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August 24, 2016

New Law Concerning Dangerous Household Molds

Serious, sometimes lifelong illnesses have been increasingly linked to the presence of dangerous household molds. In response to growing concerns, a group of business leaders, health administrators and legislators from New Hampshire formed the NH Mold Task Force to address the need to protect people from the physical, emotional and financial damages that often result from the presence of these molds.

The NHMTF addressed issues such as regulation of the mold removal industry, responsibility for eradication of mold and penalties for failure to address and investigate reports of potentially dangerous molds. Their efforts led to the passage of a consumer and health protection bill that went into effect January 1, 2016. This law sets standards in a previously unregulated industry and will provide numerous new protections to consumers:

1.   Anyone conducting inspections, investigations or surveys of dwellings or other structures for the purpose of providing information regarding the presence of mold, collection of samples for evaluation, and/or removal protocol must be certified by a third party.

2.   It provides consumers a means to confirm that they are hiring experts who have the experience and training to properly evaluate, test and remove mold from the interior of buildings; eliminating the risk of physical and financial burdens that often result from negligence and/or unethical behavior.

3.   It gives citizens a legal course of action should their rights be violated.

4.   It clearly defines who is responsible for removal of molds identified as dangerous and unhealthy.

5.   It sets standards for responses to reports of suspected mold, and standards for subsequent actions.

Those seeking a qualified professional to perform an inspection or mold removal should be aware that there are nine different certifications. A list of these certifications can be found at http://www.acac.org/cert/NH.aspx. To find a list of individuals in your area with one of these certifications, you may search by entering a zip code or name at http://www.acac.org/find/location_search_2.aspx. To learn more about this law, visit the NH Board of Licensures and Certifications website at nh.gov/jtboard.

Should you find yourself in need of legal counsel concerning this issue, Attorney Allison Ambrose is prepared to assist you.

August 24, 2016