CA Health & Safety Code Section 26105


(a)

The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt practical standards to assess the health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment.

(b)

The department shall adopt assessment standards for molds that do the following:

(1)

Protect the public’s health.

(2)

Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility when it adopts assessment standards.

(3)

Utilize and include the latest scientific data or existing standards for the assessment of molds adopted by authoritative bodies.

(4)

Develop standards that target the general population.

(5)

The department shall ensure that air or surface testing is not required to determine whether the presence of mold constitutes a health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment.

(c)

The department shall consider all of the following criteria when it adopts standards for the assessment of molds in indoor environments:

(1)

The adverse health effects of exposure to molds on the general population, including specific effects on members of subgroups that comprise a meaningful portion of the general population, which may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, immune compromised individuals, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to molds.

(2)

The standards for assessment of molds, if any, adopted by authoritative bodies.

(3)

The technological and economic feasibility of compliance with the proposed permissible exposure limit for molds. For the purposes of determining economic feasibility pursuant to this paragraph, the department shall consider the costs of compliance to tenants, landlords, homeowners, and other affected parties.

(4)

Any toxicological studies or additional scientific evidence.

(d)

The department shall report to the Legislature on its progress in developing the assessment standards for molds by July 1, 2003.
Last Updated

Aug. 19, 2023

§ 26105’s source at ca​.gov