Findings on Normal Indoor Mold Levels Published

Court Upholds ACGIH’s Right to Publish TLVs

ASHRAE President Again Receptive to IAQ Questions

Voices

“They’re trying to do it as economically as possible, and that’s fine. … Basically, it’s just janitorial work.”

— Harold Rideau, the mayor of Baker, La., quoted in the Baton Rouge Advocate in November on his decision to use city employees to clean and sanitize the HVAC system at the mold-ridden Municipal Annex, in order to avoid paying a contractor’s fee close to $28,900 to remediate the mold professionally

Word on the Street 

TEXAS INSURANCE COSTS DROPPING
There was good news last month out of Texas, where the cost of homeowners insurance over the previous years had skyrocketed to enormous proportions in response to the mold crisis. Most recently, prices have been dropping, thanks to insistence by the state Department of Insurance the major insurance companies lower their rates in Texas. According to a report in the San Antonio Express-News, more legislation is underway to bring relief to the policyholders of the largest homeowners insurance writer in Texas, State Farm Insurance. The article says the company’s new rates must be filed by Jan. 14 and approved by the state within 60 days. In the meantime, Farmers Insurance Group announced Dec. 6 it would lower its rates for current customers, with Executive Director John Hageman citing two factors in the change. He mentions “a stabilizing of losses and a significant reduction in water- and mold-related claims.” Some companies including Farmers have opted to halt providing coverage for mold and water-damage claims.

FLA. LEGISLATURE CLEANS UP
Florida’s legislature gathered for an emergency session five days last month. Among topics on hand for discussion, according to a joint proclamation of both houses, all but three of the 14 legislation items scheduled to be discussed during the session were several topics related to the hurricanes that damaged buildings in the state last year. One piece of legislation would “provide for the tax relief of hurricane victims whose primary residence was destroyed or damaged and rendered uninhabitable” by the disasters. Another bill would “provide for the compensation and relief of insured policyholders of residential property insurance for the cost of multiple deductibles” for insured residential properties affected by more than one hurricane this year. Other bills have to do with relief efforts.

WHO KNEW IT’D ‘RESORT’ TO THIS
Waikiki’s luxury resort that was famous for spending $55 million more than two years ago on remediating mold and replacing furniture in each of a tower’s 453 guestrooms is back in the news. A lawsuit filed by some people who were guests at Hilton Hawaiian Village’s Kalia Tower when the mold was discovered in June 2002 has now been certified as a class action, which potentially means every guest who was there at that time could opt in to be named as a plaintiff and receive a portion of any court-approved settlement or award. The guests named in the lawsuit claim that hotel administration did not immediately announce the discovery of mold in a guestroom and therefore they are entitled to undisclosed damages.

HOLY SOOT
Attending church may be hazardous to your health, according to scientists in Amsterdam who released the results of a study toward the end of 2004 that examined the indoor contaminants left by traditional candles and incense in churches. These religious customs can pollute the indoor air with soot, metals, carcinogens and “some unknown types of free radicals,” according to a report appearing in The Christian Post in November. The study was published last month in the European Respiratory Journal. The greatest health risks, author study Theo de Kok said in another article, are to those most often exposed to the contaminants in church, such as ministers and choir members and “other people working in churches (who) may have significant exposure.” In addition to using fewer traditional candles or electric ones instead, De Kok discussed proper ventilation. He also recommended studies be done on cancer in the clergy.

MOLD GETS MORE STAR POWER
The actor who played the title character in the film “The Buddy Holly Story” appeared on a November episode of the TV show “Celebrity Justice” after agreeing to pay his rent. Gary Busey’s landlord had said in a lawsuit that the actor was late in paying $22,000 in rent for his Malibu home. Because mold and dust in his home had been affecting Busey’s breathing, he said he was withholding the rent money until the landlord would “fix” the problems. (“That’ll be the day,” Buddy Holly once sang.) According to the court-approved settlement, the repairs will happen now that the celebrity has handed in his rent.
In an unrelated story, the $7.95 million home that formerly belonged to Arnold Schwarzenegger and Maria Shriver is now at the center of a lawsuit filed by the woman who purchased the California governor’s home in September. According to a legal document displayed at The Smoking Gun, the current occupant of the Pacific Palisades home, lawyer Susan Loggins, claims the celebrity couple should have been more forthcoming when assessing damages in need of repair. Although the sale was “as is,” Loggins argues the couple should have alerted her to mold damage extensive enough to cover an entire wall. She is suing for three counts of fraud and seeking an out-of-court settlement.

STOP THE WORLD & MELT WITH YOU
To promote the release of the full-length feature film in November, life-size balloons of beloved cartoon character SpongeBob SquarePants were on display at Burger Kings all over the United States. At least 14 of them from all around the country were reported missing, each with a local newspaper publicizing its departure and printing stories of rewards offered for the return of any stolen SpongeBobs. The fast food corporation in December offered a year’s supply of its trademark hamburger to anyone turning in an inflatable figure. However, the one that went missing for days from a Burger King rooftop in Norwich, Conn., was not removed for ransom. According to the Norwich Bulletin, police said maintenance workers had found the balloon, deflated and melted, in the air ducts of a heating system – proving once and for all SpongeBob is a really hot commodity.
 

Findings on Normal Indoor Mold Levels Published
By Steve Sauer

The study that established “the 20:20 rule” pertaining to normal ratios of molds in homes has been published in the peer-reviewed journal of the American Society for Microbiology. The study examines the types and ratios of molds prevalent in homes, based on sampling of urban, single-family homes in and around Atlanta the authors “predetermined not to have noteworthy moisture problems or indoor fungal growth.”

“This study is a critical step in understanding what is ‘normal and typical’ so that there is a baseline against which to compare data from suspected problem homes,” according to a November press release from Air Quality Sciences Inc., the Georgia-based company that conducted the research. AQS said its study is useful “to determine typical types and levels of molds found in homes in the Southeast.”

“Previous studies have focused exclusively on buildings where mold growth was a problem,” said Dr. Elliott Horner, lead and corresponding author of the study. “This study looks at buildings without a history of moisture problems, providing a basis for comparison that could help clearly determine cases that are not normal.

“The study begins to consider mold conditions that may be harmful by defining conditions that are not harmful,” Horner said.

The project was funded in the 2001 fiscal year with a $210,299 grant from the Office of Healthy Homes and Lead Hazard Control, part of the U.S. Department of Housing and Urban Development.

A pre-publication version of the study provided to IE Connections in 2003 provided background information for an article in January 2004 that mentioned the “20:20 rule.” This concept was first introduced by co-author and Air Quality Sciences President Tony Worthan in a study overview presented at the Aerias Third Annual National Symposium in Atlanta, Oct. 22–24, 2003.

The 20:20 rule is “likely a useful interpretive guide for determining if a home has indoor mold growth based on the results of repeat collection of dust samples,” said Worthan, who is a co-author of the study. “The vast majority of the repeated settled dust samples taken from the ‘non-problem’ homes in this study yielded greater than 20 percent of leaf-surface fungi. So it follows that in a building investigation that if less than 20 percent of leaf-surface fungi are found in repeated dust samples, an indoor mold problem may be suspected.

“Likewise,” Worthan continued, “air samples taken from a vast majority of the homes in this study had at least 50 percent of leaf-surface fungi. So, if repeated air samples from a home yielded less than 50 percent leaf-surface fungi, then an indoor mold problem is suspected.”

The study includes two tables listing the top 30 most abundant types of fungi in airborne and dustborne samples. At the top of each list, whether indoor or outdoor, were species of the mold genus Cladosporium.

“The results showed that rankings by prevalence and abundance of the types of airborne and dustborne fungi did not differ from winter to summer, nor did these rankings differ when air samples taken indoors were compared with those taken outdoors,” the authors write.

Also contributing to the study is Dr. Philip R. Morey, who works for Air Quality Sciences from an office in Gettysburg, Pa.

The study, “Air- and Dustborne Mycoflora in Houses Free of Water Damage and Fungal Growth,” appears in the November 2004 edition of Applied and Environmental Microbiology. The seven-page report is also available for purchase online at aem.asm.org.

A district court judge denied a request for a temporary injunction that would have kept the American Conference of Governmental Industrial Hygienists from updating four of its published threshold limit values.

In a court opinion delivered Nov. 26, Judge Hugh Lawson cited first-amendment concerns as grounds for not granting the temporary restraining order sought by plaintiffs involved in a lawsuit against ACGIH and two government agencies.

An injunction against ACGIH publishing updated TLVs for copper, silica, diesel exhaust and the chemical compound bromopropane, Lawson ruled, “would amount to an abridgement of ACGIH’s First Amendment speech rights.”

The plaintiffs in the lawsuit are two nonprofit organizations – the International Brominated Solvents Association and the National Mining Association – along with AeroSafe Products Inc., which distributes products that utilize bromopropane, also known as nPB.

Changes to the existing TLVs for those substances, they argued, would be detrimental to their business. Lawson did not agree on this point, ruling, “It is not apparent that voting on and adopting TLVs is in any way related to anyone’s vocation or occupation.”

The plaintiffs had questioned ACGIH’s status as a government agency or advisory committee and whether ACGIH is legally bound to adhere to the Administrative Procedures Act, the federal law that allows the U.S. government’s regulatory agencies to adopt regulations whenever required by congressional legislation.

Lawson ruled that ACGIH is a private organization and not an agency under the definition used in the Administrative Procedures Act and is therefore exempt from following its rules.

He also added that parties cannot challenge agency actions other than those recognized as “final.” Lawson said the complaint does not involve any “final” actions from ACGIH, which he used as further reason to dismiss the complaint.

In addition, the judge said the complaint failed to meet the qualifications of a four-pronged test used by courts in deciding whether to grant temporary restraining orders.

In a press release issued Nov. 30, ACGIH reacted to the court’s decision and explained why it is providing for a legal defense. “The nature of the allegations presents a real threat to the ability of professional practitioners to fully protect workers based upon sound and thorough science,” said Vickie Wells, chair of the ACGIH Board of Directors. “These claims are unfounded and are without basis. At stake is the right of any organization or group to express scientific opinions based on their reasoned evaluation and judgment.”

“ACGIH has acted within all legal requirements in developing, proposing and publishing TLVs,” said attorney Steven John Fellman, ACGIH’s general counsel. “[ACGIH] has every right and responsibility to defend its position.”

“After careful consideration and with the advice of experienced legal counsel,” said Wells, “we have concluded that a vigorous and thorough defense of ACGIH and the IH profession is necessary. We stand by ACGIH and the significant contributions it has made for over half a century. We stand by our policies, procedures and processes. We stand by our recommended threshold limit values and the fairness and thoroughness of the system used in their development and dissemination.”

For the second year in a row, a sitting ASHRAE president has made himself available to be interviewed on all subjects related to indoor air quality. Particular topics discussed in this exclusive interview for Indoor Environment Connections include synergy among the American Society of Heating, Refrigeration and Air-Conditioning Engineers and other organizations, the completion and acceptance of standards and amendments, and ASHRAE’s inner workings.

Indoor Environment Connections: A seeming trend in the indoor environmental industry over the past two years is the building of bridges between different organizations. Collaborative efforts within the IAQ marketplace have yielded combined conferences and a mold remediation standard. Is ASHRAE engaged in any similar kinds of collaborative efforts?

Ron Vallort: One of my goals this year is that ASHRAE work with other organizations. As such, we are working with ASHE. We recently completed the first in a series of Advanced Energy Design Guides, written in conjunction with the American Institute of Architects, the Illuminating Engineering Society of North America, the New Buildings Institute and the Department of Energy. We also work with overseas groups, such as REHVA [Federation of European Heating and Air-conditioning Associations, formerly Representatives of European Heating and Ventilating Associations] and the International Institute of Refrigeration. These are just a few examples.

IEC: Indeed, as president of ASHRAE before you, Richard Rooley reached out to other professional and trade organizations to achieve a more integrated view of buildings. What do you feel were his biggest accomplishments in bridge-building among organizations?

RPV: We are now building on the work started by Richard to develop relationships, such as REHVA through development of permanent liaisons from each group and joint activities, and more meaningful partnering with the Air-Conditioning and Refrigeration Institute, with whom we sponsor the AHR Expo.

IEC: One of the more successful meetings of 2004 was the combined IAQ meeting held in Tampa last March and sponsored by both ASHRAE and the American Society for Healthcare Engineering. This conference is held every three years, so how else is ASHRAE involved with ASHE?

RPV: ASHRAE and ASHE are working on proposed standard, 170P, Ventilation for Healthcare Facilities. ASHRAE’s Board of Directors is expected to soon approve joint sponsorship of the standard with ASHE.

We are working with ASHE in a number of other areas. ASHRAE technical committees are helping formulate portions of the training programs for both ASHE’s 2005 Planning, Design and Construction conference and its 2005 Annual Meeting. The material will focus on energy conservation, indoor air quality and sustainability applications in healthcare facilities for facility managers, architects, engineers and contractors.

ASHE and ASHRAE recently held a health care summit with the U.S. Green Building Council and the Environmental Protection Agency. As part of those discussions, ASHRAE’s energy conservation standard, 90.1, was established as the design tool for health care facilities. In addition, ASHRAE and ASHE will be the lead organizations in research to develop a protocol of reporting performance data for equipment used in health care facilities. In a second research effort, ASHRAE will take the lead in monitoring and developing a useable format of representative “plug and process” loads for at least 10 areas in these facilities, such as operating rooms and cath labs. These research programs likely will be funded by outside agencies who have expressed interest in funding such types of endeavors.

IEC: The recently approved amendment 62n logically incorporates building ventilation needs with the ventilation needed for the various occupancies. The amendment is so complex, however, that a spreadsheet is required to calculate the correct amount of ventilation needed to meet the standard. With operational changes to the building’s HVAC system and the normal changes in building occupancies, how does this sit with ASHRAE’s expressed desires to make HVAC building operations more user-friendly?

RPV: The spreadsheet is not required to make the calculations, but rather it was developed to make the calculations even easier and to allow designers to quickly see the impacts of different design choices. While some might perceive the calculation methodology as more complex than the version of the Ventilation Rate Procedure that it replaces, this is because the new procedure is explicit in how it adjusts for mixing in the space, system efficiencies and other effects. The previous procedure required these same adjustments but did not describe how to make them. Given the requirement to transform the standard into mandatory and enforceable language, the new version is necessarily more detailed, which some have viewed as more complex. Note also that for most ventilation systems, such as single zone or 100 percent outdoor air systems, the procedure is very simple.

IEC: Some in recent discussions have suggested that because some standards are overly complex, ASHRAE will need to concentrate on minimum-performance levels and save the leading-edge practices for guideline documents. Do you feel the trend in standards has been overly demanding? What direction do you see ASHRAE taking, especially on code-intended standards?

RPV: ASHRAE already is implementing the practice of writing code-intended standards, followed by design-oriented guidelines. ASHRAE is studying its approach to standards development in terms of the length of time it takes to develop and approve standards. The result may change what is produced and how.

IEC: What is the timeline currently anticipated for the completion of ASHRAE Standard 62?

RPV: The standard will be published prior to ASHRAE’s 2005 Winter Meeting in February as 62.1-2004, “Ventilation for Acceptable Indoor Air Quality.”

IEC: ASHRAE Standard 62.1 includes ventilation design for environmental tobacco smoke. Many health authorities agree that ETS exposure is dangerous for occupants’ health, which is why governments worldwide – from New York City to Malaysia – are banning smoking in workplaces. What is your personal position on this and the implications on the standard?

RPV: People do smoke. As a result, our members, as well as others in the industry, need information on design of ventilation of smoking spaces. As the leading HVAC technical organization, ASHRAE should provide technical information on this issue to designers and engineers. We are doing this with our proposed environmental tobacco smoke design guide.

IEC: When the S-180P committee was formed to develop a maintenance standard for HVAC systems, some saw it as a departure because ASHRAE has traditionally focused on design and not operation and maintenance. Do you feel that this is an appropriate subject for ASHRAE to pursue?

RPV: ASHRAE’s is the world’s foremost technical society in HVAC&R. It is fitting that ASHRAE provide guidance on how to maintain and inspect them.

IEC: Air Conditioning Contractors of America is working on standards for operation and maintenance, and we understand this work is being done quite independently of ASHRAE. Why aren’t ACCA and ASHRAE doing this work together?

RPV: As I said earlier, one of my goals this year is for ASHRAE to work with other organizations. We continue to hope that ASHRAE and ACCA can work together in developing their standards.

IEC: Mold in buildings continues to be a major issue, given all of the current emphasis on its impact on IAQ. Do you think we have gone overboard on the topic?

RPV: Our members who live in hot and humid climates certainly don’t think so. The need for information on mold, mildew and humidity is the reason ASHRAE is sponsoring a satellite broadcast, Mold in our Building Environment, on April 13. Mold has become a global concern for designers, contractors, building owners/operators and building occupants.

IEC: There are those who would argue that the internal environment of an air handling unit operating under typical conditions creates an ideal environment for fungal colonization and amplification and the potential dissemination of fungal bioparticulates into conditioned spaces. What is your response to folks who say AHUs actually contribute to IAQ problems?

RPV: The key is to keep systems dry and clean. ASHRAE offers guidance on indoor air quality, moisture control and maintenance in its standards, other publications, such as its Humidity Control Design Guide for Commercial and Institutional Buildings, and Handbooks. We currently are working a mold position document and the proposed Standard 180P, Standard Practice for Inspection and Maintenance of HVAC Systems, which also will address these issues.

 IEC: What are ASHRAE’s recommendations for the inspection and cleaning of AHUs, regarding frequency, manner and methods?

RPV: ASHRAE Standard 62-2001 includes a section on operations and maintenance, which makes some recommendations for inspection activities and frequency of ventilation systems. General guidance on operations and maintenance can also be found in the ASHRAE Handbook and Guideline 4-1993, “Preparation of Operating and Maintenance Document for Building Systems.” ASHRAE publications frequently refer to guidance on operations and maintenance from the original equipment manufacturers for their own commercial products.

IEC: Some say internally lined duct and AHU systems with fibrous insulation are ideal locations for fungal growth. What is ASHRAE’s opinion of using these materials in new construction and renovations?

RPV: ASHRAE addresses the use of duct liners in the handbook as well as Standard 62.

IEC: Some say that HVAC industry professionals use batting and ductboard insulation with the assumption that they will eventually house fungal growth and then need to be replaced, providing new work for the HVAC industry. What is your reaction to this, and what should the HVAC industry do to dispel the notion?

RPV: Under certain conditions, ASHRAE provides for the batting and ductboard insulation. Proper installation and maintenance is the key to prolonging the life of all HVAC&R products and systems.

IEC: How do you feel about the importance of building security as a component of homeland security?

RPV: Building security is an integral part of homeland security as recommended in two special reports ASHRAE’s Presidential Ad Hoc Committee on Homeland Security. More information on ASHRAE’s work in homeland security, including the reports, can be found at www.ashrae.org/homelandsecurity.

IEC: To what extent does ASHRAE represent building occupants?

RPV: ASHRAE’s mission is “to advance through research, standards writing, publishing and continuing education the arts and sciences of HVAC&R to serve the evolving needs to the public.” So I would say that all of ASHRAE’s work is done with an eye on how it will impact the public at large, which includes occupants. In fact, another of my goals for the year was for our technical and standards committees to examine the impact of our work on humanity. I encourage all of members to ask themselves this question “how does this impact the public?”

IEC: How do you see the integration and normalization of the various indoor air quality, maintenance, and various sustainable (or “green”) buildings guidelines and standards continuing to emerge?

RPV: As long as we maintain the goal of good design that incorporates energy conservation, then we can create green buildings. Use of Standard 90.1 is a very good step in the direction of creating a green building.

IEC: How can you, or any president of ASHRAE, make the ASHRAE Board of Directors more open to the membership, especially to members of technical committees?

RPV: Of course, our board meetings are open to the public. At our last few meetings, we’ve held a special session to which members and others were invited to attend and share their concerns and comments about the work ASHRAE is doing. In Nashville, we heard from 14 people on a range of topics, including water treatment, development of standards, such as 62, and outreach and ethics. The comments then were passed along to the appropriate group for consideration.

IEC: What do you see as areas of potential development and growth opportunities within indoor environments over the next five years?

RPV: Indoor environment controls and automation that allow users to control their personal environment.

IEC: Are there any pet projects you’re working on?

RPV: As part of my theme, Refrigeration: Technology for Survival, I’m continuing to focus on the cold chain. This includes addressing energy conservation and global warming. Other areas of focus are exploring possible certification of HVAC&R engineers by ASHRAE, developing partnerships with other associations and advocacy, in which ASHRAE would become more proactive in helping legislators prepare documents that deal with the Society’s area of expertise.

Editor’s note: Special thanks go to ASHRAE’s Jodi Dunlop, public relations specialist.