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 Education 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:
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 EDUCATION ACT
Page 2, Line 425-4-2601. Short title.The short title of this part 26 is the "Mold Awareness and Education 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 educate the public on the health
Page 3, Line 11dangers of mold, how to remediate mold, and how to find qualified professionals to assess and remediate mold.
Page 3, Line 1225-4-2603. Definitions.As used in this part 26, unless the context otherwise requires:
Page 3, Line 13(1) "ANSI/IICRC S520 standard" means the American
Page 3, Line 14National Standards Institute/Institute of Inspection, Cleaning
Page 3, Line 15and Restoration Certification S520 Standard for Professional Mold Remediation.
Page 3, Line 17(2) "Department" means the department of public health and environment created in section 25-1-102.
Page 3, Line 19(3) (a) "Mold" means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
Page 4, Line 1(b) "Mold" includes cladosporium, penicillium, alternaria,
Page 4, Line 2aspergillus, fusarium, trichoderma, memnoniella, mucor, chaetomium, and stachybotrys chartarum.
Page 4, Line 3(4) (a) "Mold assessment" means:
Page 4, Line 4(I) The inspection, investigation, or survey of a dwelling
Page 4, Line 5or other structure to provide information to the owner or
Page 4, Line 6occupant of the dwelling or other structure regarding the
Page 4, Line 7presence, identification, or evaluation of mold and water damage;
Page 4, Line 8(II) The development of a mold remediation protocol;
(III) Air quality testing to detect the presence of mold; or
Page 4, Line 9(IV) The collection of a mold sample for analysis.
Page 4, Line 10(b) "Mold assessment" does not include an inspection, an
Page 4, Line 11investigation, or a survey of a dwelling or other structure
Page 4, Line 12conducted by a mold remediator performing a preliminary determination.
Page 4, Line 13(5) "Mold remediation" means the timely and good faith
Page 4, Line 14effort to remove mold or mold-containment matter from a
Page 4, Line 15residential premises or dwelling unit and to mitigate any negative effect of the presence of mold.
Page 4, Line 16(6) "Preliminary determination" means an initial
Page 4, Line 17inspection of a dwelling or other structure, which inspection
Page 4, Line 18identifies areas of moisture intrusion and actual or potential
Page 4, Line 19mold growth and the need for assistance from other specialized experts.
Page 5, Line 125-4-2604. Powers and duties of department - public
Page 5, Line 2awareness. (1) The department shall, in consultation with
Page 5, Line 3appropriate agencies and organizations, establish a page on the
Page 5, Line 4department's public website to assist the public in understanding
Page 5, Line 5the health dangers of mold and the importance of removing mold from indoor environments. The department shall:
Page 5, Line 6(a) Provide, on the page of the department's public website
Page 5, Line 7established pursuant to this subsection (1), the following information:
Page 5, Line 8(I) Information on the health dangers of mold, including the potential toxic compounds that mold can emit and produce;
Page 5, Line 9(II) Descriptions of mold testing and remediation methods
Page 5, Line 10and terminology, including accredited industry standards for mold remediation;
Page 5, Line 11(III) How to find mold testing and remediation professionals; and
Page 5, Line 12(IV) Website addresses or contact information for
Page 5, Line 13organizations or government agencies that can provide the
Page 5, Line 14public with information pertaining to the health effects of mold,
Page 5, Line 15mold testing methods, or accredited industry standards for the remediation of mold; and
Page 5, Line 16(b) Every five years, update the information provided on
Page 5, Line 17the department's website pursuant to subsection (1)(a) of this
Page 5, Line 18section with the most recent information on the health dangers
Page 5, Line 19of mold and the most recent best practices for mold assessment and remediation.
Page 5, Line 20(2) The department shall establish the website page
Page 6, Line 1pursuant to subsection (1) of this section on or before July 1, 2026.
Page 6, Line 225-4-2605. Standard of care for mold remediation.Mold
Page 6, Line 3remediation shall be conducted in accordance with the fourth
Page 6, Line 4edition of the ANSI/IICRC S520 standard, or a successor
Page 6, Line 5publication. A violation of this section is enforceable only
Page 6, Line 6through a private right of action; except that the attorney
Page 6, Line 7general may, pursuant to section 38-12-512, initiate an
Page 6, Line 8enforcement action if the attorney general has cause to believe
Page 6, Line 9that a person, by violating this section, engaged in or is
Page 6, Line 10engaging in a violation of the warranty of habitability as described in section 38-12-503.
Page 6, Line 11SECTION 2. In Colorado Revised Statutes, add 38-35.7-113 as follows:
Page 6, Line 1238-35.7-113. Disclosure - mold - definitions. (1) A buyer of
Page 6, Line 13residential real property has the right to be informed of
Page 6, Line 14whether the property has mold, has been assessed for mold, or
Page 6, Line 15has had mold that was remediated. This information must be
Page 6, Line 16provided on the Colorado real estate commission approved
Page 6, Line 17seller's property disclosure. The seller's property disclosure
Page 6, Line 18must be accompanied by any reports produced by any mold
Page 6, Line 19assessment or remediation that was conducted at the residential real property.
Page 6, Line 20(2) As used in this section:
Page 6, Line 21(a) "Mold assessment" means air quality testing that is
Page 6, Line 22conducted as part of an inspection, investigation, or survey of
Page 6, Line 23a dwelling or other structure to provide information to the
Page 7, Line 1owner or occupant of the dwelling or other structure
Page 7, Line 2regarding the presence, identification, or evaluation of mold and water damage.
Page 7, Line 3(b) "Mold remediation" means the timely and good faith
Page 7, Line 4effort to remove mold or mold-containment matter from a
Page 7, Line 5residential premises or dwelling unit and to mitigate any negative effect of the presence of mold.
Page 7, Line 6(c) "Residential real property" means:
Page 7, Line 7(I) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or
Page 7, Line 8(II) A home sold by the owner, a financial institution, or
Page 7, Line 9the United States department of housing and urban development.
Page 7, Line 10SECTION 3. In Colorado Revised Statutes, add 38-12-804 as follows:
Page 7, Line 1138-12-804. Disclosure - mold - definitions. (1) A tenant that
Page 7, Line 12rents residential real property has the right to be informed of whether the property has been assessed for mold.
Page 7, Line 13(2) (a) Before obtaining a tenant's signature on a lease
Page 7, Line 14agreement for residential real property, the landlord shall
Page 7, Line 15disclose and provide in writing to the tenant the following information:
Page 7, Line 16(I) A warning statement in bold-faced type in substantially the same form as is specified as follows:
Page 7, Line 17According to the Colorado department of public
Page 7, Line 18health and environment, exposure to a large
Page 7, Line 19number of mold spores may cause symptoms such
Page 8, Line 1as watery eyes, runny nose, sneezing, itching,
Page 8, Line 2coughing, wheezing, difficulty breathing,
Page 8, Line 3headache, and fatigue. Repeated exposure to
Page 8, Line 4mold can increase a person's sensitivity, causing
Page 8, Line 5more severe reactions. Sources of moisture may
Page 8, Line 6include: Flooding, damp basement or crawl space,
Page 8, Line 7leaky roof, leaky plumbing, humidifiers, poorly
Page 8, Line 8ventilated areas, or a clothes dryer that is
Page 8, Line 9vented indoors. For more information, please
Page 8, Line 10visit the website of the Colorado department of public health and environment.
Page 8, Line 11(II) Any knowledge the landlord has of the presence of
Page 8, Line 12mold in the residential real property, including the following information:
Page 8, Line 13(A) Whether a mold assessment has been conducted on the residential real property;
Page 8, Line 14(B) A summary of the most recent records and reports
Page 8, Line 15pertaining to mold concentrations within the residential real property, if any; and
Page 8, Line 16(C) A description of any mold concentrations detected or
Page 8, Line 17mitigation or remediation performed, if the mold was not fully removed or is likely to return; and
Page 8, Line 18(III) The website address for the department of public
Page 8, Line 19health and environment's website that provides information
Page 8, Line 20about the health effects of mold in indoor environments in accordance with section 25-4-2604 (1)(a).
Page 8, Line 21(b) The tenant shall acknowledge receipt of the
Page 9, Line 1information described in subsection (2)(a) of this section by signing the disclosure.
Page 9, Line 2(3) Nothing in this section:
Page 9, Line 3(a) Absolves a landlord from having to comply with the
Page 9, Line 4landlord's obligations set forth in section 38-12-503 regarding the warranty of habitability; or
Page 9, Line 5(b) Precludes a tenant from exercising one or more of the
Page 9, Line 6remedies available to the tenant pursuant to section 38-12-507
Page 9, Line 7in response to a breach of the warranty of habitability as set forth in section 38-12-503.
Page 9, Line 8(4) As used in this section:
Page 9, Line 9(a) "Mold assessment" means air quality testing that is
Page 9, Line 10conducted as part of an inspection, investigation, or survey of
Page 9, Line 11a dwelling or other structure to provide information to the
Page 9, Line 12owner or occupant of the dwelling or other structure
Page 9, Line 13regarding the presence, identification, or evaluation of mold and water damage.
Page 9, Line 14(b) "Residential real property" means:
Page 9, Line 15(I) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or
Page 9, Line 16(II) A home sold by the owner, a financial institution, or
Page 9, Line 17the United States department of housing and urban development.
Page 9, Line 18SECTION 4. Act subject to petition - effective date. Sections
Page 9, Line 1938-35.7-113 and 38-12-804, Colorado Revised Statutes, as enacted in
Page 9, Line 20sections 2 and 3 of this act, respectively, take effect January 1, 2026, and
Page 9, Line 21the remainder of this act takes effect at 12:01 a.m. on the day following
Page 10, Line 1the expiration of the ninety-day period after final adjournment of the
Page 10, Line 2general assemby; except that, if a referendum petition is filed pursuant to
Page 10, Line 3section 1 (3) of article V of the state constitution against this act or an
Page 10, Line 4item, section, or part of this act within the ninety-day period after final
Page 10, Line 5adjournment of the general assembly, then the act, item, section, or part
Page 10, Line 6will not take effect unless approved by the people at the general election
Page 10, Line 7to be held in November 2026 and, in such case, will take effect on the
Page 10, Line 8date of the official declaration of the vote thereon by the governor; except
Page 10, Line 9that sections 38-35.7-113 and 38-12-804, Colorado Revised Statutes, as
Page 10, Line 10enacted in sections 2 and 3 of this act, respectively, take effect January 1, 2026.