26120-26125

HEALTH AND SAFETY CODE
SECTION 26120-26125




26120.  The department, in consultation with the task force convened
pursuant to Section 26101.7, shall adopt mold identification
guidelines for the recognition of mold, water damage, or microbial
volatile organic compounds in indoor environments.




26121.  Identification guidelines shall include scientifically valid
methods to identify the presence of mold including elements for
collection of air, surface and bulk samples, visual identification,
olfactory identification, laboratory analysis, measurements of amount
of moisture, and presence of mold and other recognized analytical
methods used for the identification of molds.



26122.  (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.
   (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.



26123.  The department may review, and consider adopting by
reference, any information prepared by, or on behalf of, the United
States Environmental Protection Agency or other authoritative bodies,
for the purpose of adopting national identification standards for
molds.



26124.  (a) The department shall, at the time it commences
preparation of identification guidelines for mold, electronically
post on its Internet Web site a notice that informs interested
persons that it has initiated work on the identification guidelines.
   (b) The notice shall include a brief description, or a
bibliography, of the technical documents or other information the
department has identified to date as relevant to the preparation of
the identification guidelines for mold.
   (c) The notice shall inform persons who wish to submit mold
identification information of the name and address of the person in
the office to whom the information may be sent, the date by which the
information must be received for the department to consider it in
the preparation of the identification guidelines, and that all
information submitted will be made available to any member of the
public who makes the request.



26125.  All identification guidelines for mold published by the
department shall be reviewed at least once every five years and
revised, as necessary, based upon the availability of new scientific
data or information on effective mold identification.