Energy & Environmental Solutions, Inc. Mold Facts/Fiction/Who Knows

Transcription

1 Energy & Environmental Solutions, Inc. Mold Facts/Fiction/Who Knows Cincinnati Bar Association - Construction Law Committee September 14, 2004

2 Hi, my name is Introductions Brian J. O Connell, Esq. Dinsmore & Shohl, LLP, Inc. Stephen Petty, P.E., C.I.H. Energy & Environmental Solutions, Inc. President

3 Hi, my name is Introductions Stephen Petty Education Certifications Energy & Environmental Solutions, Inc. President B.S. and M.S. Ch.E., Univ. of Wash. M.B.A., Univ. of Dayton (Roesch Award) Professional Engineer (OH/PA) Certified Industrial Hygienist (C.I.H.) Work History Battelle 1979 to 1989 Columbia Gas to 1997 EES 1997 to Present

4 Agenda Introductions Mold Some Examples Mold Why Does It Form Mold How We Test For It Mold What Do Results Mean Mold Need For Holistic Solution Mold Recent Trends What is This All About...

5 MOLD MOLD STANDARDS

6 The Mold Issue Golden Stewart - President, Insurance Information Institute (I.I.I.) "Mold claims in Texas rose 1,306 percent between the first quarter of 2001 and the fourth quarter of 2002," said Stewart. "The frequency of mold claims per 1,000 policyholders rose 1,286 percent during the same period. In Texas, mold claims costs rose 560 percent between 2000 and 2001." According to Stewart, the surge in the frequency and cost of mold claims in Texas cannot be explained by changes in the weather, nor can it be explained by population growth or expansion in the stock of housing. "What has changed is the legal climate dominated by some who see mold as a huge moneymaker and use mass marketing and media to advertise for clients and class action participants, as well as to instill fear in the public," he said. "The anxiety that follows the publicity has been exploited by so-called mold experts, testers and remediators who have joined in the money chase and who often target vulnerable populations." Partly as a result of the uncertainty around mold, the cost of homeowners insurance nationally is expected to rise by close to 10 percent this year on average, but some states are seeing increases far in excess of that amount, Stewart confirmed. A number of insurers are implementing or seeking rate increases of up to 25 percent in Texas and California, the two states that account for most mold claims today. Rate increases in the 10 to 15 percent range are common elsewhere.

7 Molds A Bunch of Them Anne Doran, NAII local counsel, noted that there are more than 100,000 species of mold. Good Websites for More Info: (additional internet resources/health & safety)

8 MOLD FACTS Indoor fungal growth influenced by: Moisture/Water Nutrients in Substrate ph Light Temperature Typically mold is found in the following high moisture materials: Wall boards Ceiling tiles Pipe insulation Behind wallpaper 1 1 Source: Tiffany and Bader, Detection of Stachybotrys Chartarum by Culturable Air Samples, Tiffany-Bader Environmental, Inc., Lawrenceville, NJ, 2002.

9 Water Is Key Key Eliminate Sources of Moisture/Water X

10 Actual Situations

11 Actual Situations

12 Actual Situations

13 Common Molds Alternaria spp. Mucor spp. Alternaria spp. Aspergillus spp. Aureobasidium spp. Cladosporium spp. Mucor spp. Penicillium spp. Stachybotris spp. Aspergillus spp. Penicillium spp.

14 MOLD FACTS 1 Typically molds progress as follows depending on moisture availability: Primary colonizers (e.g., Penicillium spp & Aspergillus spp) Secondary colonizers (e.g., Cladosporium spp) Tertiary colonizers (e.g, Stachybotrys) ) on wet materials 1 Source: Tiffany and Bader, Detection of Stachybotrys Chartarum by Culturable Air Samples, Tiffany-Bader Environmental, Inc., Lawrenceville, NJ, 2002.

15 Common Molds - Continued COMMON MOLD TYPES AND SOURCES Mold Genus Alternaria Aspergillus Aureobasidium pullulans Chaetomium Cladosporium spp Curvularia Epicoccum Fusarium Mucor spp Penicillium Penicillium aurantiogriseum Rhizopus Stachybotrys Trichoderma Sources found most everywhere outdoors carpet & chronic dampness bath/kitchen cellulose walls wall joists and building timber cellulose containing products; but common common outdoors common outdoors ventilation systems sugar and dust-rich carpets carpet, chronically damp areas; very common concrete sugar and dust-rich carpets ceiling tiles and sheetrock wall joists and timber

16 Varying Health Effects Molds can cause the following reactions on exposure: Irritation/Allergy commonly in the respiratory tract. Infection disease or infection caused by molds. Mycotoxicosis reaction to chemicals given off by molds (aflatoxins from some strains of Aspergillus flavus and trichothecenes from some species and strains of Fusarium, Cephalosporium, Stachybotrys and Trichoderma).

17 Varying Health Effects Fungal Species Substrate Possible Metabolites Potential Health Effects* Alternaria alternata moist window-sills, walls allergens asthma, allergy Aspergillus versicolor damp wood, wallpaper glue mycotoxins, VOCs Aspergillus fumigatus house dust, potting soil allergens many mycotoxins unknown asthma, rhinitis, hypersensitivity pneumonitis toxic pneumonitis infection** Cladosporium herbarum moist window-sills, wood allergens asthma, allergy Penicillium chrysogenum damp wallpaper, behind paint mycotoxins VOCs unknown unknown Penicillium expansum damp wallpaper mycotoxins nephrotoxicity? Stachybotrys chartarum (atra) heavily wetted carpet, gypsum board mycotoxins * specifically from inhalation exposure, based on laboratory animal data ** in immuno-compromised individuals dermatitis, mucosal irritation, immunosuppression

18 Common Sampling Methods TEST METHOD Viable (e.g, Anderson N6 Impactor) Viable and Non- Viable (Air-O-Cell) Swab Carpet Chek MEDIUM SAMPLED Bulk Air Bulk Air Surface Surface WHY? Sample for Live Mold that one breathes Sample for Total Mold Dead and Alive Sample for Mold on Surfaces Sample for Mold in/on Carpeting New Method MycoMeter - measures cell wall enzyme!

19 MycoMeter Mold Detection Method The New Standard for Mold Testing

20 What Do Sample Results Mean? #1: There are No Standards But Guidelines are Emerging and Are Being Used. Anne Doran, NAII local counsel, told Insurance Journal science does not exist to create proven, sound mold exposure standards. And sensitivity to mold varies from individual to individual. Compare Species and Concentrations to Outdoor Levels and Look for Differences Table 1: Viable Air Sample Guidelines No Growth Low (Normal Growth) Borderline/ Moderate Active Growth Very Active Growth < 1,000 CFU/m 3 of air a > 1,000 CFU/m 3 of air b < 250 CFU/m ,000 CFU/m 3 >1,000 CFU/m 3 >5,000 CFU/m 3 a low contamination; b high contamination

21 What Do Sample Results Mean? Compare Species and Concentrations to Outdoor Levels and Look for r Differences What Do You Think? Table 2: Agar Test Results (Viable Bioaerosol Samples) Sample ID Sample Description Total Fungal Count (CFU/m 3 air) Major Species (%) CR-BLANK Blank 1 Non-sporulating dematiaceous fungi (plate contaminent) CR-VIA-AMBIENT Outdoors 813 Cladosporium spp 54% Alternaria spp 17% Penicillium spp 9% Acremonium spp 7% Epicoccum spp 4% Fusarium spp 2% CR-VIA-LR Living Room Center 3,004 Penicillium spp* Aspergillus versicolor* Cladosporium spp* Alternaria spp* Fusarium spp* Epicoccum spp* CR-VIA-BR1 Bedroom #1 Center 2,827 Penicillium spp 69% Cladosporium spp 18% Aspergillus versicolor 6% Pithomyces spp 2% EES Alternaria spp 2% ENERGY & ENVIRONMENTAL SOLUTIONS, INC. 2004

22 Myths About Airborne Sampling From Caoimhín P. Connell - Forensic Industrial Hygienist The interpretation of airborne fungal results is one of the most misconstrued, possibly even the most abused and misunderstood aspect of fungal exposures in buildings and the outdoors. There are three myths one should be aware of: 1)There is no correlation between indoor and outdoor concentrations for closed building conditions. 2) It is impossible to determine the indoor concentrations of airborne microorganisms based on one or two or even three short duration samples. 3) The commonly referenced acceptable airborne concentrations of 200 colony forming units per meter of air is invalid.

23 Need For Holistic Solution Normal Process -vs. vs.- Suggested Process Sample Sample/Inspection for Source(s) of Moisture Specification Specification for Mold and to Include Elimination of Moisture Source Remediation Site/Building Mods. & Remediation Confirmation Sampling Confirmation Sampling/Inspection

24 Good Mold Investigator Capabilities (Need to Match Both Skill Sets) Certified Industrial Hygienist (Mold and Bacteria Sampling) & Professional Engineer (Structural/HVAC Source/Cure Moisture)

25 Trends in Mold 2004 National Academy of Sciences Paper Damp Indoor Spaces and Health Effects Limited known health effects from mold exposure Science behind concerns - Net Result: Has Slowed Down Legislation and Insurance $$ in the Area

26 Trends in Mold Construction Materials Less expensive exterior building systems/materials such as EIFS and T-111 T fail to hold out moisture as installed by real world workers and once wet do not dry out!

27 Trends in Mold Insurance Companies adding mold limitations to policies. Then pay p out maximum of $5K or $10K and ask insured to sign a waiver for any future liability. Home inspectors entering the area as low-cost testers (<$1,000) where historically work by mold professionals for baseline work would approach $3,000. Reputable firms cannot obtain E&O insurance for residential mold work (e.g., Zurich will not insure firms in this area). Pricing and insurance forcing out reputable players Legal situation complicated by lack of legislation and standards. Standards slowed by complexity (>100,000 mold plus differing byproducts) and lack of hard science on health effects. General consensus that in most cases air sampling of limited or no value due to: 1) low # samples cost, 2) sample is snapshot in time need 2 days of sample to represent conditions in a building and 3) analytical accuracy remains inconsistent perhaps even poor. New MycoMeter approach appears best for determining mold levels on surfaces. Doesn t ID mold types not necessary new paradigm.

28 Mold Legislation Status 9/04

29 Mold Legislation Status Cont.

30 Mold What is Likely to Happen Biggest near term forcing function on addressing mold issues will l be the Real Estate Community. They will require disclosure of past water intrusion and mold events. If such events occurred, validation that problem has been corrected will likely be required. Will require protocol to prove problem has been remediated See industry like Phase I/II (and ASTM Standards) for environmental issues evolving g to address issue. Legislative activity will slow down until science catches up. Continued grass roots concern about mold and impacts on indoor air a quality by the public Quality of remedial activities likely to continue to fall Legal action limited by lack of legislation and standards; focus will be on construction defects mold a collateral damage. Legal community will begin to pursue insurers of/ and mold sampling /remediation firms. Issue of capping insurance payout knowing costs are much higher likely will be litigated soon.

31 THANK YOU ANY QUESTIONS?

32 Thank You EES Stephen Petty, P.E., C.I.H. 84 N. High Street, Suite 2B Dublin, OH Phone: (614) Fax: (614)