|
|
|
VOICES
“From my reading of it, I won’t be able to file a complaint. …
In the 1960s, we didn’t know anything about asbestos. Now I’ve got
something that could kill me.”
— Leukemia and asbestosis
sufferer Oscar Chaires, 35, quoted last month in the Palm Beach
Post, commenting on a piece of state legislation that would
limit people’s ability to file litigation over asbestos
“I’m just legislating that liquor cannot be served in bars,
restaurants and nightclubs because I don’t want it to be served. I
will allow teas, sodas and milk – for now. And if the drinkers
insist on drinking alcohol – and they will – they can just step
outside on sidewalks with their flasks and drink.”
— Carol Schwartz, a
member of the Washington, D.C. City Council, upon introducing
mock legislation to protest the council’s consideration of
adopting a citywide ban of smoking in bars and restaurants
Word on the Street
BETTER OFF WET THAN KNOCKED OVER?
“Using high-tech engineering principles, an MIT/Harvard team has
developed a low-tech solution to the problem of how to build homes
in tsunami-prone areas,” states a May 26 press release from the news
office of the Massachusetts Institute of Technology. “The team
recently produced an architectural model for a Sri Lankan house that
essentially would allow a powerful ocean wave to go through the
house, instead of knocking it flat,” MIT’s press release continues.
One source at MIT was quoted by the Associated Press as saying, “Of
course, you would have water in the house, and there is no way to
avoid that, but the houses will be much more resilient.”
IAQ HOME MAKEOVER
Lennox Industries last month kicked off its second annual Lennox
Home Comfort Makeover Contest. “Homeowners can enter for the chance
to see their house transformed into a healthier, more tranquil
environment,” the company said June 1 in a press release. “The
grand-prize winner ... will receive personal consultations with
[design expert Victoria Schomer], who will provide interior design
recommendations for creating a more comfortable living space. The
winner will also meet with a Lennox home comfort specialist, who
will perform an air quality test that measures the most common
indoor air quality factors... Based on the consultations, Schomer
will implement a $35,000 interior design makeover, and a team of
indoor air quality experts will install a new Lennox Integrated Home
Comfort system...” Official entry forms and the official rules are
available at
www.lennox.com.
EXPO SELLOUT
Organizers of the October 2005 Combined Annual Meeting & Exposition
of the American Indoor Air Quality Council, Indoor Air Quality
Association and Indoor Environmental Standards Organization expect
booths in their exhibit hall to be sold out by the end of July. In
the first week of sales alone, 57 of the 117 available booths were
sold. The Oct. 6–9 convention and Oct. 6–8 trade show are expected
to draw more than 1,500 people to Orlando, Fla.
BURY THE HATCHET
The Air Conditioning Contractors of America released a joint
statement with the American Society of Heating, Refrigeration and
Air-Conditioning Engineers last month, announcing that the two
groups will cooperate on a load-calculation standard. In May, ASHRAE
offered a 45-day public review of a proposed load-calculation
standard, to which ACCA expressed opposition, citing “significant
flaws in its application to small commercial buildings.” Greg
Leisgang, chairman of the ACCA Board of Directors, said in an ACCA
news release on May 13, “A separate standard is required to address
the unique needs of light commercial applications from those of
large commercial, industrial and institutional applications.”
According to the two groups’ joint statement, ASHRAE’s proposed
Standard 183P “will be processed through ASHRAE’s standards writing
procedures as an American National Standard” while ASHRAE’s 183P
committee will add a trio of new members nominated by ACCA. “The
proposed standard will reference the cooling load temperature
difference load calculation method provided in ACCA’s Manual N,”
said the joint release. The two groups’ agreement is their second
such collaboration this year on a standards-writing project; ACCA
and ASHRAE directors signed agreements earlier this year to combine
their forces in producing a standard for HVAC-system maintenance.
HAVING THEIR SAY
The California Air Resources Board’s in-depth report on indoor air
quality released four months ago may earn the state government body
the only regulatory voice for indoor air issues. The board, which is
the equivalent of the Environmental Protection Agency within
California, has never had any regulatory oversight for IAQ issues
since it was founded in 1967. This could change next year if state
legislator Sally Lieber has her way. An article published June 10 by
the Sacramento Bee said the member of the Assembly Select Committee
on Air and Water Quality plans to introduce legislation in January
2006 that would give CARB regulatory oversight for indoor air. The
article said a similar legislative attempt to this end three years
ago failed due to “industry opposition” but that the legislation did
make it possible for CARB to report on indoor air.
THREE SMOKES AND YOU’RE OUT
A jury in Boston decided that if you smoke enough cigarettes, you
can be kicked out of your condo. Erin Carey and Ted Barr had rented
a one-bedroom unit in Boston and ran a business out of it. Once
evicted by landlord Neil Harwood after receiving multiple complaints
from neighbors about excessive smoke in common areas and in other
units, the couple began to fight their eviction in court. One member
of the condo association board was quoted June 26 in the Boston
Globe as saying, “One time, after spending about an hour in the unit
upstairs from them, I went home smelling like I had been in a bar.”
The Globe said Carey and Barr’s lease did allow them to smoke and
did not set any limit on how much they were allowed to smoke.
CLEARING THE AIR
Dr. Richard J. Shaughnessy will have two papers published that ask
the question: What is an effective air-cleaning device? Shaughnessy,
who is a professor with the University of Tulsa’s Indoor Air
Program, has co-written the two papers with Dr. R. G. Sextro of
Lawrence Berkeley National Laboratory. According to Shaughnessy,
“The first is a shortened version accepted for the Indoor Air 2005
conference in Beijing this September. The historical development of
the metric and relevance to today’s air-cleaning products will be
discussed. This presentation will provide comment on the testing
process, discuss its applicability to various contaminants and
evaluate the resulting performance metrics for effective air
cleaning.” Shaughnessy said the second paper was submitted to the
Journal of Occupational and Environmental Health. He said he was
also submitting a rewrite of the American Lung Association’s
document on residential air-cleaning devices and finalizing work
contracted by the Consumer Product Safety Commission that may lead
to federal government action on air-cleaning devices.
|
|
|
|
Three
IAQ Organizations Accept Unifying Proposal
Members to Vote at October Meeting on Referendum
To Consolidate Operations of IAQA, AmIAQ, IESO
By Steve Sauer
Three national IAQ organizations
are planning to realign their activities and combine efforts in an
attempt to reduce redundancies that have long existed in the indoor
environmental arena.
According to a plan announced
jointly by all the groups last month, the American Indoor Air
Quality will be reorganized to serve exclusively as a certification
body and the Indoor Air Quality Association will serve exclusively
as a membership association, while the Indoor Environmental
Standards Organization will serve as an industry standard-setting
body.
Last month’s milestone declaration
further links these three groups, which announced in February that
they would combine forces with a joint meeting to be held Oct. 6–9
in Orlando, Fla.
“Recognizing that significant duplication in programs and activities
existed, the leaders of the three organizations began meeting late
last year to discuss cooperative ventures,” the groups explain in
their joint statement issued June 24.
“Those meetings led us quickly to
the conclusion that we needed to do more than just cooperate, we
need to consolidate programs to more effectively serve our
industry,” IAQA President Robert Baker said in the statement.
Because the bylaws of IAQA and IESO
require members’ approval of the proposed unification and
consolidation plan, they will be asked to vote on the matter during
the October meeting. “If approved, the associations will assume
their redefined roles and responsibilities on January 1, 2006,”
according to the joint statement.
As a certifying body, AmIAQ will
inherit the four certification programs that previously belonged to
IAQA and IESO, adding them to the ranks of AmIAQ’s seven existing
certification programs. According to the plan, AmIAQ staff will
administer the certification programs out of their existing offices
in Arizona.
Statistics provided to IE
Connections indicate that nearly 6,000 certifications are currently
valid among the three organizations.
“The industry needs an independent certifying body with
board-awarded credentials based on experience, education and
testing,” said AmIAQ Executive Director Charlie Wiles in the joint
statement. “AmIAQ has the knowledge and expertise in place to
continue that role, and we will now revise our goals, mission and
bylaws to reflect our new duties in serving as the industry’s
premier certification body.”
AmIAQ is currently run by a
three-member board of directors, and its bylaws have never required
the election of new or different directors. Since its foundation in
1993, AmIAQ has also historically refused to identify the members of
its certification boards. However, amendments to the Council’s
bylaws will allow for a careful transition to a democratically
elected leadership, according to the plan.
Because IAQA will serve as the
membership association, AmIAQ and IESO will no longer offer
memberships or provide member benefits. Instead, current members of
either group will automatically become members of IAQA.
The latest membership figures for
AmIAQ show the organization has the largest membership of the three,
with 2,800 current members. IAQA reported 2,400 members, and IESO
reported 1,000 members. IAQA will provide for this new membership
base – about 5,500 not duplicating members already belonging to more
than one organization – all of the member benefits it currently
offers, as well as benefits offered by AmIAQ and IESO that it does
not currently offer. IAQA and IESO will no longer serve as a
certifying body or offer certification-oriented training classes.
The Indoor Environmental Standards
Organization will exist with the sole purpose of promulgating
industry standards and working with other standard-setting
organizations. It will be governed by a board of directors
consisting of a pre-determined number of representatives. Procedures
for a democratic succession of new board members, as well as
standards committee members, will be created.
“We view the evolution of IESO into
a purely standards-setting body as a natural progression for the
association,” said IESO President David Fetveit in the joint
statement. “IESO was created to write standards and we have already
shown success in this area.”
Under the plan, AmIAQ will be
self-funded through certification fees and related income. IAQA will
be self-funded through membership dues, meeting registration fees,
publication sales, and related incomes sources. IESO will be funded
by contributions made by IAQA, AmIAQ and other organizations that
may be invited to participate in standard-setting programs.
The presidents of all three
organizations made themselves available to IE Connections last month
to answer questions about theirs plan to consolidate activities. Our
questions and their answers follow:
On Membership and Member Benefits
IE Connections: With an
industry association membership that is about 5,500 strong, what
sort of things do you hope the Indoor Air Quality Association will
be better equipped to do?
Robert Baker: We have only
recently started to engage in public advocacy in the interest of
better indoor environments. With our membership of slightly over
2,000, we experienced mixed results and those we interfaced with
questioned that we represented a significant share of the industry.
With the membership increased to 5,500, this becomes much less of a
question. In addition, as the single largest organization in the
indoor environment community, we will be highly sought after by many
to work on various projects of mutual interest.
IEC: How will the
unification affect the existing chapters of the American Indoor Air
Quality Council, both in terms of memberships and operations?
Charlie Wiles: The IAQA has
assured us that there’ll be no significant change in the chapter
operations. The chapters exist to conduct workshops – typically
inexpensive, half-day venues for those within an hour’s drive – to
enhance their professional persona. All of the current chapter
directors believe chapter attendance will significantly increase,
which allows them to continue their goal of providing workshops for
learning, sharing and networking.
Baker: During the
discussions that led up to this realignment of activities, we
carefully studied the chapters’ structure and operation. We feel the
chapter operation at present is sound and well managed. We do not
intend to make any changes other than providing dedicated central
resources to assist the chapters in meeting their goals and
objectives. We do plan to expand the number of chapters and feel
existing chapter membership will expand due to the increase in the
membership pool they will have to draw on.
IEC: Over the years, members
of AmIAQ and IAQA have been known to perceive that the organizations
were competing or feuding. What can you offer about the
organizations’ peaceful coexistence?
Wiles: The American Indoor
Air Quality Council has always considered sharing and networking as
our basis of success; therefore, we believe anyone having such an
ill perception simply hadn’t taken the time to investigate both
organizations thoroughly.
Baker: I guess that previous
to the past several months – during which I have gotten to know
Charlie and Carolyn quite well – I would view my personal
relationship with AmIAQ as “viewing or admiring from afar.” I had
spoken or corresponded with Charlie on occasion about matters of
mutual interest, and that has always been cordial and professional.
For the past several years, both
IAQA and AmIAQ have been busy building their respective programs and
pursuing their missions. They have both contributed much to the
industry. When I set the agenda for my term as president of IAQA, it
contained a strong component of establishing closer ties and
“building bridges” to other organizations. As part of that, we
looked for opportunities to work more closely with AmIAQ and others.
To quote an old saying, “The rest is history.”
IEC: How much overlap is
there between the memberships of IAQA and AmIAQ?
Wiles: As of January 2005,
there were 243 members with dual membership in the American Indoor
Air Quality Council and the Indoor Air Quality Association. There
were even fewer dual memberships with the Indoor Environmental
Standard Organization.
IEC: Because IAQA will be a
membership organization and AmIAQ will offer the Certified
Residential Mold Inspector program, IESO loses some big components
of its original setup. Is this in keeping with the founders’ vision?
David Fetveit: IESO’s
mission statement is “to be the foremost developer and provider of
voluntary consensus indoor environmental quality standards…” Nowhere
in the mission do we set out to be a membership or certification
organization. The membership and certification components evolved
out of necessity to fill a void in a specific market and to support
the organization financially. Now that we can partner with what we
believe are the best membership and certification organizations in
the industry in IAQA and AmIAQ respectively, we will be able to
focus on the core vision laid out by the founders without
sacrificing the programs we have built.
IEC: What are the best new
member benefits IAQA will be able to offer?
Baker: Clearly, all of us
will enjoy greatly enhanced networking opportunities both within an
expanded IAQA and with others in the industry and our sister
organizations. This will significantly expand membership value. We
will also have the purchasing clout to negotiate additional benefits
that we are just beginning to investigate.
On Training and Certifications
IEC: Some people in the
industry may not be familiar with AmIAQ’s existing certifications.
What efforts will be made to introduce them to the seven different
certification programs and select the one that is best for them?
Wiles: The names of the AmIAQ’s existing certifications are
descriptive of their focus. While we will continue to promote our
certifications as we have in the past, we will have twice the number
of members within the unification promoting a consolidated
certification program.
IEC: Also, how will
consumers be informed of the available industry certifications to
know which list they should use to choose the person coming into
their home or office?
Wiles: Three separate
organizations will be combining their marketing abilities to steer
the industry, the public and the government toward what will become
the premier certification program in the indoor air quality
industry.
IEC: Will the unification
bring about a greater need for non-certification courses IAQA will
put on?
Baker: Although I cannot
cite specifics because we have just started to consider all of the
possibilities, this opens up rich new opportunities for IAQA to help
the IAQ industry mature and grow. An important part of that will be
expanding education in ways we could only dream of previously.
On Standards and Committees
IEC: What standards are
necessary from this point forward?
Fetveit: Any standards that
are currently not available from ASTM [International] or any
ANSI-accredited standards-setting body are sorely needed. The
standards currently under development include IAQ sample collection
procedures and a mold inspection screen for school facilities.
IEC: What other organizations may
be invited to participate in IESO’s standard-setting programs?
Fetveit: IESO develops
standards in volunteer-based committees. We certainly need qualified
individuals to contribute their expertise and welcome anyone who has
the expertise and is willing to assist. We hope to be a “greenhouse”
for initiating consensus standards in the market to give accredited
standards-setting bodies (e.g., ASTM) a starting point, as well as
some breathing space, as these standards take considerable time to
develop.
IEC: Will contributions be
made on an annual or some other regular basis, or will they be made
only when new standard-setting projects are introduced?
Fetveit: IESO expects that
the standards development budget will be relatively minimal in the
big picture and it will not be difficult to keep these programs
funded sufficiently.
IEC: How will IESO interact
with IAQA’s Research Committee or other similar bodies that could
have something to say about standards-setting projects?
Fetveit: The most
significant benefit for IESO under this unification and
consolidation plan is our access to a larger group of qualified
individuals who assist in the development of IESO standards. With
the added awareness and education to the combined groups, we expect
more standards – and high-quality standards to be developed. IESO
expects that committees from all three organizations will contribute
to the direction of IESO standards-setting activities as far as the
types of standards that are needed in the market.
IEC: What effect will the
realignment have on the existing IAQA committees?
Baker: The IAQA Guidelines
Committee will cease to exist as this function will move to IESO. In
addition, all certification responsibility of the IAQA Education and
Certification Committee will move to AmIAQ as the independent
industry certifying body. We will seek current members of these
committees to seek involvement in the respective councils and
committees in the sister organizations.
IEC: What sort of an effect
do you believe the realignment will have on the amount or types of
research IAQA is willing to sponsor?
Baker: Research is a
combination of support and ideas worthy of investigation. We hope to
maintain a more active research program with more resources to
support the effort and a more geographically diverse population to
draw on.
IEC: What do you have in
mind as far as additional representatives from government or
academia who may serve as IESO directors or standards committee
members?
Fetveit: Again, IESO has an
open invitation to all qualified individuals who have expertise to
contribute.
|
|
|
Jury Orders Landlord to Pay Record Mold Payoff
$925,000 Award Could Effect ‘Liability Precedent’
By Steve Sauer
A Michigan circuit court earlier this year deemed an
apartment-management company to be negligent in its mold-cleanup efforts
years ago in the Troy, Mich., residence of Esmeralda Mahaffy.
In its April 19 verdict, jurors awarded
$925,000 in personal damages to Mahaffy, who they believe will continue
to suffer illnesses from that prolonged mold exposure due to the neglect
of her apartment owner, Maple Creek Estates LLC.
The award was described as “possibly
the state’s largest personal injury award for mold-related illnesses,”
according to an article published June 5 in the News-Herald in
Southgate, Mich. That article also stated that Maple Creek Estates plans
to appeal the verdict.
A June 2 press release on Business Wire
drew much attention to the lucrative verdict in Mahaffy’s favor. It said
the verdict could be translated into a victory for tenants everywhere,
holding landlords accountable for a higher standard of liability.
“The case may set a liability precedent
for property managers and landlords that negligently maintain their
commercial residential properties and fail to follow established
industry guidelines for the clean up of water intrusion and mold
damage,” states the press release, authored by The Quell Group, a PR
firm located in Troy, Mich.
However, the Press-Gazette in Green
Bay, Wis., reported June 24 on an equally noteworthy jury verdict that
went exactly the opposite way: against the tenant and in favor of the
landlords.
“Two Door County landlords virtually
walked away from a civil lawsuit Thursday that sought to pin blame on
them for a 2001 mold infestation at their Baileys Harbor apartment
complex,” the Press-Gazette article began. “Landlords Robert Doneff and
Richard Langdon were not only exonerated – the 12-person jury also found
that the apartment residents who filed the suit were negligent with
respect to their own personal property.”
IE Connections spoke with two attorneys
not involved in the Mahaffy case and asked them to speculate on the
significance of the jury verdict in favor of the tenant.
WHAT ATTORNEYS ARE SAYING
One of the major reasons cases settle is due to the uncertainty of
trial. When this case went to a mandatory case evaluation that is in
effect in the local jurisdiction, the three-member panel valued it at
$100,000. In fact, the $925,000 number is a bit exaggerated as the
current judgment amount is approximately $755,000. Note that the demand
made by the plaintiff was $350,000 prior to the jury verdict.
One of the basic problems for the
defendants in this case was that the remediation and renovation was not
done completely. After the initial work was performed, the Band-Aid
solution was removed and extensive mold damage was found below the
surface. This cover-up approach reflected poorly on the defendant and I
am sure stuck in the minds of the jurors as they decided whether the
appropriate steps were taken to remedy the problems that the plaintiff
was complaining about.
Not only are jury verdicts tough to
predict, but even the rulings by judges on evidentiary points are
difficult to predict. Here, the judge allowed Dr. Eckart Johanning to
testify about the plaintiff’s future anticipated mold-related illnesses,
despite the fact that the Institute of Medicine basically contradicted
his position.
The specifics of the trial testimony
and rulings are still unclear. The case is on appeal, both on a
statute-of-limitations argument (that is, whether the plaintiff knew or
should have known that she had a mold-related illness for too long
before filing a lawsuit) and on the expert admissibility issue.
— David Governo,
Partner, Governo Law Firm LLC, Boston, Mass.
In California, where I practice, the
Health & Safety Code already requires landlords to keep their premises
free from water intrusion and mildew buildup. In fact, when I file
lawsuits for tenants with mold problems, I simply quote the code. The
issue of what level or kind of mold is a problem is not part of our
laws, though.
The first thing I noticed about the
decision was it was based on the plaintiff’s asthma attacks. I suspect
what was presented to the jury was evidence that mold – even if it is
not a toxin-producing species – can be an allergen for many people, and
was for this particular person.
It seems to me that most people
involved in mold matters skip over the allergy issue and go right to the
issue of whether the mold is “toxic.” Many indoor molds do not produce
toxins, and those that are capable of producing toxins do not always
produce them. Even if a mold is producing toxins, a person has to ingest
them.
However, even a species that does not
produce toxins or one that can produce toxins, but is not producing
them, can cause allergies. Repeated exposure sensitizes the person,
making the allergic reaction worse. Simply put, I think it is much more
likely that a person is going to have mold allergies than they are to
have poisoning from mold toxins.
Second, the fact that the jury
apparently considered mold-remediation guidelines is really important.
[A press release from the plaintiff’s side] says, “The published
guidelines are easily available on the Internet but this apartment
manager never bothered to investigate the appropriate protocol,
neglecting his duties to the paying tenant to provide a safe and
habitable living space.”
There is still a huge argument (at
least in litigation) about what appropriate mold containment and
remediation protocols are. It’s interesting to note that this happened
before the release of the Institute of Medicine’s “Damp Indoor Spaces
and Health,” which has exacting standards for mold remediation. The fact
that the court allowed the evidence in, and that a jury found those are
the standards to be followed, is very interesting.
— Cynthia Coulter
Mulvihill, Shareholder, Hyde Mulvihill, Monrovia, Calif.
|
|
|
Mold Requirements Die at Hands
of Fla. Governor
Gov. Jeb Bush Vetoes Bill Backed by State Legislature,
Says It Would Have Made Qualified Individuals Jobless
By Steve Sauer
Qualifications for mold remediators and assessors that lawmakers had
green-lighted in May will not become part of the law after all.
Gov. Jeb Bush vetoed House Bill 315 late last month, issuing a letter in
which he voices the need for regulation of the fields of home
inspection, mold remediation and mold assessment. However, he states
that this bill would have resulted in “unintended consequences,
including putting some legitimate and responsible employees out of
business.”
Bush expressed skepticism about some areas of the bill that would have
been difficult for some businesses and individuals to keep up,
emphasizing that the limited availability of insurance and the need for
education and experience might have kept some people from complying in
time. Provisions related to mold remediation and assessment would have
gone into effect Oct. 1.
Bush’s June 22 veto letter indicates that this deadline might have been
too soon of a deadline for some certified individuals to comply with the
bill’s minimum requirements for education and experience. Additionally,
Bush writes that “the bill appears to arbitrarily require high school
and college degrees while presenting no clear reason why.”
HB 315 would have required nonprofit organizations to certify only mold
assessors with either four-year college degrees or a combination of
two-year college degrees and three years of documented experience.
However, not all of the prominent nonprofit organizations offering mold
certifications for assessment required applicants to possess college
degrees.
Similarly, remediators certified by nonprofit organizations would have
needed high-school diplomas, another requirement that was absent from
many of the leading mold-remediation certification programs.
“The bill grandfathers some home inspectors but does not provide for the
grandfathering of responsible and experienced mold assessors and
remediators,” Bush writes. “This will likely put employees and companies
that cannot complete the bill’s education and training requirements by
January 1, 2006 out of business.”
Bush’s letter also faults the bill for being “somewhat ambiguous” and
lacking “clear guidance” as to “what kinds of curriculum and/or
standards are necessary” within the home-inspection and mold industries.
(In a related story, the National Clearinghouse for Worker Safety and
Health Training last month issued guidelines for a mold-remediation
curriculum; see article on page 13.)
Some in the industry believe that experience sufficiently qualifies
people, along with knowledge demonstrated via testing. For instance, it
is possible for consultants with five years of relevant experience to be
certified by the American Indoor Air Quality Council if they pass the
specified exam, never having attended a college course or completed any
mold-related coursework.
“It has always been my philosophy that experience is a better instructor
than a classroom,” said AmIAQ Executive Charlie Wiles last month. “It is
also my philosophy that classroom instruction is necessary to establish
a proper foundation of knowledge and to provide a venue for expressing
differing viewpoints and opinions. Obviously, a combination of a proper
knowledge base challenged by lots of field experience will provide the
most competent certificants.”
Commenting on the bill’s requirement that all mold assessors and
remediators carry liability insurance policies specifically for mold,
Bush writes, “There is some question as to whether these policies will
be available by the required date of October 1, 2005.”
The Indoor Air Quality Association, for instance, recently conducted a
pilot program to offer group insurance as a member benefit. “The program
offers mold-specific insurance, including general-liability and/or
errors-and-omissions coverage, through three different top-rated
insurance companies,” IAQA President Bob Baker writes in a message
included in the association’s newsletter. “The preliminary results of
the pilot program indicate that established companies will be able to
secure insurance at lower rates and/or insurance that provides broader
pollution coverage.”
Bush continues, “There is a further concern that this [insurance
requirement] will have the unintended effect of allowing insurers to
deny payments for mold claims under a homeowner policy if work on a home
has been performed by a mold assessor or remediator.”
The governor’s letter ends with a note that provides hope that
legislation would take shape in the coming months to satisfy his
concerns. Bush said he has directed the Department of Business and
Professional Regulation to propose a new legislative solution, working
with various stakeholder groups.
HB 315 had passed both houses of the state legislature with
near-unanimous approval on May 6, the last day of the 2005 legislative
session. The state legislature is scheduled to reconvene in March 2006.
“I encourage legislators to participate in this process,” Bush writes,
“and hope that they will work with the department to find a solution
that protects the public while providing a constructive business climate
in which legitimate and responsible Florida businesses can compete.”
|
|
|
|
Toolbox Stocked with Moisture-detection
Equipment
Michael Casanova
IAQ Coordinator
Lee County Facilities Management
Fort Myers, Fla.
A main concern for me as a facility manager and IAQ coordinator
is building envelope water intrusion. The roof and external walls
are usually my first focus when looking for the cause of an indoor
air quality problem. I always respond to an IAQ assessment work
order with my high-tech toolbox equipped with a laptop, several IAQ
monitoring kits, a combustible gas meter, portable temperature and
humidity loggers, an infrared thermometer, a small high-intensity
flashlight and a CD camera. But my two most prized and important
tools are the infrared camera and moisture meter.
Our facilities management team was initially introduced to
infrared thermography via an aerial operation service. Using a
helicopter, the company offering us this service can provide us with
infrared images of our more than 150 rooftops. These infrared
reports helped us get a clear focus on roof replacement and
management, and we significantly reduced the scale of planned roof
replacements. Sectional roof replacement made much more business
sense in some instances when total replacement was based solely on
the age of the roof. Total roof replacement decisions are sometimes
made when annoyance levels rise. With infrared, we were also able to
oversee, on a yearly basis, a multi-year warranty for new
installations. If necessary, this service could be used to resolve a
legal issue against a building contractor by documenting water
infiltration into new roofing.
Here in the southeastern United States, dampness that seeps into
roof insulation makes the air-conditioning system work longer and
harder to overcome the generated heat. It’s been proven that the
energy savings and longer roof life are worth the time and dollars
invested to keep your building’s rooftops dry. This does not take
into account the expenses saved by reducing mold concerns and
addressing poor indoor air quality complaints due to roof leaks.
One of the earliest building envelope seminars on moisture
control and water management I recall attending was a 2002 ASHRAE
seminar in southwest Florida. It was presented by none other than
the great Dr. Joseph Lstiburek. His lecture that day was as
eye-opening as an article he contributed to ASHRAE Journal that
December, which stated: “Water comes in four forms: solid, liquid,
vapor and adsorbed. All four forms can cause grief to building
owners, designers, and contractors. When water causes building
problems, investigating and diagnosing the problem can be
challenging because water constantly changes it form inside a
building and within its materials. The investigator must hunt down
the water by thinking like water.”
In his presentation, Lstiburek preached that water always changes
its behavior and that its form is never stable: “Evaporation,
condensation, capillary suction, gravitational flow, vapor diffusion
and mass flow of moist air are happening all at the same time inside
building cavities and materials.” After attending his seminar, I
utilized the moisture meter more effectively.
About a year later, I was introduced to the hand-held infrared.
Now, not only can I think like water, but I can capture it lurking
in areas not visible to the naked eye. Of course, I still need to
back up these findings with my moisture meter.
Our sales representative told us that no matter what infrared
camera we decided to purchase, training on how to use the camera
should not be an option. I’m glad we listened to him because the
right training maximizes your camera investment. So we purchased two
cameras: one for IAQ investigations and the other for the preventive
maintenance crew.
Nine maintenance staff members and I trained on the proper use of
the camera by taking the Infrared Training Center’s Level I
Thermographer certification. I highly recommend this comprehensive
fundamental course for new users of infrared equipment.
How Infrared Thermography Works
According to our training manual, thermography enables us to see
and measure heat. All materials on earth emit heat energy, in the
infrared portion of the spectrum. Unfortunately, the unaided human
eye cannot see in the infrared. Infrared images allow the camera
user to see thermally, revealing temperature anomalies that in turn
identify potential problems in buildings and their component
electrical, mechanical, plumbing and waterproofing systems.
Today’s lightweight and rugged infrared cameras can not only see
in real time but can also record infrared images and measure the
temperatures of target objects quite accurately – to within 0.25
degrees Fahrenheit. Points of possible concern show up clearly as
hot or cold spots in relation to their surroundings. Recorded
thermal images can be easily inserted into reports and widely
distributed, greatly facilitating communications among the trades,
attorneys, and other professionals and serving as invaluable,
rational, evidentiary data in cases involving controversy.
We went on to learn about the beginnings of infrared and of Sir
William Herschel, who in the year 1800 performed a simple experiment
that led to the detection of infrared radiation. Herschel was an
astronomer and telescope maker and was quite familiar with optics
and lenses. As a youth, you may have done what William did: He took
a magnifying glass and focused the sunlight that passed through the
lens onto a small area until the light radiation is refracted and
the area got hot. This made Herschel wonder about how a prism also
refracts light radiation and additionally breaks white light into a
variety of colors. He surmised these multi-colored lights might have
the ability to heat objects unequally, so as a scientist, he thought
it would be appropriate to persist with his prism experimentation.
He used a piece of paperboard with a narrow slit in it and
sampled the various colors produced by the solar radiation of the
prism. The selected colors reflected onto blackened bulbs of a
thermometer, and he recorded the results. He found that the color
responsible for radiant heat could not be detected by the human eye
and was located just beyond the red part of the visible spectrum.
The bottom line on Herschel’s experiment is that when an object
becomes warmer, it emits more infrared radiation. This is the energy
detected by the recent infrared camera equipment.
ITC’s Level I course manual is a great reference source and study
guide for me. The Building Science Institute now offers a one-day
training and certification course called Infrared Building Science,
which focuses on the detection of moisture and mold- growth
conditions using the infrared camera. It is designed specifically
for the experienced water damage/restoration technician who is a
first-time infrared camera user. If a fellow facility manager is
thinking of taking one of these thermography courses but is balking
at the cost, let me remind you of how much labor time you will spend
using only a moisture meter.
In contrast, one should not solely rely on infrared without the
assurance of a moisture meter because one weakness of infrared
imaging is that a reflection of light may be mistakenly interpreted
as a wet spot. A previously stained ceiling tile that is now dry
could also be mistakenly perceived as a wet area. This is when the
moisture meter should be used to back up your assumptions that what
you see in the camera is indeed damp or wet.
As a facilities person with many buildings to maintain, I had the
luxury of on the job experimental camera use every day. Allow me to
share with you a few of my experiences using infrared and a moisture
meter as part of my investigational routine. Lee County leases a
900-square-foot duplex apartment that was being used by our
emergency medical technicians. An old water heater developed a very
small leak, and in a matter of a few days that the unit was not
being used, the entire dwelling ceramic tiles and carpet flooring
were soaked. The building owner called in a local disaster cleanup
company, which did the standard water extraction with floor fans and
dehumidifiers.
After receiving my work request to follow up and investigate this
incident, I scanned the entire area with my infrared camera and
moisture meter. I found more areas that would have been overlooked
because they assumed that the water had not infiltrated the
adjoining apartment. Apparently, they used only a moisture meter and
their field experience but not infrared to determine the extent of
water damage to the flooring and walls.
The next day, the building owner was given a professionally
written report that had the county logo on it. It contained infrared
images and digital photos detailing the exact areas that needed to
be dried out. The landlord was very appreciative and relieved to
know that the ugly expenses of mold problems were averted by my
assessment of the property.
We at facilities management also rely on restoration companies to
dry out a building, and infrared saves us dollars on drying an area
that is already dry. The difference in one day of rental fees can be
significant depending on the square footage. With my infrared
camera, I have the ability to scan and map the wet areas; then, I
can go back the next day with a moisture meter test for myself the
percentage of moisture that is still in the materials that I have
scanned.
On another day, my laptop computer fielded a work request from
our library system asking for help after a sizable water leak into
the building occurred due to a roof replacement project. Two of the
rooftop HVAC units drain lines got filled with debris and caused the
drain pans to overflow directly onto the administrative office’s
ceiling tiles.
After the cleanup of the wet ceiling tiles and insulation was
complete, I scanned the ceiling tiles to make sure they were all
dry. All of the tiles were dry, but the infrared camera detected
that some the insulation above them was not. I was able to look into
the camera screen a see a blue blot of moisture coming from the
fiberglass insulation sitting on top of the dry ceiling tile. I
moved the ceiling tile and placed my moisture meter to the
insulation to confirm this visual anomaly and the audible alarm went
off, and the percentage of moisture in the insulation showed
digitally on my meter. A moisture meter and the naked eye wouldn’t
have found the wet insulation hiding above a dry ceiling tile. This
of course helps to reduce mold colonizing in an area that is not
visually obvious. Also, by not having to remove tiles to detect a
few pieces of wet insulation left behind by the restoration crew, I
avoided dislodging dirt and other particulates all over the desks
and computers.
I can’t imagine reverting to the bad old days when I would treat
wet building materials by opening windows and turning down the
temperature on the air-conditioning “to let everything dry out.” In
certain states and depending on the time of year, this method might
partially dry out wet building materials, but not in hot, humid
Florida. Eventually, I caught up with the times and employed the use
of shop vacuums, floor fans and dehumidifying units to dry out water
damage.
If a facility manager wants to be sure of the proper way to deal
with building water damage, the IICRC S500 Standard and Reference
Guide for Professional Water Damage Restoration is a good place to
start. This document will familiarize you with the best practice for
water-damage restoration, including psychrometry science and
practice related to atmospheric air mixtures. It explains how to
remove humidity from the air as fast as, or faster than, the
evaporation process.
Michael Casanova is IAQ coordinator for the Board of County
Commissioners in Lee County, Fla. An IAQA-certified indoor
environmentalist and IAQA-certified mold remediator, he handles all
IAQ claims and investigations for the facilities management
department. Along with facilities management Director Rich Beck,
Casanova founded the Florida Inter-County IAQ Council. He is also an
elected board member of the Indoor Air Quality Association and
chairman of a group of more than 60 Fla. government employees who
are responsible for IAQ in public buildings throughout the state.
Casanova can be reached at mcasanova@leegov.com or (239) 479-8564.
|
|
|
|
What’s Bugging You?
Jeffrey C. May
Manager
May Indoor Air Investigations LLC
Cambridge, Mass.
My wife and I spent a week in Mexico this spring and stayed at a
small bed-and-breakfast. While packing to leave, I lifted a shirt
from the dresser, and a cockroach dropped out of the shirt onto the
floor. I was horrified, but I reacted quickly enough to squash the
interloper flat.
Needless to say, when we arrived home, our luggage did not enter
the house without careful scrutiny of the contents first!
It’s not only small hotels in foreign countries that are being
plagued by pests. Last year, the Helmsley Park Hotel in New York
City had to settle with a Mexican businessman who suffered numerous
bedbug bites in the hotel.
He further alleged that the infestation followed him home in his
luggage to Mexico. (Tit for tat, I suppose.)
Unlike cockroaches, which have been a persistent problem in urban
apartments, bedbugs were virtually unseen for decades. They are
currently making a comeback, which theorists attribute to reductions
in pesticide use. Bedbugs feed on their hosts – sleeping human
beings – at night. A bedbug harborage is usually located
conveniently near the food source – in mattress crevices, bed frames
or floorboard gaps near the bed or behind wall hangings. About a
quarter to three-eighths of an inch long, bedbugs are attracted to
the heat, moisture and exhaled carbon dioxide; they suck blood out
of the host and then lumber off engorged, leaving behind them itchy
bites that swell.
Bugs, whether visible or microscopic, are not welcome guests –
with the possible exception of spiders, which some people believe
are signs of good luck. (Of course, I disagree, but I’ll say more
about this later.) Mosquitoes, sucking head and pubic lice, and
chiggers and scabies have plagued mankind for millennia. Their bites
can itch and cause rashes and other skin problems. In addition, we
can unsuspectingly inhale allergen-containing fragments of body
parts and excretions of any type of insect. The fecal material of
non-biting bugs like mites and cockroaches often contains digestive
enzymes such as proteases, many of which are potent allergens.
Protease-activated receptors are on the surfaces of many cells, and
activation of these is responsible for some of the cellular
responses and, ultimately, the physiological symptoms resulting from
allergen exposure.
Excretions
For barely visible organisms – such as mites, which range from 100
to 350 microns in size – the fecal pellets are microscopic. For
larger visible bugs like roaches and wool moth larvae, the pellets
are visible. Some excreted matter is mushy; other excretions are
virtually solid. Bugs with high-protein diets (e.g., house dust
mites, which eat skin scales; wool moths and carpet beetles, which
eat keratin from hair; or spiders, which imbibe proteinaceous
fluids) cannot excrete excess nitrogen in soluble form (such as
animal urine, which has dissolved urea containing two nitrogen atoms
per molecule) because the organisms cannot afford the relatively
huge water losses required to solubilize the urea. Whether solid or
mushy, fecal excretions are often coated or filled with guanine (a
highly water-insoluble organic compound, containing five nitrogen
atoms per molecule).
If you look under a spider web, you will find sucked-dry bugs,
sliced from the web by the spider’s “housecleaning.” You will also
find many white dots, looking like paint spatters, one 16th to one
eighth an inch in diameter, often with dark centers. Around a
decimated carcass of a moth or bee, you may find brown rings of dust
that are the frass of a carpet beetle larva. (Each pellet contains
partially digested bites of the meal.) Under a rug consumed by wool
moth larvae, you will find colored dust, which are the frass of
these creatures. Each individual pellet contains approximately
equal-sized lengths of partially digested wool fibers that still
retain the color of the original fiber.
(Once, I was quite excited to discover that I was not alone in my
arcane interest in bug stuff. I received a call from a New York City
police lab that was trying to identify a decomposed body.
Apparently, carpet beetle larvae had turned the victim’s hair to
frass, which, for those of you without a dictionary, is “debris or
excrement produced by insects” according to Merriam-Webster). The
inquiry pertained to the feasibility of determining the hair dye
used by the victim. I advised them to obtain an infrared spectrum of
the fecal material, as this would provide the needed information,
since most of the hair, though fragmented, was intact.)
The fecal pellets of a house dust mite, or HDM, are typically 10
to 25 microns, which makes them small enough to become aerosolized
but big enough that they settle out of the air within seconds to
minutes. Since the intact fecal pellets are not found in air unless
surfaces are disturbed, dust rather than air is sampled for mite
allergens. (However, A. Woodcock and others in 1999 determined that
about 20 percent of aerosolized mite allergens are carried on
particles with sizes between one and four microns; in addition,
mites are allegedly coprophagous, so it is possible that their fecal
pellets are reduced in size because the mites gnaw on them.)
Other insect droppings are far too large to be aerosolized whole,
but allergens can nonetheless become airborne and be inhaled. For
example, the surface of a larval wool-moth dropping is coated with a
layer of spherules (probably containing guanine). About a micron in
size, these spherules (cemented together by a “mucilage,” visible in
scanning-electron microscopy) are readily dislodged when disturbed.
Spider droppings consist of almost pure guanine crystals (1–3
microns in size), also stuck together by a mucilage. I believe in
both these cases, the mucilage contains allergenic proteins.
So, why are spiders not good luck? Since they eat only live
insects, having lots of spiders means having lots of other bugs too.
If you can’t see dried-up insects on the web or under it, the spider
is preying on tiny booklice and mites that proliferate in conditions
of high humidity and, while alive, leave behind microscopic,
allergenic droppings. Thus, extensive networks of spider webs under
fiberglass ceiling insulation in a basement or crawl space are often
a sign of excess moisture, invisible (extensive) growth of
Aspergillus, Cladosporium or Penicillium mold in the insulation and
sometimes equally invisible, massive infestations of mold-eating
mites.
Are You There?
Since allergens from dust mites and cockroaches are significant
causes of asthma, determining (and eliminating) exposures is of
utmost importance. (The amount of allergen in a single HDM fecal
pellet is enough, during a prick-test, to provoke a weal on the skin
of a highly sensitized, mite-allergic individual.) There are readily
available tests for HDM and cockroach allergens. Dust is
accumulated, usually by a vacuum collection device, and sent to a
lab for analysis that uses monoclonal antibodies.
There are also two home tests for HDM allergens in dust. The
first (Fisons’ “Acarex”) detects guanine in the dust, on the
assumption that any guanine present in a bed or couch originated
from the mite fecal pellets. In the test, methanolic potassium
hydroxide (caustic!) and potassium nitrite are used to diazotize the
amine nitrogens on the guanine in the suspended dust; a dipstick
with reactant is inserted into the suspension, resulting in the
formation of a dye in the dipstick, the intensity of which can be
compared to a color card that is included.
In my experience, the Acarex test provided too many false
positives (though the test may prove more useful as a measure of
overall insect activity in dust). Recently, Indoor Biotechnologies
has started selling a more precise, rapid “Mitest” that reacts only
with specific HDM antigens from Dermatophagoides pteronyssinus and
D. farinae. Droplets of a buffered suspension of collected dust are
placed in a well above a nitrocellulose sheet imbedded with
reactants. The antigens diffuse down the sheet and combine with the
reactants. In a window of the kit, the darkness of an indicator
strip is compared to the color of three control strips to determine
the presence of low, medium or high levels of antigens.
Determining the presence of HDM and roach allergens is essential,
but there are hoards of other bugs, such as booklice, spiders,
silverfish, wool moths and about a dozen other species of mites that
cohabit in buildings. (Most of these creatures do little more than
masticate, fornicate, and defecate.) Exposure to these unwelcome
denizens can cause sensitization and exacerbate allergy and asthma
symptoms, and yet, there are no readily available tests kits for
their allergens (nor do allergists have antigens for prick testing
to determine sensitization). So although qualitative and
quantitative dust sampling for allergens is important, I believe
that indoor samples should also observed by microscopy.
More Forensic Scatology
One of my very first IAQ investigations was in a single-story,
slab-on-grade music building in a wooded area at an independent
school. Teachers and students would get hoarse during classes and
rehearsals. Two teachers who spent the most time in the building
were experiencing asthma and allergy symptoms. There was a mildew
odor in the building, and a dehumidifier ran constantly.
I took two vacuum dust samples from the carpet; I sent one to a
lab for HDM-allergen analysis, and I observed the other sample with
a microscope. The dust contained many, many mite fecal pellets. I
reported back verbally to the school that there was a huge mite
problem in the carpeting, only to be horrified when the lab test
results came back negative for HDM allergens. I was so embarrassed
that I never billed the school for the testing.
In hindsight, this proved to be a mistake on my part because, at
the time, I did not realize the incredible specificity of the lab
testing, which detected antigens only from the two species of HDM.
The fecal pellets I had observed in the sample came from mold-eating
mites, which did not contain cross-reacting antigens. Thus, building
occupants were probably sensitized to mite allergens (and/or
sensitized to the mildew growing in the carpet dust) that could not
be detected with the analytical test.
In another example of how useful sampling and microscopy can be,
several years ago, I purchased an expensive wool sport coat. The
jacket never bothered me in the store, but when I wore it at home, I
began to cough and wheeze. I placed the jacket in a large garbage
bag, held the mouth of the bag tightly around an inverted personal
air sampler, and kicked the jacket a few times with the sampler
operating. I then stained and observed the trapped dust sample with
a microscope. I was shocked to find several HDM fecal pellets.
When dust mites are foraging on skin scales in carpeting, they
pick up accumulations like rust and soil particles; when they are
foraging in beds, their diet is only skin, and their excreta contain
only partially digested skin scales. The HDM pellets from this
jacket were quite homogeneous, suggesting a bedroom origin (rather
than the retail store). I realized that the jacket must have been
purchased and then returned by a customer who had a serious HDM
infestation. Dry-cleaning and heat both denature HDM allergens, so
eliminating the problem was easy.
Bug BBQ: Steam Vapor
Although there are chemical treatments for carpeting (tannic acid
sprays, benzyl benzoate and borate dusts), the safest way to
eliminate many bug infestations is with the use of superheated
steam, otherwise known as steam vapor treatment. This is very
different from either steam-cleaning and washing, both of which use
just hot water. When hot water hits a surface, the material is
heated as the water cools. The net result is a temperature far below
the boiling point of water. When steam vapor hits a surface, the
vapor condenses to water at 212 degrees Fahrenheit, after delivering
a punch of 540 calories per gram of steam (the heat of
vaporization). This temperature is high enough to cook any bug in
the path of the steam (and even denature some of the proteins and
thus destroy some of the allergens present). Since steam is a gas,
unlike water (which is repelled by hydrophobic surfaces), the vapor
almost instantly penetrates fabric, carpeting, and even thin
cushions. And since very little water is used, surfaces dry within
hours rather than days, thus minimizing the chances of ensuing
mildew growth.
Conclusions
As you can imagine, my searches for bug fecal material have taken me
(donned in a durable protective suit and a respirator) into odd
places: an attic filled with thousands of empty moth larval cases
and hundreds of thousands of spider droppings, as well as an
indescribable crawlspace beneath the leaky kitchen grease trap in a
college dorm, where dead roaches and droppings littered the floor,
and booklice turned the glue traps solid white. I won’t go on, but
suffice it to say that some of the sacrifices I have made have been
for naught. My precious spider droppings were lost by the lab I sent
them to (before they could be tested for antigenicity against a pool
of patient serum). And the roach droppings I collected in a plastic
sandwich bag vanished from my desk. I had hoped to obtain a
scanning-electron micrograph of the sample because with light
microscopy, I had seen that the droppings were littered with mite
eggs and crawling with mites fornicating under groves of Aspergillus
conidiophores. The insignificant plastic bag must have fallen from
my desk and been scooped into a waste paper basket.
Opportunities like these come up only once in a lifetime!
Jeffrey May is co-author of “The Mold Survival Guide: For Your
Home and for Your Health,” and author of “My House is Killing Me!
The Home Guide for Families with Allergies and Asthma,” both
published by Johns Hopkins University Press. Currently at the press
is his next book, “My Office is Killing Me,” which will deal with
IAQ problems in offices, schools and businesses. May’s company, May
Indoor Air Investigations LLC, investigates IAQ problems throughout
the United States. He can be reached by e-mail at
Jeff@mayindoorair.com or
by phone at (800) 686-1055 |
|
|
|
|
|
|
|