Bill puts focus on mold inspections

[Guest guest]

Bill puts focus on mold inspections

By Joe

The News-Press

http://www.news-

press.com/apps/pbcs.dll/articleAID=/20070607/RE/706070309

After a jury in 2001 awarded $32 million to a Texas family with

a " mold sick " home (although the award was significantly reduced by

an appeals court a couple of years later), a veritable " mold

industry " has sprung up throughout the nation. A quick search under

the topic " mold " will instantly yield millions of hits on almost

every Internet search engine.

Here in Florida, mold and mildew have always been a factor in the

construction and housing landscape, given the hot and humid climate.

In particular, the hurricanes of 2004 and 2005 placed a heightened

awareness on the detection and remediation of mold. Additionally,

virtually every insurer who does business in the state has scrambled

to revise their policies to limit, or disclaim altogether, mold-

related coverage.

In the community association setting, particularly in condominiums,

mold has always been a difficult issue to address.

There are a variety of factors that contribute to the challenge,

including the fact that many mold incidences occur during summer

months, when a substantial number of units in condominium

communities sit empty.

When mold is discovered, there is plenty of opportunity for finger-

pointing between the association and the unit owner as to whether

the problem exists due to factors within the unit owner's control

(failure to have the unit checked, inadequate interior temperature

and humidity control, etc.), or whether the negligence of the

association (for example, repeated roof leaks that are not repaired)

is the proximate cause of the damage.

Additionally, questions abound as to who is qualified to determine

whether a spot on the wall is a sign of " toxic mold, " or perhaps

some simple growth that can be easily removed with some soap and

water. In Florida, there are several hundred entities that provide

mold identification and mold removal services. Many of these

business entities hold them out as " certified " in assessing or

remediating mold.

However, these " certifications " are conferred by industry trade

organizations, some of which are no doubt very legitimate, and some

of which are perhaps more akin to the mail-order college diploma.

Florida law does not currently provide training guidelines or

education requirements to be a mold assessor or mold remediator, nor

are education providers regulated.

In 2004, the then-president of the Florida Senate authorized a

review of mold regulation, which resulted in the adoption of HB 315

in 2005. The law, which passed both the House and Senate, provided

for licensing of mold inspectors and mold remediators through the

Department of Business and Professional Regulation and the

Construction Industry Licensing Board.

Gov. Jeb Bush vetoed HB 315, citing concerns that legitimate and

responsible employees of mold assessment and mold remediation

companies might be put out of business, because the law did not

contain a " grandfathering " provision.

The governor also directed the secretary of the Department of

Business and Professional Regulation to work with various

stakeholders to develop proposed new legislation. After the

department conducted workshops, it drafted a report which

recommended alternatives to licensure.

During the 2006 legislative session, SB 2670 and SB 1046 both

addressed the regulation of mold assessment and mold remediation.

However, both bills died in committee.

Senate Bill 2234 was adopted by the Florida Legislature on May 3,

2007. SB 2234 is currently awaiting the signature of Gov. Crist.

Unless vetoed, the bill will become law effective July 1, 2010. This

new law will provide relatively detailed regulation of mold

inspection and remediation in Florida.

In the next installment of this column, unless the bill is vetoed by

the governor in the intervening time, we will take a detailed look

at SB 2234.

— Joe is an attorney with Becker & Poliakoff, P.A., Fort

Myers. This column is not a substitute for consultation with legal

counsel. Past editions of this column may be viewed at www.becker-

poliakoff.com.