AIR QUALITY/Toxic molds can create liability problems

When a Texas jury awarded a Dripping Springs woman $32 million for damage to her 22-room mansion as a result of toxic mold, it opened the floodgates. From coast to coast, courts now are dealing with similar cases: One California Superior Court Judge is suing Tulare County for injury because of toxic mold found in the county’s courthouse, and 495 public housing residents are suing New York for ailments they claim are caused by toxic mold in their housing complex. USEPA is investigating a link between toxic mold and the deaths of nine infants in Cleveland following the Midwest floods of 1993.

Awareness of toxic mold has increased as outbreaks have appeared in numerous buildings. In Austin, Texas, one elementary school was closed for more than 18 months for remediation. And, in January, the Toxic Mold Protection Act, which directs state health officials to set exposure limits for schools, homes, businesses and public buildings, became law in California.

Toxic molds can secrete chemicals called mycotoxins, which are highly mobile and can lodge in the lungs, brain and digestive tract, causing headaches, nosebleeds, respiratory problems and even death. One toxic mold — stachybotrys mold — is listed in a military manual as an agent of biological warfare. It is stachybotrys, which USEPA calls “perhaps the most hazardous of the toxigenic fungi found in wet buildings,” that the agency suspects in the Cleveland deaths.

The U.S. Department of Housing and Urban Development has spent more than $3 million to research the issue. “What’s coming is toxic mold liability on the scale of asbestos liability,” says John Regan, chairman and CEO of PDG Environmental, a Pittsburgh-based remediation firm.

Additionally, since 1991, USEPA has studied toxic mold, focusing on evaluating material properties, climate conditions and microorganism interactions that contribute to environments amenable to fungal colonization. Over the last five years, the agency has used a static chamber method to evaluate a variety of building materials and fungi. (The findings are being incorporated into a standard guide for the American Society of Testing and Materials.)

Any structure with water leaks, water damage or a history of either is at risk for developing toxic mold. High humidity increases the risk. According to USEPA, building owners should ask a number of questions to determine if toxic mold could be a problem in their facilities:

• Are there existing moisture problems in the building?

• Have building materials been wet for more than 48 hours?

• Are there hidden sources of water, or is the humidity high enough to cause condensation?

• Are building occupants reporting musty or moldy odors?

• Are building occupants reporting health problems?

• Are building materials or furnishings visibly damaged?

• Has maintenance been delayed, or has the maintenance plan been altered?

• Has the building recently been remodeled, or has the building’s use changed?

• Is consultation with medical or health professionals indicated?

• If any of those questions are answered in the affirmative, building owners should seek the help of remediation professionals. Reputable mold remediators should possess certification from either the Glendale, Ariz.-based American Indoor Air Quality Association (AIAQA) or the Kensington, Md.-based Indoor Air Quality Association (IAQA). They should carry multi-million dollar liability insurance and should follow OSHA and other specified safety protocols.

  For more information, contact USEPA at www.epa.gov, IAQA at www.iaqa.org or AIAQA at www.iaqcouncil.org.