South Carolina H 5109: Mold Assessment and Remediation

Bill Text

2025-2026 Bill 5109 Text of Previous Version (Feb. 05, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5109

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Title 40 of the S.C. Code is amended by adding:

CHAPTER 32

Mold Assessment and Remediation Certification

 Section 
40-32-110. As 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.

 Section 
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.

 Section 
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.

 Section 
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.

 Section 
40-32-150. The 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.

 Section 
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.

 Section 
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 de