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Mold Legislation Introduced
New Jersey Bill–NJS 199
American Society of Safety Engineers
The Monitor: Industrial Hygiene Practice Specialty Newsletter
Winter 2004/05, Vol. 4, No. 2
www.asse.org
Legislation was recently introduced in the state of New Jersey and should be of interest
to ASSE members who perform what would be considered industrial hygiene functions.
ASSE is reviewing this legislation due to some of the exclusionary language in the bill
related to the CIH designation.
While the review of the legislation is not yet complete, ASSE has historically opposed
any legislation that would limit SH&E work to one particular certification without a sound
basis supported by science, technology and good public policy. In such cases, ASSE
has relied on the concept of including accredited SH&E certifications when addressing
such legislative and regulatory issues.
This bill would require that every contract of sale of residential real property containing
less than five units of residential dwelling space include a provision requiring, as a
condition of the sale, the inspection for the presence of a mold hazard. The inspection
would identify whether mold is present that exceeds the initial household maximum limit
for mold exposure. Should a mold inspector find this to be the case, an inspection to
locate the extent, source and location of the mold would be required to be conducted by
a CIH.
The bill would establish in the Dept. of Health and Senior Services a Toxic Mold
Commission. The commission would make recommendations for the implementation of
the mold inspection program required by the bill. These recommendations would
include:
1) development of a list of household molds for which testing shall be required;
2) development of maximum household limits for mold exposure;
3) development of a two-tiered testing protocol to a) identify the existence of mold that
exceeds the initial household maximum limit for mold exposure; and b) locate the
extent, source and location of the mold in the residence;
4) development of methods and procedures for the identification of the presence of
mold that may include procedures for the collection of air, surface and bulk samples,
visual and olfactory identification, laboratory analysis and any other recognized
analytical method for the identification of mold.