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Mold: An Old Contaminant Creates New Concerns for Homeowners

Published on Thu, February 25, 2010 @ 2:08 p.m.

Mold has been around for millions of years, and continues to travel in and out of our homes and work places through ventilation systems, doors and windows. Despite the fact that it is ever-present, mold has recently and increasingly become the subject of lawsuits being filed by homeowners against homebuilders, landlords, architects, realtors, building system manufacturers and insurance companies seeking property damage and bodily injury awards. Why this sudden attention to mold? In recent years, we have learned more and more about the health effects of mold, particularly with respect to mold as a cause of allergic reactions and asthma attacks. In addition, lifestyle changes have led to ever-increasing time spent at work and at home indoors in conditioned environments.

Q.: What exactly is mold?
A.: Mold is neither a plant nor an animal, but multicellular organisms known as fungi. They can be found growing almost anywhere on virtually any organic substance where moisture and oxygen are present. Molds grow as filaments (hyphae) similar to plant roots. The hyphae penetrate the surface of porous materials and reproduce by making thousands of spores that can't be seen with the naked eye. These spores are dispersed into the air and can easily enter one's nasal passages.

Q.: Where can mold be found?
A.: Mold can be found almost anywhere. In the home, mold can grow on wood, paper (including wallboard), carpet, foods, insulation, or other organic material with sufficient moisture and air. Whenever excessive moisture accumulates in a home or building, mold growth will often occur.

Q.: What problems do molds cause to homes or buildings?
A.: If left unchecked, molds will digest whatever they are growing on, gradually destroying the material. Molds also create unpleasant odors.

Q.: What health risks do molds present?
A.: Molds can cause allergic reactions or asthma attacks. Some molds produce toxins that can cause more serious problems.

Q.: Is there a "safe level" for mold inside a home or building?
A.: No Although the United States Environmental Protection Agency and a limited number of local health agencies have issued guidance for remediation of mold in buildings, the agencies have not identified a safe level of mold in the air or on building surfaces.

Q.: Do modern building techniques promote mold growth?
A.: Some do. Making homes and buildings air tight to save energy costs reduces the number of air exchanges that occur in heating and air conditioning ventilation systems ("HVAC"). This helps to trap moisture, allowing molds to grow. Changes in HVAC systems to draw in outdoor air are under development.

Q.: What other conditions can lead to mold growth in homes?
A.: Any source of water entering or collecting within the interior of a home or building can lead to mold problems. Blocked gutters, leaking plumbing, defective roofs, flooding rain soaked construction sites, absence of drains or proper landscaping to carry rainwater away from foundations, and infiltration of water along the tops of walls or ceiling caused by ice dams are among the most common causes of mold damage.

Q.: How can I prevent mold growth?
A.: The key is moisture control. Repair moist areas and plumbing leaks quickly. Keep heating, ventilation, and dehumidifier drip pans and collection troughs clean. Vent dryers to the outside. Maintain drainage away from foundations through proper sloping, clean gutter and open drainpipes.

Q.: What steps should I take if I find a mold problem?
A.: First, identify and fix the source of the moisture that is supporting the mold growth. Further cleanup will vary with the nature of the damage, from damp cleansing of non-porous surfaces to complete removal and replacement of materials with mold growth.

Q.: Are there companies that specialize in identification and repair of mold damage?
A.: Yes. However, most states have yet to adopt licensing requirements for these businesses. Firms experienced in industrial hygiene and surface and air sampling techniques are a good starting point. Such firms are skilled in removing harmful or toxic substances and use appropriate protective equipment during the removal process.

Q.: Should I have the air tested for mold in a home I am considering for purchase?
A.: Mold is everywhere, so it is likely that any sampling will detect some mold. Also, there is no standard for comparison. A thorough visual inspection of the home for leaks or water damage may be the better course of action.

Q.: Does my homeowner's insurance policy cover mold damage?
A.: Maybe. Recently, some insurance companies have begun to revise homeowners' policies to exclude coverage for property damage or personal injury claims attributed to mold. Other companies have chosen to contest coverage in court, while others have granted coverage. Meet with your agent and your lawyer about your policy to review your policy and determine whether mold damage is covered, especially when purchasing a home.

      Law You Can Use is a weekly consumer legal information column provided to this newspaper as a public service of the Ohio State Bar Association and the Ohio State Bar Foundation. This article was prepared by Robert J. Styduhar, an attorney with the Columbus firm of Vorys Sater Seymour & Pease LLP. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.