2-11-2008
We have been asked by many people over the years
on “How the NABOR contract clauses for mold inspection and remediation should read?”
Most recent example: “This issue has created SO many problems in closing deals in an already
challenging environment. Buyer's agents give seller's agents test results and then say..."there's mold, FIX it!" or the buyer
won't buy. No identification of the problem areas or anything. The seller's are held hostage until they invest big money in
"remediation", many times offered by the company that found the mold issue for thousands of dollars. Many times the sellers
and buyers agent don't even know the cause, nor do the inspectors. Something’s not right here, this needs to be more
definitive and follow a consistent REALISTIC criterio n for remediation/evaluation. “
Reed and Associates
The goal is to get a proper mold assessment so that
remediation only occurs when necessary and that when remediation is performed, that it be performed to the nationally accepted
standard. This document is called the IICRC S520 Standard and Reference Guide fro Professional Mold Remediation.
We feel that a buyer’s request for mold remediation
should only be performed based on a written mold assessment report from a qualified Indoor Environmental Professional (IEP)
that has determined that mold growth or conditions conducive to mold growth (i.e. wet building materials) exists within the
subject property or if the indoor air quality conditions are not consistent with normal fungal ecology that must include supporting
documentation that identifies the source or at least the potential origin resulting in the airborne amplification.
We have seen all too often, situations where a seller
is presented with only air sample analysis from the buyer’s inspector and the buyer either walks away from the deal
or has the seller perform a remediation without knowing the source and extent of mold amplification which can lead to an unnecessary
remediation and a false mold stigmatization of the property. Further, if a remediation is performed that does not address
the source of the problem, a reoccurrence of mold growth is likely and potential legal ramifications may occur as well.
To avoid these situations, mold assessments must
always include the source and extent of mold amplifications with documentation and remedial recommendations from a qualified
IEP who carries Errors & Omissions Insurance so that there is accountability behind the evaluation.
The following definitions were excerpted from the
IICRC S520 and were provided with the intent of perspective.
Assessment: a process performed by an Indoor Environmental Professional
(IEP) that includes the evaluation of data obtained from an inspection to formulate an initial hypothesis about the origin,
identity, location and extent of amplification of mold contamination. If necessary, a sampling plan is developed, and samples
are collected and sent to a qualified laboratory for analysis. The subsequent data is interpreted by the IEP. The IEP or other
qualified individual may then develop a remediation plan.
Indoor Environmental Professional (IEP): an individual
that is qualified by knowledge, skill, education, training and/or experience to perform an assessment of the fungal ecology
of property, systems and contents at a job site, create a sampling strategy, sample the indoor environment, interpret laboratory
data and determine Condition 1, 2 and 3 status for the purpose of establishing a scope of work for remediation and verifying
the return of the fungal ecology to a Condition 1 status.
Mold Contamination: the presence of indoor mold growth
and/or mold spores, whose identity, location and quantity are not reflective of a normal fungal ecology for similar indoor
environments, and which may produce adverse health effects, cause damage to materials and/or adversely affect the operation
or function of building systems.
Post-remediation verification: an inspection and
assessment performed by an IEP after a remediation project, which may include visual, olfactory and/or sampling methodologies
to verify that the building, system or contents have been returned to a Condition 1 status.
Condition 1 (normal fungal ecology): an indoor
environment that may have settled spores, fungal fragments or traces of actual growth whose identity, location and quantity
are reflective of a normal fungal ecology for a similar indoor environment. […normal fungal ecology (i.e. types and
concentrations of molds typically found in non-water damaged, environmentally well-maintained structures, and reflective of
the ecological and climatic elements of the geographical region in which the building is located)]
Condition 2 (settled spores): an indoor environment
which is primarily contaminated with settled spores that were dispersed directly or indirectly from a Condition 3 area, and
which may have traces of actual growth.
Condition 3 (actual growth): an indoor environment contaminated
with the presence of actual mold growth and associated spores. Actual growth includes growth that is active or dormant, visible
or hidden.
Principles
of Mold Remediation,
There are five general principles used in the remediation of mold-contaminated
structures and materials. Applying these principles may require a multi-disciplinary approach involving professionals from
several fields of expertise.
Safety and
Health
When it has been determined that an indoor environment is contaminated with mold, remediation
workers must be protected from exposure hazards. Engineering controls are the primary means for preventing exposure. Appropriate
respiratory protection and/or other personal protective equipment (PPE) must be used to protect workers when engineering controls
are insufficient as indicated in 29 CFR 1910.134(a)(1). It is highly recommended that a reasonable effort be made to inform
occupants of and protect them from similar exposure as a result of investigation and remediation activities.
Project Documentation
It is highly recommended that environmental conditions and work processes associated with mold remediation be documented.
Assessment
When a preliminary determination indicates that mold contamination (as defined
in S520) exists or is likely to exist, it is highly recommended that an assessment (as defined in S520) be performed prior
to starting remediation. It is highly recommended that an independent IEP with no business affiliation to the remediator be
used for this purpose. In circumstances where an entire building or system is fully involved as a result of Condition 3 mold
contamination or when the scope of work can be determined without sampling or independent IEP inspection and assessment, engagement
of an IEP for assessment may not be necessary. Furthermore, some loss mitigation services may be initiated before or during
assessment of conditions and/or performance of remediation processes. Not withstanding the foregoing, if health issues are
discovered or apparent that seem to be related to the actual or suspected mold contamination, it is highly recommended that
an IEP or other appropriate professional be engaged by the property owner.
Pre-Remediation Documentation
It is highly recommended that the extent and Condition
(1, 2 or 3) to which areas of the structure, systems and contents are potentially mold-contaminated be determined and documented.
Documentation During Remediation
It is highly recommended that the conditions and
work processes be documented on an on-going basis during remediation work.
Post-Remediation
Documentation
It is highly recommended that the return of the remediated portion of the structure
and salvable contents to Condition 1 status be documented before the structure is rebuilt or the contents reused.
Contaminant
Control
It is highly recommended that the spread of mold contamination be controlled as
close as possible to its source. Methods of controlling the spread of contamination are further defined herein. Initial moisture
mitigation services may be performed to control amplification, while ensuring that mold contamination does not spread from
more-contaminated to less-or non-contaminated areas.
Contaminant Removal
Physically removing mold contamination is the primary means of remediation.
It is highly recommended that mold contamination be physically removed from the structure, systems and contents to return
them to Condition 1 status. Attempts to kill or encapsulate mold generally are not adequate to solve the contamination problem.
Contamination Prevention
To prevent recontamination or future contamination,
the moisture problem that contributed to the mold growth must be identified and corrected or controlled. It is highly recommended
that affected salvable materials be dried to acceptable moisture content following the current IICRC Standard and Reference
Guide for Professional Water Damage Restoration.
If anyone has questions or concerns, please contact us:
Radon & Mold Professionals
John Cosgrove CIE, CRMI
Doug Wall CIE, CRMI
239-498-4619
wallradon@comcast.net
