Mold issue to be continued

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Mold issue to be continued

Board says more research, discussion needed before next steps

10/17/02

Tom Blakey

There's much more research to be done on toxic mold, and the discussion

about how the city should handle the problem - if at all - is also to be

continued.

Members of the Environmental Control Advisory Board, after more than an hour

of discussion about mold and public health concerns, decided to suspend

further deliberation on the issue until the next ECAB meeting, scheduled for

Nov. 20.

Local resident Larkin asked ECAB to take up the mold discussion after

her family experienced serious health consequences due to their exposure to

mold in a Norman rental apartment.

" The problem affects everybody, " Larkin told the citizens advisory board.

" It affects children, it affects families, it affects the economy. "

Larkin passed out copies of a letter from the City of Norman addressed to

the owner of a residence after code compliance officers had inspected the

damage caused by mold.

" The letter says test and abate, it doesn't say what happens if they don't

do it, " she said. Code inspectors are already inspecting - all they need to

be able to do is say 'Here's the code, here's what can happen if you don't

clean it up.' "

Attorney Jung likened mold to asbestos.

" I anticipate some legislation at the state level, with some mold provisions

being put into the (landlord-tenant) act itself. By advising the city to

adopt an ordinance that includes the abatement of mold, and by putting some

teeth - fines and time limits - into it, Norman would be ahead of the game

when state regulations come, " Jung said.

Brent of United Adjustment Services said there are more than 2

million species of mold, and scientists only have a grasp on 200,000 of

them. " No one wants to jump on the band wagon when we don't understand it, "

he said.

, who said his company provides free information to landlords and

tenants, advised the board to develop general safety practice guidelines for

the city to provide its residents.

" When it comes to mold, the best offense is a good defense, " he said.

City staff liaison Mark s shared information and recommendations

provided by the city's legal department.

According to the information, the city " could, upon proof that a toxic mold

exists in a structure, order the abatement of the public health nuisance

within a reasonable period of time. Because the city does not have the

resources or expertise available to determine these types of issues, testing

of the mold at a certified laboratory to determine toxicity would be the

responsibility of the complainant. A more productive approach to these types

of matters may be to treat it as a private landlord/tenant (or

homeowner/homebuilder) issue. "

Revitalization Manager Price said code compliance officers have the

ability to file charges if abatement isn't done, but " the municipal court

doesn't have the ability to require it to be fixed. "

The issue becomes a municipal court matter, rather than " taking care of the

issue at hand, " she said.

Price said other options contained in code are for the city council to abate

the public health nuisance if the property owner does not comply with orders

to do so. Upon completion, a lien is placed on the property for the costs of

abatement.

Price said code compliance also can, without city council authorization,

declare the property " unfit for human habitation, " and have it boarded and

secured.

ECAB members discussed recommendations to council for possible amendments to

the code, such as requiring property owners to remedy mold problems and pay

for subsequent testing at their own expense.

" I think it's unfair to characterize the city as not doing anything if they

are limited by state law and the resources available, " said ECAB member

Geoff Canty. " It's an issue of the city having limited resources and state

law preventing them from being at the forefront of the issue. "

Reporter Tom Blakey covers city government and can be reached at 366-3540 or

via e-mail at tblakey@....