SECTION 78.30. Exceptions and Exemptions

(a) For purposes of Texas Occupations Code §1958.002(b)(1)(D), regarding the excepted emergency containment of mold contamination, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination.

(b) For purposes of Texas Occupations Code §1958.102(d) and (e), regarding certain residential property, the exemptions apply regardless of the total surface area within the subject property that is affected by mold growth. The following terms used in Texas Occupations Code §1958.102(d) shall have the meaning given:

(1) "improve" means to build, construct, or erect a new building or structure or a new portion of a building or structure that is attached to an existing building or structure; and

(2) "improvement" means a building or structure, or a portion of a building or structure, that was built, constructed, or erected as an attachment to an existing building or structure after the construction or erection of the existing building or structure.

(c) Licensees performing mold remediation in an area in which the mold contamination for the project affects a total surface area of less than 25 contiguous square feet must do so in accordance with the Act and this chapter unless otherwise indicated.

(d) A person who is performing mold remediation under the licensing exemptions of §1958.102(a) or (c) of the Act, in which the mold contamination affects a total surface area of less than 25 contiguous square feet, and who identifies additional mold such that the total mold contamination affects a total surface area of 25 contiguous square feet or more shall:

(1) immediately cease all remediation work and implement emergency containment if necessary; and

(2) advise the person requesting the remediation that the exemption under §1958.102(a) or (c) of the Act has been lost, and that any additional mold remediation and post-remediation assessment in the area must be performed by a person licensed or registered under this chapter.

(e) Employees of a licensee performing mold remediation under the supervision of a licensee must be registered as provided under §78.56.

(f) Professional exemptions.

(1) All persons engaged in mold-related activities must be licensed or registered under this chapter, except that those professionals currently licensed by the state in another field (including, but not limited to, medicine, architecture, or engineering) who provide to a licensed or registered person only consultation related to that other field, are not required to be separately licensed under this chapter. In such a case, the responsibility for the project or activity remains with the person licensed or registered under this chapter.

(2) A person is not required to be licensed or registered under this chapter if engaging only in the performance of regulated activities of a licensed insurance adjuster pursuant to Chapter 4101 of the Texas Insurance Code or in the performance of regulated activities of a licensed public insurance adjuster pursuant to Chapter 4102 of the Texas Insurance Code, including the investigation and review of losses to insured property, assignment of coverage, and estimation of the usual and customary expenses due under the applicable insurance policy, including expenses for reasonable and customary mold assessment and remediation.

(g) The review of mold remediation bids or proposals and making recommendations thereto is not mold assessment or mold remediation.

(h) The code of ethics, conflict of interest, and disclosure requirements in the Act and these rules apply to credentialed persons engaging in the activities described in this section.

Source Note: The provisions of this §78.30 adopted to be effective November 1, 2017, 42 TexReg 4619