1. (a) Record retention. Records and documents required by this section shall be retained for the time specified in subsection (b)(2) for mold remediation companies and contractors, subsection (c)(2) for mold assessment companies and consultants, subsection (d) for mold analysis laboratories, and subsection (e)(1) for training providers.

   1. (1) Records and documents shall be made available for inspection by the department or the department's representative or designee or any law enforcement agency immediately upon request.
   2. (2) Licensees and accredited training providers who cease to do business shall notify the department in a manner specified by the department at least 30 calendar days before such event to advise how they will maintain all records during the minimum three- or five-year retention period. The department, upon receipt of such notification and at its option, may provide instructions for how the records shall be maintained during the required retention period. A licensee or accredited person shall notify the department that it has complied with the department's instructions within 30 calendar days after their receipt or make other arrangements approved by the department. Failure to comply may result in disciplinary action.

2. (b) Mold remediation companies and contractors. A licensed mold remediation company shall maintain the records listed in paragraphs (1) and (2) for each mold remediation project performed by the company and the records listed in paragraph (4) for each remediation worker training session provided by the company. A licensed mold remediation contractor not employed by a company shall personally maintain the records listed in paragraphs (1) and (2) for each mold remediation project performed by the contractor and the records listed in paragraph (4) for each remediation worker training session provided by the mold remediation contractor.

   1. (1) A licensed mold remediation contractor shall maintain the following records and documents on-site at the location of the mold-related activities at a project for its duration:

      1. (A) a current copy of the mold remediation work plan and all mold remediation protocols used in the preparation of the work plan; and
      2. (B) a listing of the names and license or registration numbers of all individuals working on the remediation project.

   2. (2) A licensed mold remediation company shall maintain the following records and documents at a central location at its Texas office for three years following the stop date of each project that the company performs. A licensed mold remediation contractor not employed by a company shall maintain the following records and documents at a central location at his or her Texas office for three years following the stop date of each project that the contractor performs:

      1. (A) a copy of the mold remediation work plan specified under paragraph (1)(A);
      2. (B) photographs of the scene of the mold remediation taken before and after the remediation;
      3. (C) the written contract between the mold remediation company or remediation contractor and the client, and any written contracts related to the mold remediation project between the company or contractor and any other party;
      4. (D) all invoices issued regarding the mold remediation; and
      5. (E) copies of all certificates of mold remediation issued by the company or contractor.
   3. (3) A remediation contractor or company may maintain the records required under paragraphs (1) and (2) in an electronic format. A remediation contractor or company who maintains the required records in an electronic format must provide paper copies of records to a department inspector during an inspection if requested to do so by the inspector.
   4. (4) A licensed mold remediation contractor or licensed mold remediation company that provides mold remediation worker training to meet the requirements under §78.68(d) shall maintain copies of the required training documents at a central location at its Texas office.

3. (c) Mold assessment companies and consultants.

   1. (1) A licensed mold assessment company shall maintain the following records and documents at a central location at its Texas office for the time period required under paragraph (2) for each project that the company performs. A licensed mold assessment consultant not employed by a company shall maintain the following records and documents at a central location at his or her Texas office for the time period required under paragraph (2) for each project that the contractor performs:

      1. (A) the name and mold credential number of each of its employees who worked on the project and a description of each employee's involvement with the project;
      2. (B) the written contract between the mold assessment company or consultant and the client;
      3. (C) all invoices issued regarding the mold assessment;
      4. (D) copies of all laboratory reports and sample analyses;
      5. (E) copies of all photographs required under §78.140;
      6. (F) copies of all mold remediation protocols and changes prepared as a result of mold assessment activities; and
      7. (G) copies of all passed clearance reports issued by the company or consultant.

   2. (2) For each project, a licensed mold assessment company or consultant shall maintain all the records listed in paragraph (1) until:

      1. (A) the company or consultant issues a mold assessment report, management plan, or remediation protocol to a client, if the company or consultant performs only the initial assessment for the project; or
      2. (B) the company or consultant issues the final status report to the client, if a final status report is issued; or
      3. (C) the company or consultant provides the signed Certificate of Mold Damage Remediation to a mold remediation contractor or company, if a Certificate of Mold Damage Remediation is provided.
4. (d) Mold analysis laboratories. A licensed mold analysis laboratory shall maintain copies of the results, including the sample identification number, of all analyses performed as part of a mold assessment or mold remediation for three years from the date of the sample analysis.

5. (e) Training providers. Accredited training providers shall comply with the following record-keeping requirements. The training provider shall maintain the records in a manner that allows verification of the required information by the department or the department's representative or designee.

   1. (1) The training provider shall maintain records for at least five years from the date of each training course.
   2. (2) A training provider may maintain the records required under paragraph (1) in an electronic format. A training provider who maintains the required records in an electronic format must provide paper copies of records to a department inspector during an inspection if requested to do so by the inspector.

Source Note:The provisions of this §78.74 adopted to be effective November 1, 2017, 42 TexReg 4619.