H.B. 286

1

MOLD AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David L. Hogue
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions within the Utah Health Code and the Utah Fit Premises Act
10 related to mold.
11 Highlighted Provisions:
12 This bill:
13 . requires the Department of Health to:
14 . prepare and make public certain information relating to mold; and
15 . establish minimum standards of mold exposure in real property;
16 . requires an owner to make a disclosure to a renter or prospective renter if mold in a
17 rental unit exceeds a minimum standard; and
18 . requires a seller to make a disclosure to a buyer or a prospective buyer of a
19 residential building if mold in the building exceeds a minimum standard.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 26-48-101, Utah Code Annotated 1953
27 26-48-102, Utah Code Annotated 1953

28 26-48-201, Utah Code Annotated 1953
29 26-48-202, Utah Code Annotated 1953
30 57-22-4.2, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 26-48-101 is enacted to read:
34 CHAPTER 48. TOXIC MOLD ACT
35 Part 1. General Provisions
36 26-48-101. Title.
37 This chapter is known as the "Toxic Mold Act."
38 Section 2. Section 26-48-102 is enacted to read:
39 26-48-102. Definitions.
40 As used in this chapter:
41 (1) "Department" means the Department of Health.
42 (2) (a) "Mold" means a form of multicellular fungi that live:
43 (i) on plant or animal matter; and
44 (ii) in indoor environments.
45 (b) "Mold" includes:
46 (i) cladosporium;
47 (ii) penicillium;
48 (iii) alternaria;
49 (iv) aspergillus;
50 (v) fuarium;
51 (vi) trichoderma;
52 (vii) memnoniella;
53 (viii) mucor; and
54 (ix) stachybotrys chartarum.
55 Section 3. Section 26-48-201 is enacted to read:
56 Part 2. Department Responsibilities
57 26-48-201. Department to provide public information.
58 (1) The department shall prepare information concerning:

59 (a) the health impacts of mold on a person who occupies real property containing mold;
60 and
61 (b) recommended practices for a person who owns or occupies real property containing
62 mold.
63 (2) The department shall use any reasonable means to make the information prepared
64 under Subsection (1) available and accessible to the public.
65 Section 4. Section 26-48-202 is enacted to read:
66 26-48-202. Rulemaking authority.
67 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
68 department shall make rules establishing minimum standards of mold exposure within real
69 property for purposes of Section 57-22-4.2 .
70 Section 5. Section 57-22-4.2 is enacted to read:
71 57-22-4.2. Owner's duties -- Mold -- Civil action.
72 (1) For purposes of this section:
73 (a) "Mold" is defined in Section 26-48-102 .
74 (b) "Owner" includes:
75 (i) an owner as defined in Section 57-22-2 ; and
76 (ii) a person who holds title to real property that contains a residential building.
77 (c) "Residential building":
78 (i) means any building or structure intended for occupation as a residence; and
79 (ii) includes:
80 (A) "a residential rental unit" as defined in Section 57-2-22 ;
81 (B) any residential rental unit or units sold to a purchaser; and
82 (C) a building or structure intended for occupation as a residence by the purchaser.
83 (2) An owner shall comply with Subsection (3) if the owner knows that a residential
84 building contains visible or invisible mold exceeding the minimum standards established by
85 the Department of Health under Section 26-48-202 .
86 (3) An owner described in Subsection (2) shall provide written notice to:
87 (a) a prospective renter prior to entering into a rental agreement;
88 (b) a renter within five calendar days after the owner becomes aware of a condition
89 described in Subsection (2);

90 (c) a prospective buyer prior to entering into an escrow agreement for the purchase of
91 the residential building; and
92 (d) while the sale of the residential building is pending, within five calendar days after
93 the owner becomes aware of a condition described in Subsection (2).
94 (4) This section does not require an owner to conduct air or surface tests to determine
95 whether a residential building contains visible or invisible mold.
96 (5) (a) A renter or purchaser may bring an action against an owner for a violation of
97 this section.
98 (b) In an action under Subsection (5)(a), a renter or purchaser may recover the greater
99 of:
100 (i) actual damages; or
101 (ii) $1,000.




Legislative Review Note
as of 12-15-05 8:15 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel