Kentucky's Mold Remediation Regulation

Kentucky's new administrative regulation for mold remediation went into effect on December 7, 2012.

Summary of Mold Remediation Regulation, 40 KAR 2:330

Written Contract / Change Order — A written contract is required before work begins. The customer must sign a change order if there is additional cost or a substantive or material change to the mold assessment and remediation plan.

Inform Customers in Writing — A mold remediation company shall provide written information to customers including:

General Information:

  • Mold and its potential health risks, using an EPA brochure and a required form to be signed by the customer before entering into a contract.
  • Areas to be vacated.
  • Measures customers should use to protect tenants and occupants, such as avoiding work areas.
  • Indoor environmental professionals, using a required form to be signed by the customer before entering into a contract.

Mold Assessment and Remediation Plan — To be provided before entering into a contract, including:

  • A price estimate.
  • Scope of work, extent of the mold problem, areas to be remediated, and tasks to be performed.
  • Containment and removal techniques to be used.
  • A plan to remedy or manage the source of moisture, or a statement that it has not been identified using a required form to be signed by the customer.
  • How the work will be evaluated.

For commercial or institutional customers, if due to the size and scope of the work it is not practicable to provide a plan and the customer requests in writing that work begin before receiving the plan, a mold remediation company shall provide:

  • A price list that includes the amounts charged for labor and equipment.
  • A required information form for the customer.
  • Updates about the work.

Postremediation Report — At the conclusion of the work, a mold remediation company shall provide the customer with a report including:

  • Whether visible mold, debris, and unrestorable materials have been removed.
  • Whether mold odors have been eliminated.
  • Whether surfaces are free of dust.
  • Unexpected conditions or events that arose during the work that may impact health or safety or interfere with an appropriate postremediation condition.
  • Whether salvable structures, systems, and contents have been dried to an appropriate moisture content.
  • A list of independent indoor environmental professionals if the contract requires sampling or testing to verify the mold remediation.

Postremediation Verification — Any postremediation verification shall be performed by an indoor environmental professional paid directly by and reporting directly to the customer.

Training, Education, and Experience — A mold remediation company shall ensure that its principals and employees have training, education, and experience to perform the tasks and to use equipment, tools, and materials that will be used on the project or are required by this regulation. The training shall at least include safety and health, engineering controls, containment methods, and work practices.

Mold Removal — A mold remediation company shall physically remove mold contamination to return the remediated area to a normal fungal ecology, and return remediated area to a clean condition.

Protective Equipment — A mold remediation company shall ensure that workers use appropriate protective equipment if mold will be disturbed.

Containment — A mold remediation company shall

  • Use engineering controls and work practices to prevent exposure to mold.
  • Determine the type of containment to use during mold remediation and inform the customer.
  • Control mold contamination as close as practical to its source in order to prevent the spread of mold or mold spores or particles, and minimize dust generation.

Records Retention — A mold remediation company shall maintain a copy[copies] of documents required by this administrative regulation for three years after completing the work.