A Bill for an Act
Page 1, Line 101Concerning measures to address mold in indoor
Page 1, Line 102environments, and, in connection therewith, enacting
Page 1, Line 103the "Mold Awareness and Registration Act".
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 1 of the bill enacts the "Mold Awareness and Registration Act", which requires the department of public health and environment (department) to establish a public awareness campaign (campaign) to assist the public in understanding the health dangers of mold and the importance of removing mold from indoor environments.
The department is directed to establish the campaign, and the state board of health is directed to adopt rules governing the campaign. As part of the campaign, the department is required to:
- Inform the public on the health dangers of mold;
- Provide the public with contact information for organizations or government agencies that can provide further information relating to the health effects of mold, mold testing methods, or accredited industry standards for mold remediation; and
- Every 5 years, perform a review of the technology or treatment techniques for mold identification and remediation that protect public health and safety.
- A warning statement about the health dangers of mold;
- Any knowledge the seller or landlord has of the residential real property's mold concentrations and history, including assessments performed, reports written, and mitigation or remediation conducted; and
- The most recent brochure published by the department that provides information about the health dangers of mold in indoor environments.
Section 1 also requires the executive director of the department to issue a registration to a person that provides mold remediation or assessment services in the state if the person applies for registration and provides evidence of an active third-party remediation or assessment certification, as well as evidence of financial responsibility. The executive director is required to maintain on the department's website a public database of all persons that have been issued a registration.
Sections 2 and 3 require a contract to sell residential real property to contain, and a landlord of residential real property to provide to prospective tenants, in writing:
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 26 to article 4 of title 25 as follows:
Page 2, Line 3PART 26
MOLD AWARENESS AND REGISTRATION ACT
Page 2, Line 425-4-2601. Short title.The short title of this part 26 is the "Mold Awareness and Registration Act".
Page 2, Line 525-4-2602. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 1(a) The World Health Organization states that those
Page 3, Line 2living in damp and moldy buildings face an increased risk of
Page 3, Line 3respiratory health issues, including severe health conditions such as asthma;
Page 3, Line 4(b) Excessive indoor dampness and mold in buildings is a
Page 3, Line 5widespread problem that warrants action at the local, state, and national levels;
Page 3, Line 6(c) Because of the possible health effects of exposure to
Page 3, Line 7mold in buildings and the prevalence of Colorado homes with
Page 3, Line 8mold, it is imperative that Colorado residents be aware of the
Page 3, Line 9dangers of mold and the need for proper assessment and remediation of indoor environments affected by mold; and
Page 3, Line 10(d) There is a need to establish a public awareness
Page 3, Line 11campaign in the state to educate the public on the health
Page 3, Line 12dangers of mold and to identify parties performing mold remediation or assessment in the state.
Page 3, Line 1325-4-2603. Definitions.As used in this part 26, unless the context otherwise requires:
Page 3, Line 14(1) "ANSI/IICRC S520 standard" means the American
Page 3, Line 15National Standards Institute/Institute of Inspection, Cleaning
Page 3, Line 16and Restoration Certification S520 Standard for Professional Mold Remediation.
Page 3, Line 17(2) "Board" means the state board of health created in section 25-1-103.
Page 3, Line 18(3) "Department" means the department of public health
Page 3, Line 19and environment created in section 25-1-102.
Page 4, Line 1(4) "Executive director" means the executive director of the department or the executive director's designee.
Page 4, Line 2(5) (a) "Mold" means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
Page 4, Line 3(b) "Mold" includes cladosporium, penicillium, alternaria,
Page 4, Line 4aspergillus, fusarium, trichoderma, memnoniella, mucor, chaetomium, and stachybotrys chartarum.
Page 4, Line 5(6) (a) "Mold assessment" means:
Page 4, Line 6(I) The inspection, investigation, or survey of a dwelling
Page 4, Line 7or other structure to provide information to the owner or
Page 4, Line 8occupant of the dwelling or other structure regarding the
Page 4, Line 9presence, identification, or evaluation of mold and water damage;
Page 4, Line 10(II) The development of a mold remediation protocol;
(III) Air quality testing to detect the presence of mold; or
Page 4, Line 11(IV) The collection of a mold sample for analysis.
Page 4, Line 12(b) "Mold assessment" does not include an inspection, an
Page 4, Line 13investigation, or a survey of a dwelling or other structure
Page 4, Line 14conducted by a mold remediator performing a preliminary determination.
Page 4, Line 15(7) "Mold remediation" means the timely and good faith
Page 4, Line 16effort to remove mold or mold-containment matter from a
Page 4, Line 17residential premises or dwelling unit and to mitigate any negative effect of the presence of mold.
Page 4, Line 18(8) "Preliminary determination" means an initial
Page 4, Line 19inspection of a dwelling or other structure, which inspection
Page 4, Line 20identifies areas of moisture intrusion and actual or potential
Page 5, Line 1mold growth and the need for assistance from other specialized experts.
Page 5, Line 2(9) "Third-party assessment certification" means a mold
Page 5, Line 3assessment certification offered by the American Council of
Page 5, Line 4Accredited Certification, or its successor organization, or any
Page 5, Line 5other national nonprofit organization that the department approves.
Page 5, Line 6(10) "Third-party remediation certification" means a mold
Page 5, Line 7remediation certification offered by the Institute of Inspection,
Page 5, Line 8Cleaning and Restoration Certification or its successor
Page 5, Line 9organization, the National Organization of Remediators and
Page 5, Line 10Microbial Inspectors or its successor organization, or any other national nonprofit organization that the department approves.
Page 5, Line 1125-4-2604. Powers and duties of department - public
Page 5, Line 12awareness campaign - rules. (1) The department shall, in
Page 5, Line 13consultation with appropriate agencies and organizations,
Page 5, Line 14establish a public awareness campaign to assist the public in
Page 5, Line 15understanding the health dangers of mold and the importance
Page 5, Line 16of removing mold from indoor environments. As part of the
Page 5, Line 17campaign and in accordance with rules adopted by the board under this part 26, the department shall:
Page 5, Line 18(a) Provide the public information, via brochures and
Page 5, Line 19through information posted on the department's website, on the
Page 5, Line 20health dangers of mold, including the potential toxic compounds that mold can emit and produce;
Page 5, Line 21(b) Provide, on the department's website, reference to and
Page 5, Line 22contact information for organizations or government agencies
Page 6, Line 1that can provide the public with information pertaining to the
Page 6, Line 2health effects of mold, mold testing methods, or accredited industry standards for the remediation of mold; and
Page 6, Line 3(c) Every five years, perform a review of the technology
Page 6, Line 4and treatment techniques for mold identification and
Page 6, Line 5remediation that protect the public health and safety and, as
Page 6, Line 6part of its review, include an examination of any new scientific
Page 6, Line 7evidence indicating that mold may present a greater health risk to the public than previously determined.
Page 6, Line 8(2) On or before January 1, 2026, the board shall,
Page 6, Line 9pursuant to article 4 of title 24, adopt rules as necessary for the implementation of this part 26.
Page 6, Line 1025-4-2605. Issuance of registration - database. (1) In
Page 6, Line 11accordance with rules adopted by the board under this part 26,
Page 6, Line 12the executive director shall issue an initial or a renewed
Page 6, Line 13registration to a person that provides mold remediation
Page 6, Line 14services or mold assessment services in the state if the person
Page 6, Line 15furnishes evidence satisfactory to the executive director that
Page 6, Line 16the person holds an active third-party remediation or
Page 6, Line 17assessment certification, as applicable, and provides evidence of financial responsibility.
Page 6, Line 18(2) The executive director shall maintain a database of
Page 6, Line 19all registrants, which database must be accessible to the public via the department's website.
Page 6, Line 2025-4-2606. Standard of care for mold remediation.Mold
Page 6, Line 21remediation shall be conducted in accordance with the fourth
Page 6, Line 22edition of the ANSI/IICRC S520 standard, or a successor
Page 7, Line 1publication. A violation of this section is enforceable only
Page 7, Line 2through a private right of action; except that the attorney
Page 7, Line 3general may, pursuant to section 38-12-512, initiate an
Page 7, Line 4enforcement action if the attorney general has cause to believe
Page 7, Line 5that a person, by violating this section, engaged in or is
Page 7, Line 6engaging in a violation of the warranty of habitability as described in section 38-12-503.
Page 7, Line 7SECTION 2. In Colorado Revised Statutes, add 38-35.7-113 as follows:
Page 7, Line 838-35.7-113. Disclosure - mold - definitions. (1) A buyer of
Page 7, Line 9residential real property has the right to be informed of whether the property has been assessed for mold.
Page 7, Line 10(2) (a) A contract of sale for residential real property
Page 7, Line 11must contain the following disclosure in bold-faced type in substantially the same form as is specified as follows:
Page 7, Line 12According to the Colorado department of public
Page 7, Line 13health and environment, exposure to a large
Page 7, Line 14number of mold spores may cause symptoms such
Page 7, Line 15as watery eyes, runny nose, sneezing, itching,
Page 7, Line 16coughing, wheezing, difficulty breathing,
Page 7, Line 17headache, and fatigue. Repeated exposure to
Page 7, Line 18mold can increase a person's sensitivity, causing
Page 7, Line 19more severe reactions. Sources of moisture may
Page 7, Line 20include: Flooding, damp basement or crawl space,
Page 7, Line 21leaky roof, leaky plumbing, humidifiers, poorly
Page 7, Line 22ventilated areas, or a clothes dryer that is
Page 7, Line 23vented indoors. For more information, please
Page 8, Line 1visit the website of the Colorado department of public health and environment.
Page 8, Line 2(b) A contract of sale for residential real property or
Page 8, Line 3seller's property disclosure for residential real property must contain the following disclosures:
Page 8, Line 4(I) Any knowledge the seller has of the presence of mold
Page 8, Line 5in the residential real property, including the following information:
Page 8, Line 6(A) Whether a mold assessment has been conducted on the residential real property;
Page 8, Line 7(B) The most recent records and reports pertaining to
Page 8, Line 8mold concentrations within the residential real property, if any; and
Page 8, Line 9(C) A description of any mold concentrations detected or mitigation or remediation performed; and
Page 8, Line 10(II) An electronic or paper copy of the most recent
Page 8, Line 11brochure published by the department of public health and
Page 8, Line 12environment in accordance with section 25-4-2604 (1)(a) that
Page 8, Line 13provides information about the health effects of mold in indoor environments.
Page 8, Line 14(3) As used in this section:
Page 8, Line 15(a) "Mold assessment" means air quality testing that is
Page 8, Line 16conducted as part of an inspection, investigation, or survey of
Page 8, Line 17a dwelling or other structure to provide information to the
Page 8, Line 18owner or occupant of the dwelling or other structure
Page 8, Line 19regarding the presence, identification, or evaluation of mold
Page 8, Line 20and water damage.
(b) "Residential real property" means:
Page 9, Line 1(I) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or
Page 9, Line 2(II) A home sold by the owner, a financial institution, or
Page 9, Line 3the United States department of housing and urban development.
Page 9, Line 4SECTION 3. In Colorado Revised Statutes, add 38-12-804 as follows:
Page 9, Line 538-12-804. Disclosure - mold - definitions. (1) A tenant that
Page 9, Line 6rents residential real property has the right to be informed of whether the property has been assessed for mold.
Page 9, Line 7(2) (a) Before obtaining a tenant's signature on a lease
Page 9, Line 8agreement for residential real property, the landlord shall
Page 9, Line 9disclose and provide in writing to the tenant the following information:
Page 9, Line 10(I) A warning statement in bold-faced type in substantially the same form as is specified as follows:
Page 9, Line 11According to the Colorado department of public
Page 9, Line 12health and environment, exposure to a large
Page 9, Line 13number of mold spores may cause symptoms such
Page 9, Line 14as watery eyes, runny nose, sneezing, itching,
Page 9, Line 15coughing, wheezing, difficulty breathing,
Page 9, Line 16headache, and fatigue. Repeated exposure to
Page 9, Line 17mold can increase a person's sensitivity, causing
Page 9, Line 18more severe reactions. Sources of moisture may
Page 9, Line 19include: Flooding, damp basement or crawl space,
Page 9, Line 20leaky roof, leaky plumbing, humidifiers, poorly
Page 10, Line 1ventilated areas, or a clothes dryer that is
Page 10, Line 2vented indoors. For more information, please
Page 10, Line 3visit the website of the Colorado department of public health and environment.
Page 10, Line 4(II) Any knowledge the landlord has of the presence of
Page 10, Line 5mold in the residential real property, including the following information:
Page 10, Line 6(A) Whether a mold assessment has been conducted on the residential real property;
Page 10, Line 7(B) The most recent records and reports pertaining to
Page 10, Line 8mold concentrations within the residential real property, if any; and
Page 10, Line 9(C) A description of any mold concentrations detected or mitigation or remediation performed; and
Page 10, Line 10(III) An electronic or paper copy of the most recent
Page 10, Line 11brochure published by the department of public health and
Page 10, Line 12environment in accordance with section 25-4-2604 (1)(a) that
Page 10, Line 13provides information about the health effects of mold in indoor environments.
Page 10, Line 14(b) The tenant shall acknowledge receipt of the
Page 10, Line 15information described in subsection (2)(a) of this section by signing the disclosure.
Page 10, Line 16(3) Nothing in this section:
Page 10, Line 17(a) Absolves a landlord from having to comply with the
Page 10, Line 18landlord's obligations set forth in section 38-12-503 regarding the warranty of habitability; or
Page 10, Line 19(b) Precludes a tenant from exercising one or more of the
Page 11, Line 1remedies available to the tenant pursuant to section 38-12-507
Page 11, Line 2in response to a breach of the warranty of habitability as set forth in section 38-12-503.
Page 11, Line 3(4) As used in this section:
Page 11, Line 4(a) "Mold assessment" means air quality testing that is
Page 11, Line 5conducted as part of an inspection, investigation, or survey of
Page 11, Line 6a dwelling or other structure to provide information to the
Page 11, Line 7owner or occupant of the dwelling or other structure
Page 11, Line 8regarding the presence, identification, or evaluation of mold and water damage.
Page 11, Line 9(b) "Residential real property" means:
Page 11, Line 10(I) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or
Page 11, Line 11(II) A home sold by the owner, a financial institution, or
Page 11, Line 12the United States department of housing and urban development.
Page 11, Line 13SECTION 4. Act subject to petition - effective date. Sections
Page 11, Line 1438-35.7-113 and 38-12-804, Colorado Revised Statutes, as enacted in
Page 11, Line 15sections 2 and 3 of this act, respectively, take effect January 1, 2026, and
Page 11, Line 16the remainder of this act takes effect at 12:01 a.m. on the day following
Page 11, Line 17the expiration of the ninety-day period after final adjournment of the
Page 11, Line 18general assemby; except that, if a referendum petition is filed pursuant to
Page 11, Line 19section 1 (3) of article V of the state constitution against this act or an
Page 11, Line 20item, section, or part of this act within the ninety-day period after final
Page 11, Line 21adjournment of the general assembly, then the act, item, section, or part
Page 11, Line 22will not take effect unless approved by the people at the general election
Page 11, Line 23to be held in November 2026 and, in such case, will take effect on the
Page 12, Line 1date of the official declaration of the vote thereon by the governor; except
Page 12, Line 2that sections 38-35.7-113 and 38-12-804, Colorado Revised Statutes, as
Page 12, Line 3enacted in sections 2 and 3 of this act, respectively, take effect January 1, 2026.