Legal Spotlight: Don’t Try This at Home - Leave Mold to the Pros!

By Brian McDonough

Brian McDonough

Although we have over two million types of mold spores, it took years for the U.S. government to fully understand the affect mold can have on our health and our homes. Indoor mold can cause everything from respiratory ailments to cancer, which means, if your home has mold, it must be handled carefully.

Although the U.S. currently does not have any laws specifically referring to mold remediation, in 2003 the Federal government published guidelines on how to handle mold – mostly due to the fact that many states were using obsolete guidelines from over a decade ago.

Since 2003, many states, including California, Montana, New Jersey, and Texas, have enacted or have pending legislation regarding indoor mold levels and its remediation. Massachusetts, unfortunately, does not have any laws or regulations concerning mold. In fact, the state still relies on the outdated New York City mold guidelines from the early 1990s.

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Due to advances in microbiology testing and research, the way we deal with – and prevent – mold today is vastly different than it was in 1991. Back then, if toxic black mold was found in your attic, you would have to tear out all the wood, any insulation, the asphalt shingles on the roof – in short, everything – and replace it, to the tune of $20K or more.

Now we can run highly accurate tests to determine the type of mold and whether it’s alive or dead. Knowing if you have a “good” mold or bad mold – or even dead mold -- makes all the difference because we also have different treatment strategies depending on mold type and level of contamination.

Because the mold industry is not regulated in Massachusetts, it’s easy for unscrupulous contractors to take advantage of unsuspecting homeowners and real estate investors. What follows are my three strategies for properly dealing with mold.

1. Prevent mold in the first place.

Mold reproduces by means of tiny spores. These spores are invisible to the naked eye and float around in the air indoors and out. Mold can only grow if it has moisture and water.

The number one way to prevent mold from growing is to keep your indoor environment dry from attic to cellar. The number one cause of mold is leaking water – from pipes, through the roof, into the cellar, and even from down spouts that let water run directly into the foundation of the house. Other causes include high areas of moisture that never completely dry out, such as the bathroom, or previous water damage that wasn’t properly treated.

If you have a leak, get it fixed immediately. To help eliminate moisture in the bathroom, install a ceiling fan and allow air to circulate. Cracking your windows, even in winter, is beneficial because it allows “diluted” air to mix with “concentrated” indoor air.

Cellars benefit from dehumidifiers – although you have to be careful with this. Massachusetts wants to enact legislation that states anytime a home inspector notices a dehumidifier in the cellar, he or she has to note a “moisture” problem. You should also keep your attic at least 5 – 10 degrees warmer than the outside air to prevent moisture build up.

If your cellar floods due to a broken sump pump, overflowing washing machine, or a natural flood, dry out the area as quickly as possible. Remove all carpeting, waterlogged debris, and paper-backed insulation. If you have wood studs, make sure they dry out, too, otherwise mold will set in.

I also recommend that you use high-quality HEPA AC and furnace filters (HEPA stands for “high efficiency particulate air”). A typical $.99-cent filter will filter out large particles, such as cat hairs. A HEPA filter, on the other hand, must pass a test to carry the HEPA designation. These types of filters trap at least 99.97 percent of particles of .3 microns – including mold spores (you can find test results on the packaging). These filters are much more expensive, but they also do a fantastic job of keeping your air clean.

2. Use federally certified mold inspectors.

Many people automatically assume black mold is toxic mold. Of the two million types of mold, only four are toxic.

If mold is discovered during a home inspection, don’t panic – and don’t let the home inspector tell you it’s “mildew” or that he can remove the mold for you. (Mildew, for your information, only grows outdoors on plants.) It is a huge conflict of interest for a home inspector to say you have mold, run a test on it, and then charge you for clean up. If this happens to you, report the person immediately.

More important, don’t try and fix the mold problem yourself. One, if it does turn out to be toxic mold, you can contaminate yourself, your family, and the rest of the house; two, if you do have a real mold problem and you don’t have it properly treated, you’re liable to be sued down the road for not disclosing the problem.

For mold testing, look for an independent mold inspector who has been certified by the National Association of Mold Professionals (NAMP). A certified inspector has been trained to properly take mold samples using swabs and a potato dextrose culture. The sample is then sent to an accredited lab where it is allowed to incubate before tests are run.

Test results are returned within 7 – 8 days and will state the type of mold, the level of contamination, and whether the mold is dead or active. All of this information is vitally important because your mold remediation company will base its plan of action on the test report. If your mold is dead, all it takes is simple clean up with bleach. If it’s toxic, well, then you’re talking “bio-side” clean up where the mold remediation company has to tent off the area and most likely remove the affected wood, carpet, insulation, sheetrock, etc.

An unscrupulous inspector will take a sample using lift tape and then give you “test results” one day later. These results usually state, “Yes, this is mold.”

3. Use a certified mold remediation company.

Last year my friend had his fully finished cellar ruined during to the Merrimack Valley flood. He lost everything, including his rare book collection. The insurance company said it would cover up to $90,000 worth of clean up costs and property and sent in a national industrial cleaning company rather than a mold remediation company.

They did a good job of cleaning things up and removing the paper-backed Gypsum wallboard but they left backing from the carpet and the wood studs. A few months later, the cellar smelled musty, so my friend had it tested. The results? The mold spores were too numerous to count. The insurance company then had to send in a certified mold remediation company who sanded the concrete walls with dry ice, among other things. Once clean up was complete, the cellar environment was retested and given the all clear. The cost to the insurance company because it didn’t use a mold remediation company in the first place? $200,000 dollars.

When mold is discovered in your home, don’t panic. Call in an independent mold inspector, ensure tests results come from an accredited lab and state the type of mold and level of contamination, and use a certified mold remediation company to oversee clean up. Your best bet, however, is to prevent mold from happening in the first place.

Brian McDonough is an independent, NAMP certified mold inspector based in Brockton, MA. He can be reached by phone at 508-878-8203 or via email at mcdonoughinsp@peoplepc.com.

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