Toxic Mold Assessment, Mitigation, and Prevention at DOD Facilities Kim Taylor, Esq., CHMM, Presenter 08 April 2004 Kim Taylor, Esq., CHMM, Presenter 08

Toxic Mold Assessment, Mitigation, and Prevention at DOD Facilities

Toxic Mold Assessment, Mitigation, and Prevention at DOD Facilities

Kim Taylor, Esq., CHMM, Presenter

08 April 2004

Kim Taylor, Esq., CHMM, Presenter

08 April 2004

AUTHOR CONTACT INFORMATIONAUTHOR CONTACT INFORMATION

Kim Taylor [email protected] [email protected]

CDM3760 Convoy Street, Suite 210San Diego, CA 92104(858) 268-3383

Ben Kollmeyer [email protected] [email protected]

Forensic Analytical, Inc.2959 Pacific Commerce DriveRancho Dominguez, CA 90221(310) 763-2374

OBJECTIVEOBJECTIVE

To discuss:

– Emerging mold issues at DoD facilities

– Development of a Mold Assessment, Mitigation, and Prevention Program (AMPP) for DoD Facilities

Stachybotrys ChartarumSource: StartRemodeling.com

Stachybotrys ChartarumSource: StartRemodeling.com

INTRODUCTIONINTRODUCTION

Fungi

– Molds, yeast, and mushrooms

– 25% of earth’s biomass

– Estimated 10,000 – 300,000+ Species

Historical Events Potentially Related to Mold

– Old Testament – Leviticus 14

– Salem Witch Trials

– King Tut’s Curse

COMMON CAUSES OF INDOOR MOLDCOMMON CAUSES OF INDOOR MOLD

Basic Requirements

– Temperature

– Nutrients

– Lighting

Necessary Factors for Indoor Mold Growth

– Food

– Moisture

– Time

TOXIC MOLD – THE MYTHTOXIC MOLD – THE MYTH

“Toxic” Molds

– mycotoxins

– Stachybotrys Chartarum, Aspergillus

“Black” Mold

Nontoxic Molds

– Allergens

– Volatile Organic Compounds (VOCs)

HUMAN HEALTH IMPACTSHUMAN HEALTH IMPACTS

3 Processes

Exposure Routes

– Mycotoxins and Allergens

– VOCs

Typical Symptoms

Effects

– Duration

– Severity

Suspected Human Health ImpactsSuspected Human Health Impacts

Sick Building Syndrome (SBS)

Nonrespiratory symptoms

Death

EMERGING REGULATIONSEMERGING REGULATIONS

Federal Legislation Still Under Committee Review

– United States Toxic Mold Safety and Protection Act of 2003 (H.R. 1268)

As of 2003, over 30 States Have Debated Mold Legislation!

California

– Passed the Toxic Mold Protection Act in 2001 (Senate Bill 732)

Federal H.R. 1268 – Requirements for Public HousingFederal H.R. 1268 – Requirements for Public Housing

Requirements for Existing Public Housing

– Landlord notification

Mold information pamphlets to tenants

– Periodic inspections and risk assessments

– Mandatory abatement

Federal H.R. 1268 – Other ProvisionsFederal H.R. 1268 – Other Provisions

Other Provisions

– Disclosure requirements for real estate transfers

Known mold

Past or chronic water intrusion problems

– Public Housing

Construction requirements

new building codes

LEGAL IMPLICATIONSLEGAL IMPLICATIONS

Typical Mold-Related Claims

BRAC Property Transfers/Leases

– Applicable, Relevant and Appropriate Requirements (ARARs)

Feasibility Study, Record of Decision

– Property Transfer Documents - Disclosures

Finding of Suitability to Transfer (FOST)/ Finding of Suitability to Lease (FOSL) Process

– Potential Exposure to Future Litigation/Claims

Current Disclosure ObligationsCurrent Disclosure Obligations

California Health and Safety Code (various sections)

– Commercial, residential, or industrial property Seller with knowledge of mold must disclose to prospective buyers/tenants

– Commercial or Industrial Tenant with knowledge of mold or chronic water intrusion or flooding problems must notify landlord

– Residential Landlord must provide Cal. Dept. of Health Services Booklet: Mold in My Home, What Do I Do?

ASSESSMENT, MITIGATION, AND PREVENTION OF MOLD AT DOD FACILITIES

ASSESSMENT, MITIGATION, AND PREVENTION OF MOLD AT DOD FACILITIES

Just One Component of Indoor Air Quality (IAQ) Management Policy

– Advocated by:U.S. Environmental Protection Agency

U.S. Dept. of Health and Human Services

U.S. Centers for Disease Control and Prevention

National Institute for Occupational Safety and Health

– Other Components of an IAQ Policy

Mold AssessmentMold Assessment

Inspection

– Identify Growth

– Identify Cause

– Investigate Complaints

– Communicate risks

Mold MitigationMold Mitigation

Remediation

– Remove Source

– Non-porous Building Materials

– Porous Building Materials

Engineering Controls

– Trained personnel

– Health and Safety Plan

Periodic Re-inspection

Monitor Building Occupants

Mold Mitigation (Cont’d)Mold Mitigation (Cont’d)

Complete When:

– Moldy or musty odors are no longer discernable,

– No visible mold is present, and

– Moisture source has been eliminated.

Mold Prevention – Existing BuildingsMold Prevention – Existing Buildings

Prompt Repair of Moisture Sources

Moisture Prevention

– Building Temperature Control

– HVAC System Maintenance

– Adequate Ventilation

– Landscaping

Mold Inhibitors

Mold Prevention – New ConstructionMold Prevention – New Construction

Structural Design for Moisture Prevention

– Vapor barriers

– Ventilation

– Insulation

HVAC Systems

– Proper design, installation, and operation, and maintenance

Assessment, Mitigation, and Prevention Plan (AMPP)Assessment, Mitigation, and Prevention Plan (AMPP)

Step 1

– Designate a mold AMPP manager

Step 2

– Develop a building or facility profile Building structure, function, and occupancy

History

Walk-through

Assessment, Mitigation, and Prevention Plan (Cont’d)Assessment, Mitigation, and Prevention Plan (Cont’d)

Step 3

– Address existing mold and moisture problems

– Identify potential moisture problems

Step 4

– Train building/facility maintenance personnel Identification

Equipment Usage

Reporting

Assessment, Mitigation, and Prevention Plan (Cont’d)Assessment, Mitigation, and Prevention Plan (Cont’d)

Step 5

– Develop a routine facility inspection and maintenance plan

Routine inspection – personnel and frequency

Procedures for maintenance and mitigation of mold and indoor moisture

Step 6

– Establish procedures for responding to occupant complaints

ConclusionsConclusions

DoD currently has policies for:

– Asbestos

– Lead-based paint

– Radon

ConclusionsConclusions

Adoption of a mold policy or an overall IAQ policy could:

– Follow these preexisting models

– Prevent potential legal claims related to mold

– Be immediately put to use in property transfer documents for facilities in the BRAC process

– Be implemented for new construction projects

– Place DoD on the forefront of agencies that will soon be required to implement mold programs under pending federal legislation