Mold sampling requirement Florida

I talked to a guy named Mr Rosen who has some training online for mold, etc. I’m new to the whole mold side and would like to see what is required to take samples and send to labs, etc. I talked to him on the phone and he said in 2012 the law changed that home inspectors can perform mold sampling if it’s an added service with a home inspection and not by itself. I thought great but I can’t find anything online that says that and didn’t ask when I was talking to him. Wondered if any of you could shed some light on this? Or maybe anywhere in the law it states that this is a fact. I can’t find anything as of yet but I’m still searching. Thanks guys.

I “think” This has been discussed a great many times here. do a search and you may find some info. I think it is still up to each inspectors interpretation of weather or not it is a good idea to do without a mold license. I am not sure if anyone ever came up with a definite for sure agreed upon by all answer. I say if you are NOT a mold inspector just sub it out. It is expensive to get insurance and why worry about the additional liability.

Just wanting to do some ancillary services to boost my income some. I don’t and will not do anything I don’t think I’m qualified for just researching it. I’ve been certified to do wind mitigations for over 6 months but haven’t done one yet because I’m still not sure I’m ready lol lots of liability it seems with them also. Thanks

Check your PM

From: R. Morrison-DBPR

As you may know the Department of Business and Professional Regulation and specifically the home and mold licensing units, are tasked with licensing and regulating home inspectors and mold related services statutes created by the legislature. The exemption written into Chapter 468.841(d), Florida Statute, states:

(1)The following persons are not required to comply with any provisions of this part relating to mold assessment:
 (a)A residential property owner who performs mold assessment on his or her own property.
 (b)A person who performs mold assessment on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership, or on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold assessment for the public.
 ©An employee of a mold assessor while directly supervised by the mold assessor.
 (d)Persons or business organizations acting within the scope of the respective licenses required under part XV of this chapter (This Chapter is referring to chapter 468 Part XV which is the chapter that regulates home inspectors), chapter 471, part I or part II of chapter 481, chapter 482, or chapter 489 are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure under this part.
 (e)An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold assessment within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold assessment.
 (2)The following persons are not required to comply with any provisions of this part relating to mold remediation:
 (a) A residential property owner who performs mold remediation on his or her own property.
 (b)A person who performs mold remediation on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership, or on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold remediation for the public.
 © An employee of a mold remediator while directly supervised by the mold remediator.
 (d)Persons or business organizations that are acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof stating or implying licensure under this part.
 (e)An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold remediation within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold remediation.

Although the department does not view mold sampling (which is part of an assessment) or remediation as being within the scope of a home inspector’s license anyone can sample and or remediate mold growth that is less than 10 sq. feet. Only a laboratory can actually test for mold. Since a mold assessment and remediation are defined by statute as mold growth greater than 10 sq. feet and don’t address mold growth under 10 sq, feet , the statues do not grant authority for the department to regulate the sampling, testing or remediation of mold growth less than 10 sq. feet. If someone was told that it was acceptable for a home inspector to test for mold it should have added that the mold growth needed to be less than10 sq. feet. To ensure that complaints are being addressed properly they have to be delta with on a case by case basis. If you wish to file a complaint and have us look into the details of what you have written about, please see our website for a complaint form…

  1. I’m pretty sure the law does provide for a home inspector to do mold sampling if he is already there for the purpose of a home inspection & it comes up.
    You cannot do it as a stand alone service where the sole intent was mold without a license.
  2. check your E&O insurance (if you carry it) as it must also state additional items covered like mold swimming pool, etc. for you to be covered.
    I don’t think they’ll cover it anyways without an assessor’s license.
  3. I have personally had the experience of performing mold clearance testing after a remediation. My opinion is it was an amateur job.
    The company did not erect a containment area before the moldy wall was ripped out & replaced. They also never deployed air scrubbers. The air was SUPER elevated/not safe.
    The spores were obviously dispersed by having no containment or air scrubbing.

When confronted by the owner & agents, the remediator told them my sampling was Bull----.
The air was all “background mold” & has nothing to do with the cleaning, no containment/scrubbers needed. He did go back & use air scrubbers, my 2nd set of tests then came back not elevated.

The remediator was Dr. Rosen.

Interesting info thanks. By what wsmith3 posted I’m thinking yes an inspector can do a sample. That’s what I’m wanting to do. I’ll also contact my insurance as well. Is there any florida home inspectors that have been doing these for awhile with no issue? If so what’s a good lab to use and equipment to purchase for the sampling? Thanks

You can do a mold test legally in FL, but you should also strive to do it competently. So take our mold courses and our moisture intrusion inspection course. www.nachi.org/education.htm

Agreed Nick!
I have taken the advanced mold inspection training & how to inspect for moisture intrusion courses.
They both were quite technical & very informative.
Thank you INachi.

Absolutely Nick, on my list of classes to take next. Thanks for all the help guys!!

Sooooo…does this mean that anyone wishing to get into the mold inspection business need not meet the rigid criteria to qualify for an MRSA license, but only obtain an HI license?

If you are just doing mold air sampling (testing), just do it, but don’t pound sand up our butts, claiming you are providing a service.
The general public is dumb or they would not hire home inspectors for mold, period.
(at least that’s what the last few years has proven over and over in SW Florida)

If the situation wasn’t so sad, it would be funny. We need to hire real mold inspectors but haven’t found any.

Mold air samples are used to help “clear” a mold remediation and help determine the extent of a mold problem.

Mold Air sampling (mold testing) is helpful during a mold inspection but cannot replace the need for a visual mold inspection.
Dozens of places for real info, just look for it.
North Dakota Department of Health
http://www.ndhealth.gov/aq/iaq/Biological/Mold/Mold%20in%20My%20Home.pdf
Testing is not recommended as the first step to determine if you have a mold problem.

Although sampling may be of some help in judging remediation effectiveness, remember that a negative sampling report must not be used in place of a visual survey.
Factors such as barometric pressure, inside and outside temperatures, activity levels, and humidity may dramatically reduce or increase the spore levels within a building. Air sampling for mold provides information on what was in the air only for the moment when the sampling occurred. It is important, therefore, that sampling not replace visual inspection.

Minnesota Department of Health
http://www.health.state.mn.us/divs/eh/indoorair/mold/moldtest.pdf
“Testing may be useful as part of an investigation, but it is never a substitute for a thorough visual inspection.”
Poor reason for testing #1 “To find out if there is mold”
Poor reason for testing #2 “To identify what type of mold is present”

Time to hit the road this morning, job #568 first thing this morning. Like I said just take their money but don’t post on the net that you are providing a “service”, to many of the fools will believe you. :twisted:

I agree.

You have to look at a mold issue holistically which includes roof leaks, plumbing leaks, grade, drainage, condensation, downspouts, gutters, water proofing systems, ventilation, etc.

Excellent post Doug.

Great post Doug !