Air rules could force changes here in Florida

November 8, 2010

By Kate Spinner

New federal air quality rules, expected in the coming weeks, will likely trigger a wave of emission controls on industries in Southwest Florida, and the possibility of motor vehicle inspections.

Air quality in the metropolitan region from Sarasota County to Hillsborough County ranks among the worst in the state for the pollutant ozone, created when industrial emissions, car exhaust and other vapors, such as those from gasoline, react with the sun.

Though ozone pollution here is much less severe than many other parts of the nation, it occasionally becomes bad enough to cause health problems for children, the elderly and people with respiratory illness.

Southwest Florida’s air quality barely meets current U.S. Environmental Protection Agency standards, and with those thresholds set to rise, the region will be forced to put better curbs on air pollution.

In Southwest Florida, new industries will likely have to install improved emissions controls and older plants may have to upgrade equipment. Vehicle inspections also remain a possibility, but only if other measures do not go far enough, said Tom Rogers, an environmental administrator with the Florida Division of Air Resource Management.

The EPA had planned to impose the new standards at the end of October, but postponed the date recently without explanation. The agency has been under immense industry pressure to maintain the status quo and getting lawsuit threats from advocacy groups pushing tougher rules.

The new rules will mark the first enforced adjustment to air quality standards since 1997.

“EPA is working hard to finalize an ozone standard that is based on what the science tells us about this threat to Americans’ health. We will announce the final rule as soon as it is ready — this is an important and complex rulemaking and EPA is working to ensure we get it right,” said agency press secretary Brendan Gilfillan in a prepared statement.

Poor air quality

High in the atmosphere, ozone occurs naturally and protects the planet from the sun’s rays. At ground level it becomes a pollutant, created when fuel emissions react with the sun and hot weather.

Extremely sensitive people suffer when air contains more than 60 molecules of ozone for every billion molecules of good air ingredients, such as oxygen and nitrogen. Scientists express that measurement in parts per billion, or ppb.

Within the past 12 months in Sarasota, air quality exceeded 60 ppb for eight hours or longer 35 times, said John Hickey, manager of Sarasota County’s air quality program.

When ozone goes above 75 ppb, most communities issue air quality alerts to warn the young, elderly, those who exercise outdoors and people with asthma or other lung diseases.

Under the EPA’s expiring rules, however, communities do not have to reduce air pollution unless ozone levels routinely spike above 80 ppb. The EPA uses a complicated calculation, based on a three-year average, to judge a community’s air quality.

The new eight-hour standard will fall somewhere between 60 ppb and 70 ppb. Air monitoring stations in Sarasota scored between 70 ppb and 74 ppb for the three-year period ending in 2009. The highest readings during that time climbed into the 80 ppb to 85 ppb range. The highest reading so far this year was 80 ppb at Lido Park on Oct. 22.

Health threat

To most people, ozone in Southwest Florida rarely gets bad enough to notice — in comparison, the worst parts of Los Angeles rise into the 100s — but it can pose serious health problems for some people.

Clean air advocates say the standard should protect everyone, including the vulnerable few.

“We don’t want health standards set to protect a middle-aged, healthy man. We want to make sure his mother and his child and his brother with asthma are all protected,” said Paul Billings, vice president of national policy and advocacy for the American Lung Association.

Norman Edelman, a New York physician and chief medical officer of the American Lung Association, said 20 million to 30 million people in the U.S. have lung disease, making it more difficult for them to breathe as ozone levels increase. Children also develop poor lung function when they are chronically exposed to high ozone levels, Edelman said.

The Clean Air Act requires the federal government to set air quality standards that are healthy for all people and to review those standards every five years.

During such review in 2007, the EPA’s scientists concluded that the national standards were not protective enough and should be set somewhere between 60 ppb and 70 ppb. The EPA in 2008 was going to set the standard at 75 ppb, but the American Lung Association and National Resources Defense Council threatened to sue. A year later, the EPA said it would reconsider the 60 ppb to 70 ppb standard.

The EPA estimates that improving air quality to 60 ppb by 2020 would save 4,000 to 12,000 people from premature death related to respiratory illness and heart failure. Further, the agency estimates that people will collectively miss 2.5 million fewer days of work or school under the tougher standard.

That boost in air quality comes with a high price tag: up to $90 billion, according to EPA estimates. However, the EPA estimates the cost on the health system overall will drop by as much as $100 billion.

Industry groups say stricter standards will cost much more, crippling the economy. A report by the Manufacturers Alliance, funded by the National Association of Manufacturers and the American Petroleum Institute, estimates the economic cost at more than $1 trillion starting in 2020.

Depending on how strict the EPA gets, the rules could trigger a Florida vehicle inspection program, said Reggie Sanford, enforcement analysis manager with the Air Management Division in Hillsborough County.

“If you’re at a certain level of non-attainment, then according to federal law you’re required to have an inspection and maintenance program,” he said.

Inspection programs are extremely controversial because they can leave people, especially the poor, without a legal car to drive and usually meet with staunch public opposition.

View the full original story by Kate Spinner at the following site http://www.heraldtribune.com/article/20101108/ARTICLE/11081045/2055/NEWS?Title=Air-rules-could-force-changes-here&tc=ar

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


Renter, landlord reach agreement over mold

November 7, 2010

Melanie Payne,column Tell Mel

1:10 A.M. — Walk into Christopher Dye’s Fort Myers apartment and the smell of mold bowls you over.

“That’s what I’m talking about,” Dye said, noticing my discomfort.

Dye had called me a week earlier to say the property manager at Waterford Apartments wouldn’t get rid of that mold in his apartment.

Dye and his fiancee, Lacretia Lias, have lived in the ground-floor apartment on Central Avenue with their daughters Kenzie, 9, and Revelia, 3, since July. They noticed mold on the ceiling two weeks into their lease, but though management sprayed it, the problem remained, Dye said.

The situation became serious, Dye said, when Kenzie, who has asthma, started to wake up during the night, wheezing.

Dye wanted to break the lease. But not only did he not have money to move, he was afraid the landlord would sue, he said.

I couldn’t believe management didn’t want to fix this. But when the property manager didn’t answer my calls, I told Dye to contact code enforcement. And I called Albert Batista of Legal Aid Service of Collier County to see what options this family had.

“Breaking the lease is a last resort,” said Batista, a housing law attorney.

Some leases give the landlord the opportunity to move the tenant to another unit or hotel until the problem is resolved, he said.

Still, “if they gave the landlord a seven-day notice of these problems and they were not fixed, it could be seen as the landlord breaking the lease,” Batista said.
Dye quickly put his complaint in writing, mailing one copy to the owner, Cortland Realty Partners of Clearwater, and giving another to the manager.
And he called code enforcement.

I don’t know which of those actions worked, but Dye and his landlord reached a compromise.

Debbie Hebden, who owns Cortland, said Dye and Lias could either move into a one-bedroom temporarily until the apartment was fixed, or move into another two-bedroom unit in the complex.

Hebden claims Dye’s apartment is the only one with mold because the family brought it with them when they moved in, and they don’t use their air conditioner.

Michael Titmuss, the chief code enforcement manager for the city of Fort Myers, said sometimes residents are responsible for mold growth, but not in this case. The inspector said it’s due to water from the second floor.

Not running the AC could help the mold grow, said Kent Macci, regional representative for environmental health with the Florida Department of Health.
Macci hasn’t seen Dye’s apartment, but he said when mold grows in a straight line – as it does in Dye’s place – it’s following water.

“And where you have moisture coming into the home, it’s a losing battle until you get that moisture taken care of,” Macci said.

Macci also advises keeping the windows and doors closed so mold spores can’t enter, always running a well-maintained air conditioner and getting a hygrometer, a gauge that measures humidity in the house. Humidity should be 59 percent or lower, he said.

If mold covers more than a 9-square-foot area, Macci said, you need to get a professional mold remediation company to correct the problem. I’m hoping the apartment owners will do that because the mold in this apartment is covering a very large area and is in multiple places.

Unfortunately, this maintenance issue had escalated into the type of landlord-tenant fight that often ends up in court. I’m glad it didn’t, and that the tenants and landlord will work things out.

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


Central Florida Schools and Mold, Do these decisions make matters worse?

November 7, 2010

Florida schools are continually fighting mold. But some of their own decisions might be making the problem worse:

•Turning off the air conditioning in some classrooms at nights, on weekends and during vacations to save money. The result: High humidity, which promotes mold growth.

•Not drying carpets adequately. Carpet is often left wet in humid classrooms. This creates a humidity problem but also can result in stinky odors and mold growing on floors.

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


Toxic schools: Mold, air quality spark thousands of complaints in Central Florida

November 7, 2010

Mold clung to the ceiling and left dark trails across the walls and floor. The teacher had already complained about the stench months before.

Stuff was even growing on desks.

Classroom 103 at Walker Middle School in Orlando had become a breeding ground for mold. When an inspector investigated last year, he found the humidity at about 86 percent.

And this was no isolated incident.

Moldy classrooms and other indoor-air-quality issues have sparked thousands of complaints from teachers and students during the past three years, an Orlando Sentinel investigation has found. Mold has infested walls and ceilings, ruined books and furniture and, in some cases, led to the wholesale evacuation of children from classrooms.

The Sentinel reviewed thousands of maintenance work orders, school district reports and e-mails as well as independent environmental studies in Lake, Orange, Osceola, Seminole and Volusia counties from August 2007 to August 2010. The key findings:

•A never-ending battle against mold — some of it the most potentially dangerous, toxin-producing varieties — infesting classrooms, cafeterias, locker rooms, media centers and even nurses’ quarters.

•Repeated complaints that cited students and teachers suffering from stinging eyes, breathing distress and other symptoms thought to be related to poor indoor air quality.

•Persistently leaky buildings and faulty air-conditioning systems, which let in the moisture that mold needs to thrive.

•Some schools making matters worse by shutting off the air-conditioning to save money during weekends and summers in one of the hottest, most humid states in the country.

•Different approaches to the problem from school district to school district with inconsistent record keeping. In some cases, maintenance workers were allowed to paint over water-damaged areas instead of removing them as recommended by the U.S. Environmental Protection Agency.

•Parents who are often kept in the dark about the problem.

For nine months a year, 2.6 million students and hundreds of thousands of teachers and other employees spend at least six hours a day in Florida’s public schools. Yet there are no state laws governing how schools should monitor, detect and handle mold buildup and other indoor air-quality issues.

School districts are not required to tell anyone about the problem — not even the local health department — despite a growing body of knowledge that mold can be especially harmful to children. Some people show no outward reaction to mold. In others, however, it can cause sneezing, runny noses, breathing problems and respiratory infections, health experts say.

Mold was one reason why Jessy Hamilton quit his job as a social-studies teacher at Walker Middle School in August. He said he fought mold and respiratory infections for most of the six years he worked there.

The gray-black fungi first appeared in his portable classroom after the hurricanes of 2004. At one point, the entire ceiling was covered in mold, yet he had to hold classes there for eight weeks before his class could move into the media center temporarily, he said.

When Hamilton returned to the portable, the mold seemed to be gone. But it reappeared. Again and again.

“They would look at it and say, ‘Ah, it is not as bad as it was,'” said Hamilton, who was eventually moved to another classroom, which he said also had mold. “They painted over it, which dumbfounds me to this day.”

The principal could not be reached for comment after repeated attempts. But a spokesperson for the school district said his records do not reflect any health concerns related to mold.

The state knows how widespread schools’ indoor air-quality problems are, records and interviews with school district officials show.

The Florida Department of Education has acknowledged that about half of schools are burdened with environmental issues. But it would be expensive to fix them — an estimated $70 million just to start, according to a legislative report written in 2004, the last time the state took a serious look at the issue.

Not only would repairs be pricey, Florida could be setting itself up for lawsuits if it identifies those problems, wrote the Senate analyst who compiled the report.

Central Florida school officials insist schools are safe. They said they urge their employees to report air-quality concerns immediately and that they respond as quickly and aggressively as they can.

Part of the problem, they said, is money. They need more of it — and more personnel — to make repairs, upgrade air-conditioning systems and search out water damage.

The state Legislature has slashed funding for such maintenance projects in the past several years.

A national study by the University of Central Florida found that extra funding alone, however, might not solve the problem.

School districts do not want it publicized that they have mold problems.

“There is often a greater desire to hide problems than have them resolved,” wrote the UCF researchers who, in 2006, found that schools in Florida, Texas, New York and three other states had chronic problems with mold, humidity and odors.

In Orange County, school officials investigated about 1,200 complaints about indoor-air quality during the past three years.

Officials received about 50 complaints from Little River Elementary alone. They have been called to check out buildings dozens of times each at Brookshire and Pine Hills elementary schools and Cypress Creek, Dr. Phillips and University high schools.

Other schools with high numbers of complaints are South Lake High in Lake County, Indian Trails Middle in Seminole County, Gateway High in Osceola County and Deltona High in Volusia County.

Some of the damage has been significant, the Sentinel found.

For example, at Cypress Creek High in Orlando during the 2008-09 school year, inspectors found a 50-square-foot patch of ceiling that had water damage and mold in the boy’s locker room. Older ceiling tiles infected with mold were being stored nearby.

In a neighboring mechanical room, there was standing water.

Brookshire Elementary in Winter Park reported late last year that a 32-square-foot section of ceiling in one of its portables had water damage and mold. Several days before, officials had visited to check out mold growing in patches in the media center and bleeding through the paint in a mechanical room. Two walls in a computer lab had blistering paint and mold.

Mold continually grows on the walls of a main interior hallway there — a problem the principal has complained about repeatedly.

The moisture and mold problems at Walker Middle, apparently caused by a leak that had gone unchecked, should have been reported sooner, said Zach Smith, an environmental coordinator for Orange schools. “Conditions inside classroom 103 likely did not develop over a short period of time,” Smith wrote in his report.

When independent experts have tested the air inside local schools, they have found high levels of mold in about 40 percent of the cases. In some instances, they have discovered toxin-producing molds such as aspergillus and penicillium (which prompted city officials to shut down an Orlando fire station several months ago), and stachybotrys (a “black mold” that has forced the closure of numerous schools nationwide).

An environmental report from 2008, for example, shows that “aspergillus-penicillium” was found at Mill Creek Elementary in Osceola County. That August, the district spent more than $21,000 for an emergency cleanup of 35 classrooms there.

District officials throughout Central Florida said the number of complaints found by the Sentinel make the problem seem worse than it is. Teachers and other employees, they said, are not qualified to determine what is and is not mold with any accuracy.

In fact, a number of reports of “mold” turn out to be simply dark smudges of dust or dirt, officials said.

A “moldy” smell might actually be the unpleasant mixture of too many air fresheners in a room or odors from hamsters and other class pets, said Michael Corr, maintenance director for Lake County schools.

Corr also explained that sneezing, runny noses and headaches — typical allergic reactions to mold — can also be caused by factors such as strong cologne or pollen brought in from the playground.

“There are a lot of things in our everyday lives that can cause us to believe we have an indoor air-quality issue,” he said.

Many of the complaints, however, prompted officials to take action — throwing out books, replacing ceiling tiles or cleaning air-conditioning systems and desks, tables and carpet. Some portable classrooms were recommended for permanent closure.

In some cases, however, districts did not perform cleanups as recommended by the U.S. Environmental Protection Agency and other experts. For instance, mold has been allowed to remain in place instead of being removed immediately. And workers do not always wear protective gear.

School employees said the situation might be worse than it appears on paper because some air-quality issues are never reported. A lot of teachers, in this poor economy, worry about losing their jobs or being retaliated against.

And employees are frustrated that some problems that are reported never seem to get resolved.

An Osceola County employee pleaded for help at Denn John Middle in Kissimmee in late 2008: “200 — whole building is molding. The classes, the halls. Please come and see for yourself. This is not a new problem. Only new students and parents to complain.”

In a few parts of Florida, parents have spoken out about schools that seemed to make their youngsters sick.

Many times those districts did not make a concerted effort to fix problems until lawyers and the media got involved, said some of the parents who sued the Broward County school district over mold in 2003.

The State Attorney’s Office in Broward investigated and brought its findings to a grand jury, which released a report criticizing school officials not only for dragging their feet on getting rid of mold but also for having schools so poorly constructed and maintained that they constantly leaked.

Broward spent millions of dollars on repairs, but a number of statewide changes the grand jury recommended never happened.

Richard J. Shaughnessy, director of The University of Tulsa Indoor Air Program and one of America’s foremost air-quality experts, said the situation might not change unless the public pushes the issue.

“It has to start,” Shaughnessy said, “with parents becoming involved and demanding that schools address these types of problems across the country.”

Denise-Marie Balona can be reached at dbalona@orlandosentinel.com or 407-420-5470 or 386-228-5008.

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


Florida public adjuster calls for property owner diligence, research after gubernatorial election

November 7, 2010

Read more: http://www.benzinga.com/press-releases/10/11/c586468/florida-public-adjuster-calls-for-property-owner-diligence-research-aft#ixzz14cKDiwku
(via COMTEX News Network)–

Some have called this weeks Florida gubernatorial election may have been a referendum on the economy, but it could also potentially signal a potential paradigm shift for one of the most important issues in the state: insurance regulation and rates. Rick Scott will move into the governors mansion in two short months, and when the state legislature convenes early next year, policyholders can expect to see a big impact in both their property insurance policies and their checkbooks, according to the Florida-based public adjusters at Tutwiler and Associates.

The licensed and certified public adjusters at Tutwiler and Associates, with offices throughout Florida and licenses in nine other states as well as the U.S. Virgin Islands, say one indicator of what some might call the broken insurance system in Florida is the fact several major insurance companies say they are losing money. On the other hand, one insurance provider, Homeowners Choice, just declared a dividend and is trying to acquire other insurance companies. What does this weeks gubernatorial election mean for them?

The insurance industry has been whining and complaining and calling for change because they claim theyve been losing money, says Dick Tutwiler, founder and CEO of the Florida public adjuster firm, Tutwiler and Associates. Well, they got what they wanted. Governor-elect Scott is on record as saying hes in favor of the deregulation of the Florida insurance market, and that means big changes for policyholders.

Tutwiler has 37 years of insurance experience in the state of Florida and he says hes believed from the beginning the 2010 election was going to be a game changer with regard to the possible effects on Florida policyholders. He points to Governor-elect Scotts corporate background and pro-business philosophy as a major indicator that not only will Scott deregulate the insurance industry, but doing so will benefit insurance companies because it will enable them to drive their prices up. As it stands now, Tutwiler explains, an insurance company has to go to Tallahassee and argue why they want to raise their prices.

Deregulation, however, changes everything.

Right now, there are a lot of consumer protection regulations, but that could all change once the insurance industry is deregulated, says Tutwiler. Is deregulation going to be good for consumers? Well see, but now is the time for the general public to pay attention, be diligent regarding any insurance news coming out of Tallahassee and let their representatives know where they stand on the issues.

For more information, please visit http://www.PublicAdjuster.com.

About Tutwiler and Associates: Tutwiler and Associates is a firm of public adjusters licensed in 10 states and the U.S. Virgin Islands specializing in commercial and residential property loss adjusting. With well in excess of $113 million in client success stories over a 27-year history, the Florida public adjusters work exclusively on behalf of policyholders to help them achieve the maximum settlement amounts they can fairly and honestly recover based on their loss and their policy provisions. Professional help from the adjusters at Tutwiler and Associates can help clients obtain a fair recovery under their policy. The Gulf Coast based public adjuster firm is committed to public service and strives to educate its clients about commercial and residential windstorm and hurricane losses, flood damage, fire, smoke and water damage, collapse, hidden decay and mold losses, sinkholes, loss of stock, and business interruption.

Read more: http://www.benzinga.com/press-releases/10/11/c586468/florida-public-adjuster-calls-for-property-owner-diligence-research-aft#ixzz14cK5UvjC

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


Mold Causes Florida Fire Station to Shut Down

November 7, 2010

Story by wftv.com
OVIEDO, Fla.

Mold is making Oviedo’s main fire station so dangerous it had to be shut down. Contracted crews were at Fire Station Number 1 Tuesday trying to get a rid of the costly mold problem.

The fire chief told WFTV that mold was detected about four weeks ago inside the insulation that surrounds the duct work in the ceiling. The building is 20 years old and he says the duct work had a regular cleaning just last year.

The city is spending $15,000 for mold remediation and shut the fire station down on October 17, leaving nearby residents wondering about safety.

“I’m just wondering where the nearest closest fire station is if I have a fire,” resident Fred Burrow said.

The fire crew and their equipment are about one mile away at Fire Station Number 2 in downtown. Despite the relocation of the fire crews, the fire chief says service shouldn’t be affected for anyone in Oviedo. The mayor said that downtown fire crews can sometimes respond faster to calls in station number one’s district.

Sharon Buxbaum, who owns a daycare next to the fire station, is more concerned about the health of the firefighters and not their location.

“Because of who they are and their professionalism, I know we will get the same service,” she said.

The chief hopes the station will be up and running in two weeks.

The fire chief also said that no firefighters or staff, who worked inside the station, have reported any health problems related to the mold.

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


Mold a concern in Lake schools, though district officials say it’s not a problem

November 7, 2010

Lake County (Florida) By Denise-Marie Balona, Orlando Sentinel

Lake County school employees, parents and students have complained hundreds of times about mold and other indoor-air quality problems in local schools in recent years — sometimes repeatedly, records show.

A recent Orlando Sentinel investigation shows that mold, which experts say can cause health problems ranging from itchy eyes and runny noses to respiratory distress and infections, is a chronic concern across Central Florida.

A Sentinel review of Lake school documents, including maintenance work orders and independent environmental reports from August 2007 to August 2010 shows that:

•Nine schools and several district-level offices — the most of any Central Florida county — have had elevated levels of some of the most potentially dangerous types of mold.

•Numerous schools continually ask the district to investigate mold and other indoor-air-quality issues such as odors, high temperatures and high humidity.

•Workers frequently repair a variety of leaks and air-conditioning malfunctions — two of the most common causes of air-quality problems such as mold, which thrives on moisture, including humidity.

•It’s difficult to get a full picture of Lake’s mold problems. Some records are hard to locate, partly because they are not in the district’s relatively new electronic databases. Also, work related to mold and air quality is categorized in different ways so it is time-consuming to track. For example, work might be labeled as an air-quality issue or filed as a plumbing or flooring issue.

•The district generally takes a few days to several weeks to handle mold and air-quality problems. At times, it takes months. Almost three months passed before workers recently replaced some ceiling tiles at Beverly Shores Elementary in Leesburg that had grown mold from a water leak.

Despite the findings, district leaders say Lake responds immediately to complaints and currently has no mold problems.

“We’re not aware of any unaddressed issues and we are diligently working to make sure our schools are safe and free from mold,” district spokesman Chris Patton said.

Officials have downplayed the number of complaints, saying reports of mold and moldy odors can turn out to be dirt and the stink of too many air fresheners — or something else.

At times, it is tough to determine what exactly is causing flu-like symptoms in teachers and students — Florida air is full of allergens. Many complaints, however, turn out to be legitimate. How effectively they are addressed varies.

At least occasionally, workers have to fix the same issues in the same locations, which suggests they may not have been handled adequately the first time.

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


Sewage Backup Cleaning Is Owner’s Problem

November 7, 2010

Home Didn’t Have Important Equipment

COCOA, Fla. — A Central Florida woman in her 70s is not only out of her house because of a sewage backup, but she said she now has the city of Cocoa hounding her to throw away almost everything she owns.

The home of Carolyn Rys has become a house of horrors: dried sewage on the floor, black mold growing and buckling furniture.

Ten days ago, sewage backed up into the home several inches deep.

City workers moved the now-toxic furniture and belongings into the front yard.

A notice from the city’s code enforcement department arrived Thursday ordering the “junk” removed by Oct. 28, or fines could be levied.

“I wish I could run away from home,” said Rys, 73.

A city official said the notice was premature, and Rys can have extra time.

The official said although it was city equipment that failed, the home did not have a sewage backup preventer, and it’s the homeowner’s responsibility to clean it all up.

The city said it has spent $7,000 helping with the initial clean up at two homes, including Rys’.

Rys said she has no money for repairs or cleanup, and is afraid she will lose her home altogether.

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


Cleanup of mold at Guilmette School could cost up to $2M

November 7, 2010

Cleanup of mold at Guilmette School could cost up to $2M

By Mark E. Vogler
mvogler@eagletribune.com The Eagle Tribune

LAWRENCE — Ridding the Guilmette School of mold could cost more than $2 million, according to several School Committee members.

An e-mail by interim School Superintendent Mary Lou Bergeron on Tuesday informed members a full cleanup of the school might cost “in the vicinity of $1.9 million.”

But James Vittorioso, the most senior member of the committee, said last night that he’s heard the final bill could go as high as $2.5 million.

“It’s another devastating blow to the good, hardworking citizens of Lawrence,” Vittorioso said.

“This is a mess that’s going to put us further in the hole. And those workers who are doing the cleanup are going to have a very good Thanksgiving and a happy Christmas,” Vittorioso said.

Bergeron said she remains hopeful that the school — which serves 1,150 students in grades one through eight — will reopen Monday as a cleanup crew of 150 to 175 people continues to work around the clock to make the school safe.

“In terms of the costs, we are working with the insurance adjuster at this time, so I am not ready to put out a final figure,” Bergeron said last night, when asked how much the cleanup will cost.

Bergeron met late yesterday with an industrial hygienist and representatives of the company involved in the cleanup. The School Department’s insurance adjuster also was on the premises.

“At this time, the work is moving ahead on schedule with the goal of clearing the building this weekend,” Bergeron told The Eagle-Tribune.

“We had a couple of spots where mold was found this week: behind cabinets in the lower level and on pipe insulation in the ceiling on the first floor. The cabinets have been removed and the wallboard remediated in this area. The pipe insulation is scheduled for removal tomorrow, so the final cleaning can take place on the first floor and lower level,” she said.

Who’s responsible and ultimately liable for the mold — the second such occurrence at the school in seven years — may wind up being contested in court. Built in 2002, Guilmette School also closed in October 2003, when mold was discovered in a computer lab that was flooded by a burst sprinkler.

School Committee Vice Chairman Sammy Reyes said members were informed by Bergeron this week that some of the issues related to the problem involved “maintenance versus hidden mold.”

Reyes said Bergeron also mentioned there were some concerns that structural deficiencies in the building might be responsible for some moisture buildup that is allowing mold to grow. Bergeron told members she would seek legal advice on possible actions the School Department could take against the contractor overseeing the school’s construction, according to Reyes.

“I have a lot of questions about what’s happening at Guilmette School, which is in my district,” Reyes said.

“Is it a mold problem or is it a maintenance problem? I would like a clarification on that. I’d also like to know whether this is a much bigger problem than we anticipated. With 150 to 175 people working at the site, that’s a lot of people,” he said.

“This causes me to have other concerns. I didn’t know this was the second time the school has had a mold problem. I will be asking questions about that. I will also be asking the superintendent to give us an update of our older buildings to see their condition,” he said.

Vittorioso last week called on Mayor William Lantigua, who chairs the School Committee, to investigate conditions in each of several city schools built about the same time as Guilmette, to see whether there might mold problems that were overlooked.

Lantigua could not be reached for comment last night.

Meanwhile, Bergeron has worked out a contingency plan for relocating students should Guilmette School not open Monday.

“I don’t think they’ll be going back on Monday because I think it’s a bigger problem than they stated,” Vittorioso said last night.

“And if the cleanup goes into next week, it’s going to wind up costing up to $2.5 million — because somebody didn’t do their job,” Vittorioso said.

“I think this is a building issue. And the question of who’s going to pay for it, I think will end up in the courts. But it’s still going to cost us thousands of dollars. This is a catastrophe that should never have happened. I just hope we don’t have the same problem at the new high school,” he said.

•John P. Lapotaire, CIEC
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Toxic schools: Grand jury laid out mold problem; lawmakers didn’t act

November 7, 2010

In 2003, a grand jury blasted the Broward County school system for taking too long to get rid of mold in classrooms and failing to repair leaky roofs and faulty air conditioners.

The panel outlined its concerns in a 44-page report, strongly recommending changes the state of Florida needed to make to force school districts to improve indoor-air quality while underscoring that children were especially vulnerable to the potentially harmful effects of mold.

Although Broward schools have since spent millions of dollars trying to fix its problems, the more sweeping statewide grand jury recommendations have been largely ignored.

A handful of South Florida lawmakers introduced bills in 2004 that would have required schools to aggressively monitor and address mold problems and even file progress reports with the state.

But the legislation never went anywhere. A Senate analyst pointed out that repairs would be expensive and Florida would be setting itself up for lawsuits if it identified its air-quality problems.

So, today, there still are no statewide rules in Florida governing how public schools should monitor, detect and handle air-quality problems in one of the hottest, most humid states in the country.

And years after the grand jury report, Florida schools continue to battle chronic mold and water-intrusion problems, according to an Orlando Sentinel investigation.

Wolfgang Halbig, a former risk manager for Lake County schools who is now a school-safety consultant, argues that if the Florida Legislature does not make districts fix mold problems, they will get worse.

The situation, he warned, is already being exacerbated by districts’ attempts to save money by raising the temperature in schools and shutting off the air conditioning in at least some portable classrooms at night, on weekends and during kids’ winter and summer vacations.

In recent years, Central Florida teachers, parents and others have filed thousands of complaints about indoor-air quality in schools — blaming their runny noses, headaches and respiratory distress on mold discovered in classrooms, cafeterias, media centers, locker rooms and even nurses’ quarters.

“The state needs to really get a handle on how serious the toxic mold problem is in Florida,” said Halbig, a former executive director of the National Institute for School and Workplace Safety who said he was let go from his job in Lake last year, in part because he confronted higher-level administrators about the district’s mold problems.

District officials said Halbig was let go simply because his annual contract expired. He never discussed mold issues with schools Superintendent Susan Moxley, said the district’s executive director of human resources, Laurie Marshall.

Although the presence of some mold in the air is normal, experts say it should not be allowed to multiply indoors. And mold found growing in a building should be removed immediately.

Joe Joyner, a recent past president of the Florida Association of District School Superintendents, agreed that the Legislature holds the key to the problem. But there is no need for a new law, he said.

Lawmakers, facing major budgetary shortfalls, have slashed funding for school maintenance and renovations during the past several years to help districts afford basic operating costs such as electricity, paper and teacher salaries.

“I don’t see any problems with the standards at all,” said Joyner, referring to guidelines set by various environmental-health groups such as the U.S. Environmental Protection Agency. “I see a problem with the funding to make sure we can maintain our buildings.”

Researchers at the University of Central Florida, who discovered in a 2006 study that schools in Florida and some other states are chronically moldy and humid, have said that without substantial funding increases for maintenance, the situation will not improve much.

Tallahassee attorney Mark Levine, who has represented school employees in mold-related lawsuits, said the root of the problem is fourfold: poorly trained maintenance workers, long-neglected buildings, air-conditioning systems that were not designed for Florida’s weather and administrators who are slow to acknowledge problems.

Levine said doctors have testified in court that school officials have refused to order environmental tests to help decide whether employees with respiratory distress could go back to work.

“If they [school officials] do have these environmental tests, it’s going to prove positive and then a cleanup must ensue,” Levine said. “They don’t have money for a cleanup, so they’d just as soon not know.”

Halbig said Lake district officials are so anxious about the public finding out about their mold battles, they advise employees to avoid using the word “mold” in public documents, including the e-mails they send to each other.

The lack of state regulation has left districts to devise their own methods for dealing with indoor-air quality.

In some cases, the Sentinel found during its investigation, districts allowed mold problems to linger for weeks or months. They also allowed janitors to remove mold without protective gear and workers to paint over mold and water-damaged areas instead of removing them — all of which can put students or employees at risk, according to the U.S. Environmental Protection Agency.

Denise Robinette, a Palm Beach County mom who started the nonprofit HealthyLiving Foundation in 2002 to educate people about indoor-air quality in schools and other buildings, said the state should require independent inspections and oversight.

“We allow the fox to watch the henhouse, with each school remediating where they ‘see’ fit — and most of them cover their eyes,” she said. “Why can’t the Health Departments look at schools? Why can’t there be third party inspections?”

Industry leaders and scholars agree that schools nationwide could drastically reduce the mold in buildings if they would do a better job repairing roofs and air conditioners, sealing up windows and doors, and fixing all water damage immediately.

“Mold has been, and continues to be, a maintenance issue,” said Cliston Brown, a spokesman for one of the country’s largest trade groups representing the property casualty industry, the Property Casualty Insurers Association of America.

“Cleanup is fairly straightforward if water issues are addressed promptly,” he said.

Air-quality experts say one thing that will force educators, who are under immense pressure to boost test scores, to focus on the problem is proof that air quality affects student performance.

That is why the Indoor Air Quality Association, a nonprofit education and research group in Maryland, recently teamed up with The University of Tulsa to study whether there is a link between air quality and test scores and student absenteeism. At least some of their findings will be released in several weeks.

Along with faster repairs, parents want schools to do a better job keeping them informed — especially when large amounts of mold or the more dangerous, toxin-producing types are discovered on campus.

“Even the small amount could be causing harm to the students and staff,” said Richard Bolam, president of the PTA at Kaley Elementary in Orlando. “Toxins equal poisons and who knows the long-term effects.”

The National Clearinghouse for Educational Facilities and various environmental-health agencies suggest that schools release and discuss what is found during inspections —especially when a private contractor was hired to do it — as quickly as possible.

But that often does not happen, parents and teachers said.

Lake County mom Sheila Baker wishes her son’s elementary school had been up front about its mold problems years ago. He kept getting sick at school and, today, as an adult, he still has breathing problems.

His former school, Roseborough Elementary in Mount Dora, was closed in 2000after being plagued by mold and other problems.

“It was later determined that mold was in the classroom, but it was not disclosed how bad the problem was,” Baker said. “My son still has to use an air purifier in his room and he is now [an adult].”

A South Florida legislator who co-sponsored one of the bills filed in 2004 to require schools to make improvements said state leaders could not pinpoint back then the magnitude of schools’ air-quality problems.

If they are, indeed, widespread and chronic, they should be fixed — no matter what it costs, said state Rep. Mary Brandenburg, D- West Palm Beach.

“But what scares me is where we, as taxpayers, would get the money to do those repairs,” she said. “I shudder to think about shutting down hundreds or dozens of schools and rebuilding them. Think of what that would cost.”

Bill Smith, facilities director for Okaloosa County schools in the Florida Panhandle, says revamping his district’s air-quality program about 10 years ago took a lot of work initially.

But, afterward, building maintenance became easier, he said. Complaints dropped drastically.

After Okaloosa adopted the U.S. Environmental Protection Agency’s “Tools for Schools” program, it replaced roofs, tightened doors and windows. It even changed the size of ceiling tiles and started using tile in portable classrooms instead of carpet to reduce allergens such as mold.

Complaints about faulty air-conditioning systems and teachers and students with flu-like symptoms dropped from 75 in 1994 to fewer than 15 in 1999 — an improvement that led the district to become one of the first in the country to earn an award for air-quality excellence from the U.S. EPA.

The agency’s “Tools for Schools” program, which is offered for free to schools nationwide, is the same one the grand jury in Broward recommended seven years ago.

Today, Smith said Okaloosa only gets a handful of complaints a year.

“EPA will bend over backwards to help you,” he said.

Denise-Marie Balona can be reached at dbalona@orlandosentinel.com or 407-420-5470 or 386-228-5008.

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