Mold: Facts and Legal Issues
Bill Mashek
Molds are non-wood destroying Fungi, neither plant nor animal.
Requirements for mold growth are same as decay: spores (found everywhere)
excessive moisture, nutrients (any carbon-based material including wood
sheet rock-paper, wall paper, vinyl siding, and carpets) and oxygen.
If excessive moisture conditions or wood decay fungi is found in the
structure, it is highly likely there may be a mold problem as well. This
is especially true in a roof, window or plumbing leak, inadequate ventilation
and faulty grade conditions. Always correct source of moisture, in addition
you may want to check for mold infection. Opening walls where mold is
suspect can risk disturbing mold. Only a mycologist (with a microscope)
can accurately identify one mold from another. If a CIH (Certified Industrial
Hygienist) tests for mold and stachybotrys is found follow remediation
steps as outlined by USEPA guidelines and CIH instructions; especially
with PPE (Personal Protective Equipment) and containment.
There are over 100,000 species of mold compromising 25 % of the Earth's
biomass.
Some molds in buildings are believed to cause adverse health affects:
stachybotrys (black mold).
Most reputable health professionals believe that inhalation of mold-in-buildings
is over rated as a cause of toxic injury. Toxic effects of mold are at
best ambiguous except if ingested (eating moldy bread or potatoes). Ingestion
is the only documented route that can lead to toxic injury. However, extremely
high exposures (billions of mold spores per cubic meter of air) in occupational
settings have produced evidence of injury (silo unloaders lung). Diagnoses
of mold injuries are difficult. There is no generally recognized pattern
of injuries or impairments exclusively associated with mold (in contrast
to asbestos, e.g. mesothelioma)
Some common molds include: stachybotrys (black), aspergillus, penicillium,
alternaria.
Awareness of mold in building blossomed in 1990's as well as litigation.
As more science is involved in the court systems, most large settlements
have been reduced or defeated in appeals. I.e. Ballard v Fire Insurance
Exchange (Texas 2001) original settlement 32 million, appeals court reduced
award to 4 million because of bad faith of the insurance company. Consumers
must be aware of the scare tactics
used by the "mold opportunists". If some one makes a mold claim
they will have difficult time finding homeowners insurance. Most insurance
companies are not covering mold remediation or they limit the coverage
to a specific dollar amount
Legal aspects: Arthur Cook, Attorney at law, Hill Farrer &Burrill
LLP (www.hillfarrer.com) Science: Pest Control Operations, Perdue University.
Wayne Wilcox, U.C Berkeley, Forest Products Lab. et al
Further Information:
www.abih.org, www.aiha.org,
www.epa.gov/iaq,
www.cdc.gov/niosh,
www.nibs.org, www.aspergillus.man.ac.uk
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