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California is the first state to enact toxic mold legislation.
California’s Toxic Mold Protection Act of 2001 (TMPA), codified at Cal.
Health & Safety Code § 26100- 26156 and Cal. Civ.Code § 1102.6 (real
property disclosure provision), went into effect Jan. 1, 2002.
The goal of the TMPA is to develop permissible exposure limits
for toxic molds, if feasible, and to set standards for the remediation of
toxic mold. To achieve this, a taskforce comprised of all stakeholders will be
created.
Section 26147 of TMPA requires
residential landlords with knowledge or
notice of mold in the building to provide written disclosure to both
prospective and current tenants of unaffected units of the presence of mold.
Pursuant to Section 26143, commercial and industrial landlords with knowledge
of or notice of the presence of mold in the building have an affirmative duty,
within a reasonable period of time, to remediate it.
The law requires any person who sells or transfers real property to
likewise disclose the presence of mold to prospective purchasers. Landlords
and sellers are not required to conduct testing to ascertain whether the PELs
have been met. However, there is an exemption on the disclosure requirement
once remediation pursuant to the guidelines promulgated by the California
Department of Health Services under Section 26130 is achieved.
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How do I get rid
of mold? It is
impossible to get rid of all mold and mold spores indoors; some mold
spores will be found floating through the air and in house dust.
The mold spores will not grow if moisture is not present. Indoor
mold growth can and should be prevented or controlled by controlling
moisture indoors. If there is mold growth in your home, you must
clean up the mold and fix the water problem. If you clean
up the mold, but don't fix the water problem, then, most likely, the
mold problem will come back.
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Use the search box to find more mold information or a service in your
area. Example: Texas Mold Removal or New Jersey Mold
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