D.C. Mun. Regs. tit. 20, r. 20-3299

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 20-3299 - DEFINITIONS

3299.1

When used in this chapter or Title III of the Air Quality Amendment Act of 2014, the following words and phrases shall have the meaning as described:

Affected - in close proximity, likely impacted from the same source of water intrusion or moisture accumulation.

Certified industrial hygienist - an industrial hygienist who is certified by the American Board of Industrial Hygiene.

Certified safety professional - any individual who has been certified by the American Society of Engineers, American Board of Industrial Hygiene, or other nationally recognized health and safety industry organization, as determined by the Department.

Conflict of interest - because of other past, present, or future planned activities or relationships, the licensee is unable, or potentially unable, to render impartial services to the client.

Containment - a component or enclosure designed or intended to prevent the release of mold or mold-containing dust or materials into surrounding areas in the building during mold-related activities.

Containment area - an area that has been enclosed to prevent the release of mold or mold-containing dust or materials into surrounding areas.

Department - The Department of Energy and Environment or its successor agency.

Dwelling Unit - a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "dwelling unit" does not include any room or group of rooms in a transient housing business or a dormitory.

Emergency - a situation in which water damage has occurred and a delay in mold remediation would allow indoor mold growth to increase.

Final Status Report - a document issued by an indoor mold assessment professional that includes:

(a) A description of relevant worksite observations;

(b) The type and location of relevant measurements made and samples collected at the worksite;

(c) Relevant data obtained at the worksite, such as temperature, humidity, and material moisture readings;

(d) The results of analytical evaluation of the samples collected at the worksite;

(e) Copies of relevant photographs; and

(f) Any conclusions that the indoor mold assessment professional has drawn.

Indoor mold assessment professional - an individual who conducts mold assessment as defined in this section and who is licensed under this chapter as an indoor mold assessment professional.

Indoor mold growth - mold that exists on an interior surface of a building, including common spaces, utility spaces, HVAC, or other systems, and is visible.

Indoor mold remediation professional - an individual who conducts mold remediation as defined in this section and who is licensed under this chapter as an indoor mold remediation professional.

License - any license issued by the Department under this chapter.

Licensee - an individual licensed under this chapter to perform mold assessment or remediation.

Mold - living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins.

Mold analysis - the examination of a sample collected during a mold assessment for the purpose of:

(a) Determining the amount or presence of or identifying the genus or species of any living or dead mold or related parts (including spores and hyphae) present in the sample;

(b) Growing or attempting to grow fungi for the purposes of paragraph (a); or

(c) Identifying or determining the amount or presence of any fungal products, including but not limited to mycotoxins and microbial volatile organic compounds, present in the sample.

Mold assessment - an inspection, investigation, or survey, including by visual observation or other means, of a dwelling unit or other structure regarding the presence, identification, or evaluation of mold that may include one or more of the following:

(a) The development of a mold assessment report;

(b) The development of a mold remediation protocol;

(c) The development of a mold management plan; and

(d) The collection or analysis of a mold sample(s).

Mold assessment report - a document prepared by an indoor mold assessment professional for a client that describes any observations made, measurements taken, and locations and analytical results of samples taken during a mold assessment. An assessment report can be either a stand-alone document or a part of a mold management plan or mold remediation protocol.

Mold management plan - a document prepared by an indoor mold assessment professional for a client that provides guidance on how to prevent and control indoor mold growth at a location.

Mold professional - indoor mold assessment and indoor mold remediation professionals.

Mold-related activities - the performance of a mold assessment, mold remediation, or related activities.

Mold remediation - the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter.

Mold remediation protocol - a document, prepared by an indoor mold assessment professional for a client, that:

(a) Includes relevant photograph(s) of the scene of mold remediation prior to remediation;

(b) Specifies the estimated quantities and locations of materials to be remediated; and

(c) Specifies the proposed remediation methods and verification criteria for each type of remediation in each type of area for a mold remediation project.

Mold remediation work plan - a document, prepared by an indoor mold remediation professional that fulfills all of the requirements of the mold remediation protocol and provides specific instructions or standard operating procedures for how a mold remediation project shall be performed.

Person - an individual, corporation, company, contractor, subcontractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, District government entity, or any other association of individuals.

Personal Protective Equipment - items worn on an individual that limit their exposure to mold, including but not limited to gloves, goggles, respirators, and body suits.

Preventive activities - actions intended to prevent future indoor mold growth at a remediated area, including repairing leaks and other sources of water intrusion, and applying biocides or anti-microbial compounds.

Professional engineer - an engineer registered in a United States or Canadian jurisdiction.

Professional registered sanitarian - a sanitarian registered in a United States or Canadian jurisdiction, or by a Department-approved national organization.

Project - mold-related activities at a particular address for which a specific start date and a specific stop date is or will likely be provided.

Registered Architect - An architect registered in a United States or Canadian jurisdiction.

Relevant field experience - experience that involves:

(a) For a mold indoor mold assessment professional: conducting microbial sampling or investigations; or

(b) For a mold indoor mold remediation professional: mold remediation as defined in this section.

Residential Property - a building that contains one or more dwelling units, including common areas. Each street address constitutes a different residential property.

Routine cleaning - cleaning that is ordinarily done on a regular basis.

Start date - the date on which the mold remediation begins. Preparation work is not considered mold remediation.

Stop date - the date following the day on which an indoor mold assessment professional issues a verification report to the client and the applicable indoor mold remediation professional.

Supervise or supervision - to direct and exercise control over the activities of an individual by being physically present at the job site or, if not physically present, accessible by telephone within ten minutes and able to be at the site within one hour of being contacted.

Survey - an activity undertaken in a building to determine the presence or absence, location, or quantity of indoor mold or to determine the underlying condition(s) contributing to indoor mold growth, whether by visual or physical examination or by collecting samples of potential mold for further analysis.

Transient housing business - A business licensed, or required to be licensed under D.C. Official Code § 47-2828 and its implementing regulations, that provides or offers lodging for a consideration. Transient housing businesses include, but are not limited to, hotels, motels, inns, rooming houses, bed and breakfast establishments and boarding houses. A transient housing business also includes any building or part of a building that the owner also occupied where customers are provided with, or offered, lodging, for consideration for a period of less than thirty (30) consecutive days.

Verification report - a document that an indoor mold assessment professional issues when the indoor mold assessment professional determines that a project's remediation has been successful. The report includes:

(a) A description of relevant worksite observations;

(b) The type and location of relevant measurements made and samples collected at the worksite;

(c) Relevant data obtained at the worksite, including but not limited to temperature, humidity, and material moisture readings;

(d) The results of analytical evaluation of the samples collected at the worksite;

(e) Copies of relevant photographs;

(f) If necessary, recommendations of specific professional disciplines that may be needed to determine that the cause and origin of moisture leading to indoor mold growth has been properly remediated;

(g) If additional professional disciplines are recommended in paragraph (f), a statement that the project's verified completion is contingent upon said discipline(s) performing work that remediates the cause and origin of moisture leading to indoor mold growth;

(h) An area for the indoor mold remediation professional that worked on the project to include his or her name, signature, company name, and license number, with language stating "I hereby certify that I completed mold remediation on this project"; and

(i) Clear statements, based on the indoor mold assessment professional's observation, that:

(1) All project areas are free from visible mold, and visible dust and debris as they are related to the project;

(2) All work has been completed in compliance with the remediation protocol;

(3) All identified underlying causes of the mold have been remediated so that it is reasonably certain that the mold will not return from these same causes; and

(4) The project is verified as complete.

Visible - (a) capable of being seen by a lay person with the naked eye following the guidelines in § 3206, or (b) capable of being seen by an indoor mold assessment professional with the naked eye; or (2) detectable by an indoor mold assessment professional following the standards in this chapter and industry practices.

D.C. Mun. Regs. tit. 20, r. 20-3299

Final Rulemaking published at 63 DCR 6098 (4/22/2016); amended by Final Rulemaking published at 68 DCR 5018 (5/7/2021)