Who Is Allowed to Perform Mold Assessments in New York?

Understanding Article 32 Mold Assessor Requirements and Legal Standards

Mold concerns are common in New York homes, especially in areas with moisture issues or past water intrusion. However, not everyone can legally conduct a mold assessment in New York State. Under New York Labor Law Article 32, only licensed professionals are permitted to perform mold assessments on residential, commercial, and industrial buildings when mold work is done for compensation. (Department of Labor)

What Is a Mold Assessment?

A mold assessment is a detailed inspection designed to:

• Identify the presence and location of visible mold growth

• Evaluate conditions that may promote mold growth

• Determine the extent of contamination

• Develop a written mold remediation plan when needed

This assessment is often the first step in managing mold problems and is required before any mold remediation work begins. (Department of Labor)

Who Is Legally Allowed to Perform Mold Assessments?

1. A New York State Licensed Mold Assessor

The primary professional allowed to perform mold assessments in New York is a licensed Mold Assessor under Article 32 of the New York State Labor Law. To legally perform a mold assessment for compensation, an individual must:

• Complete an approved mold assessor training course

• Be at least 18 years of age

• Submit an application and required documentation to the New York State Department of Labor

• Hold an active Mold Assessor license issued by the NYSDOL (nymoldlicense.com)

Once licensed, the mold assessor conducts the inspection, identifies the mold conditions, and prepares a Mold Remediation Plan when required.

Who Is Not Allowed to Perform Mold Assessments?

Under New York law, the following cannot legally perform mold assessments unless they hold a valid Mold Assessor license:

• General contractors or home inspectors who are not licensed mold assessors

• Mold remediation contractors (unless separately licensed as assessors)

• Restoration companies without a Mold Assessor license

• Individuals or companies offering both assessment and remediation on the same project (conflict of interest) (Department of Labor)

The law specifically prohibits a contractor from engaging in mold assessment or advertising as a mold assessment contractor without a valid license. (Justia Law)

Why Licensing Matters

The licensing requirements under Article 32 are designed to protect consumers by ensuring that:

• Assessments are conducted by trained professionals

• Assessment and remediation are separated to avoid conflicts of interest

• Mold remediation plans are developed before cleanup begins

• Post-remediation evaluations are performed to confirm that work was completed successfully

These safeguards help ensure that mold problems are correctly identified and addressed in a manner that protects occupant health and structural integrity. (Department of Labor)

Summary

In New York State, only a NYS licensed Mold Assessor can legally perform mold assessments for compensation. Mold remediation contractors and home inspectors must hold their own appropriate licenses if they intend to perform mold assessment work. (Department of Labor)