Senate Bill 803 Passes

Signed by Governor

All home inspectors in Arkansas need to be aware of new regulations regarding how your businesses are run if you advertise that you perform mold and mildew inspections. Senate Bill 803, sponsored by Senator Sue Madison has passed the Arkansas House and Senate and has been signed into law by Governor Beebe. Starting January 1, 2010, all home inspectors performing mold and mildew inspections must be registered with the Plant Board and be licensed by them to perform these types of specialty inspections. The actual bill can be downloaded by clicking here: Arkansas Act 1467.pdf.

Anyone involved in mold and mildew inspections is urged to download and read this file very carefully. The language of the bill regarding who is and is not qualified to perform mold and mildew investigations is closely written. This passage of the legislation is quoted in its entirety...

“...A person licensed under this chapter shall satisfactorily demonstrate one (1) or more of the following qualification criteria:

(A)  Certification as a Certified Industrial Hygienist by the American Board of Industrial Hygiene;

(B)  Certification as a Certified Microbial Consultant by the American Indoor Air Quality Council or a Certified Indoor Environmental Consultant;

100. (C) Successful completion of at least 20 (twenty) hours of college-level microbiology.”
     

The Plant Board, the same state agency overseeing termite and pest control companies, has been placed in charge of mold and mildew investigators. Mold and mildew investigators do not fall under the review and oversight of AHIB, the Arkansas Home Inspectors Registration Board. The person to contact at the Plant Board for additional information is the executive director, Darryl Little at (501) 225-1598. The Plant Board’s website is www.plantboard.org. Not much information regarding the new oversight responsibilities is available at the Plant Board’s website at this time.

No word at this time is available regarding hearings or rules meetings. The way the legislation reads, the Plant Board alone is responsible for creating rules, regulations, insurance requirements, and codes of standard practice and ethics. How much public input will be allowed in establishing said rules and regulations is not defined.

It should be noted that Act 1467 does not address the matter of mold and mildew remediation, nor does it address the companies performing those services. The author of the legislation has advised that those matters will be left up to the Plant Board to determine.

Mold & Mildew Updated Information

With the passage of Senate Bill 803, all home inspectors performing mold and mildew investigations must carry a second license to do so, which will be issued by the state Plant Board. The Plant Board will administer this program and establish the rules and codes. The person who will oversee the mold and mildew department is Scott Bray. His email address is Scott.Bray@aspb.ar.gov. The phone number at the Plant Board is (501) 225-1598. The Plant Board’s website is Arkansas State Plant Board.