§ 17-54-103 - Mold investigation -- Penalty.
17-54-103. Mold investigation -- Penalty.
(a) (1) After January 1, 2010, a person shall not collect a fee for performing services as a mold investigator in the state of Arkansas nor hold himself or herself out as a mold investigator without being licensed to perform a mold investigation by the State Plant Board.
(2) The board may impose a fine not to exceed one thousand dollars ($1,000) per incident for a violation of this section.
(b) (1) 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; or
(C) Successful completion of at least twenty (20) hours of college-level microbiology.
(2) A person licensed under this chapter shall not confirm or refute the presence of mold in a residential or commercial building without having first:
(A) Performed an onsite investigation of the premises conducted under the best practices set forth in the guidelines established by the American Conference of Governmental Industrial Hygienists and the American Industrial Hygiene Association, as they existed on January 1, 2009; or
(B) If air samples or bulk samples of any kind are taken from a residence or commercial building for culture or appropriate examination by a commercial laboratory, the analysis shall be performed by a laboratory accredited by and actively participating in the American Industrial Hygiene Association's Environmental Microbiology Laboratory Accreditation Program.
(3) A written copy of an analysis from the laboratory under this chapter shall be provided to the person or entity that has retained the services of the mold investigator.
(c) A licensed mold investigator shall not interpret the results of a laboratory analysis or make recommendations based on the laboratory analysis unless the licensed mold investigator has at least one (1) of the credentials listed in subdivision (b)(1) of this section.