(a)  Identification guidelines developed by the department shall do all of the following:

(1)  Avoid adverse effects on the health of the general population, with an adequate margin of safety, and avoid any significant risk to public health.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2)  Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility.

(3)  Utilize and include the latest scientific data or existing standards for the assessment of molds adopted by authoritative bodies.

(b)  The department shall consider all of the following criteria when it develops identification guidelines for mold:

(1)  Permissible exposure limits to molds developed by the State Department of Health Services pursuant to subdivisions (a) and (b) of Section 26103, or what constitutes a health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment, according to the department’s standards as developed pursuant to Section 26105.

(2)  Standards for mold identification, if any, adopted by authoritative bodies.

(3)  Professional judgment and practicality.

(4)  Toxicological reports or additional scientific evidence.

(c)  The department shall not require a commercial, industrial, or residential landlord or a public entity that rents or leases a unit or building to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold established by subdivisions (a), (b), and (c) of Section 26103.

(d)  The department shall develop a reporting form for building inspection that may be used to document the presence of mold.

(e)  The department shall report to the Legislature on its progress in developing identification guidelines for mold by July 1, 2003.

(Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.)