16 Tex. Admin. Code § 78.60 - Mold Remediation Company License
(a)
Licensing requirements. A person performing mold remediation activities must be
licensed as a mold remediation company if the person employs more than one
individual required to be registered under §78.56 or licensed under
§78.58. A licensed mold remediation company is specifically authorized to
employ mold remediation contractors and mold remediation workers who are
currently licensed or registered under this chapter to assist in the company's
mold remediation activity.
(b)
Authorization and conditions. A licensed mold remediation company shall:
(1) designate one or more individuals
licensed as mold remediation contractors as its responsible person(s);
(2) notify the department in
writing of any changes in individual licensed mold remediation contractors as
responsible persons within 30 calendar days following the change of the
responsible person; and
(3)
perform mold remediation activity only during periods with the active
employment of at least one individual licensed mold remediation contractor
designated as the responsible person for the company;
(4) not transfer the license to any other
person, including to any company that has bought the licensed entity;
(5) apply for a name change on the
license within 30 calendar days after a change in name only; and
(6) obtain a new license before performing
any mold-related activities when the transfer of a licensed person occurs.
(c) Eligibility for
licensing. To be eligible for licensing, a person must employ at least one
licensed mold remediation contractor. To obtain a mold remediation company
license, a person must:
(1) comply with the
requirement for insurance coverage under §78.40; and
(2) pay the fee required under §78.80.
(d) Applications.
Unless otherwise indicated, an applicant must submit all required information
and documentation on department-approved forms or in a manner specified by the
department. In addition to fulfilling the requirements in §78.21, an
applicant must submit the following required documentation:
(1) proof of compliance with the insurance
requirement for licensees specified in §78.40;
(2) the name, address, and occupation of each
person that has an ownership interest of 10% or more in the applicant; and
(3) the name and license number of
each licensed mold remediation contractor designated by the applicant as a
responsible person.
(e)
Responsibilities. In addition to the requirements of §78.70 and all other
applicable responsibilities in this chapter, a licensed mold remediation
company shall:
(1) ensure that all employees
who will perform mold remediation activities are provided with, fit tested for,
and trained in the correct use of personal protective equipment appropriate for
the activities to be performed;
(2) ensure that each person performing mold
remediation activities is licensed or registered in accordance with this
chapter, as applicable;
(3) ensure
that the training and license or registration of each individual who is
required to be licensed or registered to perform mold remediation activities
under this chapter are current;
(4) comply with the requirements under
§78.64(f)(2)-(3), (5)-(9), and (11) if the licensee provides mold
remediation worker training as authorized in §78.68(d);
(5) maintain copies of the required training
documents in accordance with §78.74(b)(2) if providing mold remediation
worker training as authorized in §78.68(d);
(6) provide to each client a mold remediation
work plan for the project at least one calendar day before the mold remediation
preparation work begins;
(7)
submit the required notification to the department as described in
§78.110; and
(8) provide to
the property owner a completed Certificate of Mold Damage Remediation as
specified under §78.150.
Notes
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