§ 24-154 Mold abatement and remediation work for certain buildings.
AC § 24-154
a. As used in this section, the terms "mold abatement," "mold assessment" and "mold remediation" shall have the meanings ascribed to such terms in section 930 of the labor law; the term "dwelling unit" shall have the meaning ascribed to such term in the housing maintenance code; the terms "floor area" and "zoning lot" shall have the meaning ascribed to such terms in the New York city zoning resolution and: Administering agency. The term "administering agency" means the agency or agencies designated by the mayor pursuant to subdivision f to administer and enforce the provisions of this section. Covered building. The term "covered building" means a building that (i) contains ten or more dwelling units or (ii) is located on a zoning lot that contains 25,000 or more square feet of non-residential floor area. Covered person. The term "covered person" means, with respect to a building, a person who is an owner of such building, a managing agent of such building or an employee of such owner or agent. Project. The term "project" means mold remediation, mold assessment or mold abatement, of areas greater than ten square feet, but does not include full demolition of vacant buildings. Non-residential floor area. The term "non-residential floor area" means, for a zoning lot, the amount of commercial floor area, office floor area, retail floor area, storage floor area and factory floor area, according to records of the department of finance and department of city planning. b. For a covered building: 1. No covered person for such building may perform mold assessment, abatement or remediation for a project for such building.
2.Mold assessment, abatement or remediation for a project for such building shall be performed (i) by a person licensed to perform such work pursuant to article 32 of the labor law and (ii) in compliance with the requirements set forth in such article and any other applicable laws or rules. c.
1.Except as provided in paragraph 3, no later than two business days before the commencement of mold remediation for a project for a covered building, the person holding a mold remediation license pursuant to article 32 of the labor law who performs such remediation shall provide the administering agency with a notice, in a form and manner established by such agency, containing the following information: (a) The name of such person and the number or other designation identifying such person's license issued under such article; (b) The address of such building; (c) The name of the person on whose behalf such work was performed; (d) The dates that such work is to be performed; (e) A copy of the mold remediation work plan prepared in accordance with section 946 of the labor law for such project; (f) A certification that such work was performed and such plan was prepared in compliance with article 32 of the labor law; and (g) Such other information as such agency may require by rule.
3.Notwithstanding the requirements of paragraphs 1 and 2, the notices required by such paragraphs for a project may be provided to the administering agency no later than 24 hours after commencement of mold remediation in connection with such project if: (a) Such project is subject to an order issued by a court that requires such project to be completed within 30 or fewer days; or (b) The condition that such project is intended to correct poses either an immediate risk of harm to any person or damage to property, or both, pursuant to rules established by the administering agency in conjunction with the department of health and mental hygiene, the department of buildings and the department of housing preservation and development.
4.No later than 24 hours after receiving information provided pursuant to this subdivision, the administering agency shall make such information publicly available online. d. Violations.
