How Superstorm Sandy is Changing How We Deal with Mold

It should come as no surprise that Superstorm Sandy has caused much change, especially when it comes to how Mold is handled on both the local and federal level. What may come as a surprise is that there is currently no federal or local legislation that regulates those who work to eliminate the problems caused by mold. There are no required certifications, licensing or training needed to deal with this environmental hazard. Unfortunately, too many Hurricane Sandy impacted families had untrained, unprofessional companies improperly perform mold remediation and demolition work and now have mold growing back.

With the struggles of Superstorm Sandy recovery as a backdrop, on March 21, 2013 the NJ Assembly approved a Bill that would establish mold exposure limits and standards in residential buildings and procedures for inspection, identification and evaluation of mold.

Until that bill becomes a law homeowners dealing with a mold or water intrusion event must do their own due diligence before hiring a mold remediation company. Make sure the company you hire is ACAC certified, has proper liability insurance and mold coverage, and has a proven track record of successful projects. No company can guarantee, warrantee or assure you that mold will not grow back. Instead, what a Mold contractor could say is, “We can restore your property back to a pre-loss condition.”

While it may take months or even years to pass that law, New Jersey has taken some immediate action to try to protect and inform its residents. On April 15, 2013, The NJ Department of Health released its “Mold Guidelines for New Jersey Residents” to help residence in their Superstorm Sandy recovery. Some of the important factors this guide discusses include, understanding why mold grows, health concerns, what to do to correct the problem and tips for hiring a consultant or remediation contractor.

As the guide details, Mold is a part of nature and is found all throughout our natural and indoor environments. Mold is an allergen. Those who are allergic can experience symptoms including respiratory problems, sneezing and coughing, while others may experience no symptoms. With food sources, like wood and sheet rock abundant, mold needs only moisture to grow. Molds digest and damage the building materials they grow on, potentially threatening the structure and stability of the building. This is why it’s important to deal with a mold issue sooner rather than later. 

Perhaps one of the greatest frustrations to homeowners dealing with a mold issue is spend a large amount of money to fix the issue, only to find out a few months later, that the mold remediation job was not done correctly and mold has returned.

My Prediction: Mold - Hurricane Sandy – Changes

I am a 23 year environmental industry expert and principal of LEW Corporation.  One important aspect of my job involves evaluating and anticipating how the environmental industry will change and in the past many would say I have been very successful at that!   As I look into the future my first prediction is that Hurricane Sandy will change the way Mold will be dealt with in the future in an enormous way.  Second, insurance coverage for Mold will become harder to obtain and if obtainable at all it will be sustainably more expensive.  Third, toxic mold will be a hot topic on the news and in the media.  Finally, mold will become highly litigated in real-estate transactions, rental properties, office environments and all other locations that mold will grow.  

Mold is a part of nature. It needs only moisture to grow because its spores are, in theory, everywhere!  Nobody can guarantee, warrantee or assure anyone that mold will not grow back.   It’s natural and part of our world!   What a Mold contractor could say is, “We can restore your property back to a pre-loss condition.” Unfortunately, the reality is, too many Hurricane Sandy impacted properties had foreign fly-by-night hurricane chasers, also known as carpetbaggers,  do mold remediation and demolition work and now have mold growing back.    

Mold in the Media and litigation is currently occurring and will continue to occur which will likely create a snowball effect for the blame game. To re-coup the economic losses, some will have no choice but to sue someone and numerous others will follow suite (file suite).    With the increase of mold litigation, the cost of insurance will definitively rise, if insurable at all and the pressure will most likely sway government to create environmental mold regulations, in some form.    The unfortunate rise in environmental mold litigation due to Hurricane Sandy losses and the frustration of the impacted property occupants, coupled with the potentially toxic health hazards associated with mold, will be cause for mold related litigation (precedence) and media to migrate into all other mold related environments.  Some of these related environments include apartments living, real-estate transaction due diligence, in the office and at a school.  After 23 years as a northeast major player and industry expert, I cannot remember an environmental issue that once the legal system got involved and litigation started occurring it suddenly went away!

So what should you consider doing to minimize being exposed to unnecessary potentially toxic mold and expensive litigation?  It’s called “Environmental MOLD Risk Management”.  It might sound like smoke and mirrors, but a simple to follow and achievable Environmental Mold Risk Management plan will minimize ALL of the negatives associated with my predictions.  Whether new construction, renovation or in light of my prediction, NOW is a great time to institute an “Environmental MOLD Risk Management plan”.    If you agree with the rationale for my predictions above, then I would hope you would also agree and trust me when I say, a few minutes of your time today will save you an enormous amount of time and money tomorrow.   In the last few years I have seen the number of MOLD practitioners exponentially grow.  Many of whom have very little or limited industrial hygiene and IAQ related experience.  They just want to take your money!  Work with a Professional who is properly qualified (ACAC certified) and not just understands how to turn on a moisture meter or an air sampling pump, but honestly understand the microbial and moisture intrusion universe and can PROVE IT!   An easy to use, reasonable, achievable and clear to understand Environmental MOLD Risk Management program prepared by a professional and complied with your contractor or facility staff will be one of the best investments and returns you can ever imagine.   As we know and many will learn over the next few years, not having a mold program in place will become a VERY expensive experience.   Begin protecting yourself, your occupants, your residents and the general public today.  Call your environmental professional and find out what an Environmental MOLD Risk Management plan includes and how to use it before it is too late. Call today.

This article was written by Lee Wasserman, CEO & President of LEW Corporation. 

How to Protect Your Children, When Our Government Cannot

As a parent, so many things nowadays scare me when it comes to the well being of my children aged 5 and 10, (my most sacred possessions a true labor of love!)  As a rationalist I realize I cannot control everything,  however, I am smart enough to know there are some things I can control.  As a professional and business owner, for over two decades, while also a father and husband, like many, I have finally accepted and realized our government and its systems, designed to assist and protect us, are BROKEN!  Maybe even beyond repair and unfortunately our children and our future are at the greatest risk?     

Why you ask? As a nationally recognized expert in the environmental field, and as a regularly requested governmental subject expert who works closely with all levels of health and housing environmental related programs, I will let you in on a big time secret. Our government is NOT promoting good science.  Much of today’s politics are entwined in scandal, driven by money and power for one party.  What’s forgotten is "the good of the people!"  Our Government has squandered away our economic power and stability and as a result we now see long term government downsizing (which I am mostly in favor of).  However, this comes at a price and the price is our kids!  Kick the can down the road, is what our government has been doing for too many years. 

One example of this comes from The Center for Disease and Control (CDC).  In December 2011, the CDC was provided a final report on lead poisoning from a panel of the nation’s best subject experts which included, doctors and PhD’s. When the commission first commenced, 5 years previously, President Obama, at the time Senator Obama, and his wife were big supporters and advocates of protecting children from lead poisoning.  After the report came out and as the election heated up and campaign dollars were needed, however, the White house made no mention of how important protecting our children from the long term permanent adverse health impact of lead poisoning is. Instead, they substantially watered down the existing regulations.  Additionally, the CDC was provided with no resources to educate and inform our citizens that the five year advisory panel concluded, based on years of research, data, studies and analysis, that the long term, detrimental impact of inhalation or ingestion of lead can occur at much lower blood lead levels.  

It was not until April 2012 that the CDC was able to release and address the U.S.  On its website it stated, "In the past, blood lead level tests below 10 micrograms per deciliter of lead in blood may, or may not, have been reported to parents. The new lower value (of 5 micrograms) means that more children will likely be identified as having lead exposure allowing parents, doctors, public health officials, and communities to take action earlier to reduce the child’s future exposure to lead." (http://www.cdc.gov/nceh/lead/ACCLPP/blood_lead_levels.htm)

Since our system will no longer have the resources, money or labor to effectively protect its citizens, we as parents, must take on that responsibly.  Something we can control is what our children are exposed to.  We can preserve their greatest assets and give them the best chance to be successful in a very competitive global future.  There are hundreds of environmental toxins that we live with, breath in, drink, and work in. I found, however, that I can obtain a full line of in home test kits that test for a variety of common household toxins including lead, asbestos, in-door air quality, BPA, pesticide, etc at www.eitsupply.com . 

As an environmental professional, this line of test kits is very reasonable priced for a REAL Accredited laboratory analysis with all the supplies, lab analysis, shipping and results included.  The kits make it very easy to determine if my family and my kids at risk or not! I highly recommend you do the same and give your children the greatest chance by controlling their exposure to toxins that can negatively impair their ability!   Check out www.eitsupply.com   

Post Sandy: What to Look out for

We all saw Hurricane Sandy come and go, leaving behind an incredible amount of work to be done to restore our communities. As we all rebuild there are a few important environmental factors to keep in mind.

1. Mold: It germinates within 48-72 hours of moisture intrusion, and when properties sat with no heat, or electricity for days, sometimes weeks, this provided an ideal breeding ground for mold spores. Unaddressed, mold and moisture will continually decompose building materials. Reconstruction, renovation and demolition without proper engineering controls will be a substantial source for mold spore growth & migration and if not addressed prior to final reconstruction, will most certainly re-germinate, and colonize into the future. Especially with homes so close to the water and constant elevated ambient air moisture levels.

What to do if you have mold? Remediating mold-impacted surfaces depends on the particular surface it is growing on and the extent of the growth. Hard non-porous surfaces, such as tiles and metal, can be cleaned with a detergent solution wipe and then let to dry. Porous material, such as drywall, may be cleaned depending on the extent of the fungal growth. Superficial growth may be cleaned with the detergent wipe. However, any porous surface where growth is more extensive, wiping with a detergent is not effective. Due to the nature of mold growth, wiping extensive growth only removes the growth on the surface and does not remove the mold that has grown into the material. The growth within the material will eventually reappear, in spite of the thoroughness of the cleaning process. For this reason, removal of the material is necessary. If the size of the area affected cannot be assessed visually or if the source of musty odors cannot be identified, then a reputable professional qualified testing company should be considered (ACAC certified or other recognized certification). Whether the work is performed in-house or by a professional company, the area should be visually absent of mold growth after the remediation is complete. Post remediation sampling can provide assurance that the remediation efforts did not further contaminate the area due to improper remediation techniques as well as document normal conditions.

2. Asbestos: It is a known human carcinogen, so if any Asbestos Containing Material (insulation, floor tiles, shingles, pipe wrap, etc) was damaged during the storm and needs to be replaced make sure you use a licensed asbestos abatement contractor. They will ensure this hazardous material is removed and disposed of in a safe and legal manner. If you’re not sure if you have asbestos in your home have asbestos sampling performed before performing any work.

3. Lead Paint: The use of lead paint was banned by the Federal Government in 1978 so if your home was built before that year there is a good chance lead paint may be present. The amount of lead dust it takes to poison a child is less than the size of a grain of sand, making lead paint and dust a toxic problem. Just the act of opening or closing a window can create enough lead dust to create a hazard. In 2010 the new Federal EPA RRP Rule, which regulates the renovation, repair and painting of homes with lead paint, went into effect. If you think you have lead paint you can either get your home tested, or make sure your contractor is using lead safe work practices and is RRP trained and certified.

4. Radon: Radon is a gas that occurs naturally with the decay of uranium. This gas is colorless, odorless, and tasteless and can be found in ore, shale, limestone and granite. When emitted from these sources it enters the surrounding soil where it can then be disbursed into the air. Radon is radioactive and carcinogenic. It is one of the leading causes of lung cancer and if you walked into a room with high levels of radon it would be virtually undetectable. When disbursed through outdoor air, its poses no real threat, but the real danger occurs when this gas gets trapped inside buildings.

If a home’s foundation has cracked or been damaged it may be possible for Radon to seep into the structure. Find out if you live in a high radon zone here. If you do live in this type of zone, consider having you home tested for radon.

America's Secret Epidemic

I first met Tamara Rubin for dinner in New York City last January.  It was then that I realized this was one unwavering mom.  Many of us dream of doing something to make the world a better place, but few of us ever succeed on such a grand scale.  Tamara Rubin is one woman doing everything in her power to make our world a safer place from environmental toxins, and by all accounts, she is succeeding.  

In 2005, Rubin’s two children were lead poisoned after a painting contractor performed work on the Rubin’s home without using lead safework practices. When Rubin found out her children had been poisoned by lead dust not only did she set out to do everything she could to help her children, but she also set out to raise awareness and help increase prevention of this avoidable poisoning.  

The use of lead paint was banned by the Federal Government in 1978 so many assume lead paint is no longer an issue. However, most don’t realize that even though this ban occurred decades ago, lead paint is still present in older homes built before the ban took place. If deteriorated or disturbed, this lead paint can become a toxic danger as per The Center for Disease Control (CDC) and The Environmental Protection Agency (EPA). Furthermore, the amount of lead dust it takes to poison a child is less than the size of a grain of sand, making lead dust a toxic problem as well.  Just the act of opening or closing a window can create enough lead dust to create a hazard. Even roadway paint and bridge paint, which still contain lead, and contaminated soil add additional danger.  In 2010 the new Federal EPA RRP Rule, which regulates the renovation, repair and painting of homes with lead paint, went into effect and has helped decrease the number of children with elevated blood lead levels, but still, lead poisoning remains a huge problem.

For some, lead poisoning is not something that they ever think about, and that is what Rubin is trying to change.  Dubbed “America’s Secret Epidemic” the CDC estimates over 4,000,000 children live in households that could expose them to lead, with over half a million children ages 1-5 already showing elevated blood lead levels. Children older than 5 years can also be affected by lead poisoning, which is why Rubin estimates the number of American children affected by lead in their homes at 22,000,000.   Some of the permanent health effects of lead poisoning include brain, kidney and nerve damage, seizures, headaches, nausea and behavioral and learning disabilities.  Because some of the symptoms of lead poisoning can go undiagnosed, many, even doctors and policymakers, do not realize how ever-present lead and lead poisoning are. 

To accomplish her mission of educating parents, doctors and policymakers, and keeping children safe from lead poisoning, not only did Rubin create the Lead Safe America Foundation, but she also recently completed her first full length documentary entitled “Mislead: America’s Secret Epidemic.”  At LEW Corporation, we were thrilled when Rubin asked our company President & CEO, Lee Wasserman, to be interviewed. The documentary’s primary goal is to increase awareness and give viewers specific and immediate actions they can take to reduce their risk.  Excitingly, “Mislead” has been submitted to The SXSW film festival as well as Sundance.

If you’re concerned lead may be in your home Rubin recommends having yourself tested for elevated blood lead levels before having a child to evaluated the hazard level in your home.  She also recommends having your child tested before they start to crawl and again after they start to crawl.  One new product on the market is a lead in saliva test kit that allows anyone to easily test for lead poisoning without the need for needles, which is especially great for small children. Additional in-home kits that test for lead in water, dust, soil, paint and toys are also available.  Knowledge paired with action is a great tool to help you reduce your family’s risk of lead poisoning.  

Press Release: Two Companies, One Integrated Solution for Your Environmental Challenges

LEW Corporation and Brilliant Environmental Services, LLC are extremely proud and excited to announce the establishment of a Strategic Alliance.  On October 15th, 2012, this Strategic Alliance was formed with the primary intent of bringing two nationally respected and recognized teams of environmental industry experts together to provide the highest level of expertise, service, and experience.  Collectively, LEW and Brilliant will offer clients the level of confidence and comfort desired and deserved when faced with environmental challenges.

 

Lee Wasserman, LEW Corporation CEO & President Accomplishments

• Acknowledged Expert 2012 HUD Guidelines For The Evaluation and Control of Lead-Based Paint
• 2009 & 2011 NJAA Business Partner of the Year
• 2003 Associated Builders and Owners of Greater NY, Emma Lazarus Award
• Author of IREM Key Report: MOLD- What Every Professional Real Estate Manager Needs to Know

LEW Corporation Service Area: Lead, Asbestos, Indoor Air Quality and Mold Testing, Consulting, Remediation, Industrial Hygiene and OSHA Compliance Training

Phillip Brilliant, Brilliant Environmental Services Principle: Accomplishments

• 2009-2012 Inc. 5000 and 2012 Best Places to Work in NJ
• Confirmed by NJ State Senate to the Site Remediation Professional Licensing Board (SRPLB)
• Recognized Expert by the Courts of NJ in the Site Remediation and Hydrogeology Fields
• Frequent Lecturer and Instructor of Industry related Professional Courses

Brilliant Service Area: Tank Services, Location testing and removal, Environmental Site Assessments, Soil & Groundwater Investigation and Remedial Action, Brownfield's Redevelopment 

Philadelphia Lead Disclosure & Certification Law Compliance guidance packet

Free downloadable Philadelphia Lead Disclosure & Certification Compliance Guide Packet from EIT Supply available. Click here 

Executive Summary:

Beginning December 21, 2012, Philadelphia landlords must provide to every new tenant who has children 6 years or under who will be residing in property built before 1978, a Lead Safe or Lead Free Certificate completed by a PA licensed lead risk assessor or EPA certified lead dust sampling technician before the tenant enters into a lease. After the tenant signs receipt of the Certification, the landlord must mail a signed copy along with a copy of the dust wipe test results to the Philadelphia Department of Public Health.

Lead Free Certificate – Speak to HAPCO affiliated Environmental Professional Lead Risk Assessor to determine what is required to become exempt from the requirements of this law and obtain a Lead Free Certificate. 800-783-0567. Or info@LEWCorp.com

Valid Certification – that a property is lead safe is basedon a visual clearance and dust wipe clearance by a PA licensed lead risk assessor, inspector or an EPA certified lead dust sampling technician performed no more than 24 months prior to the date a lease is entered into. (see Appendix )

Lead Safe Property – is free of a condition that causes or may cause exposure to lead from lead-contaminated dust, lead contaminated soil, or deteriorated lead-based paint.

Visual clearance – either a PA licensed lead risk assessor or inspector OR an EPA certified Lead Dust Sampling Technician visually inspects the property to determine that there is no evidence of deteriorated paint, paint dust or paint chips. Examples of deteriorated paint include: cracking, scaling, peeling, or chipping paint or any visible dust, debris or paint chips.

HOW to obtain a “Lead Safe Certification”
Step 1: Proper Certification required
Retain or become certified (click here for training details) as a EPA Certified Lead Dust Sampling Technician. Formal 8 hour course with identification card provided upon passing course.

Step 2: Visual Clearance
To pass a visual clearance a PA Licensed lead risk assessor or lead inspector or EPA certified dust wipe sampling technician visually inspects the property to determine that there is no evidence of deteriorated paint, paint dust or paint chips. Examples of deteriorated paint include: cracking, scaling, peeling, or chipping paint or any visible dust, debris and paint chips. All areas where children spend their time should be visually inspected. At the minimum, all surfaces, including windowsills, baseboards, doorframes, trim and walls, which must be free of deteriorated paint and paint dust in:

· Each bedroom in the property; and

· The common room (for example a living room, family room, or kitchen) where any child aged six (6) and under who resides in the property spends the majority of his or her waking hours.

Step 3: Dust wipe clearance
Dust wipe clearance means that after visually inspecting the property a PA licensed lead risk assessor or lead inspector or EPA certified lead dust sampling technician has taken dusk wipe samples, which are analyzed by a certified lab and show that the area tested is free from hazardous lead paint dust. Visit www.eitsupply.com for complete dust wipe analysis kits.

Only a PA licensed lead risk assessor, lead inspector or EPA certified lead dust sampling technician can take a dust wipe sample. To locate someone who is certified, or to go to an approved training class go to www.lewcorp.com or call 1-800-783-0567.

The following wipe samples for settled dust should be collected for a Lead Safe Certification:

· One windowsill sample and one floor sample from each bedroom in the property; and

· One windowsill sample and one floor sample from the common room (for example a living room, family room or kitchen) where any child aged six (6) and under who resides in the property spends the majority of his or her waking hours.

All samples, along with one blank (control) sample, should be sent to a certified laboratory recognized by the National Lead Laboratory Accreditation Program (NLLAP) as being proficient in lead dust analysis. Visit www.eitsupply.com for certified dust wipe lab analyzed kits.

After getting the results the lead inspector or sampling technician should compare them to the federal EPA standards to determine if the property has a hazardous level of dust. The federal EPA standards are

· Floors: 40 μg/ft2

· Windowsills: 250 μg/ft2
Step 4: if passes, if not see next section

Upon passing both the visual clearance and the dust wipe clearance the PA Lead Risk Assessor, Inspector or Dust Wipe Sampling Technician who performed the clearances shall complete, sign and date the certificate (See Appendix) indicating the property is lead safe. The Certificate is valid for 24 months.
Step 5: What to give a new tenant

1. Wait until the tenant has agreed to rent the property before inquiring whether there will be children age 6 years and under who will reside in the unit.

2. If a child of less than 6 years of age is going to be residing landlord shall provide the tenant a Lead Safe or Lead Free certification and information booklet (See Appendix)

3. Information landlord MUST provide along with “Certificate”

a. A written notification advising the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and advising the tenant may inform the lessor of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces. (See Appendix)

b. EPA’s lead hazard information pamphlet, “Protect Your Family from Lead in Your Home” (Obtain for free at www.EITSupply.com)

c. “City of Philadelphia Partners for Good Housing” brochure issued by the Department of Licenses and Inspections (Obtain for free at www.EITSupply.com)

d. A certificate of Rental Suitability, issued by the Department of Licenses and Inspections, no more than Sixty (60) days prior to residence. (note: this certificate states that the property has obtained all required rental licenses and do not have critical code violations.
Step 6: Submission to Department of Health

Send the Department of Public Health a copy of the lead safe certificate signed by the tenant along with copies of the dust wipe clearance test results. Required documentation can be sent via first class mail.

Childhood Lead Poisoning Prevention Program

Philadelphia Department of Public Health

2100 West Girard Avenue
Building #3
Philadelphia, PA 19130-1400
215-685-2788
215-685-2797 (24 hour information line)
215-685-2978 (fax)


When Property Fails Visual or Dust Wipe Clearance requirements

If the property does not pass either a visual clearance or dust wipe clearance the landlord must repair the property so that it passes clearance before the tenant can move into the unit.

NOTE: if property owner uses his own or third party contractors to perform paint disturbances on any pre-1978 residential or child occupied facility, the property owner and/or his contractor must also become an EPA certified Renovation, Repair and Painting (RRP) firm as well and employ at a minimum, one Supervisor who has successfully completed EPA’s RRP course curriculum. See www.LEWCorp.com for training (24/7/365 availability on-line).



This document is NOT intended to be an all encompassing compliance document with the legal requirements of Philadelphia’s Lead Disclosure and Certification Law (Chapter 6-800 of Philadelphia Code). This document is strictly intended to assist rental property owners as a guidance tool. Under no circumstances, whether consequential direct or indirect, punitive or other, does the preparer of this document assume any liability. This document is the sole property of EIT and by using this document, users accepts full responsibility and liability for any and all actions that may be related and arise.

Looking for Lead Dust Wipe Sampling Technicians or Lead Inspectors? Call 800-783-0567
Looking for Lead Dust Wipe Kits? Visit www.eitsupply.com