Mold Laws, Thresholds, and What Triggers Professional Remediation

Mold is one of those problems that can turn from “a little spot” to a major health and liability mess with one bad decision. We sit down with Shelley Hines, CEO of DCG Environmental, to make Texas mold regulations feel readable and practical, whether you own a home or manage multifamily and commercial properties in Dallas, Houston, or Austin. If you have ever wondered what rules actually apply, what paperwork you are supposed to receive, or how to tell if a contractor is qualified, this conversation gives you a clear path forward.

We talk through the Texas Department of Licensing and Regulation (TDLR) and the resources that matter most, including the Consumer Mold Information Sheet (CMIS) that must be provided to owners and, in many cases, tenants. Shelley explains why asking for a license number is not rude, it is basic protection. We also unpack the 25 contiguous feet threshold, what it means in real buildings where mold grows in colonies, and why containment is the difference between a controlled remediation and spores spreading into your HVAC system. 

Then we get into the messy part: insurance and disputes. Mold insurance coverage is often limited, adjusters are not always familiar with Texas requirements, and claims can be denied when signs point to a long-term slow leak. Shelley shares how third-party, neutral consulting helps keep the focus on data and compliance when tenant conflicts or legal pressure enter the picture. 

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To learn more about DCG Environmental visit:
https://www.DCGEnvironmental.com
DCG Environmental 
Serving Property Owners in Dallas, Houston, and Austin 
972-876-0008 

Transcript

Welcome And Why Mold Matters

SPEAKER_00 0:04

Welcome to the Environmental Testing Show because what you can't see is the address healthcare. Hosted by Shelly Hyde, CEO of DCG Environmental, this episode explores the hidden environmental hazards that impact homes and commercial spaces from molding expected to other unseen restaurants, serving property owners throughout Dallas, Houston, and Austin. DCG Environmental believes finding the problem is the first step to making everyone safe.

SPEAKER_01 0:42

Mold is not just a nuisance, it's regulated for a reason. Understanding the rules help property owners protect their health, avoid liability, and ensure remediation is done the right way. Welcome. I'm Julie Schwenzer, co-host and producer in the studio with Shelly Hines, the CEO of DCG Environmental. Shelly, it's really good to be with you. You as well, Julie.

Where Texas Mold Rules Live

SPEAKER_01 1:04

So, you know, these mold regulations can definitely feel overwhelming for some homeowners as well as businesses. And you did touch on this in our last episode. Can you expand on some of the major regulations and requirements for mold in Texas?

SPEAKER_02 1:20

Yeah, um I first want to shout out for a resource. Like TDLR, the Texas Department of License and Regulation, is the department that regulates mold in Texas. On their website, you can type in TDLR.com slash mold, and that'll pull up everything mold related in Texas. They do have a sheet that's called a CMIS, a consumer mold information sheet. And by law, we're required to give that to the owner. And in cases there are tenants, the tenant also has to have a copy when we perform any kind of mold testing or remediation. So that's a great information sheet for anybody that's trying to figure out what the mold rules are. It's a quick synapsis of the big major stuff. But they, you know, they tell you how is it regulated, who, how to find out who's licensed

The 25 Contiguous Feet Threshold

SPEAKER_02 2:12

or not. Um I do I do want to um educate people and don't be afraid to ask for their license. Like, what is your license number? Can you send me a copy of your license? When you're dealing with mold, that is more than 25 contiguous feet. Um, and that's a lot of mold. Mold is mountainous, like it grows in colonies, so it's up and down, it's not a straight line, so it's called contiguous. Um when you have lots of mold, you definitely want to use professionals to come clean that up. State law says if there's more than 25 contiguous feet, you have to use licensed professionals. So if it's less than that, homeowners, building management companies, you can clean it up yourself. Um, you don't have any documentation, so it's situational, right? If you're in a tenant situation, you own a multifamily building. Um, there are instances where you can clean up pieces yourself. There are instances where, like, if it's over 25 contiguous feet, you need to use licensed remediators. I recommend using licensed remediators because they know how to handle mold properly. You can make the mold problem worse if you don't handle it correctly. If you're not building containment to keep all the mold inside a specific work area. Um, we've had people call after a general contractor came in and ripped out mold, and now there's mold in their HVAC system, and so you know, had to get paid for to get the HVAC system cleaned because nobody checked or didn't contain it right. So there's a it's mold can be very litigious. There's people are looking for reasons to get their whole house cleaned. So I just caution people that are not licensed to make sure they're following the regs and rules as much as possible. And it's awareness, right? You have to know what those regs and rules are, even if you're not supposed to be a licensed, or even though you're not a licensed mold person, you still want to know how to clean it up properly, even if it's a small amount, just for liability protection, for health protection, and for uh the employee themselves that are doing the work protection.

SPEAKER_01 4:18

And

How Mold Licensing Really Works

SPEAKER_01 4:19

could you also touch on how licensing works for mold assessors and remediators? What do they have to go through? Is it a very rigorous uh training?

SPEAKER_02 4:28

Yeah, for mold consultants, that's what DCG does, or on the consulting side, uh, we have to go to class for a week. Uh it's a 40-hour class. You have to um have to be a consultant, you have to have five years of industry experience. So uh it doesn't specifically have to be mold, but it has to be like in nature on the same types. Like if you're a home inspector, you have five years of experience home inspecting a class, um that would that would qualify you to um apply, but then you have to take the class, then you have to do um so many mold protocols and inspections. I don't know that number off the top of my head, but there's so many of those that you have to do in practice before you can apply for your license. So first we get certified, that's the class that we go through. Then you have to have real life experience, and then you can apply for your state license. So it's a pretty you know documented and rigorous process to you gotta pass that test, then you gotta do field experience, and with somebody that's already licensed, they have to sign off and say that you've been trained, and then you apply for your state license.

Insurance Coverage And Claim Reality

SPEAKER_01 5:41

And how does it work with insurance companies factoring it into the mold regulations or reporting requirements? How do you deal with um the insurance side or or consult your clients to deal with the insurance side?

SPEAKER_02 5:54

That's a great question because not all insurance adjusters are from Texas and they're not aware of our regs and rules, and mold is not the same across all states. So um a lot of times it's educating. Hey, here are the regs and rules in Texas, and a lot of times it's educating the client. Do you have mold protection in your insurance policy? A lot of people don't. Sometimes it's very limited to $5,000. Um, if it's a bigger home, a bigger policy, I've seen $10,000, I've seen $25,000 covered. And then commercial buildings obviously have much more higher insurance coverage, but um, it's important. If you don't know if you have mold coverage, I would take a moment to look at your policy or call your adjuster or your agent and see if you do have it. Um, mold is one of the things that you want insurance for because no one plans on getting mold. It's definitely an accident, if you will, or something breaks, um, or weather related for that matter. Um but insurance companies are sometimes it's education. Sometimes they'll cover the protocol under their due diligence or the testing. Um, most insurance companies have to pay for the testing part to say whether there's mold or not. Um, you can't date stamp mold. I can't tell you that it's been there for two months or two years. Some molds can identify that they've been sitting for a while. Um, Stachybatris is it requires water to grow and it requires long-term standing water. So, you know, sometimes by the mold we can say that's been there a minute. But there's no hard concrete, oh, I can tell that's been there for two years, and this has been a slow leak forever and ever and ever. By experience, you start learning some of those things, but there's no there's no date stamped to mold, if you will. So insurance companies a lot of times will take a look at has that been there a long time, has it not? One of the perfect example is we had one uh two weeks ago. There was a copper pipe, and you could tell that that copper pipe had been wet for a long time because it oxidized. Now, that is not something that happens overnight, so you could tell that that water had been leaking for a while based off of the copper pipe, not because there was mold there. So there are other factors that can help you determine whether it's been there for a while or not. And insurance companies can and have denied the claim because it's a long-term slow leak that no one knew about, but because it wasn't taken care of, they consider that negligent and then they don't cover the claim, so they don't cover the mold. So there's a lot of I'm not an insurance agent, nor do I know all those regs or rules. That's gonna be an individual check with your agent, check with your adjuster, know what your policy says it will cover and won't cover. Um, but those are some of the things that sometimes we have to talk to insurance companies about. And that was a group phone call between the remediator and the adjusters at the insurance company. Um, you know, they were trying to say this was a long time, and I can't determine that a lot of times. So sometimes they'll cover it and sometimes they'll deny it. So it just depends on the situation of the mold and how long they feel like it's been there. And then homeowners need to be educated too on how to go back and say, hey, here's the regs and rules in Texas, and this is why it should be covered. But that I don't think because we have a law in Texas on mold means that the insurance company has to cover the mold. Does that make sense? Like that all depends on what your policy covers, and then they say yes or no based off of your your cut coverage in your policy.

SPEAKER_01 9:25

And

When Mold Becomes A Legal Dispute

SPEAKER_01 9:26

then um a last question for you. We just have about two minutes left. So I was curious about a recent example where you may have been called in for your professional help and guidance because a legal issue triggered, you know, the request for you.

SPEAKER_02 9:42

We're seeing that a lot more and more, unfortunately. Um, a lot of times in multifamily apartments, people trying to get out of their leases. Um, we we are third-party neutral, so I'm I'm not here for the apartment complex, I'm not here for the tenant, I'm not here for the owner, I'm here for the mold rules. Here's what I see, here's what I find, here's the data. Um, and then they'll have to uh take that data and apply it. I've I've been called a lot of times to explain different things. I've not been called into court to testify on any behalf. We've been um twice we've been sent deposition paperwork but never dispose deposed. So, but it is it does happen a lot.

SPEAKER_01 10:30

Well, Jelly, thank you so much. I wish we had more time, but I appreciate you breaking down you know all these regulations in a way that makes sense. And thank you for what you do. Thank you.

Testing Help And How To Book

SPEAKER_00 10:45

Thanks for listening to the Environmental Testing Show. If you're concerned about mold, asbestos, or other environmental hazards, peace of mind starts with proper testing. Call 972-876-0008 or visit dcenmental.com to schedule a convenient appointment. Because when it comes to your environment, guessing it's in the safety plan.