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February 2003

Word on the Street    

Smith Out, Pabotoy In At EPA's Indoor Division 

Nation's First Mold Class-Action Suit Named in Fla.

When (And When Not To) Close A School For Mold  

Contractors Toolbox - Keeping Your Ethics On The Job  

Word on the Street

  • Voices: "There are, of course, only two seasons in Canada: this winter and last winter."
    Dr. Joe Lstiburek, during his Jan. 29 public session presentation at ASHRAE's winter meeting in Chicago
  • Update From The Hill: Last year’s headline-grabbing federal toxic mold bill is being reintroduced into Congress this month. A staffer in the office of Rep. John Conyers (D-Mich.) hinted toward a formally organized lobby on Capitol Hill in support of the Melina Bill. This is now being penciled in to take place in April.
    For now, though, the big news surrounding the bill involves some changes made prior to its introduction in the new congressional session. The revised United States Toxic Mold Safety and Protection act will involve the National Institute for Occupational Safety and Health and the American Society of Heating, Refrigerating and Air-Conditioning Engineers. The updated bill’s ASHRAE component came about with help from Indoor Air Quality Association President Tom Yacobellis because many reported mold cases have involved air conditioning and ASHRAE’s input on the mold issue is welcome.
  • Mercury Effects: Knowledge of the dangers of mercury exposure was common enough to have most mercury thermometers taken off the market, but current action to protect Americans from this harmful element may not be enough, author Russell L. Blaylock argues in his new book, Health and Nutrition Secrets That Can Save Your Life. The board-certified neurosurgeon details routes of unrecognized exposure in everyday objects, such as batteries and fluorescent light bulbs, and cites disturbing evidence of the effects.
    “Many of us are being exposed to levels of mercury that have been demonstrated to significantly affect the nervous and immune systems and other biological structures,” says Blaylock. “For instance, children and adults are being exposed to mercury in a multitude of ways: through vaccines, medications, broken thermometers, antiseptics, industrial usage, contaminated fish and dental amalgams.”
    Some of Blaylock’s focus is on the effects of mercury accumulations in pregnant and nursing women as well as the use of thimerosal, a mercury-based preservative used in many mandatory childhood vaccinations. Health and Nutrition Secrets That Can Save Your Life explains how to remove mercury from the body safely and provides recommendations for avoiding future exposure. The book is available from Health Press.
  • Aloha, Moola: Renovations due to mold remediation at the Hilton Hawaiian Village late last year cost the global hotel chain $15 million more than expected, according to the corporation’s quarterly earnings report, released in January. 
    Kalia Tower, where 453 guest rooms were closed and ridded of their furniture last year after employees discovered mold there, is expected to be reopened as early as April, hotel officials said.
  • IAQ expert: B.J. Spanos, known for her work as an editor of the monthly INvironment Professional newsletter, has been named the managing editor for Aerias, a comprehensive online resource for indoor air quality information.
    In her more than 20 years as a professional writer and editor of technical, medical and scientific information, Spanos has authored numerous technical articles and speeches and has edited several books and periodicals. In the past decade, her concentration has been on IAQ issues, including toxic mold and risk management, productivity and IAQ, and allergies and asthma. Spanos recently researched and authored a landmark publication, “Mold: Cause, Effect and Response,” for the Foundation of Wall and Ceiling Industries.
    “She brings not only a wealth of knowledge about IAQ,” said Dr. Joseph Jarvis, Aerias health content editor, “but she is also well respected both for her objective and in-depth reporting of IAQ issues and in her ability to make highly technical concepts and information easily understandable for the general public and industry professionals alike.”
  • Killer Queen: U.S. federal inspectors in January discovered unsatisfactory health conditions aboard a world-famous ocean liner. Mold residue and cockroaches were among problems on the Queen Elizabeth 2, according to members of the U.S. Centers for Disease Control. Even with blocked drains and malfunctioning equipment, Cunard Line’s 34-year-old luxury cruise ship remained in use while renovations and another inspection took place, although the company said the QE2 could be taken out of trans-Atlantic service next year.
  • ACGIH Updates: Directors of the American Conference of Governmental Industrial Hygienists have ratified the 2003 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices. ACGIH’s Board of Directors also approved recommendations for additions to the Notice of Intended Changes. ACGIH members can download an electronic version of the annual reports of the board’s ratifications at no cost from www.acgih.org/store. Nonmembers may acquire the report for $19.95.
  • Agenda Setting: The hot Texas topic of mold was one of the biggest stories of 2002, ranking at No. 6 in the Austin Chronicle’s annual list of “Top 10 News Stories.” The newspaper recounted the mold claims that nearly left a major insurer unable to renew 700,000 homeowners policies, the gubernatorial race in which mold policy was an significant campaign issue, and the court decision to reduce the $32 million payoff in the civil case involving plaintiff Melinda Ballard.
  • Standards Violation : If there was a low point to the AHR Expo 2003, it was undoubtedly the allowance of smoking within the confines of the McCormick Center, where the show took place. Whereas at previous shows smokers were relegated outside, in Chicago it seemed like show management went out of their way to accommodate cigarette addicts. 
    The photo below was taken by an IE Connections reporter at 1:30 p.m. It shows just one of four ash trays that were overflowing with butts. This particular "smoking area" was the entrance way to a concession area that housed a coffee shop, juice bar, and wet bar. This area was less than 25 yards from the main entrance to the AHR Expo registration area. Ventilation to the smoking area consisted of a door propped open with a phone book - a measure taken by the smokers themselves who couldn't stand the smell of their own habit. 
    The AHR Expo brings millions of dollars to its host city's economy. ASHRAE and ARI ought to flex their economic muscle and require facilities they book to ditch the ashtrays.

   

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Smith Out, Pabotoy In At EPA's Indoor Division

CIAQ meeting
As the Federal Interagency Committee on Indoor Air Quality gathered for its quarterly meeting on Jan. 23, Mary T. Smith looked around the room of the Communications Workers of America building and became fully aware that this would be her last CIAQ meeting as director of her department.
Smith formally announced at the meeting that she was leaving the Indoor Environments Department of the Environmental Protection Agency. Although her announcement was probably already known to everybody in the room, she said she could not help but feel saddened about her departure after seven-and-a-half years in the department.
Due to an unfortunate case of bad timing, only a few representatives from CIAQ member departments and agencies were present for Smith's last meeting. Andy Persily of the National Institute of Standards and Technology was attending a concurrent meeting of ASHRAE's Standard 62 committee. Lori Saltzman, of the Consumer Product Safety Commission, was also not present, and not accounted for was Ellen Taylor, of the Department of Housing and Urban Development.
After Terry Logee provided an update on behalf of the Department of Energy, Smith made several comments on behalf of her EPA department. She said the research and development office had created a new national center to deal with risk assessment. One of its first projects would be dealing with tobacco. Smith went on to mention that January is National Radon Month. She announced that a new brochure detailing the benefits of using the EPA's Tools for Schools Program was now available at the agency's Web site.

Revolving Door
Only a moment later, she said that she would be starting another position within the EPA, specifically in the Office of Science and Technology. On Monday, Feb. 3, she began her new job as director of the Engineering and Analysis Division, where she replaced career senior executive service appointee Sheila E. Frace.
Until a permanent replacement is found for the vacant position of Indoor Environments Department director, the seat has temporarily been turned over to Barbara Pabotoy, who works as staff director for the EPA's Office of Air and Radiation. Part of her existing job there is to oversee the office's diversity, management and staff development or career enhancement training, recruitment, conflict resolution and mentor programs.
Prior to her nine years with the EPA, Pabotoy had worked elsewhere in Washington, D.C. During a decade with the U.S. Peace Corps, she was appointed as deputy director of the Office of Training and Program Support and senior adviser to the agency director. She also volunteered overseas under other positions with the Peace Corps.

Presentation
A guest presentation made at the 90-minute meeting by Lt. Gary W. Carter, of the Environmental Health Services division of the Indian Health Service, sparked some "healthy" debate. Carter presented his division's unofficial position on mold as "an issue of disproportionate resource allocation" as opposed to a health risk.
The team of writers working with Carter to compose a position paper based its information on the known health effects of exposure to mold on the current scientific research available at the time. Carter said the team concluded that allergies are the most observable health effect among the general tribal population, even though only 10 percent of the population was susceptible to allergies.
He added that two other known health effects of mold exposure - asthma and infections - are limited to special populations and not the general population. Immuno-compromised individuals and those with asthma, he said, should "see a qualified physician," such as an allergist or pulmonary specialist.
"So, when we're talking about the known health effects of mold as they relate to the general population, we're pretty much just talking about allergies," he said in his slide show presentation, before taking the first of several impromptu comments and questions.
An objector from the Environmental Protection Agency said that asthma and infections are more serious than Carter makes them to be. Laura Kolb said that a school in the South decided not to correct its mold problem and a child there died from asthma-related conditions.
Following more dialog among Carter and a few vocal government representatives on various points in the presentation, the conversation turned to the division's guidance and advice to building occupants on remediation.
Carter said when environmental health officers in his division perform visual mold inspections, they determine whether the mold-infested area is greater than or less than 10 square feet. The occupants can easily clean areas smaller than that with proper instruction, Carter said.
However, if the mold-infected area turns out to be greater than 10 square feet, the officers are to assist the occupants in selecting a reputable mold assessment and remediation contractor.
Comments heard in the gallery snickered at the word "reputable," just as the same folks had earlier laughed at the phrase "qualified physician." As far as finding a reputable contractor, Carter laughed and said, "Good luck!" He did, however, mention looking for laboratories with EMLAP certification and training from the AmIAQ Council.
A man responded, "I've been working on asbestos my whole life, and I'm still learning new things all the time. Yet it seems you can take a four-day course anywhere, and suddenly you know everything there is to know about asbestos. The same goes with mold."
A few similar jabs against training and certification bodies gave way to a comment from Kolb of the EPA, who identified a few associations she said have cutting-edge certification programs having to do with indoor air quality.
Summarizing his presentation, Carter returned to the idea of disproportionate mold focus. He added a unique off-the-cuff comment that government could focus on car crashes, which he said are already known to kill 50,000 Americans a year, rather than to study mold. Surprisingly, this obvious red herring argument solicited no comments from the government officials in the room.

Handouts
Prior to the end of the meeting, copies of a letter dated Jan. 22 were provided to all the members of the interagency committee and all other attendees at the meeting.
The one-page letter from the manager of marketing and product development at the American Industrial Hygiene Association listed information about an upcoming conference offering "75 hours of mold education on the latest developments in this complex and controversial field."
The American Industrial Hygiene Conference and Exposition will be held May 10-15 in Dallas, Saloma D. Blond stated in the letter. She asked CIAQ members to post information about the event at their Web sites and to share constituency lists in helping to promote it.
In a letter handed out to attendees of the previous meeting, held Oct. 23, 2002, two other IAQ experts asked CIAQ members to contact them with information "identifying all work now being conducted or planned that involves studies of public school buildings and their impacts on health and performance."
Mark J. Mendell of the National Institute for Occupational Safety and Health and Hal Levin of the Building Ecology Research Group said in an undated letter that they wanted to investigate ongoing studies of unhealthy school buildings, in order to prepare a paper summarizing the results of the study mandated by Section 5414 of the No Child Left Behind Act.
In Mendell's words, the act "requires the U.S. Department of Education to conduct a study of 'national significance' regarding 'the health and learning impacts of environmentally unhealthy public school buildings on students and teachers.'
"The study must include information on the characteristics of public elementary and secondary school buildings that contribute to unhealthy school environments; the health and learning impacts of environmentally unhealthy public school buildings on students who are attending or have attended such schools; recommendations on how Congress can assist schools that are out of compliance with federal or state health and safety codes; and an estimate of the cost for bringing environmentally unhealthy public school buildings up to minimum federal health and safety building standards."

   

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Nation's First Mold Class-Action Suit Named in Fla.

Class-action suits
While some Idaho homeowners wait to find out whether their civil suits against property developing company Hubble Homes can be classified as class-action suits, one case involving a rental complex in Bal Harbour, Fla., has already established the legal distinction of being a class action. It is said to be the nation's first class-action suit having to do with mold.
A lawsuit filed in a Miami circuit court, alleging the owners of the Harbour House South complex were not forthcoming with current and prospective tenants regarding mold remediation efforts at the complex, will proceed as a class-action suit, according to a Jan. 6 decision by Judge Amy N. Dean.
The class action included 17 plaintiffs as of January. Representing them is Joy Lundeen, a Miami attorney from the firm, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
Their legal battle will take on Archstone-Smith, one of the nation's leading owners, operators, developers and acquirers of apartments in protected locations in major metropolitan areas across the country, as well as Smith Property Holdings. The defendants have hired Tara Sky Woodward, a Baltimore-based attorney with Miles & Stockbridge, P.C.
Plaintiffs, who have all been residents of nearly 400 apartment units at Harbour House South, blame the "faulty air-conditioning system" for water accumulation in vents and behind walls. They also say the air-conditioning system had no effect on indoor relative humidity.
The building owners addressed the indoor air quality and comfort concerns in undertaking a renovation project to install a new air-conditioning system and air-handling unit, to dehumidify the building and to inspect and remediate mold growth in each apartment. Temporary plastic ducts were used to pump dehumidified air into the hallways.
Dozens of disaster recovery consultants were called in as part of a mold containment program, including industrial hygienists and technicians, mold remediators, mechanical and structural engineers and refrigeration specialists.

Current Residents
Last October's mold inspection in the complex determined that visible mold was then growing on residents' personal belongings in 150 units, or 40 percent of those units included in the inspection. In 69 other units, visible mold growing on walls or ceilings exceeded 10 square feet.
In nearly 10 percent of the 375 apartments inspected at the time, residents claimed to have health problems as a result of mold, high humidity, or both. The court recognized guidelines by both the U.S. Environmental Protection Agency and the New York City Department of Health as containing pertinent information on the known health effects of mold exposure.
According to a court document, the building owners paid for tenant Rachel Henriques to stay in a hotel for several months while remediation efforts took place. Some of her personal property removed at that time has yet to be returned to her.
Judge Dean ordered on Jan. 9 that current residents of Harbour House South whose units have not yet been fully remediated be given the option of staying temporarily at another location in the complex or be granted an allowance for housing and meals. Under the allowance option, tenants would be given $125 per day for each bedroom and $45 per day for each person's meals, until remediation is completed. Those wishing instead to terminate their leases without penalty have that option available as well.
Under court order, a two-page letter was distributed to all Harbour House South residents explaining their options, as well as the health risks associated with mold exposure. Residents also received notice of the class action courtesy of the plaintiff's law firm.

Prospective Residents
One resident, Rebecca DeFalco, testified in a hearing that she moved into a unit in Harbour House South in October 2002 without knowing anything about the pending lawsuit or contamination in her unit. She said that in the first day of living there, her hallway "turned green with mold."
A secondary action of the Jan. 9 court order mandated that effective immediately, prospective tenants of Harbour House South are to receive a one-page summary before renting apartments within the complex.
The sheet, titled "Mold Disclosure," warns that mold was found "within nearly all of the apartments and in common areas of the building." It also contains one sentence about the remediation efforts, followed immediately by the EPA's list of human health effects to mold exposure and information about the class-action lawsuit and the firm representing the class.
The judge's class certification order dated Jan. 6 states that prior to that date, defendants had not been warning prospective tenants about the existence of mold in the complex.

Groundwater In Idaho
The situation in Florida mirrors another situation across the country in Boise, Idaho, where Hubble Homes continued to sell lots in two of its developments after complaints reached partner company Hubble Engineering regarding possible groundwater issues.
The case against Hubble Homes in Boise, Idaho, has doubled over the past month. Adding to the original Dec. 9 complaint from residents of the Leo's Rosecreek subdivision in Boise, Hubble must now deal with a Jan. 27 suit filed by a second group of homeowners in an adjacent development, Odiaga Rosecreek.
The nine plaintiffs in the new case claim shoddy construction has caused more than 140 homes in their development to flood, weakening the homes' structural integrity and prompting dangerous mold growth.
They say stagnant water has left their homes uninhabitable and that Hubble Homes has performed mold tests in several residents' homes but refuses to release the results of the tests to homeowners.
The same team of lawyers represent the plaintiffs in both cases, including lead counsel Steve Berman, an attorney renowned for his past work in class action against such defendants as Enron employees and the tobacco industry.
Defending Hubble Homes are attorneys Rob Anderson and Randall Schmitz, of Anderson, Julian & Hull, in Boise. 
"Many of the plaintiffs are worried about the health effects of the mold that has arisen from the damp conditions," said Berman.
As in the first suit against Hubble, a detailed history of groundwater studies is outlined in the complaint, filed in Idaho's Ada County District Court. In both cases, lawyers on the plaintiffs' side argue that Hubble Engineering ignored several warnings about possible groundwater seepage into crawlspaces, yet Hubble Homes continued to sell lots without mentioning the problems other homeowners experienced.
Defending Hubble Homes in a brief phone interview, Anderson told IE Connections, "We are investigating these allegations thoroughly, and based upon our initial analysis of the case, it appears that our clients applied for and obtained all the necessary permits from every applicable governing body or regulatory agency."
Berman noted that homeowners often reported drainage problems and tried to work with developers to repair their homes but with little success. "The builders have kept a steady pattern of ignoring homeowners' concerns," he said.
Anderson said that due to ongoing proceedings, he could not address every allegation brought up in the complaints against Hubble Homes. However, he had this to add about his clients: "These guys are quality builders. Hubble Homes has a good reputation in the community and stands behind its product."
"The impact on property values has been devastating," said Berman. At least 50 homeowners have been affected by construction defects, according to the suit, which estimates individual losses for each of the homes between $50,000 and $200,000, or a grand total of $10 million in final damages.
Berman said the plaintiffs would file for punitive damages against the developers at a later date, as permitted by state law.
As of press time, neither of the cases against Hubble Homes has been approved by the court to proceed as a class-action suit. Neither side would speculate as to how long it might take the court to decide whether each suit could be classified as class action.
   

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When (And When Not To) Close A School For Mold

So, you're doing mold investigations. Of course, while conducting a mold survey, you eventually will have to make a decision on whether to close part or all of a building for mold remediation. Probably no more emotional decision is made than when it is decided to close down a school.
But how do you, the "environmental expert," come to make that decision? On what basis do you come to that decision? Over time, I have become more humble about making that call, speaking as an industrial hygienist. I don't feel it is appropriate for industrial hygienists or engineers to make a health-based decision on molds. That is the role of an occupational health physician, and more and more, I work as a team with an occupational health doctor.
I believe that industrial hygienists and engineers can make useful decisions about what constitutes a mold contamination problem and how to differentiate a problem building from a non-problem building. Part of any mold survey should be an understanding of how unwanted moisture is entering the building. Speaking of a team approach, I have worked more recently with building scientists and structural engineers to determine more accurately how moisture sources are impacting the building.
So - OK, OK - if you don't use moisture meters and borescopes and perform a detailed inspection, then just testing is rather limited in what it can tell you. And, of course, if your inspection turns up so much visual mold growth that the project becomes what some call an OMG ("Oh, my God!"), then a decision is easily made.
Often, testing decides how to proceed. Again, a detailed visual inspection with an understanding of how buildings fail is a key component of any mold survey. While your decision shouldn't be made solely on testing, testing can and does tell us something. The important point about testing is not to "under-test." I believe that if you go through the "testing door," you should take a fairly wide range of sample types. It's important to make an informed decision, and I claim that part of that decision is having a large database to review.
Some of the "mold projects" I have become involved with are based on public perception of a problem, and in-depth sampling is needed to determine if this is the case. To take an approach of not sampling generally makes the "problem" linger. Often, sampling to prove there is not a problem calls for more sampling than is done for a real mold problem building. I've attended too many school board meetings that go past their allocated time just to blow off the concerns raised by parents and staff.
The following case studies from two schools in the Middle Atlantic States show an approach about making the decision whether to close down a school. I recommended that one of the schools be shut down for a remediation project. For the other, I called for the school to remain open while remediation took place in one classroom with a mold problem. (Even though it was not a building-wide problem, headlines stated, "Moldy school still open.")

Case No. 1 (1999)
This was a middle school, a 103,000-square-foot, two-story building with slab-on-grade construction, built in 1989. It was a case in which air sampling did not show elevated levels although micro-vac dust samples from carpeting yielded high mold levels on the first floor. On the basis of the carpet dust levels, the school was shut down for a mold remediation.
The first floor had several different HVAC systems. Most classrooms were served by individual unit ventilators, which did both heating and cooling. Various offices as well as the media center and the music rooms were served by a central HVAC system, with air handling units, or AHUs, with hot water heat and chillers for AC.
The second-floor classrooms are also served by individual unit vents. There are operable windows in the classrooms. Carpet was present throughout most of the school, including hallways, classrooms, the media center and the music rooms. Science rooms and art rooms were not carpeted.
Over a three-year period, some teachers had complained about allergies in various first-floor classrooms. In September 1999, the number of complaints of upper respiratory irritation increased. Five teachers had doctor's reports linking poor air quality in the school to their symptoms, and three were out on worker's compensation.
Friendship was not in the air during an initial interview meeting late that month with the teachers' union, administration and myself. After interviewing custodial and maintenance staff, it was discovered that the unit vents had been used extensively - for the first time - over the past summer, along with the central AHUs.
Due to budgetary constraints, only the five "complaint" classrooms in the east wing on the ground floor were sampled, in addition to one control area served by an AHU, the vice principal's office.
Given the limited survey format, several approaches were tried out: (1) use both spore trap & culturable air samples; (2) swab drain pans in unit vents & AHUs serving the areas sampled; (3) collect micro-vac dust samples from the carpet just in front of the unit vents (to see if the unit vent was causing a localized moisture problem) and also from the same carpet near the door.
The outdoor bioaerosol air samples yielded a moderate range of fungi. The indoor air samples taken were lower than the highest outdoor sample and had similar types of fungi as was found outdoors. The outdoor spore trap air samples were much higher than the indoor samples. The same types of fungal structures were found indoors and out.
For air samples, I compare outdoor sampling to indoor sampling, in terms of both total concentration and types of fungi present inside and out. The indoor air samples should reflect outdoor sample results, in terms of both concentration and types of molds detected. If one or more air samples inside show different type(s) of molds than those detected outdoors, then it can be assumed that there is - or recently was - active mold growth indoors.
Low to high levels of fungal growth were detected in the swab surface samples collected from the unit ventilators in five classrooms. The levels detected ranged from 2,300 to 159,900 colony-forming units per square inch for fungi, with most below 30,000 CFU/in2. One sample, from the unit vent in the science room [with no carpeting] was dominated by Penicillium (30 colonies at 77 percent of the total fungi found). This was the only unit vent tested that had elevated levels (above 100,000 CFU/in2, which I consider shows active mold growth as opposed to borderline/moderate levels below that). The two samples from the drain pan of the air handling unit serving the vice principal's office showed low levels of fungi, less than 10,000 CFU/in2.
Two micro-vac dust samples were collected from carpet in each of four classrooms. The science room did not have carpet, so no samples from there were collected. One control sample was collected from the vice principal's office.
Carpet samples were taken from just in front of the unit vents to see if the unit vent was causing a localized moisture problem from an overflowing drain pan or chiller line condensation leaks. Carpet samples were also taken near the classroom door to see if the carpet had a mold and moisture problem throughout the room.
Remember, this was a slab-on-grade construction, and the samples were taken on the first floor. Moisture meter readings did not indicate high moisture levels in the carpet.
To interpret micro-vac dust results, our firm uses an approach put forward several years ago by Joe Spurgeon, CIH, of Bayshore Environmental in California, based on a comparison of total weight of dust per a fixed area (in this case, one square foot). This analysis will call for the laboratory to weigh the entire dust content of the sample. The results interpretation will use total mass, not just CFU/g. Total masses are better for assessment of possible exposure.
This approach considers levels above 25,000 CFU/ft2 as indicative of active mold growth, and levels above 75,000 CFU/ft2 show very active growth. All of the carpet dust samples from the classrooms with unit ventilators had levels above 75,000 CFU/ft2. However, the sample from the vice principal's office was under 5,000 CFU/ft2.
The dominant fungus in the classroom samples was Cladosporium, which accounted for 60 to 85 percent of the total molds found. Although Aspergillus sydowii was not the dominant fungi, it was consistently found in both samples from these four classrooms, ranging from seven to 43 colonies, and was considered the indicator fungus found in this survey. Indicator (sometimes called atypical or marker) fungi, if consistently detected indoors, even at low levels, may show indoor amplification.
On the basis of the elevated micro-vac dust levels, I recommended that the carpets in the east wing on the first floor be removed using mold abatement procedures, that the classrooms not be occupied, and further testing be done of all carpet on the first floor. The school decided to remove the carpet from both the east and west wings.
What caused the high mold levels in the carpet: [1] the carpet on the first floor was prone to moisture problems due to the slab-on-grade flooring, [2] the carpet in the classrooms with unit ventilators had been exposed to excessive moisture levels over the past summer, as the cooling coils in the unit vents could not remove sufficient water vapor from the moist summertime outdoor air, and [3] the cooling coils in the AHUs were sized properly to prevent excessive water vapor from impacting the carpet in the areas served by the AHUs. 
Final clearance sampling, done with spore trap air samples, bioaerosol, tapelifts and swab surface samples, showed lower levels indoors as compared to outdoors. All of the unit vents were also cleaned and tested.

Case No. 2 (2000)
This middle school had become a headline item for the local press. In-depth sampling showed that only one classroom had high mold levels. I worked on this project with an occupational health doctor.
Air sampling was done using both spore trap and bioaerosol air samples in 11 classrooms, both complaint and non-complaint rooms. Two air samples of each type - e.g., spore trap and bioaerosols air samples - were collected from every room. Micro-vac dust samples were collected from the individual unit ventilators in the classrooms. There was no carpeting in the classrooms.
A total of 24 spore trap air samples, including two outdoor air samples, were collected and analyzed using a 24-hour turnaround. The spore trap air samples, which show both living and non-living fungal structures, yielded low levels (as compared to outdoor levels) for all of the indoor areas except for one classroom. This classroom showed a higher level of fungal structures/m3 [two samples with a range of 2,546 to 7,001 fungal structures/m3] than the outdoor samples [1,175 and 1,567 fungal structures/m3]. All of the rest of the indoor samples were less than 900 fungal structures/m3.
The outdoor samples were dominated by Cladosporium and basidiospores; similar types of fungal structures were found in all of the indoor samples. The spore trap air samples did not show any evidence of widespread mold contamination.
Further investigation in the classroom with the high spore trap results found that an exposed roof drainage pipe was the key source of mold growth. The pipe protrudes vertically from the center of the classroom drop ceiling, connects to an elbow and travels horizontally beneath the drop ceiling to a corridor wall. It then runs in a chase to a crawlspace underneath the classroom.
The drainpipe, as it comes down from the roof, was cut through the roof decking. This roof deck, located above the drop ceiling, is a metal fluted deck. The cuts for the pipe left an opening into the metal fluted deck on either side of the pipe.
There was a noticeable moldy odor coming from the open cuts around the pipe. I recommended sealing off all openings in the metal deck in the classroom, along with a complete cleaning of the classroom. Final clearance samples collected from this classroom showed a marked decrease for indoor levels versus outdoor levels. 
A total of 25 culturable bioaerosol air samples, including two outdoor air samples and one field blank, were also collected in the same locations and time as the spore trap air samples. The fungal outdoor air samples showed moderate levels, with a range of 318 to 477 CFU/m3. The outdoor samples were dominated by Cladosporium.
All of the indoor bioaerosol air samples collected yielded low levels of fungal growth. The levels detected ranged from 35 CFU/m3 to 265 CFU/m3, with all but one sample less than 250 CFU/m3. The levels detected were less than the outdoor samples.
Similar types of fungi were detected in the indoor bioaerosol samples as compared to the outdoor samples. None of the bioaerosol air samples showed any elevated levels. It was interesting to note that although the bioaerosol samples from the problem classroom did not show any elevated levels, the spore trap air samples did.
Most of the micro-vac samples yielded low levels of fungi. The unit vents had recently been cleaned. The levels ranged from 1,000 to 18,000 CFU/ft2. I consider levels above 25,000 CFU/ft2 as indicative of active mold growth, and levels above 75,000 CFU/ft2 show very active growth. Two samples had levels above 5,000 CFU/ft2 but less than 25,000 CFU/ft2.
The extensive sampling was able to pinpoint a problem area (one classroom) and also show that the school did not have a widespread mold problem. By the time our firm got involved with this school, it was just as necessary to rule out problem areas as rule in problem areas.
The public perception was that this school had a major mold problem; only in-depth testing could prove or disprove this feeling. Actually, the school did have a problem with providing sufficient outdoor air to the occupied spaces, and a detailed HVAC inspection found numerous shortcomings.
John Tiffany, an industrial hygienist, has served over 10 years as president of Tiffany-Bader Environmental Inc. in Titusville, N.J. He is a founding member of the International Society of Indoor Air Quality and Climate and has been vice president of practice since 2000. Having served as the chair of several committees for the American Industrial Hygiene Association, Tiffany now acts as AIHA's liaison to the American Society of Heating, Refrigeration and Air-Conditioning Engineers. He is currently technical director for 15 IAQ courses at the MidAtlantic Environmental Hygiene Resource Center. He can be reached by phone at (609) 730-0297 or by e-mail at tbenvir@aol.com.

Mold & Schools Article Page 
John Tiffany 
February 2003

   

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Contractors Toolbox
Keeping Your Ethics On The Job

By Jay Colburn
In what was one of my most disheartening situations on the job, I was called out to act on a foul odor in someone's house. A cat crawled into a heating duct to give birth to a litter of kittens. After nursing her young, the mother cat was able to find her way out of the duct. However, her litter was not so fortunate. Some of the kittens died inside that duct, while the others were trapped.
In the meantime, with the winter approaching, the weather inside and out was becoming colder. The family, not knowing about the kittens, turned on the heater, and before long, their home was filled with an awful, pungent smell. You can imagine what it was, but the family had no idea.
My job, as given to me by the building contractor, was just to mask the odor with a deodorizer and hide the situation. Imagine that; as if masking the odor would help to solve the problem at hand. I have been trained in source removal, and so I went in, against the insurance company's wishes, and opened the ceiling and removed Sheetrock, and removed and replaced the affected areas of the contaminated ductwork. This completed my duty as a trained member of the service industry.
Sure, I went over and above what the insurance company said I had to do. And sure, I had to eat the extra costs. But I've been taught to try to do the right thing, even if it means going above and beyond, and even when money is involved.
As a member of the service industry, I serve people. As an ethical person, I put people first, not the dollar.

Textbook Definition
Webster defines ethics as: "the discipline dealing with what is good and bad and with moral duty and obligation; the principles of conduct governing an individual or a group; a theory or system of moral values."
The restoration and remediation industry continually seems to get a "bad rap" regarding its ethical conduct. Members of the restoration industry are regularly put in situations in which they are asked, in no uncertain terms, to sacrifice their ethics. I, myself, have been in that situation several times. In response, my fellow co-workers and I consistently choose not to sacrifice our ethics.
As a result, we have lost a lot of work, but in those situations, I have to wonder whether that job would have even been worth it. Would I be able to sleep at night knowing that my professional standards and procedures were not followed? Could I live with myself knowing that "I bought that work"? Maybe it was divine intervention.
I see new companies coming into the service industry, and they quickly amass an extraordinary amount of work. And it makes me wonder, "Why didn't I get that job?" The insurance company must have preferred getting the contractor with the lowest bid over getting the most qualified contractor. That becomes evident six months down the road when we are asked to come in because the structure is now uninhabitable. I believe that doing the right thing, no matter how hard it may be at times, will always come back tenfold.
Environmental Restoration was nominated for a business ethics award last year. This nomination came as a bit of a surprise. Quite frankly, I was floored. It really gave me an opportunity to reflect on what I feel has been one of my greatest accomplishments. I never realized what an honor it was until I was receiving the award. Business ethics is what I built my business on. I deal with the good and the bad with the system of moral values. As I reflected on my past, I realized that an ethical and moral standard was instilled in me as a child.
Today, these standards are continually reiterated in this industry. We proudly display our "Code of Ethics" and "Code of Conduct" that are supplied by our own industry organizations. It is very important to me that these standards are posted where all employees, customers or vendors can see them. It also reminds us everyday to be honest and courteous and to do the right thing. That old saying, "Do unto others as you would have them do to you," still rings true. 

Personal Definitions
A homeowner is eight months into her pregnancy. She has simple water damage, but it's not so simple when the flooring system has a thick fuzzy coating of black mold that the mitigation contractor exposed while she was in the room. Her insurance company says, "Don't tell the homeowner; there's no need to get her excited. Can't you just cover it? Clean it up."
There are school systems that say, "We are going with the low bid no matter whose it is." Some people offer bribes, saying, "Normally, there's cash left in my car for getting a job this good." These are everyday occurrences in this industry. If you don't experience it firsthand, you likely know someone who has. Where are the moral values that the country was built on?
Another of Webster's definitions of ethics is "the discipline dealing with what is good and bad and with moral duty and obligation." But not everything is black and white, and everybody has a different perception of where the gray areas are. For this reason, it's up to leadership to decide and to implement a code of standards. That's what the old saying means: "It starts from the top."
My definition of business ethics is simple. It goes back to the Golden Rule: "Do unto others as you would have them do to you." This should be reflected in all areas of life, personally and professionally. When Environmental Restoration was nominated for that business ethics award, I realized that what had been instilled in me from childhood on and has become a part of me is now being recognized by others through my business.
How I operate makes me different from other service businesses in our area: honesty, loyalty, not making or taking kickbacks. If the project cannot be obtained in an honest manner, it is likely a job we don't need to be involved in. Business ethics is doing the best job that can be done, going the extra mile in any circumstance. For a mold remediation contractor, it is being able to sleep at night knowing that we will pass clearance testing and that the structure is a safe, clean environment.
As I reflected on my past, I realized that the ethical and moral standards that have been a part of my life get stronger every day. Today, these standards are continually reiterated in the restoration and remediation industry. Our ethical standards are taught at each and every conference, symposium and seminar. Several of these organizations publish their standards of business ethics, which in some cases members are required to sign that they agree and will follow.
We choose never to compromise our values, in favor of walking away from numerous scenarios like the ones mentioned above. I refuse to compromise myself, and I refuse to ask any members of my staff to compromise their own good moral beliefs. Our actions as members of the restoration and remediation industry affect real people in real-life situations. Just as I absolutely would not want my own family in an environment that I knew to be unsafe, I would not want anyone else's safety to be jeopardized by my actions or those of any other person.

Everyone's Role
A company's policy on ethics and conduct is an outgrowth of its missions, strategies, values and visions. Your company culture from a perspective of employee attitudes, values, perceptions, standards of conduct, communication and managing risk vulnerabilities need to be observed at all times. Well-planned company codes provide guidance for making ethical business decisions that balance conflicting interests.
The company code of ethics needs to be an actual living document. These documents need to be encouraged and preserved at the highest level. The policy, in writing, does not protect you. However, it is the action of the company policies that help protect and preserve the company's future.
Employees basically want to know two things: what is required for them to survive and what is required for them to be successful - tasks and ethics. Most people have ethics and principles, but the company needs to be clear in communicating its goals, each employee's role in that goal, the expectation of what has to be done, and priorities.
Make certain to remind your employees of the job's short-term and long-term goals and how these goals align with the organization's mission. This is an opportunity to set goals with them for a particular job or jobs incorporating quality assurance and safety. The Kiplinger Report in 2002 states, "How you accomplish a goal is as important as accomplishing the goal itself"; employees need to be reminded of this statement.
Let employees know how everything they do fits into the overall efforts of the organization. Each one of them has an importance. They must understand their role as it relates to yours. Reiterate what kind of conduct you expect.
Be sure that employees understand what you expect. What has to be done? When does it have to be done? What standards they are to follow? What should they do if they encounter problems or unanticipated changes? What they should do if they encounter gray areas where expectations may not be clear? How will all of this be evaluated?
Remind your employees of the business operation priorities. Do not just assume your employees know where you stand. They should be told what you expect them to do when they experience conflicts. They should be told where the company stands and how that relates to each employee.
Having an ethics code as an active quality control tool is critical in an industry that now requires such a high level of workmanship and standards. It empowers employees to think and make ethical decisions when they understand the policies and their effects on the business, both in the short and the long haul. It is important to let employees know that their duty is to do what is right, not just what is profitable.
Jay Colburn is the president of Environmental Resotration in Greensboro, N.C. The company provides indoor air quality services related to property damage by water, fire or microbial growth and air duct cleaning. Colburn can be reached by e-mail at iaqteam@earthlink.net or by phone at (336) 274-7772.

Sidebar:The following is excerpted from a Dec. 31, 2002, letter sent to Jay Colburn of Environmental Restoration by U.S. Rep. John Conyers (D-Mich.), who last year introduced into Congress the United States Toxic Mold Safety and Protection Act, referred to as the Melina Bill:

Dear Mr. Colburn, Jay,

This letter comes to you in great appreciation for your efforts regarding environmental restorations, with particular care and concern for toxic mold.
I learned much from participating in the 2002 IAQA convention in Orlando, Florida. In particular, I became aware that toxic mold "experts" are divided into two categories.
There are the "mold is gold types," who show up to do a job with a shovel and a gas mask, with very little training and the idea that mold should be handled like asbestos.
And then there are people like yourself: well-trained, qualified and, most importantly, passionate individuals truly capable of handling a mold remediation. You understand that toxic mold cannot be encapsulated; it should be removed in its entirety.
I look forward to working with you in the future. I would like to call upon you to assist with committee hearings regarding the Melina Bill in 2003.

Thank you for staying the course. Keep doing the right thing.

With Every Best Wish,
John Conyers, Jr.
Member of Congress

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