California’s 2016 mold law, SB 655, applies to hotels, motels, apartment houses, and dwellings (including houses and homes) regardless of date of construction. Non-dwellings are excluded from SB 655.
The California Department of Public Health (CDPH) determined that the presence of moisture in the water, visible mold, or mold odor in schools, workplaces, residences, and other settings is unhealthy. Recommends addressing water damage, moisture, visible mold, and mold odor by (a) identifying and correcting the source of water that may allow microbial growth or contribute to other problems, (b) rapid drying or removing damp materials, and (c) cleaning up 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 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 enforcers and other public health officials that mold growth is a health and safety concern when it endangers life, limb, health, property, safety or the welfare of the public or building occupants. HAS The health officer or code compliance officer must make this determination.. Such ‘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 routine housing code enforcement.
The presence of mold that is minor and found on surfaces that may accumulate moisture as part of their proper function and intended use is exempt from enforcement under SB 655. Such mold is a ‘cleanup’ task that is the responsibility of the occupant.
Landlords are required to keep their units safe and livable, and free from violations of the State Housing Law. This obligation cannot be waived or avoided by any agreement to the contrary. SB 655 amends the landlord-tenant law so that landlords are not required to remediate mold unless they have notice of the mold 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 notify local owners. Homes with illegal mold may be considered uninhabitable and may require eviction and/or be subject to other remedies, including fines and penalties.