SECTION 78.74. Records

(a) Record retention. Records and documents shall be retained for the time periods specified in this section.

(1) Records and documents shall be made available for inspection by the department or the department's representative or designee immediately upon request.

(2) Licensees and accredited training providers who cease to do business shall notify the department in a manner specified by the department at least 30 calendar days before such event to advise how they will maintain all records during the minimum three- or five-year retention period. The department, upon receipt of such notification and at its option, may provide instructions for how the records shall be maintained during the required retention period. A licensee or accredited person shall notify the department that it has complied with the department's instructions within 30 calendar days after their receipt or make other arrangements approved by the department.

(3) Licensees and accredited training providers may maintain the records required under this section in an electronic format unless otherwise indicated.

(4) Licensees and accredited training providers who maintain the required records in an electronic format shall provide paper copies of records or the original paper documents to the department or the department's representative or designee on request.

(b) Mold remediation companies and contractors.

(1) A licensed mold remediation company or a licensed mold remediation contractor not employed by a company shall maintain the following records and documents for three years following the stop date of each project that the company or contractor performs:

(A) the mold remediation work plan;

(B) photographs of the scene of the mold remediation taken before and after the remediation;

(C) the written contract between the mold remediation company or remediation contractor and the client, and any written contracts related to the mold remediation project between the company or contractor and any other party;

(D) all invoices issued regarding the mold remediation; and

(E) copies of all certificates of mold remediation issued by the company or contractor.

(2) A licensed mold remediation contractor or a licensed mold remediation company providing mold remediation worker training shall maintain the records required to be created, compiled, or maintained by §78.58(f)(5) and §78.60(e)(4) for five years following the provision of a training course or the issuance of a training certificate.

(c) Mold assessment companies and consultants.

(1) A licensed mold assessment company or a licensed mold assessment consultant not employed by a company shall maintain the following records and documents for the time period required under paragraph (2) for each mold assessment project that the company or consultant performs:

(A) the name and mold credential number of each of its employees who worked on the project and a description of each employee's involvement with the project;

(B) the written contract between the mold assessment company or consultant and the client;

(C) all invoices issued regarding the mold assessment;

(D) copies of all laboratory reports and sample analyses;

(E) copies of all photographs required under §78.140;

(F) copies of all mold remediation protocols and changes prepared as a result of mold assessment activities; and

(G) copies of all passed clearance reports issued by the company or consultant.

(2) For each project, a licensed mold assessment company or consultant shall maintain all the records listed in paragraph (1) until:

(A) the company or consultant issues a mold assessment report, management plan, or remediation protocol to a client, if the company or consultant performs only the initial assessment for the project; or

(B) the company or consultant issues the final status report to the client, if a final status report is issued; or

(C) the company or consultant provides the signed Certificate of Mold Damage Remediation to a mold remediation contractor or company, if a Certificate of Mold Damage Remediation is provided.

(d) Mold analysis laboratories. A licensed mold analysis laboratory shall maintain copies of the results, including the sample identification number, of all analyses performed as part of a mold assessment or mold remediation for three years from the date of the sample analysis.

(e) Training providers. Accredited training providers shall retain all records required to be created, compiled, or maintained by §§78.64, 78.66, and 78.68 for a period of five years following the most recent applicable event related to the records, including:

(1) the accreditation of the training provider;

(2) the approval of a course or instructor;

(3) the employment of a mold training manager;

(4) the termination of an instructor or mold training manager;

(5) the termination of the training provider accreditation;

(6) the provision of a training course;

(7) the issuance of a training certificate;

(8) the creation, amendment, or termination of a plan or policy.

Source Note: The provisions of this §78.74 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207