Wonder if anybody else has heard this ?

[One Call Power Wash 500]

Started a Deck Restoration job this morning. The Real Estate Agent that I do allot of Decks for tells me that there is a new law in effect that all houses, condos etc... that are sold, prior to settlement have to be tested for air quality. Needless to say, this is why we ended up with this particular job. Apparently, Amerispec, which we already have a contract with for various reasons, was escrowed into this one sale to test the air quality inside the condo. Well it was not good and they apparently said it was mainly due to the mold spores on the deck attached to the condo. Well, in my view the mold spores were not all that bad and actually could have went another year before restoration. But hey, who am I to complain.

Has anybody heard of this new requirement prior to selling ?

If this is true, then we are all gonna increase in business.

[reed 500]

There has been alot of this mold issue here in the St Louis area. I haven't heard about the possibility of decks being the culprits. Mostly it's businesses that have the mold in duct work and behind walls.

I will ask a realtor the next time I can catch one here in the neighborhood.

Reed

[Paul B. 523]

Every state has different requirements - it is possible MD enacted a law for air quality inspections.

In the last several decades there has been a growing concern for air quality and other home components and intruders in homes which negatively impact humans. Different testing recommendations have been made for mold & mildew testing, as well as testing for VOC's, asbestos, radon, formeldahyde.

These tests are not inexpensive. www.envirohome.com

I can't imagine an outdoor deck impacting indoor air quality severely enough to fail testing - but what do I know. Spores can move in the air and travel to indoors.

A simple bleach and water washdown will kill the mold and mildew on the deck.

[One Tough Pressure 580]

Indoor air quality, aka IAQ is a very fast and upcoming topic. Carpet cleaners have been dealing with this for quite some time, as well as other interior cleaners. Seeks like it has finally reached the exterior cleaner as well.

[Henry B. 4]

I talked to an agent I deal with in Maryland and she said she'd never heard of it before. It could have been the seller pushing for it becouse they are sensitive to mold. It happens.

Henry

[One Call Power Wash 500]

The discovery of extensive mold contamination in property throughout the United States has led to the introduction of legislation in various states in an effort to combat this problem. Representatives from California, Maryland, New York, and Texas have all introduced legislation that focuses on educating and protecting the public from the potentially hazardous effects of mold. The following describes both pending legislation, as well as legislation that has been passed into law across the United States.

California:

Senate Bill 732 (Ortiz):

SB 732 was introduced on February 23, 2001, and passed into law on September 13, 2001 as the Toxic Mold Protection Act of 2001. SB 732 mandates that the State Department of Health Services convene a task force comprised of various individuals including rental property owners, insurers, builders, and building managers to advise the department on the development of standards for assessment of mold in indoor environments and for mold's remediation. The department, acting under advisement from the task force, is then responsible for public education about the health effects of mold, methods of prevention, methods of identification, as well as available contact information. Finally, this bill requires that any person who sells, transfers, or rents residential, commercial or industrial real property, or any person or entity that owns, leases, or operates a building, who has knowledge of the existence of mold is required to disclose that information to a potential buyer or tenant.

Assembly Bill 284 (Jackson):

This bill was introduced on February 16, 2001, and was passed into law on September 13, 2001. It requires the California Research Bureau, which is part of the California State Library, in consultation with the State Department of Health Services, to perform a study of, and publish findings on, fungal contamination in indoor environments, and to organize meetings of a review panel to assist in the preparation of appropriate content for the study. This bill further requires that those findings be submitted no later than January 1, 2003, to the Legislature and Director of Health Services.

Assembly Bill 178 (Cox):

AB 178 was introduced on February 6, 2001. If passed, this bill would add visible mold growth on interior walls, ceilings, and floors, if it exceeds specified standards, to California's list of officially designated "dangerous conditions" constituting a substandard residential dwelling. AB 178 would further require landlords of residential property to disclose to potential tenants the existence of the mold, or else the landlord could face civil fines of up to $1,000 for each violation. AB 178 has not yet been enacted into law. A copy of this pending bill may found at:.

San Francisco Ordinance 125-01 (Newsom, et al.):

Ordinance 125-01 was passed into law in San Francisco, California on June 4, 2001. This ordinance consolidated various nuisance provisions that were already part of the local code into a single article. San Francisco had already declared that lead hazards, rodents, waste contamination, etc., to be public nuisances. The city council determined that mold and mildew also posed a similar threat to San Francisco's citizens, and included mold and mildew in its list of nuisances. The ordinance provides that the minimum criminal penalties for property owners, landlords, or any other individual responsible for the elimination of the nuisance, ranges from $25 to $1,000 for non-compliance with the provisions of the ordinance.

Maryland:

Senate Bill 283 (Conway, et al.):

SB 283 was introduced on February 20, 2001, and was signed by Maryland's governor on May 18, 2001. SB 283 establishes a Task Force on Indoor Air Quality. The goal of the task force is to study the nature, location, and extent of health and environmental risks posed to workers as a result of mold, spores, and other toxic organisms located in the HVAC systems of office buildings. The task force is then responsible for recommendations regarding the prevention of illness, and the provision of educational information.

New Jersey:

Senate Resolution 77 (Bennett, et al.):

SR 77 was introduced on November 9, 2000, and adopted as law on May 3, 2001. SR 77 urges the Commissioners of Health and Senior Services and Community Affairs to provide information, assistance in the identification and remediation, as well as research into the health effects of infestations of stachboytrys atra mold.

New York:

Senate Bill 5799 (Marcellino, et al.): SB 5799 was introduced earlier this year, and in November, 2001, reached the Rules Committee. It has not yet been enacted into law. SB 5799, the proposed Toxic Mold Protection Act, would establish a task force to advise the New York Department of Health on the development of standards for safe levels of the presence of mold, so that permissible exposure limits may be adopted and enforced by the state. The task force would also be charged with the responsibility of determining potential health risks through the use of scientific data. The task force would also develop and then advise on the state's adoption of standards for mold remediation. Finally, SB 5799 also includes a notice provision that would require a seller or transferor of real property to provide written notice to a prospective buyer regarding the presence of mold in the property if the mold exceeds permissible established levels, or constitutes infestation per the task force's findings.

Texas:

House Bill 2006 (Naishtat):

HB 5799 was introduced on February 22, 2001, but has been left pending in committee since May 9, 2001. This bill is an act relating to indoor air quality in public school buildings. Although HB 5799 is not only concerned with the presence of mold in the indoor environment, mold is listed as a contaminant that must be evaluated for its potential effects on the health of the students. HB 5799 would create a board of individuals responsible for establishing health guidelines and standards that must be followed in Texas public schools, as well as conduct a statewide education program regarding the importance of improving the school's indoor air quality.

Chapter 5, Subchapter L, Article 5.96 (Insurance Commissioner Jose Montemayer):

On June 26, 2001, the Texas Insurance Commissioner convened a series of informational hearings throughout Texas to address the recent influx of mold claims by homeowners within the state. These hearings elicited data that showed in the course of 18 months, the claim frequency arising from mold had grown more than six fold. Further, the cost of the average mold claim was found to be approximately $18,000. This amount is 4.7 times greater than the cost of an average homeowner's claim, and 5.6 times the cost of an average non-mold related water damage claim. These figures alerted the insurance commissioner to the fact that the increasing occurrences of mold claims would likely drive up the cost of homeowner's insurance, rendering it difficult to purchase. In response, an order was written and adopted on November 28, 2001, that retains coverage for the removal of mold that is related to certain water damage, but eliminates coverage from high-priced procedures, such as testing, treating, containing or disposing of mold beyond that necessary to repair or replace property that is physically damaged by water. The order also provides coverage in the basic policy for removal of mold that results from water discharge, leak or overflow that is sudden and accidental, including those that are hidden or concealed. The standard Texas homeowner's policy forms will be rewritten to account for these changes. Insurers may offer the new coverage as early as January 1, 2002, but no later than January 1, 2003.

There's a fungus among us: Mold attacks real estate

9/17/2001

James B. Witkin

In recent months, developers, building owners, home builders and others in the real estate industry have faced an avalanche of legal claims growing out of a substance that is found almost everywhere on earth, is 100 percent organic and has been alive longer than the human race -- mold.

Even Hollywood has had its share of mold claimants: Both Ed McMahon and the real-life Erin Brockovich (the paralegal whose story forms the basis for the movie) have been plaintiffs in mold cases, claiming their houses have been affected by toxic mold. McMahon even claimed that mold lead to the death of his dog, Muffin.

But what might sound like a bad joke has turned into a serious liability for the real estate and insurance industries as plaintiffs have won million-dollar judgments based on the presence of mold in single-family homes and commercial buildings.

An array of mold claims have been filed against commercial-building owners, home builders and even public authorities that own municipal buildings and courthouses.

Almost overnight, mold has joined radon, lead-based paint, asbestos and underground storage-tank leaks as sources of environmental concern for real estate professionals.

But even more than those other substances, mold has captured the public imagination -- or at least the imagination of TV producers and magazine editors.

Stories about mold have appeared on many of the major TV news shows, in Time and Newsweek, and on the cover of the New York Times Magazine.

The media coverage about mold may be turning into a self-fulfilling prophecy: An article in a recent issue of Business Week speculated that fear of mold claims could affect the ability of Citicorp to sell its Travelers Insurance subsidiary.

The good and bad of mold

Molds are a type of fungus. More than one thousand different species have been found in the United States.

Molds reproduce by releasing spores. When the spores land on certain materials, they may digest and destroy those materials. For mold to grow, all that is needed is moisture and a food source.

Unfortunately, for the real estate industry, many building materials serve as a good food source, and moisture is often close at hand.

Molds serve a beneficial function, breaking down leaves and generally helping plant debris to decay. Also, without molds, we would not have penicillin, or brie and camembert cheeses.

However, molds also have a less benign side. They can cause allergic reactions and asthma. Some people are more likely than others to have adverse reactions to mold, and certain types of mold are more likely than others to cause those reactions.

Some molds produce mycotoxins, toxic substances that may cause serious health effects.

One type of mold, Stachybotrys chartarum, a greenish-black substance, has received a considerable amount of negative publicity, at least in part because of an article published by the Centers for Disease Control that appeared to suggest a link between mold and serious health effects in certain infants. However, the CDC later published a follow-up article challenging the scientific basis of the original report.

Mold on trial

The scientific jury is still out on exactly how toxic most common molds are and what levels of airborne mold spores are unhealthy.

Neither the Environmental Protection Agency, nor any other federal agency, has established any regulatory limits on mold.

Still, that has not stopped plaintiffs' attorneys from filing claims against home builders who allegedly sold moldy homes or tenants from suing landlords claiming that office spaces are affected by mold.

Recent cases include:

Apartment occupants successfully sued their landlord, claiming the landlord's failure to maintain and repair the plumbing resulted in the growth of mold, which caused negative health effects.

A homeowners group prevailed in a claim against the builders and contractors of their residential complex, claiming shoddy construction techniques led to water intrusion, causing mold to grow.

In perhaps the most widely publicized mold case, a Texas jury awarded Melinda Ballard's family $32 million in her claim against her insurer, Farmers Insurance Group. Ballard argued that the insurance company failed to cover costs of fixing the problems that would lead to mold taking over her house.

In most of these cases, plaintiffs alleged some sort of construction defect that allowed excess moisture to enter their buildings. Defects such as faulty foundations, improperly flashed roofs and simple plumbing mistakes are commonly claimed.

In other cases, plaintiffs allege that contractors allowed building materials to get wet or that the building materials were defective.

Steps to take

It is too early to tell whether mold will be a major environmental issue, such as asbestos, which caused the bankruptcy of several building-materials companies, or simply a passing concern, such as the concern over electromagnetic fields, which no longer affects most real estate transactions.

Still, there are steps developers, builders and building owners can take to minimize their liability:

Make sure construction contracts are drafted so that contractors or subcontractors are held liable for any construction defects.

Similarly, purchase and sale agreements should provide appropriate protections. Home purchasers should be educated about their obligations to prevent the buildup of moisture that could lead to mold.

Builders should evaluate their construction techniques and choice of materials to minimize the likelihood of mold growth.

Building managers must pay increased attention to water leaks, drainage and similar issues. A problem that would have been treated as a simple plumbing leak 10 years ago can result in a lawsuit in today's mold-conscious environment.

Just some info I have found.

[Paul B. 523]

Looks like San Francisco is on the forefront of mold & mildew nuisance remedies also.

[reed 500]

Gordon,

Are you sure you are in the right business? You should head up a think tank or consultant company. You are a never ending source of GREAT information. Glad you do.

Reed

[One Call Power Wash 500]

Congress to address toxic mold issue

September 12, 2002 - Congressman John Conyers, Jr. (D-Mich.) has introduced H.R. 5040: The United States Toxic Mold Safety and Protection Act ("The Melina Bill"). H.R. 5040 has the potential to put to rest the confusion over whether exposure to mold growth in residential, public and commercial buildings causes serious medical conditions such as bleeding lungs, digestive problems, hair loss, nausea, loss of memory, reduced cognitive skills, and death.

The Centers for Disease Control (CDC) reports a causal link between the presence of the toxic mold and rare and unique medical conditions has not been proven. Mold growth is also alleged to have destroyed millions of dollars in real estate and forced homeowners to the curb.

The United States Toxic Mold Safety and Protection Act will mandate comprehensive research into mold growth, create programs to educate the public about the dangers of toxic mold, and provide assistance to victims. In addition, the Act will generate guidelines for preventing indoor mold growth, establish standards for removing mold when it does grow, provide grants for mold removal in public buildings, authorize tax credits for inspection and/or remediation of mold hazards, and create a national insurance program to protect homeowners from catastrophic losses.

Taken as a whole, the Toxic Mold Safety and Protection Act will attack indoor mold growth with good science, public awareness, and tangible relief.

The following is a summary of the major provisions of the bill:

Title I - Research and Public Education

The Bill directs the Environmental Protection Agency (EPA) and Centers for Disease Control (CDC) to examine the effects of different molds on human health and develop accurate scientific information on the hazards presented by indoor mold.

The Bill directs EPA and the Department of Housing and Urban Development (HUD) respectively, to establish guidelines that identify conditions that facilitate indoor mold growth and measures that can be implemented to prevent such growth. The guidelines will also address mold inspection, testing, and remediation.

The Bill asks EPA and HUD to establish guidelines for certifying mold inspectors and remediators. The guidelines will help identify hazards associated with inspection and remediation and the steps that should be taken to minimize the risk to human health.

The Bill authorizes programs to educate the public about the dangers of indoor mold. An informed public with be in a better position to avoid mold hazards, prevent mold growth and respond appropriately when mold growth occurs.

Title II - Housing and Real Property Provisions

The Bill requires mold inspections for multi-unit residential property and mold inspections for all property that is purchased or leased using funds that are guaranteed by the federal government. The Bill also requires mold inspections in public housing.

The Bill requires, to whatever extent possible, that local jurisdictions modify building codes to minimize mold hazards in new construction.

Title IV - Indoor Mold Hazard Assistance

The Bill authorizes grants for mold removal in public buildings.

Title V - Tax Provisions

The Bill authorizes tax credits for inspection and/or remediation of mold hazards.

Title VI - National Toxic Mold Insurance Program

The Bill creates a National Toxic Mold Insurance Program administered by the Federal Emergency Management Agency (FEMA) to protect homeowners from catastrophic losses. Many homeowners are finding that insurance companies will not offer adequate coverage for mold.

Title VII - Health Care Provisions

The Bill enables States to provide medicaid coverage to mold victims who are unable to secure adequate health care