An Act To Implement the Recommendations of the Working Group Studying Mold in Buildings
Maine Legislature, Session 123, LD 1903
Committee: Natural Resources
Amends: 10 MRSA §1487, 10 MRSA §9701, 14 MRSA §6021, 22 MRSA §454

Legislative Document 
No. 1903 
H.P.1337 
House of Representatives, May 9, 2007 
An Act To Implement the Recommendations of the Working Group 
Studying Mold in Buildings 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Resolve 2005, chapter 174, section 4. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
~1J?~ 
MllLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRS A c. 217-A is enacted to read: 
CHAPTER 217-A 
MOLD ASSESSMENT AND REMEDIATION SERVICES 
§1480. Disclosure statement required 
A person may not provide both mold assessment and remediation services on a 
building project unless the person has provided to the owner of the building or the 
owner's agent a signed disclosure statement regarding the potential for conflict of interest 
in providing both mold assessment and remediation services. 
For purposes of this 
section, "person" means an individual, a partnership, a corporation or any other legal 
entity. 
Sec. 2. 
MRS A §1487, sub-§13, as enacted by PL 2005, c. 619, §3 and 
affected by §6, is amended to read: 
13. Consumer protection information. As an addendum to the contract, a copy of 
the Attorney General's consumer protection information on home construction and repair, 
which includes information on contractors successfully sued by the State, as provided on 
the Attorney General's publicly accessible website; and 
Sec. 3. 10 MRSA §1487, sub-§14, as enacted by PL 2005, c. 619, §4 and 
affected by §6, is amended to read: 
14. Attorney General's publicly accessible website. A clear and conspicuous 
notice that states that consumers are strongly advised to visit the Attorney General's 
publicly accessible website to gather current information on how to enforce their rights 
when constructing or repairing their homes, as well as the Attorney General's publicly 
accessible website address and telephone number.,. ; and 
Sec.4. 10 MRSA §1487, sub-§15 is enacted to read: 
15. Training and certifications. Any training received and certifications held by 
the person supervising the building, remodeling or repair. 
Sec. 5. 10 MRSA §9701, sub-§I, as enacted by PL 2003, c. 580, §1, is amended 
to read: 
1. Maine Model Building Code. 
Except as provided in section 9703, "Maine 
Model Building Code" includes: 
A. 
The 2003 version of the International Residential Code; and 
B. 
The 2003 version ofthe International Building Code.,. ; and 
C. The following mandatory moisture control provisions: 
(1) 
Mandatory placement of flashing around all doors and windows in 
accordance with the door and window manufacturer's installation instructions; 
(2) Mandatory insulating and waterproofing of basement concrete; and 
(3) Mandatory placement of vapor diffusion retarders. 
Sec.6. 14 MRSA §6021, sub-§8 is enacted to read: 
8. Landlord-tenant mold dispute mediation. The mold dispute resolution program 
is established to provide tenants with a prompt, independent and inexpensive forum for 
mediation of disputes concerning mold or excess moisture in rental properties. 
A. The Court Alternative Dispute Resolution Service created in Title 4, section 18-B 
shall provide mediation services under this subsection. 
The Court Alternative 
Dispute Resolution Service shall: 
(1) Assign mediators under this subsection who are knowledgeable in residential 
building construction; 
(2) Establish a simple and expedient application process; and 
(3) Establish a fee for services in an amount not to exceed $85 for every 2 hours 
of mediation services provided. The tenant is responsible for the costs of the first 
hours of mediation and for the costs of providing notice as required under this 
subsection. 
B. Before a tenant may apply for mediation under this subsection the tenant must: 
(1) Make a complaint to the landlord of the dwelling unit regarding mold or 
excessive moisture in the dwelling unit; and 
(2) Submit a claim in writing to the landlord or the person who customarily 
collects rent on behalf of the landlord, afford the landlord at least 10 business 
days to respond, and fail to reach a satisfactory agreement of settlement with the 
landlord within that time period. 
C. A tenant may apply for mediation under this subsection by: 
(1) Submitting to the Superior Court clerk all necessary fees at the time of 
application; and 
(2) Filing an application for mediation with the Superior Court clerk in the 
county in which the dwelling unit that is the subject of the conflict is located. 
The Superior Court clerk shall forward the application to the Court Alternative 
Dispute Resolution Service under Title 4, section 18-B. 
D. 
The mediator of a dispute under this subsection, whenever possible and 
appropriate, shall conduct the mediation in the county in which the dwelling unit that 
is the subject of the conflict is located and shall attempt to facilitate a solution to the 
dispute that is mutually acceptable to the tenant and landlord. 
E. The mediator of a dispute under this subsection is responsible for scheduling all 
mediation sessions. The mediator shall provide the names and addresses of the tenant 
and the landlord and a copy of the notice of the mediation schedule to the Superior 
Court clerk, who shall mail the notices. 
F. Participation in the mediation process under this subsection is mandatory for the 
landlord of the dwelling unit. 
G. 
The admissibility in court of conduct or statements made during mediation, 
including offers of settlement, is governed by the Maine Rules of Evidence, Rule 
408(a) for matters subsequently heard in a state court. 
H. A mediated agreement under this subsection must be in writing. The tenant and 
the landlord must sign the agreement as participants and the mediator must sign as 
the mediator. 
I. Within 90 days after a tenant files an application for mediation under paragraph C, 
the mediator shall file a report with the Superior Court clerk. 
The report must 
contain: 
(1) The names ofthe mediation participants; 
(2) The nature of any agreements reached during the course of mediation and 
what further action is required of any person; 
(3) The nature of any issues remaining unresolved and the mediation participants 
involved in those unresolved issues; and 
(4) A copy of any written agreement under paragraph H. 
J. The terms of a mediated agreement under this subsection are enforceable in the 
Superior Court. If the parties .iil to reach a mediated settlement, a party may file an 
appropriate civil action for remedies in accordance with applicable law. 
Sec. 7. 22 MRSA §454, suh-§l, as ..;nacted by PL 1997, c. 387, §l and amended 
by PL 2003, c. 689, Pt. B, §7, is further amended to read: 
1. Reporting; action on complaints. In a book kept for that purpose, the local 
health officer shall make and keep a record of all the proceedings, transactions, doings, 
orders and regulations of that local health officer. The local health officer shall assist in 
the reporting, prevention and suppression of diseases and conditions dangerous to health, 
and that local health officer is subject to the supervision and direction of the department. 
The local health officer shall report promptly to the Commissioner of Health and Human 
Services, or the commissioner's designee, facts that relate to communicable diseases 
occurring within the limits of the health officer's jurisdiction, and shall report to the 
commissioner, or the commissioner's designee, every case of communicable disease as 
the rules of the department require. Those diseases that the rules of the department may 
require to be reported are known, under the terms of this Title, as notifiable diseases. 
The local health officer shall receive and evaluate complaints made by any of the 
inhabitants concerning nuisances posing a potential public health threat and complaints 
made by tenants concerning issues with mold or excess moisture within the limits of the 
health officer's jurisdiction. With the consent of the owner, agent or occupant, the local 
health officer may enter upon or within any place or premises where nuisances or 
conditions posing a public health threat or where mold or excess moisture issues are 
known or believed to exist, and personally, or by appointed agents, inspect and examine 
the same. If entry is refused, the municipal health officer shall apply for an inspection 
warrant from the District Court, pursuant to Title 4, section 179, prior to conducting the 
inspection. When the local health officer has reasonable cause to suspect the presence of 
a communicable disease, the local health officer shall consult with the commissioner, or a 
designee. The health officer shall then order the suppression and removal of nuisances 
and conditions posing a public health threat found to exist within the limits of the health 
officer's jurisdiction. For purposes of this section, "public health threat" means any 
condition or behavior that can reasonably be expected to place others at significant risk of 
exposure to infection with a communicable disease. 
Sec. 8. 22 MRS A §1695-A is enacted to read: 
§1695-A. Review and recommendation of mold guidelines and standards 
The Maine Center for Disease Control and Prevention shall review and recommend 
guidelines and standards for: 
1. Mold assessment. The assessment of mold contamination in buildings in the 
State; 
2. Mold remediation. The remediation of mold contamination from buildings in the 
State; 
3. Education. The education and certification of mold assessment and remediation 
professionals; and 
4. Worker protection. Protection of workers from mold contamination. 
In recommending guidelines and standards pursuant to this section, the Maine Center 
for Disease Control and Prevention shall give preference to accredited standards of the 
American National Standards Institute, independent 3rd-party certifications and federal 
guidelines and shall consider strategies to communicate the availability of the information 
to professionals and members of the general public. 
Sec. 9. 35-A MRS A §121, sub-§l, as enacted by PL 2003, c. 645, §6, is amended 
to read: 
1. Development; rules. The commission shall adopt by rule a model building 
energy code, including a ventilation code, that is consistent with any other model building 
codes adopted by the State and with the building energy standards established in Title 10, 
section 1415-C, subsection 3 and section 1415-D. The model building energy code must 
include mandatory moisture control provisions, including mandatory placement of 
flashing around all doors and windows in accordance with the door and window 
manufacturer's installation instructions and mandatory insulating and waterproofing of 
basement concrete. The commission shall ensure that the model code is not inconsistent 
with any other applicable state code or standard, including, but not limited to, any fire 
safety code, plumbing code, oil and solid fuel equipment standard, propane and natural 
gas equipment standard or boiler and pressure vessel standard. 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF 
Consumer Protection Division 
Initiative: Establishes one Attorney General Detective position to support investigation 
of complaints related to substandard construction and renovation and mold assessment 
and remediation practices. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Maine Center for Disease Control and Prevention 
2007-08 
$78,442 
$10,480 
$88,922 
2008-09 
$82,805 
$8,480 
$91,285 
Initiative: Establishes one Comprehensive Health Planner I position in the Maine Center 
for Disease Control and Prevention to address mold issues in the State, including, but not 
limited to, reviewing and recommending guidelines, standards and certification and 
providing ongoing education and response to public concerns regarding mold. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2007-08 
$45,810 
$25,000 
$70,810 
2008-09 
$64,134 
$25,000 
$89,134 
This bill implements recommendations of the working group created pursuant to 
Resolve 2005, chapter 174 to study mold in buildings. Specifically, the bill: 
1. 
Requires home construction contracts to contain the training received and 
certifications held by project supervisors; 
2. Requires disclosure of the potential for conflict of interest if mold assessment and 
remediation services are provided by the same person or company; 
3. Adds mandatory moisture control provisions to the Maine Model Building Code 
and the Maine model building energy code; 
4. Establishes a mandatory mediation program for mold or excess moisture disputes 
between tenants and landlords; 
5. 
Authorizes local health officers to evaluate complaints made by tenants 
concerning issues with mold or excess moisture; 
6. 
Directs the Maine Center for Disease Control and Prevention to review and 
recommend guidelines and standards regarding assessment and remediation of mold; and 
7. Establishes one position in the Department of the Attorney General, Consumer 
Protection Division to support investigations of complaints related to substandard 
construction, renovation and mold assessment and remediation practices. 
It also 
establishes one position in the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention to support the reviewing and recommending of 
guidelines and standards in connection with mold in buildings in the State and to provide 
education and response to public concerns regarding mold.