No Changes Yet To Calif. Mold Bill

Despite some optimism on the part of a Senate staffer, California Senate Bill 732, the "Toxic Mold Protection Act of 2001," did not move forward as expected late last month.

As of August 22, the bill was referred to Appropriations suspense file and no other action was taken. Meanwhile, Edward Cross, an indoor environmental attorney in Santa Ana, Calif., and head of the SB 732 Strategy Team, had not received any response back to his memorandum on several changes that should be made to the bill. Current amendments approved in mid-July would essentially eliminate the need for professional microbial sampling or remediation services.

SB 732 bill requires the Department of Health Services (DHS) to consider the adoption of permissible exposure limits to mold in indoor environments. 

Specifically, this bill:

• Requires DHS to: 

1. Adopt the permissible exposure limits if deemed to be feasible;
2. Adopt standards to address the health threat posed by mold in indoor environments. The department may adopt alternative assessment standards applicable to facilities that primarily serve subgroups more at risk, such as young children and the elderly;
3. c) Adopt identification and remediation standards for mold in indoor environments;
4. Convene a task force for purposes of consultation regarding the above activities;
5. Report to the Legislature by July 2003 on its progress in developing the standards; 
6. Review the standards at least once every five years and revise as necessary;
7. Develop and make available public education materials about the health effects of molds and methods to prevent, identify, and remediate mold growth.

• Establishes notification requirements regarding indoor mold for owners and tenants of commercial, industrial, and residential buildings, which would be in effect after adoption of any DHS standards.
• Requires the Department of Consumer Affairs (DCA), after DHS standards are adopted, to report on the need for standards for mold-testing professionals and mold remediation specialists.

Analysts have determined that the fiscal effect of the bill is minimal. General Fund costs of about $400,000 in 2001-02 and $700,000 annually for the following two to three years for DHS to facilitate the task force and develop the standards and educational materials. Ongoing costs to update the standards every five years would be around $300,000.

While some insurers are fighting to drop water damage policies, others are making sure the mold abatement firms they use are trained and qualified.

Last month, Fireman's Fund Insurance Company and Liberty Mutual Insurance Co. both requested lists of Certified Mold Remediators (CMR) from the Indoor Air Quality Association (IAQA). According to IAQA officials, insurance company representatives intend to distribute the list of mold abatement professionals to their claims agents nationwide.

"The insurance industry people told us they only want the best - people who are trained and tested in mold remediation. IAQA's Certified Mold Remediator program fits their qualifications," said Glenn Fellman, IAQA executive director.

A multidisciplinary IAQA committee that included professionals in engineering, microbiology, industrial hygiene, HVAC mechanics, cleaning, and restoration created the CMR program. To obtain certification, a candidate must score at least 70 percent on a 125-question written exam. Candidates must also possess five years experience in remediation or a related indoor environmental profession to be certified.

Earlier this year IAQA approved two course providers to implement the association's mold remediation training courses. Persons who take the course and meet experience qualifications have the option of taking an IAQA-administered exam to become a CMR. Already more than 300 people have taken part in the program.

"We are testing about 100 people a month and expect to double or triple that number next year as we continue to add course providers," said Fellman.

Course providers must pass criteria set by IAQA's Education Committee and have their classes and manuals reviewed by association representatives. A Florida-based IAQA trainer is expected to come online this month, and other training providers are under consideration.

IAQA isn't the only association training and certifying mold abatement experts. The American Indoor Air Quality Council (AmIAQ) has certified about 200 Certified Mold Remediation Supervisors (CMRS) in the last year. Like IAQA, AmIAQ's training is conducted by association-approved training providers. AmIAQ currently has three firms approved to provide training.

Two associations from the restoration field - the Association of Specialists in Cleaning and Restoration (ASCR International), and the Institute of Inspection, Cleaning and Restoration Certification (IICRC) - are also considering training and certification in mold remediation as well. IICRC's program will likely include certification for sewage disaster clean-up.

Insurers Ending New Home Policies

While mold certification courses are selling out in our industry, some insurers have halted the sale of new homeowners policies in Texas and elsewhere because of potential losses from water damage and mold claims.

Farmers Insurance Group, which recently had a $32 million verdict against the company in a Texas mold case, and Progressive Insurance Co. recently stated in news releases that they were not selling any new homeowner policies until they developed a strategy to assess and define their liability.

Allstate was also rumored to be following the lead of Farmers and Progressive. All three insurers have asked the Texas Department of Insurance commissioner to allow them to exclude mold coverage on insurance policies, even in a water damage claim.

Most policies in Texas now cover mold damage if it results from a water leak, such as a broken pipe.

State Insurance Commissioner Jose Montemayor, who has been holding public hearings on the issue around the state, has asked the five largest insurers to report to him their total claims related to mold damage.

EPA Seeks To Clean Up Chemical Misuse

Last month, EPA's Antimicrobial Division called in leading associations from the HVAC and chemical industries to talk about the use of biocides in HVAC systems.

HVAC industry associations at the table included the Air-Conditioning Contractors of America (ACCA), the American Society of Heating, Refrigeration and Air Conditioning (ASHRAE), the Air-Conditioning and Refrigeration Institute (ARI), and the Refrigeration Service Engineers Society (RSES). Chemical industry associations included the American Chemical Society (ACS), Consumer Specialty Products Association (CSPA), and Chemical Producers and Distributors Association (CPDA). Also participating was the Building Owners and Managers Association (BOMA International).

According to one meeting participant, EPA called the session to express its concern about the improper use of antimicrobial chemicals in HVAC systems. EPA officials reportedly claim to have received a rash of complaints in recent months regarding the problem.

The EPA division proposed two efforts to correct the problem. First, the agency asked cooperation from the HVAC associations in educating their members and the industry at large. Second, EPA asked for help from the chemical industry in adding new labeling requirements.

HVAC representatives at the table acknowledged the problem, but said their industry has difficulty understanding what can and what cannot be used in HVAC systems to treat microbial growth. Members of the chemical community added that EPA's website is woefully inadequate in providing label information, as the site is hard to navigate and the documents posted are blurry PDF files. EPA agreed to work to correct these problems.

Of interest is the fact that no representatives of cleaning associations were invited to the meeting. IE Connections was told that EPA's Frank Sanders, who chaired the meeting, told attendees he was not aware of the National Air Duct Cleaners Association (NADCA) or Association of Specialists in Cleaning and Restoration (ASCR), but would invite them to future meetings.

Additional EPA meetings are planned. Look for more coverage of EPA's effort to eradicate misuse of HVAC antimicrobials in future issues this year.