CHAPTER 18. Toxic Mold [26100. - 26157.]

Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2.

§§ 26100–26157 · 39 sections

1. ARTICLE 1. General Provisions §§ 26100–26107 · 10 sections

   • § 26100 This chapter shall be known, and may be cited, as the Toxic Mold Protection Act of 2001.
   • § 26101 For purposes of this chapter, the following definitions apply: (a) “Affect” means to cause a condition by the presence of mold in the dwelling unit, building,…
   • § 26101.5 All standards that the department develops pursuant to this chapter shall be in accordance with existing administrative law procedures applicable to the…
   • § 26101.7 The department shall convene a task force which shall advise the department on the development of standards pursuant to Sections 26103, 26105, 26106, 26120,…
   • § 26102 The department shall consider the feasibility of adopting permissible exposure limits to mold in indoor environments.
   • § 26103 (a) If the department finds that adopting permissible exposure limits to mold in indoor environments is feasible, the department, in consultation with the task…
   • § 26104 (a) (1) The department shall, at the time it commences preparation of the permissible exposure limits to mold, provide notice electronically by posting on its…
   • § 26105 (a) The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt practical standards to assess the health threat posed…
   • § 26106 The department may develop alternative assessment standards applicable for facilities, which may include hospitals, child care facilities, and nursing homes,…
   • § 26107 (a) (1) The department shall, at the time it commences preparation of standards for the assessment of molds, provide notice electronically by posting on its…
2. ARTICLE 2. Guidelines for Identification of Molds §§ 26120–26125 · 6 sections

   • § 26120 The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt mold identification guidelines for the recognition of…
   • § 26121 Identification guidelines shall include scientifically valid methods to identify the presence of mold including elements for collection of air, surface and…
   • § 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,…
   • § 26123 The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency…
   • § 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…
   • § 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…
3. ARTICLE 3. Guidelines for Remediation §§ 26130–26134 · 5 sections

   • § 26130 The department, in consultation with the task force convened pursuant to Section 26101.7, shall develop and disseminate remediation guidelines for molds in…
   • § 26131 (a) Remediation guidelines for mold developed by the department shall do all of the following: (1) Provide practical guidance for the removal of mold and…
   • § 26132 (a) The department shall, at the time it commences preparation of remediation guidelines for mold, electronically post on its Internet Web site, a notice that…
   • § 26133 The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency…
   • § 26134 (a) The department shall make available to the public upon request, information about contracting for the removal of mold in a building or surrounding…
4. ARTICLE 4. Disclosures §§ 26140–26153 · 14 sections

   • § 26140 (a) Subject to subdivisions (b), (c), and (d), a seller or transferor of commercial or industrial real property shall provide written disclosure to prospective…
   • § 26141 (a) Subject to subdivisions (c), (d), and (e), commercial and industrial landlords shall provide written disclosure to prospective and current tenants of the…
   • § 26142 (a) Any tenant of a commercial or industrial real property who knows that mold is present in the building, heating system, ventilating or air-conditioning…
   • § 26143 (a) Commercial and industrial landlords, who know or have notice that mold is present in the building, heating system, ventilating or air-conditioning system,…
   • § 26144 The requirements of this article shall not apply to properties where the tenant is contractually responsible for maintenance of the property, including any…
   • § 26145 (a) Any tenant of a commercial or industrial real property who knows or is informed that mold is present in the building, heating system, ventilating or…
   • § 26146 (a) A public entity that owns, leases, or operates a building shall provide written disclosure to all building occupants and prospective tenants as specified…
   • § 26147 (a) Subject to subdivisions (b), (d), and (e), residential landlords shall provide written disclosure to prospective and current tenants of the affected units…
   • § 26148 (a) Residential landlords shall provide written disclosure to prospective tenants of the potential health risks and the health impact that may result from…
   • § 26149 (a) Nothing in this article shall relieve a seller, transferor, lessor, agent, landlord, or tenant from any responsibility for compliance with other…
   • § 26150 (a) Nothing in this article shall affect the existing obligations of the parties or transferor to a real estate contract, or their agents, to disclose any…
   • § 26151 The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law, or…
   • § 26152 All items subject to disclosure requirements pursuant to this article shall be subject to enforcement pursuant to Article 5 (commencing with Section 26154).
   • § 26153 Neither the transferor nor any listing or selling agent shall be held liable for any error, inaccuracy, or omission of any information delivered pursuant to…
5. ARTICLE 5. Enforcement §§ 26154–26155 · 2 sections

   • § 26154 Public health officers, code enforcement officers, environmental health officers, city attorneys, and any other appropriate government entities may respond to…
   • § 26155 After the State Department of Health Services, pursuant to administrative law procedures, submits the proposed regulations developed pursuant to this chapter,…
6. ARTICLE 6. Implementation §§ 26156–26157 · 2 sections

   • § 26156 This chapter shall be implemented only to the extent that the department determines that funds are available for the implementation of this chapter.
   • § 26157 (a) The department may receive voluntary contributions to support the department’s activities in providing guidance, developing standards and guidelines and…