Florida Department of Business and Professional Regulation Holds Public Hearing On Mold Remediator, Home Inspector Regulations
Oct 1, 2009
On September 29, 2009, the Florida Department of Business and Professional Regulation (“DBPR”) held the first in a series of public meetings designed to solicit feedback from interested parties and industry stakeholders on the licensing and regulation of individuals offering mold-related services and home inspections. Public input from these meetings will be considered during rulemaking, which will establish education, examination and experience requirements.
The hearing was led by DBPR Division of Professions Construction Industry Licensing Board Executive Director G.W. Harrell and Division of Professions Home Inspector Interim Executive Director Bruce Grant and focused mainly on “grandfather” issues, requirements for criminal history background checks and licensure examinations.
Under Senate Bill 2234, which became law in 2007, the DBPR is required to adopt regulations by the bill’s effective date of July 1, 2010. Because new governing Boards were not established by the new law, the DBPR will regulate both mold remediation and home inspection professionals.
A primary concern raised by many who testified was whether current mold remediators and home inspectors would be required to comply with all rules or whether they would be “grandfathered” in under some of the rules and be exempt from compliance.
The DBPR states on Web pages created for each industry that, according to Florida law, persons who perform home inspections, mold assessments or mold remediation “may qualify to be licensed by the department…if the person meets the licensure requirements of this part by July 1, 2010.” The DBPR further provides that the law does not appear to clearly distinguish between licensure requirements of experienced inspectors as compared to new inspectors.
Industry professionals agree that licensure standards should be structured to grandfather or exempt certain experienced inspectors. These standards could include years of experience, number of homes serviced, or a combination of both.
Discussion took place regarding the ethics of home inspectors who “upsell” home repairs, but are not licensed contractors, and the same practices used by licensed contractors who perform home inspections.
An apprentice program was suggested for those who want to become home inspectors or mold services providers. The merits of standard licensing prerequisites such as background checks, focused health education and mold decontamination training were discussed.
Because no regulations implementing HB 2234 have been finalized and only eight months remain until the law becomes effective, extending the effective date of HB 2234 to 2011 was suggested. A lack of funding to implement the bill also was discussed.
The next public hearings on this issue are:
- October 1 – Jacksonville
- October 13 – Orlando
- October 14 – Ft. Lauderdale
Should you have any questions or comments, please contact Colodny Fass.
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