include acceptable methods for the performance of Mold Investigation and Remediation within the State of Arkansas. These guidelines are not regulations. The intent of the Arkansas Guidelines for Mold Abatement Contractors is to fulfill, in part, the legislative mandate set forth in Act 341.  Now an attorney will read that there are standards of proactive mold companies should follow, if they do not the words negligence, improper, substandard, and lawsuit can be expected to be heard.

California

As of January 1, 2016, mold is a condition that makes a home substandard in California. The owner of a rental property cited as substandard by a local (city or county) code inspector is required to repair the substandard condition. Below are the parts of the California Health & Safety Code that refer to dampness and mold. In ENGLISH California Adds visible mold growth to conditions defining substandard housing in the state’s Health and Safety Code. California laws include a written disclosure law for mold. Because of this, California landlords are required, by law, to provide tenants with written disclosures when a landlord is aware of present mold in the rental unit. Written disclosures are documents that are signed by both landlords and tenants.

Florida

Provides that Florida’s Department of Business and Professional Regulation (DBPR) administers the mold-related services licensing program. DBPR chose the American Council for Accredited Certification (ACAC) to provide the license examinations required.

Illinois

In 2003, the Illinois General Assembly adopted House Joint Resolution 12, which established the Joint Task Force on Mold in Indoor Environments. This task force examined the mold issue in Illinois and made recommendations to the General Assembly about the regulation of mold in indoor environments in Illinois. In 2007, the Mold Remediation Registration Act was passed into law. This law requires that IDPH annually report to the General Assembly any federal research and regulations related to mold cleanup and standards for mold remediation training.

Kentucky

Kentucky Department of Law to establish minimum standards for mold remediation companies based on the general mold remediation principles set forth by the Institute of Inspection, Cleaning and Restoration Certification (IICRC).

Louisiana

The State Licensing Board for Contractors licenses a mold remediation specialist (specialist). The specialist has training in both mold assessment and mold remediation and receives instruction on Louisiana’s “Unfair Trade Practices and Consumer Protection Law”.

Maine

Maine prohibits a person or company from providing both mold assessment and remediation services on a project unless the building owner has signed a disclosure statement regarding the potential conflict of interest.

Maryland

Maryland passed the Mold Remediation Services Act in 2008. The Maryland Mold Remediation Services Act was a law that required companies and contractors to be licensed by the Maryland Home Improvement Commission to perform mold remediation work on residential properties.

Due to budget constraints, the law implementation was postponed indefinitely. The law was terminated on July 1, 2019.

 New Hampshire

Requires American Council for Accredited Certification (ACAC) certification for mold assessors.

New Jersey

Established standards for the licensing of consultants who conduct Indoor Environmental Health Assessments (IEHAs) in childcare centers and educational facilities. Legislative session 2022 – 2023 requires DCA (Department of Community Affairs) to establish procedures for inspection and abatement of mold hazards in residential buildings and school facilities, and certification programs for mold inspectors and mold hazard abatement workers.   So, regulations in NJ are on the horizon.

New York

A leader in mold regulations, which started in 1993, and updated in 2008, with their Assessment and Remediation of Fungi in Indoor Environments. This guideline has been referenced extensively and was the initial standard. Current regulations require licensing for mold inspectors and remediators. . Eligibility for the state license includes completion of a U.S. Department of Labor approved coursework.

Oklahoma

Any person or entity inspecting houses for mold shall not also render services for removing the mold unless the total cost of the inspection and removal is $200 or less. It appears unusual, but makes sense if you trying to ensure consumers do not overpay or hire firms with a conflict of interest for mold services.

Texas

Prohibits a person from engaging in mold assessment or remediation, unless that person holds a license from the state. The law prohibits license holders from performing both mold assessment and mold remediation on the same project. It establishes certain minimum work practices and recordkeeping requirements for licensed mold assessors and remediators. Excluding licensing for labs that test mold samples, there are 7 separate licenses for companies and individuals dealing with mold.

Virginia

Mold licensing law was passed in April 2012, but repealed in July 2012. A new law went into effect in July 2024 requires contractors who do mold remediation on homes in Virginia to have certification from the Institute of Inspection, Cleaning, and Restoration Certification. Although, the Virginia Department of Health (VDH) does not assess the credentials of, or make recommendations regarding, specific mold specialists

Washington D.C.

Requires you to obtain a license from the DC Department of the Environment. In addition to education and experience requirements, applicants must pass an approved examination administered by the American Council for Accredited Certification (ACAC).

Rental property mold regulations

More States have regulations regarding mold in rental properties or requiring mold disclosures when selling real estate as opposed to laws that regulate testing and remediation of mold.

Although not explicitly stated in Maryland or federal law, landlords are required to provide mold-free environments for their residents.

2012 Regular Session: Proposed Senate Bill 70 Environment –Mold Inspections–Standards, Reporting, and Penalties for rental properties.

Sellers of real estate Under Maryland law, you’re required to disclose any known mold issues, including past water damage, on the Residential Property Disclosure and Disclaimer Statement. Md. Code § 10-702

1. You must disclose known defects, including mold issues, that materially affect the property’s value or desirability under Md. Code § 10-702.
2. You’ll need to document all known mold issues and remediation efforts to foster trust with potential buyers and protect yourself from future liability.
3. Selling ‘as-is’ with a disclaimer doesn’t relieve you of the obligation to inform buyers of known latent defects, including mold issues.

States that require mold disclosure:

Nationwide, we see regulations in place to protect renters of residential real estate. For example this unnamed state has the following: A residential property owner who receives written or electronic notice from a tenant that indoor mold or suspected indoor mold exists in the dwelling unit or in a common area of the property shall inspect the property within 7 days and remediate the condition in accordance with subsections (b) and (c) of this section within 30 days of the inspection unless a shorter timeframe is ordered by a court or the Mayor.

Disclosure of prior mold, remediation, or water damage is fast becoming a de facto standard in residential sales contracts. In short States that have Disclosure Statements and particularly the ones that require that a disclosure be completed, mold is topic that is required to be disclosed.

New Jersey, for example, has N.J.S.A. 56:8-19.1 requires that if a filled-in property condition disclosure statement indicates the seller’s awareness of water leakage, accumulation or dampness, the presence of mold or other similar natural substance, or repairs or other attempts to control any water or dampness problem on the real property, the involved real estate broker, broker-salesperson, or salesperson is required to provide the buyer with a physical copy of the Department of Health’s "Mold Guidelines for New Jersey Residents" pamphlet. 

New Jersey consumer fraud law bans the "concealment, suppression, or omission of any material fact with the intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any … real estate." N.J.S.A. 56:8-2.  If the property has paperwork relating to mold inspection of remediation it is to be disclosed to buyers.

Marijuana and Mold

Since legal cannabis is happening in more and more states, the individual states has set mold standards on mold. Yes, there is a weed mold standard. Most states set the limit on yeast and mold content in cannabis at 10,000 “colony forming units” of yeast and mold per gram, a measure of cells that could form harmful growths. They test either DNA or culture to see if mold will grow.

The Future of Mold Regulations - 

Expect states to have standards of habitability for rental properties regarding mold.

States will require mold disclosure, and prior water damage when selling a home.

To protect consumers, states will pass regulations or guidance for standards of work practices regarding mold testing and remediation.

We recently had a property that was being sold By Owner and in an Estate.    The sellers inspection observed suspect mold, well the seller said it was dirt.

The buyer, being prudent, wanted the area tested and 100% mold was present. The buyer upon finding mold, needed a professional assessment of the mold to find the cause and develop the cost for remediation. The seller did not want to do anything regarding the mold and the deal fell through.

New Jersey has new mold disclosure requirements that place the responsibility of the owner (seller) to disclose if mold is present and to reference it on the required home disclosure statement.  The law unfortunately requires the owner to be ethical and diligent in knowing if mold is present.   Finding mold typically occurs when a buyer does their due diligence and finds mold.   In a usual real estate transaction, finding mold becomes somewhat of public knowledge, as the parties in the transaction, owner, buyer, their realtors, their attorneys, and their inspectors will all know about the mold. This doesn’t even take into account other real estate professionals in the respective real estate office who will inquiring regarding how the transaction is going.   Mold can be a deal killer, from the viewpoint of either side (buyer or seller). The deal killer aspect is concern that the home is uninhabitable (99.99% of the time the mold is 100% fixable making this concern mute).   The seller not wanting to address the mold, well which can be a deal killer but also triggers the responsibility of the seller to update their disclosure statement to future buyers.    The rub is many sellers do not want to disclose that mold is present, and the most common parties are properties that are For Sale by Owner and homes that are in an Estate.   These transaction have the seller believing they do not have to comply with disclosure requires or unaware of successful lawsuits against sellers for not disclosing conditions that can make the home uninhabitable such as mold.

What is the takeaway from mold in real estate transactions?  

Include a professional mold inspection as part of your due diligence. Let the seller side know you are performing a mold inspection. If the seller refuses to allow the inspection, the home is likely not for you.

Being a consumer, I am wary of being sold a bill of goods. You know the situation when a product is new and improved, something is on sale or was it an actual sale - you know when pricing ends in .99.   even extended car warranties.

Old rusty petroleum storage tanks are their liability. Some wine can get better with age, but buried metal oil tanks rust, and whatever is stored in the tank will slowly leak out undetected. When it comes to petroleum compounds these leaks trigger environmental regulations, which means environmental cleanup which small cleanups can exceed $10,000.

We see some very "salesy" companies promising a fixed cost for oil tank removal and a fixed cost to remediate. I point towards "salesy" because these companies want to sell you, for you to become a customer. They also know that rust never sleeps, every tank removal can be a leaky tank removal, and remediation of a leak is more profitable than a tank removal.   It’s a simple tank sales approach, get a one-time customer, who will never need the service again.

I can factually tell you that oil tank removal costs vary on tank size and site conditions.   Sorry, large oil tanks cost more because you need more dirt to backfill. More liquid in an oil tank adds cost, the oil is worthless, and everyone gets charged to recycle it, it’s not black gold. You have to dig up concrete or asphalt, well that gets recycled, and the recycling facilities charge.  

Don’t even ask me about soil testing, which is several hundred dollars per oil tank. Small oil tanks get 2 samples larger oil tanks 3 and oil tanks that leak get 5 or 6. Soil sampling has to be completed by a college degreed project manager that has an NJDEP Subsurface Evaluators license, yep there is an actual license to collect soil samples.   Soil sampling is mission critical because when you find oil, you do the testing to ensure oil levels are within permissible limits. Testing avoids remediation, just like cholesterol you can have allowable limits of oil.   But be aware taking samples and having a licensed project manager adds money to the project. Companies follow a simple tank approach and don’t include these services to find leaking tanks.

Our clients love us because we detail all the various outcomes and potential pitfalls, so they know what they are getting into when they have oil tank removal and remediation projects.   We find trolls that look to Curren to copy, like this company below they regularly visit the web site, late at night and early in the morning. 

Why keep visiting the website of a company that offers similar services?  Not sure unless perhaps you are having problems finding one-time customers who feel burned by choosing you in the first place.

It is not illegal to sell a contaminated property, but it sure can be difficult.   The primary difficulty is contamination which devalues real estate and who is responsible for the cleanup. 

Determining a cost to clean up the property has to be part of the valuation of the property for purchase. Let's say for argument's sake you have a $1,000,000 property, with $200,000 in anticipated cleanup costs.   I will not bother dealing with what you pay for this property, but it is common that not only the $200,000 is deducted from the sale price but an additional amount is deducted for the headache and management of this future cleanup if cleanup is transferred to the new owner.   In this scenario, buyers take the risk that the $200,000 is fixed, which is not always the case as costs rise and regulations charge (becoming more stringent)., which also increases cost.

That is a very simple scenario of selling or buying a contaminated property. Unfortunately, environmental regulations add another layer of complexity.   If you own a contaminated property, you are the Responsible Party (RP) and Person Responsible for Conducting Remediation (PRCR). 

Clearly, you should discuss this type of sale with your attorney, with the major consideration being Who is Responsible for the cleanup and how is that responsibility maintained?  For this example, we will assume that the buyer will be taking the role of PRCR as defined below.

A Responsible Party is a party that has an affirmative obligation to remediate, as defined by the Brownfield and Contaminated Sites Act, N.J.S.A. 58:10B-1.3, as stated below:

“An owner or operator of an industrial establishment subject to the provisions of P.L.1983, c.330 (C.13:1K-6 et al.), the discharger of a hazardous substance or a person in any way responsible for a hazardous substance pursuant to the provisions of subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g), or the owner or operator of an underground storage tank regulated pursuant to the provisions of P.L.1986, c.102 (C.58:10A-21 et seq.), that has discharged a hazardous substance, shall remediate the discharge of a hazardous substance.”

A Person Responsible for Conducting the Remediation includes all parties who are conducting remediation, regardless of their status as a Responsible Party. A Person Responsible for Conducting the Remediation is defined by SRRA, N.J.S.A. 58:10C-2, as stated below:

"Person responsible for conducting the remediation" means (1) any person who executes or is otherwise subject to an oversight document to remediate a contaminated site, (2) the owner or operator of an industrial establishment subject toP.L.1983, c.330 (C.13:1K-6 et al.), for the remediation of a discharge, (3) the owner or operator of an underground storage tank subject to P.L.1986, c.102 (C.58:10A-21et seq.), for the remediation of a discharge, (4) any other person who discharges a hazardous substance or is in any way responsible for a hazardous substance, pursuant to section 8 of P.L.1976, c.141 (C.58:10-23.11g), that was discharged at a contaminated site, or (5) any other person who is remediating a site.”

The seller is and always will be the Responsible Party for the site and until real estate is transferred they are also the PRCR.  The new buyer can assume the mantle of PRCR and continue the remediation of the site.  If the buyer assumes the PRCR and then fails to meet their obligations and the DEP gets no response from them, the seller (former owner) will be contacted by the DEP as the original RP to continue with the remediation. 

In English, the seller holds responsibility for life. If the buyer fails to clean up the site, the seller will be on the hook.   Attorneys can protect a seller with language in the agreement of sale transferring RP/PRCR roles.

There is a form that is submitted to DEP adding the new property owner as the PRCR if that is the agreement.   The legal wording must have a foundation of what the new buyers and sellers’ responsibilities will be regarding the future environmental work at the site.

An alternative to transferring the responsibility of the cleanup is for the seller to maintain responsibility and positive control of the cleanup after the sale.  Defining cleanup is also very important.  For example, many contaminated sites never get 100% cleaned up by removing or remediating the contamination, rather the contamination is permitted in place. Clean is not clean, but rather legal contamination. If your agreement of sale sells you will promise a clean site, define clean.

It sounds complex and confusing.   There can be many variables involved, call a professional.

888-301-1050

New Jersey Lead Safe Law amendments

were signed by the governor on September 12, 2024.

Some key points of changes to the NJ Lead Safe Law regarding lead inspections are as follows:

Lead inspections were always interior and tenant-accessible areas in the main structure. The amendment now says detached garages are part of the lead inspection, whereas previously they were not.

Common areas are part of the lead inspection and include, but not be limited to hallways, stairs, foyers, basements, laundry rooms, and the interior of attached or detached garages, if the areas are generally accessible to residential tenants, and the areas are not located within the interior of an individual dwelling unit. So again, a detached garage gets a lead inspection, if the tenant has access.

The law was enacted on July 22, 2022, and you had 2 years to complete the lead inspection or at tenant turnover. The amendment gives you three years from July 22, 2022, or until July 22, 2025.   

Now July 22, 2025, is the latest you can put off a lead inspection, but if a tenant vacates before that date, you must complete the lead inspection.

A municipality shall cause the lead inspection of rental dwelling units and in a building consisting of two or three dwelling units, common areas for lead-based paint hazards at tenant turnover or within three years of the effective date of P.L.2021, c.182 17 (C.52:27D-437.16 et al.), whichever is earlier.

Lead safe certificates are now good for 3 years. As of September 2024, we are awaiting new forms that state the certificates are good for 3 years.  

Once you get a lead-safe certificate, the landlord must provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover unless by affixing a copy of the lead-safe certification to the tenant's or tenants' lease. Additional landlord obligations require the landlord to maintain a record of the lead-safe certification and include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.

Does the existing tenant get a copy of the lead safe certification?

The law does not say landlords must supply the certificate to existing tenants. New tenants must get a copy. The landlord has to give a copy to the municipality and the existing tenant could get a copy from said municipality.   It appears that when the law was written it was thought that there would be a lot of tenant turnover so there would frequently be “new” tenants.  

If a multi-unit building fails the lead inspection?

If a lead hazard is identified in a lead inspection of one of the dwelling units in a building consisting of two- or three-dwelling units, then the lead evaluation contractor or permanent local agency shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be lead-safe.

Why as a landlord you do not want to fail.

An amendment to the law requires that the municipality deliver to the Department of Community Affairs a list identifying each dwelling unit inspected that was determined to contain a lead-based paint hazard. The DCA in turn must submit an annual report to the Legislature indicating the number of inspected dwelling units identified to have lead-based paint hazards. The report shall list the number of inspected dwellings and dwelling units identified to have lead-based paint hazards within each county.  This is a list landlords do not want to be on.

If you have questions regarding New Jersey's Lead Safe law. If you want to know what it takes to pass the lead safe inspection call the experts, Curren Environmental. 

888-301-1050

This is a common request we get from tenants. We have worked for tenants, landlords, and Homeowner Associations (HOAs).  In all cases, the following advice is the best course to address suspect or known mold issues.

First, if you suspect a mold issue in a property you do not own, it is best to contact the owner/landlord, as it is their responsibility to evaluate complaints. Since mold is water-related, unaddressed mold issues that are ignored will continue to cause damage to the property. Stopping the water source that drives mold growth is something any property owner would want to address.

If you rent a property with an HOA, contacting the HOA is prudent. Uniform buildings such as developments with an HOA will have buildings of similar age and construction. Since everything ages and has a life expectancy, it is possible that if your unit has a mold issue, the other units have the same issue.   If you have a water leak from the roof, rest assured other roofs in the complex have the same leak. 

Now there are absentee landlords, that may ignore your complaints.   In these cases, you go to step 2.

Your second approach would be contacting the local board of health and/or the municipality as landlords have to keep properties habitable. It is possible these agencies can evaluate your concern and have the landlord address it.

Your final option is to hire a professional to perform a Mold Inspection with testing.   I saved this option for last because you are spending money on professional evaluation. Budget $300 to $500 to $900 to have your mold problem professionally evaluated with testing.   Why such a wide range of costs?   Because mold problems are unique contingent on the mold issue and concern will dictate what is technique used for evaluation and how much testing should be performed.   There are some considerations before taking this step, will confirmation of mold by a professional be enough to get the owner to address your concern?   Do not spend money if you do not think you will get the result you desire. It is always safe to let the owner know you are hiring a professional as that may cause to owner to address your concern.

Lastly, be prepared that you may not have a mold problem.   Curren has completed thousands of mold inspections, and a good portion of mold inspections entail people thinking there is a mold situation affecting their health and this includes renters, owners, and workers in commercial buildings, and there is no mold issue.   If you are having health problems and mold is not a problem, you have other health issues that require professional medical evaluation.

What should you not do if you think you have a mold problem?

One, do not do any testing yourself, you are not qualified and will not understand what the test results mean.  It is a waste of money.

Two, do not declare you have black mold, as it is a fictitious mold, it does not exist, and no mold is named black mold.

Lastly do not claim to be a medical or mold expert, you are someone who may have a mold problem that you want evaluated and if present addressed.  It is our experience the vast majority of landlords want tenant issues addressed, so be calm and understanding.

Oil tank sweeps are not required by law but are 100% prudent when buying a home built before 2000.  Oil tanks are a Recognized Environmental Condition (REC) and the liability or responsibility of cleaning up a tank leak occurs to the property owner.    An oil tank sweep is the best way to locate buried oil tanks.  Leaking oil tanks (Rust Never Sleeps) and improperly abandoned underground oil tanks are a financial liability and hazard.

Consider that a small oil tank leak can cost $10,000 and some soil remediations can exceed $100,000, oil tanks are a huge liability.

The soil remediation to the left cost $45,000, which included engineering and structural support of the building, restoration of concrete and stairs, and HVAC relocation. 

The oil tank was found buried and hidden under the stairs before purchase.  The buyer dodged a bullet on this one

An oil tank sweep is meant to protect a buyer from purchasing a property with an undisclosed oil tank that can leak and cost tens of thousands of dollars to remediate.   Now the hard part is getting a quality oil tank sweep.

The term oil tank sweep is like saying "I'll have a steak", there is a broad range of types & quality.     While price does not always denote quality, "You get what you pay for" rings true regarding oil tank sweep.

Oil tanks were installed in no standard fashion, size, or location on a property because they were installed by fuel oil dealers, plumbers, builders, and excavation contractors.    Over 30 years of removing oil tanks has allowed Curren Environmental to see this firsthand.   When you do an oil tank sweep you want the company to have years of experience removing oil tanks, and be currently licensed to remove oil tanks, because when you find an oil tank, people want a cost to remove it.

There is no licensing for individuals who perform oil tank sweeps and like hobbyist's treasurer hunters, most people incorrectly rely on a $1,000 metal detector to sweep for an oil tank.     You will find this approach when you get a cost under $300 for an oil tank sweep.   Metal detectors will pick up all metal and cannot differentiate between an oil tank and geology or surface metal like a fence of buried pipes.   

The below snip is from a metal detector scan,  this is the whole report, one page.  I have no idea how the house is heated, oil or gas, or if any evidence of an old buried tank was found inside the house because they do not reference if they went inside the house.

The photo to the left is the house where this oil tank sweep was completed.  The photo shows their metal detector on top of where they believe a tank is located, in the rear of the house.

This photo shows the view of the front of the house.  In the photo, two pipes are protruding from the side of the house.  These are pipes for a basement oil tank, although the one-page report doesn't state that the home is on oil heat but does state "No vent pipes, fill pipes or fuel distribution lines were found during the inspection."  A qualified company would note the basement oil tank which based on the age of the home increases the probability of a 2nd tank, which could be the metal object they found.  But follow me here the oil tank is in the rear of the house, and the existing tank is in front of the house.  That is weird because the oil tank wants to be near the heater and the more likely location for a buried oil tank would be near the basement oil tank but obviously on the outside of the house.  Turns out there was no buried tank just metallic soil.

The takeaway here is Ground Penetrating Radar (GPR) was not used to scan for an oil tank.  GPR is a commercial application, meaning it is used for commercial and more complex sites.   GPR provides a visual image of what is in the ground, cost is more in the $400, range but you get tens of thousands of dollars of sophisticated equipment that allows you to professionally scan a property.

Being licensed to remove oil tanks also helps.  It gives hands-on training to the technicians who scan for oil tanks.  Meaning after you find an undisclosed oil tank you can be involved with the removal of the oil tank so you verify what you found. 

New Jersey Lead Safe Law will be 2 years old in July of 2024.   The law is attempting to eliminate lead paint hazards inside rental properties in New Jersey.  Landlords are confused regarding what constitutes a Lead Hazard?  

the general definition of a Leda Hazard is as follows:  Lead-Based Paint Hazards: Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.

New Jersey's lead safe law is interior inspection only so, a lead hazard outside is not covered by the inspection, although technically if you have deteriorated exterior lead paint, that is a hazard, but I digress.    The lead hazard under the law is interior hazards.         

Your lead inspector who Likely is not an environmental consultant, saw damaged paint and flagged a lead hazard.    The photo to the left is deteriorated paint.

Deteriorated Paint means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.

Older properties have a near 100% chance of having some layer of lead paint, but realistically speaking that lead is covered by multiple coats of non-lead paint, since lead paint was banned in 1978.  

Lead-based paint is usually not a hazard if it is in good condition, and the paint is not on an impact or friction surface, such as a window. Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs attention. Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can reside on surfaces and objects that people touch.

New Jersey Lead Law assumes that for a visual inspection, any deteriorated paint going to be automatically assumed to be leaded paint and is a hazard and must be addressed.

Interim controls are a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards.

Lead Questions?     Call the Experts

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If lead-based paint hazards are found during an inspection, the owner of the dwelling unit must remediate the lead-based paint hazard by using lead-based paint hazard control methods such as interim controls,  or abatement. Colloquially, remediation is often used synonymously with interim controls and does not include abatement; however, in the context of P.L.2021, c.182, encompasses both interim controls and abatement.

The general definition of a Lead Paint Hazard as per HUD is:

 Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.

The NJ Lead Safe Law P.L.2021, c.182, assumes all interior paint is lead paint, so deteriorated paint triggers a lead paint hazard.  The law allows an out for owners:

If deteriorated paint is found during the course of a visual assessment, the owner of a dwelling may elect to order a dust wipe inspection to confirm the presence of lead-based paint.  The wipe samples in this situation included window sill sampling as well as the floor below the deteriorated paint, both samples confirmed lead dust and exceeded applicable standards.

This law does not require or reference XRF to be included with a lead inspection, although use of an XRF could 100% confirm if the paint contains lead.    Owners can elect to have a limited XRF testing performed of the deteriorated paint, to show that the paint is indeed NOT LEAD-containing.   Since the lead law allows municipalities to have some flexibility in enforcing the lead law this approach would be contingent on the municipality accepting the argument get a lead-free cert based on XRF and be exempt so if an owner is willing to pay for XRF, it can be used.  The above photo shows a painted floor, which clearly is a new paint or coating and would not be expected to contain lead, testing of the paint can provide support that a lead hazard is not present. 

Environmental regulations are confusing, Curren Environmental has over 26 years helping clients navigate the regulatory landscape.  Call the lead experts:

856-858-9509

Mold is a byproduct of water or moisture.  Fixing the source is step one in remediating mold.  

Mold Remediation is a multi-step process that includes the removal of the mold from impacted surfaces (Hepa Vac), the application of a post-cleaning fungicide, and lastly application of a fungistatic coating on organic surfaces.  

The fungistatic coating is typically white or clear and applied to organic wood surfaces to allow the treated surface to resist mold growth.  The coating can also stop the wood from absorbing moisture, which is what allows mold to start to grow.

This is all performed in a manner to try and contain the mold spores, so they are not spread to other rooms in the building.  You must also be diligent in looking for additional sources of water/moisture that fueled the mold growth.   Commonly, there are more than one cause of the mold growth.

Since only 11 states have mold regulations, the work performed in all other states is questionable as you have no specified quality of service.   Meaning what should be performed to remediate mold is not always completed.  If the white coating is not a mold-resistant coating i.e., paint, mold would be expected to grow as paint contains organic material that can foster mold growth. Mold-resistant coating (fungistatic) costs significantly more than paint, and many people will use paint to save money.  

Mold Remediation Failures

If the company performing mold remediation is unlicensed, which most are and they do not follow industry protocols, expect corners to be cut and your mold remediation to be a failure.   Mold remediation failures come from a lack of clear objectives and protocols that the company should utilize to remediate the mold.

The photo below shows areas that were missed when applying a mold-resistant coating which allowed mold to grow.

 While a remediated space does not necessarily have to appear like a freshly painted room, the area should visually indicate that treated surfaces are coated or covered. As the name implies “fungistatic coating” must coat all organic surfaces to be effective. The better coatings come with a 10-year warranty to prevent mold growth.

Expert Mold Advice

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