Attorneys representing plaintiffs believe mold is a significant issue, while those representing defendants believe just as strongly that mold is something we have lived with for years, and that recent publicity has elevated it to a “crisis of the year” status.
In my opinion, mold commonly encountered in our everyday environment is typically not a problem. However, the amplification of mold, the excessive growth of mold in the indoor environment, can be a significant problem. The elevated moisture conditions associated with mold growth not only degrades the physical integrity of the structure, but the amplified mold may be associated with adverse health effects.
The problem with mold is that the most common effects are allergy-like symptoms, such as a sinus headache, congestion, runny nose, irritated eyes and throat, cough, etc. These are “quality of life “ issues – who wants to wake up every morning with a sinus headache? Unfortunately, many occupants may be experiencing these types of symptoms and not realize the source of the problem – mold.
The amplification of indoor mold has become more of an issue in the last 25 years because of energy concerns, as well as other factors. In problem buildings, mold follows moisture.. Building tighter, more energy efficient houses, combined with the loss of craftsmanship in the building trades, may result in additional moisture being trapped within the structure of the house, which can result in increased mold growth. According to at least some construction experts, this issue is expected to increase in importance over the next ten years, not decrease.
Construction methods may also contribute to the continued notoriety of mold as an indoor contaminant. For example, some builders are currently using wet spray-applied cellulose insulation (WSACI) in ceiling and wall cavities. This involves the spraying of post-consumer use cellulose (wet newspaper picked up in an alley and pre-inoculated with mold spores) into wall cavities. Unfortunately, the wet insulation may be covered with drywall before it has dried. In addition, the water-soluble fire retardants in the cellulose may become displaced over time. It has been estimated that ten percent or more of the new housing stock contains this insulation.
Destructive Testing
Destructive testing involves opening various wall and/or ceiling cavities to inspect for evidence of water intrusion and/or mold.
The US Environmental Protection Agency (EPA) has issued guidelines for remediating mold, as does the New York City Department of Health. These guidelines would also apply to destructive testing. Neither guideline requires that containment be established during destructive testing. However, these guidelines should be viewed as a “minimum” level of response, and are not necessarily what a legally-defined “prudent person” would do. Even if these minimum guidelines are followed, especially in a residential setting, the occupant (or their attorney) may still claim that they were not adequate to protect the structure, contents, or the occupants.
Many attorneys approach destructive testing with little regard for the surrounding indoor environment, even during mold investigations when the presence of mold is suspected. For example, destructive testing authorized and conducted by one attorney resulted in an airborne concentration of over 2,000 spores/m3 of Stachybotrys and 1,000 spores/m3 of Aspergillus/Penicillium type spores in the surrounding rooms.
However, once the wall is cut open and mold is exposed, the worst thing the attorney can do is to leave it exposed. It’s a simple matter to ask the consultant to use 6-mil poly and duct tape to cover the opening in the wall when the inspection is finished.
Disinfectants
There are three basic approaches for dealing with moldy materials in the indoor environment; repair, restoration, and remediation. A drywall repair, for example, simply involves wiping the moldy material, possibly with dilute bleach, and then painting it.
Bleach, when applied to moldy surfaces like wood or drywall, may kill upwards of 95 percent of the mold. However, a visible colony of Aspergillus or Penicillium may contain almost a million mold spores per square inch. Killing 95 percent of the spores would still leave 50,000 spores per square inch alive and well, and ready to start growing again. However, removing the moldy material removes all the spores, and prevents new growth.
Joe Spurgeon, Ph.D., CIH, has extensive experience in mold, microbial investigations, sick building syndrome, indoor environmental quality, legionella, and assessment of exposures to contaminants in the workplace and environment. He is a Certified Industrial Hygienist and holds a Ph.D. (dual) in Environmental Health & Analytical Chemistry. Dr. Spurgeon can be reached by phone at (714) 985-9659 or via email at cih@bi-air.com.
