![]() ![]() ![]() ![]() ![]() ![]() ![]() |
Thursday, 11/20/08 7:27 PM |
|
|
News & Information : In Contract Magazine : Past Issues : April 2002 - Mold: If you can see it or smell it -- Address it April 2002 - Mold: If you can see it or smell it -- Address it
Recent lawsuits involving mold have given the issue nationwide attention. Although mold has always been present in schools, homes and office buildings, homeowners and apartment residents across the country are filing lawsuits in increasing numbers claiming that indoor mold has harmed their health. In the absence of explicit guidance regarding those duties and obligations, real estate professionals should follow existing requirements of state law relating to latent defects and disclosure, including any particular requirements and standards of care set forth by their state licensing authorities. That said, NAR published an article in December, 2001 which provides some good advice when addressing the disclosure of mold. To view the article, click here. There are several pending lawsuits against real estate professionals. In Arizona, a buyer is suing the listing agent after finding mold growing in her recently purchased home. In Pennsylvania, recent homebuyers are suing the sellers and their real estate agency for failure to disclosure water damage in the home. Federal activity on mold has been minimal. The Environmental Protection Agency has published a guide called “Mold Remediation in Schools and Commercial Buildings” and is working on another guide addressing mold in the home. California has signed into law the Toxic Mold Protection Act, which will impose new disclosure requirements on landlords concerning mold for residential rentals, commercial and industrial properties. It also requires the California Department of Health Services to establish remediation guidelines and inspection standards within a year and a half. This is the first law of its kind in the country. What is mold? For molds to grow and reproduce, they need only a food source – any organic material, such as leaves, wood, paper, or dirt – and moisture.
Mycotoxins are not always produced, and whether a mold produces mycotoxins while growing in a building depends on what the mold is growing on, conditions such as temperature, PH, humidity or other unknown factors. When mycotoxins are present, they occur Keep in mind that air sampling for mold provides information only for the moment in time in which the sampling occurred, much like a snapshot. At a later time, the ‘picture' may be altogether different. The bottom line is: If you can see or smell mold, you likely have a problem and should focus on remediation.
A certified industrial hygienist is a professional level certification granted by the American Board of Industrial Hygienists and guarantees that the CIH has a bachelors or advanced degree in the sciences or engineering, a minimum of 5 years full-time professional experience, successful completion of a written comprehensive examination, adherence to a professional code and continuing education requirements. For more information, visit the American Industrial Hygiene Association, www.aiha.org
The question of whether mold testing is advisable is one that is not easily answered. The EPA states that “In most cases, if visible mold growth is present, sampling is unnecessary”. They also state that “sampling for mold should be conducted by professionals with specific experience in designing mold sampling protocols, sampling methods, and interpretation of results.” Sampling for mold is most useful when trying to find hidden mold that can not be observed by sight or smell or when trying to determine if a remediation has been successful. Proper sampling may include air samples as well as swab and bulk samples. If you can see or smell mold the first thing to do is eliminate the source of moisture causing the mold to grow. Without moisture mold cannot grow. Then all visible mold should be removed. This may include wet vacuuming, hepa filtration, damp wiping or removal of materials. Any contaminated area of more than 10 s.f. should be removed by a qualified professional. The motto should be “clean and dry”. The EPA guidelines for the remediation/cleanup of mold and David Tamny, owner of Professional Property Inspection, President of the North Central Ohio ASHI Chapter, National Director of ASHI
However, if a mold problem exists, a comprehensive clean-up procedure is recommended. In order to remedy the mold problem, you will need to: If a mold problem exists and clean-up is required, much greater attention should be given to the process than space in this article allows. The references listed in the sidebar provide much more thorough information and professional assistance should be considered.
There are many ways to control moisture in your home: If the conditions causing the mold growth in the first place are not corrected, mold growth will recur.
Insurance, by design, is intended to cover loss resulting from a sudden or accidental incident. It is not intended to cover loss caused by wear and tear which includes natural deterioration, smog, rust, wet or dry rot, and, among other things, mold. If you were not already aware, you certainly are now, that mold is all around us. It exists in the air, in nature and in most every home. Mold, therefore, does not fall into the ‘sudden and accidental incident' category, but more in the ‘natural deterioration' category. That said, there are instances were mold would be covered… Most carriers do have provisions that would cover mold if it occurs as a direct result of any covered loss. For instance, if a tree falls on your house during a rainstorm and mold occurs as a result of this incident, the cost of removing the mold would likely be covered. In this case, as in most cases, there is a cap or maximum payment allowed. If the contractor you hire to build or remodel your home permits or allows mold damage to occur due to his negligence, then some carriers will provide limited recourse to the consumer under the contractors commercial general liability insurance policy. The above is offered for general information. To obtain specific information regarding your homeowners insurance, you should speak to your insurance agent and/or consult your policy. Dave Kotary, Benchmark Insurance Brief Guide to Mold, Moisture, and Your Home U.S. Environmental Protection Agency (EPA) California Department of Health Services American Industrial Hygiene Association Minnesota Department of Health Indoor Air Unit 1-800-798-9050
|
|
![]() |
[Home] [ REALTOR® - A registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. For questions or comments about this site, please email us. |