Mold Assessment and Remediation

2025-2026 Bill 5109: Mold Assessment and Remediation - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5109
STATUS INFORMATION
General Bill
Sponsors: Reps. Rankin, Gilliam, Haddon, Hardee, Teeple, Bowers, B. Newton, Wickensimer, Robbins, Pedalino, Gatch, Gagnon, Herbkersman, Hiott and Willis
Document Path: LC-0621WAB26.docx
Introduced in the House on February 5, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: Mold Assessment and Remediation
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/5/2026

House

Introduced and read first time (
House Journal-page 14
)

2/5/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 14
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/05/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER
32 TO TITLE 40 SO AS TO REQUIRE THE CERTIFICATION OF MOLD ASSESSMENT PROVIDERS
AND MOLD REMEDIATION PROVIDERS, TO CREATE THE SOUTH CAROLINA MOLD ASSESSMENT
AND REMEDIATION BOARD, AND TO PROVIDE REQUIREMENTS FOR CERTIFICATION,
OVERSIGHT, INVESTIGATION, DISCIPLINE, PENALTIES, EXEMPTIONS, AND TRANSITION
PROVISIONS, AMONG OTHER THINGS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
T
itle 40 of the S.C. Code is amended by adding:

C
HAPTER 32

M
old Assessment and Remediation Certification

S
ection
40-32-110
.
A
s used in this chapter:

(
1)
"Board" means the South Carolina Mold Assessment and Remediation Board.

(
2)
"Department" means the South Carolina Department of Labor, Licensing and
Regulation.

(
3)
"Mold" means any fungi or fungal growth capable of causing adverse health
effects or structural damage.

(
4)
"Mold assessment" means the inspection, sampling, monitoring, or evaluation of
mold growth or mold contamination in a structure.

(
5)
"Certified mold assessor" means a person certified under this chapter to
perform mold assessments.

(
6)
"Mold remediation" means the removal, cleaning, sanitizing, demolition, or
other treatment of mold or mold-contaminated materials greater than ten square
feet that was not purposely grown at that location.

(
7)
"Certified mold remediator" means a person certified under this chapter to
perform mold remediation.

(
8)
"Structure" means any residential or nonresidential building.

S
ection
40-32-120
. A person may not perform, offer to perform, or hold himself out as
qualified to perform mold assessment or mold remediation services for
compensation in this State, or use the title "certified mold assessor,"
"certified mold remediator," or any similar designation, unless certified
pursuant to this chapter.

S
ection
40-32-130
.
(
A) The department shall
administer and enforce this chapter and, in consultation with the board, may
promulgate regulations necessary to implement this chapter, including
procedures for application, fees, examinations, certification renewal,
continuing education, and standards of professional conduct.

(
B)
Certification issued under this chapter is a professional certification and
does not constitute licensure. Nothing in this chapter may be construed to
grant authority beyond the scope expressly provided herein or to supersede
other licensure requirements imposed by law.

S
ection
40-32-140
.
(
A) There is created the
South Carolina Mold Assessment and Remediation Board, which is established
within the department.

(
B)
The board consists of seven members appointed by the Governor as follows:

(
1)
two certified mold assessors;

(
2)
two certified mold remediators;

(
3)
one professional engineer or architect with building science experience;

(
4)
one member of the general public not regulated under this chapter; and

(
5)
one member with experience in environmental health or industrial hygiene.

(
C)
Members must be residents of this State and may not have an unresolved
disciplinary action pending against any professional credential.

(
D)
Members shall serve terms of four years and until their successors are
appointed and qualify. Initial terms must be staggered.

(
E) A
member may be removed pursuant to Section
1-3-240
.

S
ection
40-32-150
.
T
he board shall:

(
1)
advise the department on certification qualifications, examinations, and
professional standards;

(
2)
review and make recommendations regarding regulations proposed under this
chapter;

(
3)
review applications for certification and recommend approval or denial to the
department;

(
4)
conduct hearings and make findings of fact in disciplinary matters;

(
5)
recommend disciplinary action, including suspension, revocation, restriction,
or conditioning of certification;

(
6)
establish ethical and professional practice standards consistent with this
chapter; and

(
7)
perform other duties necessary to carry out the purposes of this chapter.

S
ection
40-32-160
.
(
A) The board shall
elect a chair and other officers annually.

(
B) A
majority of the members constitutes a quorum.

(
C)
The board shall meet at least twice annually and at other times as necessary.

(
D)
Members may receive per diem, mileage, and subsistence as provided by law.

S
ection
40-32-170
.
(
A) The board, in
conjunction with the department, may investigate alleged violations of this
chapter, regulations promulgated pursuant to this chapter, or orders issued by
the department or board.

(
B)
For purposes of investigations, the board and department have the same powers
as provided in Sections
40-23-120
through
40-23-230
, excluding Section
40-23-220
, including:

(
1)
receiving and investigating complaints;

(
2)
initiating investigations on their own motion;

(
3)
requiring written responses from applicants or certificate holders;

(
4)
administering oaths and affirmations;

(
5)
issuing subpoenas to compel attendance of witnesses and production of
documents; and

(
6)
seeking enforcement of subpoenas through the circuit courts.

(
C)
Investigations may be conducted by the department, board members, or designated
agents of the department.

S
ection
40-32-180
.
(
A) Complaints,
investigatory materials, and information obtained during an investigation are
confidential and exempt from disclosure until the investigation is completed or
a formal disciplinary proceeding is initiated.

(
B)
Upon completion of an investigation resulting in formal action, records must be
made available in accordance with the law.

(
C)
Nothing in this section prevents sharing investigatory information with law
enforcement or other regulatory agencies.

S
ection
40-32-190
.
(
A) When an
investigation indicates reasonable cause to believe a violation has occurred,
the department, upon recommendation of the board, may initiate disciplinary
proceedings.

(
B)
Hearings must be conducted in accordance with the Administrative Procedures
Act.

(
C)
The board may conduct hearings, receive evidence, make findings of fact, and
submit recommended orders to the department.

S
ection
40-32-200
.
(
A) The board or
department may issue subpoenas requiring attendance of witnesses and production
of books, records, documents, or other evidence.

(
B)
If a person refuses to comply, the board or department may apply to the circuit
court for an order compelling compliance.

S
ection
40-32-210
.
(
A) The department may
assess against a person found in violation the reasonable costs of
investigation and prosecution.

(
B)
Costs are recoverable as a civil debt owed to the State.

S
ection
40-32-220
.
(
A) If a person engages
in mold assessment or remediation in violation of this chapter, the department
may issue a cease-and-desist order.

(
B) A
person subject to the order may request a hearing pursuant to the
Administrative Procedures Act.

S
ection
40-32-230
.
(
A) The department may
apply to a court for injunctive relief to restrain or prevent violations of
this chapter or regulations.

(
B)
Injunctive relief may be sought in addition to or in lieu of other remedies.

S
ection
40-32-240
.
(
A) As a condition of
certification renewal, a certified mold assessor or certified mold remediator
must complete continuing education as required by regulation.

(
B)
The board shall recommend to the department a code of ethics and standards of
professional conduct. A certified individual must comply with the code, perform
services within the scope of certification, avoid conflicts of interest, and
act with honesty and integrity.

(
C)
Failure to comply with continuing education requirements or the code of ethics
constitutes grounds for disciplinary action.

S
ection
40-32-250
.
A
n applicant for certification as a
certified mold assessor or certified mold remediator must:

(
1)
be at least eighteen years of age;

(
2)
be of good moral character;

(
3)
meet education or experience requirements established by regulation;

(
4)
complete department-approved training applicable to the certification sought;

(
5)
pass an examination approved by the department; and

(
6)
maintain insurance as required by Section
40-21-300
.

S
ection
40-32-260
.
(
A) A certified mold
assessor may not perform mold remediation on a structure for which the assessor
performed a mold assessment within the preceding twelve months.

(
B) A
certified mold remediator may not perform remediation on property in which the
remediator or employer has a financial interest.

(
C) A
certified mold assessor or remediator may not:

(
1)
offer or accept referral fees or kickbacks;

(
2)
perform services outside the scope of certification;

(
3)
make false, deceptive, or misleading representations; or

(
4)
perform services without required training or insurance.

S
ection
40-32-270
. Nothing in this chapter authorizes work requiring other
certification or licensure unless separately authorized by law.

S
ection
40-32-280
.
(
A) A certified mold
assessor or remediator shall maintain general liability insurance of at least
one million dollars per occurrence, including mold-related claims.

(
B)
Proof of insurance must be maintained and produced upon request.

S
ection
40-32-290
.
(
A) Mold remediation
must be performed under a written or electronic contract authenticated by the
parties.

(
B)
The contract must include:

(
1)
a description of services;

(
2)
the total cost or compensation method;

(
3)
the certification number of the remediator; and

(
4)
a statement that services comply with this chapter.

S
ection
40-32-300
.
(
A) The department, upon
recommendation of the board, may deny, suspend, revoke, restrict, or condition
a certification or impose civil penalties for violations.

(
B)
Grounds include fraud, gross negligence, incompetence, misrepresentation,
violation of this chapter, or failure to maintain required insurance.

S
ection
40-32-310
.
(
A) A person knowingly
violating this chapter or regulations is guilty of a misdemeanor and may be
fined up to five thousand dollars, imprisoned up to one year, or both.

(
B)
Each day of uncertified practice constitutes a separate offense.

S
ection
40-32-320
.
T
his chapter does not apply to:

(
1)
a property owner performing mold remediation on property they own or occupy;

(
2)
an employee acting under direct supervision of a certified mold assessor or
remediator; or

(
3)
a person authorized under other state laws who does not hold out as certified.

S
ection
40-32-330
.
(
A) Persons actively
engaged in mold assessment or remediation on the effective date may apply for
certification without examination if submitted within twelve months.

(
B)
The department, in consultation with the board, shall establish criteria by
regulation, including proof of experience, training, and insurance.

(
C)
After the transition period, all applicants must comply with standard
requirements.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 5, 2026 at 11:00 AM