Loth 09-2010-pp

PRESENTED BY

KATHRYN L. PASCALE MICROBIOLOGIST AND PRESIDENT OF

C.H.M.M. INC.ENVIRONMENTAL INSPECTIONS AND

IAQ LABORATORY

NEW REGULATIONS FOR LEAD PAINT, MOLD INSPECTIONS

& CHINESE DRYWALL

EPA RENOVATION, REPAIR AND PAINTING (RRP) RULE

HUD/CPSC INTERIM GUIDANCE FOR CHINESE DRYWALL INSPECTIONS

FLORIDA’S MOLD INSPECTION AND REMEDIATION LAWS

NEW REGS FOR 2010(Already in Effect)

•FEDERAL LAW

•EFFECTIVE APRIL 22, 2010

•REQUIRES ALL WORK DONE ON PRE 1978 HOMES THAT DISTURBS PAINTED SURFACES TO BE CONDUCTED BY EPA

CERTIFIED RRP CONTRACTORS

EPA’S RENOVATION, REPAIR & PAINTING PROGRAM (RRP) RULE

• ALL WORK ON PRE 1978 HOMES WHICH DISTURBS PAINTED

SURFACES OF>6 SF INTERIOR

>20 SF EXTERIORAND ALL WINDOW REPLACEMENT

REGARDLESS OF SF

WHAT IT COVERS

RULE SPECIFICALLY LISTS, BUT IS NOT LIMITED TO;

• REMODELING• REPAIRS

• MAINTENANCE WORK• ELECTRICAL• PLUMBING• CARPENTRY

• WINDOW REPLACEMENT

“ANY ACTIVITY THAT DISTURBS PAINT IN PRE 1978 HOUSING”

• ALL CONTRACTORS

• ANYONE RECEIVING COMPENSATION INCLUDING RENT AND MANAGEMENT FEES

• PROPERTY MANAGERS AND THEIR EMPLOYEES

• MAINTENANCE WORKERS

WHO IT COVERS

•WORK DONE BY HOMEOWNERS ON THEIR OWN RESIDENCE

•LEAD ABATEMENT PROJECTSSTILL NEED AN EPA CERTIFIED LEAD-BASED

PAINT ABATEMENT CONTRACTORMUCH HIGHER STANDARD OF TRAINING

DOES NOT APPLY TO….

STILL AN UNACCEPTABLY HIGH NUMBER OF

CHILDREN IN U.S. WITH ELEVATED BLOOD LEAD

LEVELS (EBLL)

REASON BEHIND RRP LAW

EPA AND HUD EXPECTED TITLE X TO SIGNIFICANTLY REDUCE EBLL

BY ALERTING PARENTS TO THE PRESENCE OF LEAD-BASED PAINT IN THE HOMES THEY WERE BUYING OR RENTING

REASON BEHIND RRP LAW

EFFECTIVE 1996

SELLER, LANDLORD OR THEIR REPRESENTATIVE MUST PROVIDE PROSPECTIVE BUYER OR RENTER WITH EPA

PAMPHLET “PROTECT YOUR FAMILY FROM LEAD IN THE HOME’

MUST PROVIDE 10 DAYS FOR A LEAD INSPECTION

MUST GET WRITTEN CONFIRMATION THAT BUYER/RENTER READ PAMPHLET AND UNDERSTANDS

LEAD HAZARDS IF THEY CHOOSE NOT TO OBTAIN INSPECTION

TITLE X REFRESHER

•SIGNIFICANT NON-COMPLIANCE WITH TITLE X EVEN THOUGH

THERE ARE $10,000 FINES

•EPA NEVER HAD THE PERSONNEL TO ENFORCE THE LAW

REASON BEHIND LAW

SINCE THEY CAN’T FORCE PEOPLE TO HAVE AN INSPECTION WHEN

PURCHASING OR LEASING……………………………… ……..THEY ARE NOW SIMPLY

TREATING ALL PAINTED SURFACES AS IF THEY CONTAIN LEAD

REASON BEHIND LAW

FINES FOR NON-COMPLIANCE UP TO $32,500 PER DAY PER

VIOLATION

WILL EVENTUALLY BE ENFORCED THROUGH LOCAL BUILDING

DEPARTMENTS

ENFORCEMENT

FIRMS AND WORKERS MUST BE EPA CERTIFIED TO CONDUCT ANY RRP WORK

WORKERS MUST BE TRAINED IN LEAD SAFE PRACTICES BY AN EPA CERTIFIED TRAINING

PROVIDER

MUST RECERTIFY EVERY 5 YEARS

WHAT MUST BE DONE ?

NOTIFICATION OF OCCUPANTS

MUST USE LEAD-SAFE WORK PRACTICES THAT MINIMIZE

OCCUPANT’S EXPOSURE TO LEAD DUST

PROPERLY CLEAN & POST RRP VERIFICATION

WHAT MUST BE DONE ?

•PROVIDE EPA PAMPHLET “RENOVATE RIGHT” TO OCCUPANT (HOMEOWNER, TENANT, ETC.) BEFORE

STARTING WORK

• WRITTEN CONFIRMATION THAT OCCUPANT RECEIEVD PAMPHLET

• RETAIN RECORDS FOR 3 YEARS

•POST SIGNS DESCRIBING THE NATURE, LOCATION AND DATES OF WORK

NOTIFICATION

•CONTAINMENT TO PREVENT DUST FROM LEAVING WORK AREA

•PROHIBITION OF METHODS THAT PRODUCE LEAD DUST OR FUMES (DRY SANDING, SCRAPING, HEAT GUNS,

BURNING)

•POWER TOOLS MUST HAVE HEPA EXHAUST CONTROLS

•WORKER PPE (RESPIRATORS, PROTECTIVE CLOTHING)

WORKPLACE CLEANING AND VERIFICATION

PROPER DISPOSAL OF WASTE

LEAD-SAFE WORK PRACTICES

WILL ADD SUBSTANTIAL COSTS TO ALL PRE-1978 RENOVATION, REPAIR, PAINTING AND

MAINTENANCE JOBS

FEWER CONTRACTORS AVAILABLE FOR WORK ON PRE 1978 HOMES

MANY CONTRACTORS ARE CHOOSING TO AVOID OLDER HOMES RATHER THAN

ASSUMING THE COSTS OF MAINTAINING EPA CERTIFIED WORKERS

COSTS

• ZERO-BEDROOM DWELLINGS

•HOUSING FOR THE ELDERLY OR DISABLED (UNLESS CHILDREN UNDER 6 RESIDE OR ARE

EXPECTED TO RESIDE THERE)

•HOUSING OR COMPONENTS DECLARED LEAD-FREE BY AN EPA CERTIFIED LEAD BASED PAINT

INSPECTOR OR RISK ASSESSOR(NOT THE RRP CONTRACTOR

AND NOT HOMEOWNERS WITH TEST KITS)

EXEMPTIONS

ADVANTAGES:•HOME MAY NOT HAVE ANY LEAD

•RRP COMPONENTS MAY NOT HAVE ANY LEAD

•EITHER WAY, DON’T NEED TO PAY FOR AN EPA CERTIFIED CONTRACTOR

•CAN USE ANY CONTRACTOR AS LONG AS YOU CAN PROVIDE LEAD-FREE REPORT

LBP INSPECTION EXEMPTION

Percentage of Homes Containing Lead-Based Paint in the U.S.

by Year Built

24%

69%87%

0%20%40%60%80%

100%

1960-1978 1940-1960 Pre-1940

UNLIKE OTHER HOME INSPECTIONS, LBP INSPECTION REPORTS ARE GOOD FOREVER

ALL FUTURE RRP WORK WILL BE EXEMPT

CAN INCREASE VALUE OF PROPERTY

CAN BE USED LATER TO MEET TITLE X DISCLOSURE REQUIREMENTS WHEN SELLING

OR LEASING THE PROPERTY

OTHER ADVANTAGES OF LBP INSPECTION REPORT

LEAD-BASED PAINT LIABILITY

Lately seen an increase in banks requiring LBP inspections on non-government backed loans ALREADY REQUIRED ON FHA AND VA LOANS, ETC.

Possibly to limit their liability in a foreclosure Don’t want to own properties with liabilities

Insurers also requiring more LBP inspections on multi-family units

MUST HAVE A “SURFACE BY SURFACE” INSPECTION CONDUCTED BY EPA CERTIFIED INPECTOR OR RISK

ASSESSOR (NOT RRP CONTRACTOR)

THESE INSPECTIONS ARE CONDUCTED USING AN X-RAY FLUORESCENT SPECTROMETER (XRF)

WHICH IS DIRECT READING AND DOES NOT HARM PAINTED SURFACES

TO MEET HUD AND EPA GUDELINES EVERY PAINTED SURFACE MUST BE TESTED

RESULTS IN HUNDREDS OF READINGS PER HOME

TO QUALIFY FOR LEAD-FREE EXEMPTION

PAINT CHIP SAMPLES

Can use paint chip samples, but; Every sample must be 2”X 2” and include all layers of

paint down to the bare substrate

Still must sample all surfaces required by EPA and HUD protocol Means a hundred or more holes all over

house No seller will allow that Laboratory fees prohibitive

PAINT CHIP SAMPLES

Taking a few paint chip samples from hidden areas like closets is not a LBP inspection

This is not an EPA /HUD approved LBP inspection

Not legal to claim its a LBP InspectionNot acceptable for Title X Disclosure Rule

or to obtain RRP Rule Exemption

LEAD PAINT, ESPECIALLY ON FRICTION SURFACES (WINDOWS, DOORS, STAIRS, ETC.)

CONTRIBUTE LEAD PARTICLES TO HOUSEHOLD DUST;

RRP ACTIVITIES CAUSE EVEN MORE DUST

DUST IS INGESTED BY HAND TO MOUTH ACTIVITIES ON TOYS, HANDS AND FOOD

PURPOSE; LIMIT EXPOSURE TO LEAD DUST

HEALTH EFFECTS

Neurological damage Developmental

Lower IQ Behavioral problems

ADD Stunted growth

Lead deposits at bone ends where growth occurs

Adults Kidney damage High blood pressure Elevated BLL in osteoporosis patients

Lead deposited in childhood leaches out and causes lead poisoning

MYTHS

#1 Lead poisoning only caused by chewing

paint chips

Most exposure occurs through household dust LBP on wear surfaces settle in household dust Hand to mouth ingestion Children pick up dust from floors on hands and toys

MYTHS

#2 Only found in low income housing

Lead-based paint high quality and expensive Long lasting Resistant to elements Designed to slough off and always look fresh

In South Florida More prevalent in Palm Beach mansions than PHA

QUESTIONS?

LBP

HUD/CPSC INTERIM GUIDANCE FOR INSPECTIONS

LAWSUIT RULINGS SETTING PRECEDENTS FOR REMEDIATION

CHINESE DRYWALL 2010 DEVELOPMENTS

CHINESE DRYWALL BASICS

Drywall is made from gypsum Naturally mined or synthetic

Synthetic gypsum is made from the byproduct of power plant air scrubbers Original theory was that the problem drywall was made

from synthetic gypsum contaminated by power plant fly ash

Actually made from naturally mined gypsum Several mines in one area in the Shandong Province These mines have now been shut down

SCOPE

Between 2005 and 2007 approximately 320 Million Ft2 of drywall was imported into the U.S. from China

Most of it was used in Florida, Texas, Louisiana, Alabama and Mississippi But reported as far as Canada and Guam

Enough to be in tens of thousands of homes

MANUFACTUERERS

Knauf Plasterboard (Tianjin) Co. Ltd.Taian Taishan Plasterboard Co. Ltd.Shandong Taihe Dongxin Co.Shandong Chenxiang GBM Co. Ltd. (C&K Gypsum Board)Beijing New Building Materials (BNBM)

SYMPTOMS

Off-gassing volatile sulfur compounds Can produce rotten egg odor Corrosive to bare copper

Components like A/C coils, refrigeration lines, copper ground wires, plumbing and electronics have been failing at a higher than normal rate

This is the most common symptom of the problem, and the only one that has been scientifically linked to the drywall

Copper corrosion on A/C coils

A/C coilcorrosion

HEALTH EFFECTS

No data linking off-gassing to health effects Air sampling to date has shown levels of H2S and CS2

to be well below OSHA standards

EPA and Florida DOH both currently conducting additional air sampling To determine if anything else in the drywall can be

causing the health issues people are claiming

CURRENT DATA

FDOH and several drywall manufacturers have all done comparison testing on Chinese and domestic drywall

Environmental Chamber Testing High heat & relative humidity

Chinese drywall produced 2 volatile sulfur gases which the domestic samples did not hydrogen sulfide and carbon disulfide.

Also contains compounds not present or present in much lower levels in the domestic samples iron disulfide, strontium sulfide and five organic compounds

CAUSE OF OFF-GASSING UNKNOWN

None of these tests has determined what the actual component(s) is that is causing the off-gassing

Speculation Might be coming from the iron disulfide or strontium

disulfide Fumigation materials may be reacting with the organic

compounds

No one knows right now

INTERIM GUIDANCE

THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND

THE U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC) HAVE ISSUED A JOINT GUIDANCE DOCUMENT for conducting Chinese drywall inspections

INTERIM GUIDANCE

TWO PART IDENTICATION METHOD

STEP 1: THRESHOLD INSPECTION

STEP 2: CORROBORATING EVIDENCE

• VISUAL INSPECTION REVEALS BLACKENING OF COPPER ELECTRICAL WIRING AND/OR A/C

COILS; AND

• DRYWALL INSTALLATION DATE BETWEEN 2001 AND 2008

IF BOTH CRITERIA ARE MET THAN GO TO STEP 2

STEP 1:THRESHOLD INSPECTION

BECAUSE CORROSION CAN BE CAUSED FOR REASONS OTHER THAN THE PRESENCE OF CHINESE DRYWALL

CORROBORATING EVIDENCE IS REQUIRED

FOR HOMES BUILT BETWEEN 2005 AND 2008 NEED TO HAVE 2 OF THE FOLLOWING 6

INDICATORSFOR HOMES BUILT BETWEEN 2001 AND 2004

NEED TO HAVE 4 OF THE FOLLOWING 6 INDICATORS


1. PRESENCE OF COPPER SULFIDE IN CORROSION RESIDUE SAMPLE

2. CONFIRMED MARKINGS OF CHINESE ORIGIN


3. STRONTIUM LEVELS >1200PPM IN DRYWALL SAMPLES

4. ELEMENTAL SULFUR LEVELS >10PPM IN DRYWALL SAMPLES


5. ELEVATED LEVELS OF HYDROGEN SULFIDE, CARBONYL SULFIDE

AND/OR CARBON DISULFIDE GASES

6. CORROSION OF COPPER TO FORM COPPER SULFIDE WHEN PLACED IN

TEST CHAMBER WITH DRYWALL SAMPLE


THE FOLLOWING PROCEDURE IS BASED ON THE HUD/CPSC

GUIDELINES

COMPREHENSIVE INSPECTION

DRYWALL INSPECTIONS

CONFIRM DRYWALL INSTALLATION WAS BETWEEN 2001 AND 2008

NEW CONSTRUCTION RENOVATION

INSPECT ALL OF THE FOLLOWING FOR CORROSION:

• COILS OF ALL A/C UNITS

• ALL COPPER PLUMBING COMPONENTS

• COPPER GROUNDWIRES IN EVERY ROOM• Important to check all rooms….. we’ve found homes with

contaminated drywall in just one room and sometimes just one wall…and those rooms will have copper corrosion while the rest of the

house might not

DRYWALL INSPECTIONS

COLLECT COPPER CORROSION SAMPLES FOR LABORATORY ANALYSIS

COPPER SULFIDEOr

OXIDATION

DRYWALL INSPECTIONS

AIR SAMPLE ANALYSIS FOR PRESENCE OF HYDROGEN

SULFIDE, CARBONYL SULFIDE AND/OR CARBON DISULFIDE

GASES

DRYWALL INSPECTIONS

PREFER:

•CORROSION SAMPLING• AIR SAMPLING

•BOROSCOPE INSPECTION FOR LABELS

DRYWALL INSPECTIONS

RATHER THAN DRYWALL LAB SAMPLES BECAUSE

NEGATIVE RESULT ON 1 DRYWALL SAMPLE NOT SUFFICIENT TO SAY

HOUSE IS FREE OF CHINESE DRYWALL

ONLY MEANS THAT 1 SHEET IS

DRYWALL INSPECTIONS

WHEREAS CORROSION SAMPLES CAN BE COLLECTED FROM ALL PROBLEM AREAS

AIR SAMPLES CAN BE COLLECTED FROM ALL ROOMS THAT HAVE CORROSION

BOROSCOPE READINGS CAN BE DONE ANYWHERE

THIS COMBINATION GIVES THE MOST CONCLUSIVE RESULTS

DRYWALL INSPECTIONS


Air samples For volatile sulfur compounds H2S and CS2

Collected from inside wall cavity in those rooms with copper corrosion Gases more concentrated Worse case scenario of the health threats present in

that particular home

ORIGIN LABELS

MUST INSPECT BOTH CEILING AND WALLSDifferent specifications for ceiling drywall, ½” Vs 5/8”

RARELY FIND CHINESE DRYWALL IN CEILINGS EVEN IN HOMES WITH CHINESE BRANDS IN THE WALLS

DRYWALL INSPECTIONS


LABELS:Visual inspection of attic drywallBoroscopic inspection of wall cavitiesCheck walls in all rooms that have copper

corrosion Drywall sometimes clustered by manufacturer as it

came off pallets Other times totally random

Found every possible scenario From whole house To one sheet in one room

LABORATORY ANALYSIS OF DRYWALL

Sending a piece of drywall for analysis Strontium and elemental sulfur Costs prohibitive, so usually only one sample taken

Results are only for the one piece of drywall sampled Like calling a house lead-free after testing one wall

Drywall is a commodity Builder calls supplier and orders by size, thickness, fire

rating, etc. Warehouse sends whatever pallets of that spec on hand

CHMM Inc. encountered five different brands in one house

1 S T JURY CASE AWARDED $2.46 MILLION TO FLORIDA COUPLE AGAINST BANNER SUPPLY IN

MIAMI

THE LAWSUIT ALLEGED THAT BANNER KNOWINGLY SOLD DEFECTIVE DRYWALL TO

BUILDERS

BANNER 55% LIABLE KNAUF AND 2 OTHERS HAVE MAUFACTURERS HAVE REMAINDER OF LIABILITY

HOMEOWNER’S LAWSUITS

2010-FEDERAL JUDGE AWARDS $164,000 TO A LOUISIANA FAMILY THAT FILED A CHINESE

DRYWALL SUIT AGAINST KNAUF

KNAUF IS A GERMAN COMPANY THAT IMPORTED CHINESE DRYWALL

SINCE THAT RULING, KNAUF HAS BEGUN SETTLING WITH U.S. BUILDERS WHO BOUGHT

THEIR DRYWALL

HOMEOWNER’S LAWSUITS

A FEDRERAL JUDGE ALSO AWARDED $2.6 MILLION TO 7 VIRGINIA FAMILIES WHO FILED

A SUIT AGAINST TAISHAN GYPSUM CO.

COMPANY IS CHINESE; REFUSED TO RESPOND TO U.S. COURTS

COLLECTING THE SETTLEMENT IS DOUBTFUL

HOMEOWMER’S LAWSUITS

MANY BUILDERS HESITATING TO REMEDIATE DUE TO LACK OF STANDARDS

SOME ARE REMOVING & REPLACING DRYWALL ONLY

SOME ALSO REMOVING CORRODED PLUMBING AND WIRING

REMEDIATION

SINCE THE FEDERAL GOVERNMENT HAS NOT DEVELOPED REMEDIATION

STANDARDS THE STANDARD SET BY ONE JUDGE’S RULING WILL ESSENTIALLY BE

THE STANDARD

IT BASICALLY SAYS THAT A HOME BUILT WITH TAINTED DRYWALL MUST BE

GUTTED AND REBUILT

JUDGE SETS “REMEDIATION

STANDARD”

DRYWALLINSULATION

ELECTRICAL WIRINGPLUMBINGMOLDINGCABINETSCARPETS

MUST REMOVE

FINANCIAL RELIEF

Congress requested IRS to allow casualty loss deduction IRS says EPA and CPSC must first determine that

Chinese drywall “causes extreme and unusual damage”

Congress asked HUD and Treasury for mortgage relief for families who moved out and are also paying rent Nothing done yet

Congress asked SBA for disaster relief loans Nothing done yet

FINANCIAL RELIEF

South Florida Property Appraisers Offices lowering assessed values of affected homes

Documented by an insurance claim, letter from builder, lawsuit or inspection report

Broward County reduced value of about 400 homes in four subdivisions in Parkland by about 20 percent

INSURANCE

Homeowners insurance does not cover environmental defects Asbestos Lead-based paint Mold, if not a result of another covered loss like a flood

Builders are suing their liability insurers Builders did nothing wrong

Drywall meets ASTM Standards Claiming Latent Defects under their liability insurance Insurers won’t pay Have to wait for Judges to decide

Communities and Builders Affected by Stigma(not all confirmed to have used Chinese Drywall)

Builders

Lennar Homes WCI Centerline Homes GL Homes Taylor Morrison Homes North Star Homes Albanese Popkin

Development Group South Kendall

Construction Corp.

Communities

Parkland Golf & Country Club Parkland Canyon Isles The Sanctuary The Oaks Heron Bay Sabal Point Vizcaya Banyan Isles Cobblestone Creek Promenade at Tradition-PSL Mariner Villages Townhouses-Stuart Briella Townhomes of Boynton

Beach Pine Iles (Keys Gate) Kendall

Copper ground wire

Heavy corrosion

Water heater plumbing

No corrosion

Laundry plumbing

No corrosion

Bathroom plumbing

Heavy corrosion, but laboratory analysis proved it was oxidation

Electric panel ground wires

Light corrosion, but laboratory analysis showed heavy sulfur concentration

Knauf Tianjin, aka Knauf Plasterboard Tianjin or KPT

Knauf is a German manufacturer that has acknowledged importing drywall made in China

Photo taken with boroscope

ID by company name: National Gypsum

Member of the Gypsum Association

Photo taken with Boroscope

ID by trademark; GridMar is one trademark of National Gypsum Company


Made in China label

No manufacturer

ToughRock; Trademark of Georgia Pacific Gypsum


Questions?

EFFECTIVE JULY 1, 2010

MOLD INPECTORS AND REMEDIATORS MUST BE LICENSED BY STATE

MUST MEET EDUCATIONAL AND EXPERIENCE CRITERIA AND PASS AN EXAM

CONTINUING EDUCATION

BIENNIAL LICENSE RENEWAL

NEW FLORIDA MOLD REGULATIONS

MUST CARRY AT LEAST $1 MILLION IN E&O AND LIABILITY INSURANCE

REMEDIATION COMPANIES CAN NO LONGER DO THEIR OWN INSPECTIONS OR

CLEARANCES

FINES UP TO $5000 FOR NON-COMPLIANCE

NEW FLORIDA MOLD REGULATIONS

DPR WAS CHARGED WITH DEVELOPING THE LICENSING CRITERIA BEFORE JULY 2010

DIDN’T HAPPEN……….

…..SO LEGISLATURE PASSED HB713 WHICH POSTPONES ENFORCEMENT OF ONLY THE

LICENSING REQUIREMENT UNTIL 2011

ALL OTHER PARTS OF LAW EFFECTIVE 7/1/10

HB 713

•REMEDIATORS CAN NO LONGER DO THEIR OWN INSPECTIONS AND CLEARANCE INSPECTIONS

•INSPECTORS CANNOT ACCEPT ANY COMPENSATION, INDUCEMENTS OR REWARD FROM A REMEDIATION COMPANY AND VICE-

VERSA

MUST CARRY $1 MILLION IN ERRORS AND EMMISSIONS AND LIABILTY INSURANCE

REMAINDER OF REGULATION WILL BE ENFORCED

SINCE THERE WERE NO FEDERAL OR STATE OF FLORIDA

CERTIFICATION PROGRAMS ANYONE, REGARDLESS OF

EXPERIENCE OR EDUCATION COULD CALL THEMSELVES

“CERTIFIED”

REASON FOR LAW

NOW, UNLESS STATE LICENSED, CAN’T CLAIM TITLE OF

“CERTIFIED”“REGISTERED”

“LICENSED” “PROFESSIONAL”

MOLD INSPECTOR

REASON FOR LAW

•INSPECTORS NOT FINDING MOLD PROBLEMS WHERE THERE WERE MOLD PROBLEMS

•REMEDIATION CONTRACTORS FINDING MOLD PROBLEMS WHERE THERE WERE NO

MOLD PROBLEMS

•FALSE POSTIVE RESULTS DUE TO INAPPROPRIATE SAMPLING TECHNIQUES

REASON FOR LAW

•LICENSED-MORE ACCOUNTABLE

•INSURED-RECOURSE FOR ERRORS

•LESS CONFLICT OF INTEREST

IMPROVEMENTS

STILL UNDER DEVELOPMENT SO THERE WILL CONTINUE TO

BE HUGE DISPARITIES IN INSPECTIONS

AND CONTINUED PROBLEMS SUCH AS………….

NO STANDARDS OF PRACTICE

FALSE POSITIVE MOLD REPORTS

This continually happensBecause most mold inspections are nothing

more than air sample inspections

Air samples cannot distinguish between Mold spores…………which are NOT the problem And mold growth……... which is the problem

MOLD SPORES Vs MOLD GROWTH

Mold spores are everywhere In every home Perfectly normal Should be expected

Mold growth is the problem Mold growth is a symptom of a moisture problem

MOLD SPORES

Think of a mold spore like a seed When you add water it sprouts like a seed These sprouts are called hyphae The only way to distinguish between spores with

and without hyphae is by direct microscopic examination of samples taken from suspect areas in the home

Air samples can not do this

MISCELLANEOUS SPORES

Typical of an air sample

Alternaria sp.

Spores and hyphae on tape slide

Aspergillus sp.


Stachybotrys sp.


Stachybotrys sp.

Spores and hyphae in interstitial wall cavity sample

AIR SAMPLE INSPECTIONS

Simply compares the indoor spore count with outdoor spore count Inspector takes a few samples indoors and one

outdoors Sends samples to a laboratory

If indoor spore count is < outdoor spore count Lab report says you passed

If indoor spore count > outdoor spore count Lab report says you failed


The problem with this technique is the spore count outside is tremendously variable;

Changes with the season Changes with the weather Even the time of day

Example:

Monday Tuesday

Take indoor sample and outdoor sample

Indoor spore count=500Outdoor spore

count=700

Lab report says PASSED

Take same two samples After it rained Monday

night

Indoor spore count=500Outdoor spore

count=200

Lab report says FAILED


THERE IS NO MOLD

PROBLEMBut now the buyer has a

report that says there is


Another problem with air sample inspections:

Even if you have a legitimate mold growth problem; Air samples don’t tell you

Where the mold is growing The extent of the problem

Buyer has no idea what it will take to fix the problem Which is exactly what all buyers want to know

All they have is a lab report that states a mold problem exits in the house

GROWTH CAN BE PRESENT WITHOUT ELEVATED AIR SAMPLE RESULTS

PATH TO LAWSUIT:PASSED AIR SAMPLE INSPECTION-TYPICALLY CALLED A MOLD SCREEN OR LIMITED MOLD

INSPECTION(READ FINE PRINT)

BUYER MOVES INTO NEW HOME

AIR SAMPLE INSPECTIONSFALSE NEGATIVES

START RENOVATING

FIND MOLD IN WALL CAVITIES, BEHIND BASEBOARDS, BEHIND WALLPAPER

SPORES THAT ARE “CONTAINED” IN THIS WAY DON’T TYPICALLY SHOW UP IN AIR SAMPLESMUST DO MOISTURE MAPPING AND SURFACE

SAMPLING TO FIND IT


FALSE NEGATIVES

MORE SAMPLING TECHNIQUES FOR FALSE POSITIVE MOLD REPORTS

Swab Samples Inspector swabs a surface in the home Inserts swab into a vial of growth media Sends vial to laboratory

What happens to a spore in growth media?It grows

Whether or not it was growing in the home

Again the buyer gets a report stating there is a mold problem where none exists

COMPREHENSIVE MOLD INSPECTION

A mold inspection should include all of the following:

Surface samples from all areas of visible mold or water stainsMoisture mapping around all doors windows, plumbing and

anywhere else water leaks could occurInterstitial samples from those areas where moisture is foundSamples from all A/C unitsAir samples Temperature and Relative Humidity measurements


The report is just as important as the inspection

Should include not only the lab results, but also;

Conclusions What was found and where

Recommendations What needs to be done

QUESTIONS?

Real Estate

Loth 09-2010-pp