Under the Texas Mold Assessment and Remediation Rules (Rules) (25 Tex. In sections 295, 301, 295 and 33 of the Code, all businesses and individuals engaged in mold-related activities in Texas must have a DSHS license, unless exempt. All non-exempt mold evaluators and remediators must be licensed by the Texas Department of Licensing and Regulation (TDLR). Beware of potential conflicts of interest on the part of companies that provide multiple services.
A person can have licenses, but cannot do both jobs on the same project. In addition, a person cannot have a stake in the two companies that carry out the evaluation and remediation of the same project. There is currently no federal law that covers the landlord's responsibilities when it comes to mold. In addition, Texas does not have any laws that specifically address the obligations or responsibilities of the landlord when it comes to the prevention and remediation of mold.
Tenants and landlords should try to work cooperatively to investigate and correct moisture problems and eliminate mold growth. Homeowners should keep copies of the mold assessment, the remediation contract, the remediation certificate, photographs, and other related materials in their files. Regardless of the size of the area affected by mold contamination, if the consumer hires an authorized MRC, the MRC must comply with the requirements of the law and regulations, including developing a work plan that follows a protocol developed by an authorized mold assessment consultant (MAC). Yes, if your mold assessment consultant or mold remediation contractor license is current and hasn't expired.
If mold can be seen or if there is a musty smell, a careful inspection of the house should be carried out. The mold damage repair certificate (PDF) is available on the Texas Department of Insurance website. The key to preventing mold growth is to avoid moisture problems and to quickly repair and dry any water leaks or spills that may occur. If the tenant believes that unlicensed people are carrying out mold evaluation or remediation activities and are not exempt from regulations, the tenant can file a complaint with the TDLR.
If you have questions or complaints about the license status of a mold evaluator or remediator, contact TDLR. Remember that the certificate only applies to mold removal; it does not cover other types of water damage repair. Candidates for mold evaluation technician, mold evaluation consultant, and mold remediation contractor must first submit an application for a license. Simply applying a chemical such as bleach to drywall, without eliminating the source of mold, is not an effective and permanent solution.
Yes, under the Insurance Code, a homeowner who is not eligible to receive a CMDR because the work is done by unlicensed professionals can have an independent mold evaluator or adjuster licensed to perform the mold evaluation inspected. Mold spores, which are tiny microscopic “seeds”, can be found everywhere, even inside homes, and are part of the general dust found in homes. The first, known as rent withholding, is when tenants decide to stop paying rent, claiming that mold has made their apartment unlivable. A person who uses unlicensed workers to remove mold cannot obtain a CMDR because an unlicensed person is not authorized to provide a CMDR.
