An Act To Implement the Recommendations of the Working Group Studying Mold in Buildings
Sec. 1. 10 MRSA c. 217-A is enacted to read:
CHAPTER 217-A
MOLD ASSESSMENT AND REMEDIATION SERVICES
§ 1480. Disclosure statement required
A person may not provide both mold assessment and remediation services on a building project unless the person has provided to the owner of the building or the owner's agent a signed disclosure statement regarding the potential for conflict of interest in providing both mold assessment and remediation services. For purposes of this section, "person" means an individual, a partnership, a corporation or any other legal entity.
Sec. 2. 10 MRSA §1487, sub-§13, as enacted by PL 2005, c. 619, §3 and affected by §6, is amended to read:
Sec. 3. 10 MRSA §1487, sub-§14, as enacted by PL 2005, c. 619, §4 and affected by §6, is amended to read:
Sec. 4. 10 MRSA §1487, sub-§15 is enacted to read:
Sec. 5. 10 MRSA §9701, sub-§1, as enacted by PL 2003, c. 580, §1, is amended to read:
(1) Mandatory placement of flashing around all doors and windows in accordance with the door and window manufacturer's installation instructions;
(2) Mandatory insulating and waterproofing of basement concrete; and
(3) Mandatory placement of vapor diffusion retarders.
Sec. 6. 14 MRSA §6021, sub-§8 is enacted to read:
(1) Assign mediators under this subsection who are knowledgeable in residential building construction;
(2) Establish a simple and expedient application process; and
(3) Establish a fee for services in an amount not to exceed $85 for every 2 hours of mediation services provided. The tenant is responsible for the costs of the first 2 hours of mediation and for the costs of providing notice as required under this subsection.
(1) Make a complaint to the landlord of the dwelling unit regarding mold or excessive moisture in the dwelling unit; and
(2) Submit a claim in writing to the landlord or the person who customarily collects rent on behalf of the landlord, afford the landlord at least 10 business days to respond, and fail to reach a satisfactory agreement of settlement with the landlord within that time period.
(1) Submitting to the Superior Court clerk all necessary fees at the time of application; and
(2) Filing an application for mediation with the Superior Court clerk in the county in which the dwelling unit that is the subject of the conflict is located. The Superior Court clerk shall forward the application to the Court Alternative Dispute Resolution Service under Title 4, section 18-B.
(1) The names of the mediation participants;
(2) The nature of any agreements reached during the course of mediation and what further action is required of any person;
(3) The nature of any issues remaining unresolved and the mediation participants involved in those unresolved issues; and
(4) A copy of any written agreement under paragraph H.
Sec. 7. 22 MRSA §454, sub-§1, as enacted by PL 1997, c. 387, §1 and amended by PL 2003, c. 689, Pt. B, §7, is further amended to read:
The local health officer shall report promptly to the Commissioner of Health and Human Services, or the commissioner's designee, facts that relate to communicable diseases occurring within the limits of the health officer's jurisdiction, and shall report to the commissioner, or the commissioner's designee, every case of communicable disease as the rules of the department require. Those diseases that the rules of the department may require to be reported are known, under the terms of this Title, as notifiable diseases.
The local health officer shall receive and evaluate complaints made by any of the inhabitants concerning nuisances posing a potential public health threat and complaints made by tenants concerning issues with mold or excess moisture within the limits of the health officer's jurisdiction. With the consent of the owner, agent or occupant, the local health officer may enter upon or within any place or premises where nuisances or conditions posing a public health threat or where mold or excess moisture issues are known or believed to exist, and personally, or by appointed agents, inspect and examine the same. If entry is refused, the municipal health officer shall apply for an inspection warrant from the District Court, pursuant to Title 4, section 179, prior to conducting the inspection. When the local health officer has reasonable cause to suspect the presence of a communicable disease, the local health officer shall consult with the commissioner, or a designee. The health officer shall then order the suppression and removal of nuisances and conditions posing a public health threat found to exist within the limits of the health officer's jurisdiction. For purposes of this section, "public health threat" means any condition or behavior that can reasonably be expected to place others at significant risk of exposure to infection with a communicable disease.
Sec. 8. 22 MRSA §1695-A is enacted to read:
§ 1695-A. Review and recommendation of mold guidelines and standards
The Maine Center for Disease Control and Prevention shall review and recommend guidelines and standards for:
In recommending guidelines and standards pursuant to this section, the Maine Center for Disease Control and Prevention shall give preference to accredited standards of the American National Standards Institute, independent 3rd-party certifications and federal guidelines and shall consider strategies to communicate the availability of the information to professionals and members of the general public.
Sec. 9. 35-A MRSA §121, sub-§1, as enacted by PL 2003, c. 645, §6, is amended to read:
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 10. Appropriations and allocations. The following appropriations and allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF
Consumer Protection Division
Initiative: Establishes one Attorney General Detective position to support investigation of complaints related to substandard construction and renovation and mold assessment and remediation practices.
| GENERAL FUND | 2007-08 | 2008-09 |
|
Personal Services
|
$78,442 | $82,805 |
|
All Other
|
$10,480 | $8,480 |
 |
|
|
| GENERAL FUND TOTAL | $88,922 | $91,285 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Maine Center for Disease Control and Prevention
Initiative: Establishes one Comprehensive Health Planner I position in the Maine Center for Disease Control and Prevention to address mold issues in the State, including, but not limited to, reviewing and recommending guidelines, standards and certification and providing ongoing education and response to public concerns regarding mold.
| GENERAL FUND | 2007-08 | 2008-09 |
|
Personal Services
|
$45,810 | $64,134 |
|
All Other
|
$25,000 | $25,000 |
|
|
|
| GENERAL FUND TOTAL | $70,810 | $89,134 |
summary
This bill implements recommendations of the working group created pursuant to Resolve 2005, chapter 174 to study mold in buildings. Specifically, the bill:
1. Requires home construction contracts to contain the training received and certifications held by project supervisors;
2. Requires disclosure of the potential for conflict of interest if mold assessment and remediation services are provided by the same person or company;
3. Adds mandatory moisture control provisions to the Maine Model Building Code and the Maine model building energy code;
4. Establishes a mandatory mediation program for mold or excess moisture disputes between tenants and landlords;
5. Authorizes local health officers to evaluate complaints made by tenants concerning issues with mold or excess moisture;
6. Directs the Maine Center for Disease Control and Prevention to review and recommend guidelines and standards regarding assessment and remediation of mold; and
7. Establishes one position in the Department of the Attorney General, Consumer Protection Division to support investigations of complaints related to substandard construction, renovation and mold assessment and remediation practices. It also establishes one position in the Department of Health and Human Services, Maine Center for Disease Control and Prevention to support the reviewing and recommending of guidelines and standards in connection with mold in buildings in the State and to provide education and response to public concerns regarding mold.