The 2016 California mold law, SB 655, applies to hotels, motels, apartments, and dwellings (including houses and homes) regardless of the date of construction. Non-homes are excluded from SB 655.
The California Department of Public Health (CDPH) had determined that the presence of moisture in the water, visible mold, or a musty odor in schools, workplaces, residences, and other settings is unhealthy. Recommends addressing damage caused by water, moisture, visible mold, and musty odor (a) by identifying and correcting the source of water that may allow microbial growth or contribute to other problems, (b) rapid drying or removal of damp materials and (c) cleaning or removing mold and moldy materials as quickly and safely as possible. These guidelines are similar to the EPA and CDC guidelines regarding mold conditions and remediation. Using bleach to clean up mold or simply painting over the problem are not solutions for visible mold conditions in an indoor environment.
SB 655 provides guidance to local code enforcement officials and other public health officials that mold growth is a health and safety problem when it endangers life, limbs, health, property, safety or the welfare of the public or the occupants of the building. FOR The health officer or code enforcement officer should make this determination.. Such a ‘qualified’ mold is illegal under the State Housing Law. Local agencies are mandated to enforce the State Housing Law and have the authority to issue notices to landlords to reduce qualified mold growth as a routine application of the housing code.
The presence of minor mold found on surfaces that can accumulate moisture as part of their proper function and intended use is exempt from SB 655. Mold is a “cleanup” task that is the responsibility of the occupant.
Homeowners are required to keep their units safe and livable, and free from violations of the State Housing Law. You cannot waive this obligation or circumvent any agreement to the contrary. SB 655 amends the landlord-tenant law so that landlords are not required to remediate mold unless they have a mold notice or if the tenant is in violation of specific affirmative obligations.
Regardless of this Civil Code provision, under SB 655, substandard buildings remain subject to code enforcement by local agencies under the State Housing Law, which requires enforcement agencies to give notice to landlords. Homes with illegal mold may be considered uninhabitable and may need to be vacated and / or subject to other remedies, including fines and penalties.
