Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this chapter shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Accredited training
				program--A training program that has been accredited by the department to
				provide training for persons seeking licensure or registration under this
				chapter.
(2) Act--The Texas
				Occupations Code, Chapter 1958, concerning mold assessment and
				remediation.
(3) Allied field--Mold
				assessment, mold remediation, and any field whose principles and practices are
				applicable to mold assessment or mold remediation, including asbestos
				abatement, lead abatement, industrial hygiene, building sciences, public
				health, and environmental remediation.
(4) Assessor--A person who conducts mold
				assessment as defined in this section and who is licensed under this chapter as
				a mold assessment technician, mold assessment consultant, or mold assessment
				company.
(5) Building sciences--The
				field of study covering the design, construction, management, and performance
				of building systems, including structures, enclosures, electrical and
				mechanical systems, environmental systems (such as temperature and moisture
				control), safety systems (such as fire suppression and alarms), lighting,
				acoustics, and diagnosis and correction of problems with building
				systems.
(6) Certificate of Mold
				Damage Remediation--A certificate adopted by the Texas Department of Insurance,
				commonly referred to as Certificate of Mold Damage Remediation and Form
				MDR-1.
(7) Commission--The Texas
				Commission of Licensing and Regulation.
(8) Consumer Mold Information Sheet--A
				document prepared and made available by the department that describes the
				persons who are required to be licensed under this chapter and provides
				information on mold assessment and mold remediation, including how to contact
				the department for more information or to file a complaint.
(9) Containment--A component or enclosure
				designed or intended to control the release of mold or mold-containing dust or
				materials into surrounding areas in the building. The broad category of
				containment includes such sub-categories as walk-in containment, surface
				containment (such as plastic sheeting), and containment devices (such as
				wall-mounted glove boxes).
(10)
				Containment area--An area that has been enclosed to control the release of mold
				or mold-containing dust or materials into surrounding areas.
(11) Contiguous--In close proximity;
				neighboring.
(12) Contiguous square
				feet--See "Total surface area of contiguous square feet."
(13) Credential--A license, registration, or
				accreditation issued under this chapter.
(14) Department--The Texas Department of
				Licensing and Regulation.
(15)
				Employee--An individual who is paid a salary, wage, or remuneration by another
				person or entity for services performed and over whom the person or entity
				exerts supervision or control as to the place, time, and manner of the
				individual's work. A contractor or subcontractor who is performing work under a
				contractual agreement with a person is not an employee of the person unless the
				agreement specifies otherwise.
(16)
				Executive director--The executive director of the department.
(17) Facility--Any institutional, commercial,
				public, governmental, industrial or residential building.
(18) Indoor air--Air within the envelope of a
				building, including air in spaces normally occupied by persons in the building
				but excluding air in attics and crawl spaces that are vented to the outside of
				the building.
(19) Indoor
				mold--Mold contamination that was not purposely grown or brought into a
				building and that has the potential to affect the indoor air quality of the
				building.
(20) License--Any license
				issued under this chapter. The term "license" does not include a registration,
				accreditation, or approval issued under this chapter.
(21) Mold--Any living or dead fungi or
				related products or parts, including spores, hyphae, and mycotoxins.
(22) Managing agent--A company or individual
				that manages a residential or commercial building for an owner.
(23) Mold analysis--The examination of a
				sample collected during a mold assessment for the purpose of:
(A) determining the amount or presence of, or
				identifying the genus or species of, any living or dead mold or related parts
				(including spores and hyphae) present in the sample; or
(B) growing or attempting to grow fungi for
				the purposes of subparagraph (A); or
(C) identifying or determining the amount or
				presence of any fungal products, including but not limited to mycotoxins and
				fungal volatile organic compounds, present in the sample.