In today’s volatile and uncertain real estate market, many Florida families who would otherwise purchase a home are now turning to renting homes, condos, and apartments. For many, renting provides them the opportunity to rebound from their own dad real estate experience and for others it’s an opportunity to move into a property when the market is uncertain and financing may not be readily available.

It’s important for potential tenants to do their homework with regards to potential indoor environmental concerns at a property they are considering renting. This may include talking with the landlord, researching the building’s prior use and hiring an IEP Indoor Environmental Professional to perform an Indoor Environmental Assessment.

If you are in the market for a new rental home ask questions.  Landlords are bound to deal truthfully when discussing the property and any past issues.  Ask the Landlord about issues dealing with past leaks, flooding events, mold, sewage contamination, asbestos, lead, radon and vapor intrusion issues.

These questions and answers are all part of the IEP’s interview and will be a part of the written report you will receive if you decide to hire an IEP.  If you decide that you are ready to hire an IEP there are questions that you should ask to ensure you are receiving the best possible assessment of your family’s new home.

A professionally prepared Indoor Environmental or Indoor Air Quality Report should clearly answer the following questions:

1. Is there an Indoor Environmental or Indoor Air Quality Concern in your home?
2. What is the cause?
3. Where is the source?
4. What containment and cleaning is needed?
5. What home repairs are needed to prevent future problems?

If you suspect that there is an indoor air problem in the home or office involving any unknown Allergens, Asthma Triggers, or Mold, in addition to the visual assessment of your home you may also need to know the following:

1. Is Indoor Environmental Sampling Necessary?
2. If Sampling is necessary why?
3. Where? And
4. Which Type of Sampling is recommended?

The Visual Inspection should provide a Sampling Plan specific to the findings in your home or office so you can then determine;

1. If there is a mold, allergen, asthma trigger, or similar environmental problem in the home or office?
2. If there is a problem, where is it and how big is it?
3. What does the lab work indicate about the level of risk to occupants or workers?
4. Are we looking at a “cosmetic-only” concern?
5. What is the extent of remediation or cleaning necessary, and
6. based on the lab results, what is the level of containment and care needed?
7. What needs to be changed or repaired on the home or office so that problems don’t recur? And
8. after the cleanup has been completed, was it proper and complete?

A professionally prepared Indoor Environmental Assessment should also an education on the 7 Seven Principles of Healthy Homes

Dry: Damp houses provide a nurturing environment for mites, roaches, rodents, and molds, all of which are associated with asthma.

Clean: Clean homes help reduce pest infestations and exposure to contaminants.

Pest-Free: Recent studies show a causal relationship between exposure to mice and cockroaches and asthma episodes in children; yet inappropriate treatment for pest infestations can exacerbate health problems, since pesticide residues in homes pose risks for neurological damage and cancer.

Safe: The majority of injuries among children occur in the home. Falls are the most frequent cause of residential injuries to children, followed by injuries from objects in the home, burns, and poisonings.

Contaminant-Free: Chemical exposures include lead, radon, pesticides, volatile organic compounds, and environmental tobacco smoke. Exposures to asbestos particles, radon gas, carbon monoxide, and second-hand tobacco smoke are far higher indoors than outside.

Ventilated: Studies show that increasing the fresh air supply in a home improves respiratory health.

Maintained: Poorly-maintained homes are at risk for moisture and pest problems. Deteriorated lead-based paint in older housing is the primary cause of lead poisoning, which affects some 240,000 U.S. children.

• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
• www.Microshield-ES.com

I am often asked who in the State of Florida needs a license to preform Mold Assessments and/or Mold Remediation. At the top of the list are General Contractors, Home Inspectors, Duct Cleaners, and Air Conditioning Contractors.

Let’s start with why the state decided to require a license?

The Florida Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services.

Now let’s get to the individuals that believe they don’t require a mold license.  First home inspectors and the answer is yes, a home inspector requires a mold assessor’s license to conduct a mold inspection and yes the collection of samples to identify the presence of mold requires a mold assessor’s license.

As for the duct cleaners and air conditioning contractors, the answer is also yes.  Anyone removing or identifying mold in a home or business requires a mold assessment or mold remediation license and that includes those in the air conditioning and duct cleaning business.

There are exceptions to the law and those are listed below. Which brings us to the general contractor?  Does the GC need a mold license? No. As the law currently states the prohibitions in the law do not apply to a Division 1 contractor as stated below.

468.8419 Prohibitions; penalties.—

(1) A person may not:

(d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator’s company provided a mold remediation within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold remediation and offers to perform the mold assessment, the contract for mold assessment provided to the homeowner disclose that he or she has the right to request competitive bids.

(d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner disclose that he or she has the right to request competitive bids.

You may want to ensure that your GC is actually trained in Mold Assessment or Mold Remediation before you hire him. Currently the law requires nothing in the form of mold assessment or mold remediation training for a GC.

A Florida Licensed Mold Assessor or Mold Remediator must first take and pass one of the examinations approved by the department and administered by the American Council for Accredited Certification (ACAC).

The ACAC has certifications for both the Assessor and Remediator, such as the CIEC Council-certified Indoor Environmental Consultant Required: 8 years’ experience consulting on indoor environmental issues including asbestos, lead, HVAC, building science, chemicals, mold and microbial contamination, or the CMC Council-certified Microbial Consultant Required: 8 years’ experience in designing and conducting microbial sampling regimens, or the CMRS Council-certified Microbial Remediation Supervisor Required: 5 years’ experience remediating microbial issues in the indoor environment, and the CMR Council-certified Microbial Remediator Required: 2 years, experience remediating microbial issues in the indoor environment.

I would much prefer that my Mold Assessor or Mold Remediator be Licensed by the state and have the ACAC qualifications.

Mold assessment is a process performed by a mold assessor that includes the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 10 square feet.

Mold remediation is the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location; however, such removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, may not be work that requires a license under Chapter 489, Florida Statutes, unless performed by a person who is licensed under that chapter or the work complies with that chapter.

These items are offered as examples of services you do need to hire a person with a Florida license and services you do not need to hire a person with a Florida license. The list is not all inclusive. If you have specific questions, please contact the department at 850.487.1395 or review the rules for the profession at www.myfloridalicense.com. You should also check with your county or city to learn whether or not a local business tax receipt or certificate of competency is required for services that do not require a state license. Please visit our Unlicensed Activity page to learn more about how you can help us combat Unlicensed Activity.

Here are some Florida Mold License FAQ’s Frequently Asked Questions and Answers.

What are the statutes and rules that govern the mold-related services Profession?

Chapter 468, Part XVI of the Florida Statutes and Rule 61-31 of the Florida Administrative Code.

What are the statutes and rules that govern the Home Inspection Profession?

Chapter 468 Part XV of the Florida Statutes and Rule 61-30 of the Florida Administrative Code.

Where can I obtain the laws and rules of the profession?

The laws and rules may be obtained on the website at http://www.MyFloridaLicense.com > Our Businesses & Professions > the license you are looking for > Statutes and Rules.

If you need further assistance, you may call the Customer Contact Center at 850.487.1395.

If my company does both Mold Assessments and Mold Remediations, will I be required to get two (2) licenses (one for Mold Assessor and one for Mold Remediator?

Yes, in addition, please note Section 468.8419(1)(d), F.S., provides that an assessor may not “perform or offer to perform any remediation to a structure on which the mold assessor or the assessor’s company provided a mold assessment within the last 12 months.” Section 468.8419(2)(d), F.S., provides that a remediator may not “perform or offer to perform any assessment to a structure on which the mold remediator or the remediator’s company provided a mold remediation within the last 12 months.”

Will there be additional requirements by DBPR to have an “applicators” license if the mold remediator applies chemicals to contaminated surfaces during a remediation?

No, please see the definition of remediators as it allows the remediator to treat and do preventive activities.

Is there a provision that would allow those licensed by the Construction Industry Licensing Board (CILB) to perform mold related services as long as they stay within the scope of their current licenses?

Yes, Section 468.841 F.S., exempts persons from the provisions of Chapter 468, Part XVI, when acting within their authorized scope of practice as licensed under Federal, state or local codes or statutes. Any person acting on this exemption must not hold himself or herself out for hire as a licensed assessor or remediator or any title implying licensure under Chapter 468, Part XVI.

468.8419 Prohibitions; penalties.—

(1) A person may not:

(a) Effective July 1, 2011, perform or offer to perform any mold assessment unless the mold assessor has documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Effective July 1, 2011, perform or offer to perform any mold assessment unless the person has complied with the provisions of this part.

(c) Use the name or title “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner disclose that he or she has the right to request competitive bids.

(e) Inspect for a fee any property in which the assessor or the assessor’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator’s company for the referral of any business to the mold remediator or the mold remediator’s company.

(g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company.

(h) Accept an engagement to make an omission of the assessment or conduct an assessment in which the assessment itself, or the fee payable for the assessment, is contingent upon the conclusions of the assessment.

(2) A mold remediator, a company that employs a mold remediator, or a company that is controlled by a company that also has a financial interest in a company employing a mold remediator may not:

(a) Perform or offer to perform any mold remediation unless the remediator has documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Perform or offer to perform any mold remediation unless the person has complied with the provisions of this part.

(c) Use the name or title “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator’s company provided a mold remediation within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold remediation and offers to perform the mold assessment, the contract for mold assessment provided to the homeowner disclose that he or she has the right to request competitive bids.

(e) Remediate for a fee any property in which the mold remediator or the mold remediator’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.

(g) Offer any compensation, inducement, or reward to a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.

(3) Any person who violates any provision of this section commits:

(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.

(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.

(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

468.841 Exemptions.—

(1) The following persons are not required to comply with any provisions of this part relating to mold assessment:

(a) A residential property owner who performs mold assessment on his or her own property.

(b) A person who performs mold assessment on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership, or on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold assessment for the public.

(c) An employee of a mold assessor while directly supervised by the mold assessor.

(d) Persons or business organizations acting within the scope of the respective licenses required under part XV of this chapter, chapter 471, part I of chapter 481, chapter 482, or chapter 489 ¹are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure under this part.

(e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold assessment within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold assessment.

(2) The following persons are not required to comply with any provisions of this part relating to mold remediation:

(a) A residential property owner who performs mold remediation on his or her own property.

(b) A person who performs mold remediation on property owned or leased by the person, the person’s employer, or an entity affiliated with the person’s employer through common ownership, or on property operated or managed by the person’s employer or an entity affiliated with the person’s employer through common ownership. This exemption does not apply if the person, employer, or affiliated entity engages in the business of performing mold remediation for the public.

(c) An employee of a mold remediator while directly supervised by the mold remediator.

(d) Persons or business organizations that are acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof stating or implying licensure under this part.

(e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, or public or private school and who is conducting mold remediation within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in mold remediation.

• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
• www.Microshield-ES.com

The U.S. Green Building Council (USGBC) LEED 2012 draft focuses on providing a simple-to-use, technically advanced, and more robust system.

The U.S. Green Building Council (USGBC) has announced that the third public comment period for the proposed 2012 update to its LEED green building program opens March 1, 2012. The comment period, which will close on March 20, marks the start of the LEED 2012 program delivery process.

This third draft of LEED has been refined to address technical stringency and rigor, measurement and performance tools, and an enhanced user experience. The technical changes have been informed by market data, stakeholder-generated ideas, expert engagement, and advances in technology. Additional performance-based management features will help projects measure and manage energy and water usage, site and building material selection, and indoor environmental quality.

LEED 2012 extends itself as a long-term engagement tool for organizations and projects, enabling a focus on continuous improvement. Programs aimed at helping organizations use LEED to benchmark building performance in preparation for certification and for tracking performance of their buildings post-certification provide opportunities for ongoing engagement between project teams and USGBC both before certification and after the plaque is awarded.

For LEED projects outside of the United States, LEED 2012 will offer a new global perspective. Through modified language, new requirements and options that increase flexibility, LEED 2012 makes it easier for the international community to engage. In an effort to redefine and enhance the user experience, LEED credit requirements have been rewritten to better align with documentation already required by the architecture and construction fields. Improvements to submittals, documentation paths and LEED Online improve LEED usability.

As the LEED program evolves to address the dynamic needs of the building industry, the development process is based on principles of transparency, openness, and inclusiveness, and includes multiple comment periods where input received is incorporated into LEED. The third public comment documents, including technical refinements, scorecards, and responses to comments from the previous public comment period, will be available on usgbc.org/LEED2012 beginning March 1. Members of the public can comment on any substantive changes made since the second public comment period, which ran from Aug. 1 through Sept. 14, 2011.

Once the comment period process concludes, LEED 2012 will be balloted in June and launch in November. To vote in the ballot, USGBC members must opt-in to the Consensus Body beginning April 2. The Consensus Body is made up of employees of USGBC national member organizations in good standing, and ensures ballot participation from the full diversity of members who are using LEED in the marketplace. To be eligible to join the Consensus Body and vote in the LEED 2012 ballot, members must be in good standing by March 1, and be maintained throughout the balloting period.

• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
• www.Microshield-ES.com

On February 15, 2012, the American National Standards Institute (ANSI) notified the Indoor Environmental Standards Organization (IESO) of the approval of the IESO/RIA 6001-2011 Evaluation of Heating, Ventilation and Air Conditioning (HVAC) Interior Surfaces to Determine the Presence of Fire-Related Particulate as a Result of a Fire in a Structure. This is the first ANSI-approved standard for IESO. It was produced in close cooperation with a committee convened by the Restoration Industry Association (RIA). “The completion of this standard represents the efforts and expertise of many individuals, and we would like to acknowledge the IAQA and IESO Boards of Directors who provided the funding, leadership, staffing and guidance necessary to achieve this important milestone,” said Brad Harr, chairman of the IESO Consensus Body. The standard has been in development since early 2009 and will be used in the field to help determine if fire-related residues have been deposited on HVAC interior surfaces.

Recently a very well respected PhD Wei Tang Lab Director at QLab, posted the following in the IAQA LinkedIn Group about microbial DNA testing.  It was in response to a question regarding the presentation he gave at the IAQA Annual Conference in Las Vegas.

Someone asked me about DNA testing in one of my presentations yesterday. Here are my thoughts on this subject.
 
The detection of DNA in indoor environmental samples demonstrates the history of the presence of biological organisms (e.g. a serial killer, mold, bacteria, etc.). It may not represent the current biological hazard/risk. Pathogens need to be viable to be infectious. The molecular structures of allergens (mold and others) and toxins that cause allergic and toxic reactions, respectively, need to be well preserved in order to cause health effects. Assessment based on DNA testing alone overestimates the risk of biological agents on human health in indoor environment.
 
Surrogate components testing (DNA, ATP, enzymes) does not test for the “real thing”. The detection of those components of an organism does not equal to the detection of components of the same organism that can cause health effects. Direct microscopic examination of fungal biomass (spores and hyphae) detects and demonstrates the presence of intact fungal cell structure and it has a better correlation to the presence of fungal cell components that can possibly cause health effects. Of course, there are many tests can detect each components individually, but the cost will be very high. Culture analysis can tell you whether VIABLE (culturable) fungi and bacteria are present or not. Those methods will still be the most common and cost efficient methods for IEQ assessment for many years to come.
 
DNA testing doesn’t tell you when the organism has become non-viable or if the cell structure has been destroyed or not. If the remediation company need to remove, clean, kill, and destroy every pieces of DNA left behind, the cost will be way too high. DNA-free environment is unnecessary for residential, commercial and most industrial buildings.
 
DNA testing is a power tool and has its time and place, especially for academic research. For field applications, I believe we are still in early stage of research and development.

 
• John P. Lapotaire, CIEC
• Certified Indoor Environmental Consultant
• Microshield Environmental Services, LLC
• www.Microshield-ES.com

Toxic mold lawsuits have historically been met with speculation. Much of this was the result of the science — differing opinions on causation and whether visible mold automatically implies the presence of toxins. Some even went so far as to claim mold litigation was based on “junk science and hysteria.”

However, a recent ruling from a New York appeals court suggests that prevailing opinions about mold science may have changed. At least when it comes to the courts.

Brenda Cornell had sued her ex-landlord for respiratory illnesses developed as the result of 6 long years of mold exposure. The trial court had dismissed her suit, relying on the appellate court’s 2008 ruling in Fraser v. 301-52 Townhouse Corp.

In Fraser, the court declined to accept scientific evidence connecting the plaintiff’s illness with mold. The plaintiff failed to prove that the scientific theory connecting mold and dampness to illness is generally accepted by the scientific community.

Cornell’s toxic mold lawsuit did not meet this roadblock. Fraser, the court wrote, does not preclude all such suits. The plaintiffs were able to prove that Cornell’s former apartment was above a mold-infested basement and that mold was growing under her floorboards. Medical experts testified and relied on a number of studies.

Those studies, wrote the court, were “statistically significant” and demonstrated “that exposure to mold caused the identified ill-health effects.” The court further concluded that “it is undisputed that exposure to toxic molds is capable of causing the types of ailments from which plaintiff suffers.”

This conclusion is an important one for plaintiffs bringing toxic mold lawsuits. It implies mold science may have finally reached a point where it helps, as opposed to hinders, litigation.

Related Resources:

• Toxic Mold / Black Mold (FindLaw)
• Get Legal Help with a Toxic Mold Case (FindLaw)
• Can Toxic Mold Kill You? (FindLaw’s Common Law)