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HomeHealth and Safety CodeDiv. 20Ch. 18Art. 2§ 26122 Mold Health Safety Guidelines

§ 26122 Mold Health Safety Guidelines

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 26122 Mold Health Safety Guidelines

Key Takeaways

  • •The rules for identifying mold must keep people safe and healthy, but also consider what's possible with current technology and money.
  • •The rules should use the latest science and expert advice to decide what's dangerous.
  • •Landlords and public entities don't have to test for mold unless they want to.
  • •The department must create a form to report mold found in buildings.

Example

If you rent an apartment and see mold on the walls, your landlord isn't required by law to test the air or surfaces for mold.

The law says landlords don't have to check for mold, even if you see some. But if they do check, they should follow the safety rules made by the department.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 26122 Mold Health Safety Guidelines

(a)  Identification guidelines developed by the department shall do all of the following: (1)  Avoid adverse effects on the health of the general population, with an adequate margin of safety, and avoid any significant risk to public health. (2)  Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility. (3)  Utilize and include the latest scientific data or existing standards for the assessment of molds adopted by authoritative bodies. (b)  The department shall consider all of the following criteria when it develops identification guidelines for mold: (1)  Permissible exposure limits to molds developed by the State Department of Health Services pursuant to subdivisions (a) and (b) of Section 26103, or what constitutes a health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment, according to the department’s standards as developed pursuant to Section 26105. (2)  Standards for mold identification, if any, adopted by authoritative bodies. (3)  Professional judgment and practicality. (4)  Toxicological reports or additional scientific evidence. (c)  The department shall not require a commercial, industrial, or residential landlord or a public entity that rents or leases a unit or building to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold established by subdivisions (a), (b), and (c) of Section 26103. (d)  The department shall develop a reporting form for building inspection that may be used to document the presence of mold. (e)  The department shall report to the Legislature on its progress in developing identification guidelines for mold by July 1, 2003. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.)

Last verified: January 23, 2026

Key Terms

judgmentidentificationlandlordporttoxiclegislaturehealthsafety

Related Statutes

  • § 26131 Mold Remediation Health Guidelines
  • § 116760.10 Drinking Water Revolving Fund
  • § 1521.6 Foster Home Study Requirements
  • § 39669.5 Child Toxic Air Contaminant Risks
  • § 109050 Phthalates In Medical Plastics

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 26122.
View Official Source