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4. a) The Dept. of Health and Senior Services, in consultation with the Toxic Mold
Commission established pursuant to Section 1 of this act, shall develop, brule or
regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410
(C.52:14B-1 et seq.);
1) a list of household molds for which testing shall be required;
2) maximum household limits for mold exposure;
3) 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; and
4) 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.
b) The Dept. of Health and Senior Services shall conduct an annual review to determine
if there are a sufficient number of laboratories available to perform the services required
pursuant to this act at a reasonable cost within 10 days of a request for testing. This
review shall be based upon the projected number of transactions for which the test is
required. The department shall publish its findings in the New Jersey Register.
c) The Dept. of Health and Senior Services shall establish, by rule or regulation adopted
pursuant to the “Administrative Procedure Act,” a maximum time period for which a test
result shall remain valid for the purposes of Section 2 of this act without necessitating
retesting. A reinspection shall not be required pursuant to Section 2 of this act if the
contract of sale is entered into within the period of test validity established pursuant to
this subsection. Notwithstanding any provision of this subsection to the contrary, a
buyer and seller subject to the
provisions of Section 2 of this act may mutually agree to reinspect even though the
maximum time period for test validity established pursuant to this subsection has not
expired.
5) This act shall take effect immediately, except that Section 2 shall take effect on the
540th day following the date of enactment of this act.