Resident: Toxic mold in home

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Resident: Toxic mold in home

Family plans to file lawsuit against town

York Weekly - Portsmouth,NH*

By Morse

smorse@...

August 22, 2008

http://www.seacoastonline.com/apps/pbcs.dll/article?

AID=/20080822/NEWS/808220366

SEABROOK — The town's installation of a water meter and backflow

prevention device has caused dangerous mold to grow in an

Avenue mobile home, claims a resident who plans to file an

injunction and possibly a lawsuit against the town of Seabrook.

Ruffin said after town officials came to his home and

confirmed the mold problem in April, they've done nothing to fix the

problem.

Ruffin, through his attorney Marie Sapienza of Hampstead, plans to

file an injunction in Rockingham Superior on Monday, Aug. 25, asking

the court to order Seabrook to pay for safe lodging for Ruffin, his

wife , and three children, , 16, Rich Jr., 12, and

, 6.

The mold was found in 's bedroom, where the hot water heater

is located in a closet, as the double-wide mobile home has no

basement. All three children currently sleep on a sofa in the living

room, said Ruffin.

" Black mold is just crawling up the walls, " he said.

The mold is stachybotrys, according to Sapienza, which is toxic and

can result in serious health problems.

Former Town Manager Dunn arranged for Absolute Air Quality to

do a mold assessment, said Ruffin. A representative from that

company told him basically, said Ruffin, to " get the hell out of the

house. "

The family is experiencing health problems such as runny eyes and

headaches, said Ruffin.

Ruffin will file the injunction in order to live in a safe place,

said his attorney. Sapienza will also file a lawsuit against

Seabrook unless the town fixes the problem and pays for remediation

and damages. A conservative estimate to take care of the mold is

$17,500, she said. The cost to put the house back to the way it was

is estimated at more than $42,000.

Sapienza contacted the Hampton Union about the story. She hopes that

once residents learn of the issue they'll encourage the Board of

Selectmen to correct the problem to avoid costly legal fees.

" If they don't encourage the select board to settle this matter, "

Sapienza said, " it will involve the cost not only to put the family

back, but exorbitant legal fees. "

" I just want my house to go back to normal, " Ruffin said.

and Ruffin have lived in the Avenue house for

nine years.

's bedroom is now closed off by a plastic sheet over the

doorway. Ruffin daily empties a vase that fills with water from the

leaking pipes near the hot water heater, he said.

Ruffin discovered the mold in April, after removing a book shelf

from a wall next to the water heater. The water heater is in the

closet, and was closed off on all sides by walls.

" He cleaned out the closet, gained access to the water heater and

found extensive mold growth and leaky parts, " Sapienza said.

Seabrook, through contractors, recently installed water meters and

hot water heater backflow prevention devices in all residences.

Ruffin immediately notified the town. Numerous town officials and

contractors responded, said Ruffin, including a representative from

Meter and Backflow Services. MBS is a subsidiary of E.J. Prescott

Inc., the company which installed the meters and backflow prevention

devices.

The contractor said the installation of incompatible pipes caused

the mold, said Ruffin.

Sapienza said a pipe of one type of material was hooked up to an

existing pipe made out of another type of metal.

Reached on Wednesday, Aug. 26, former Water Superintendent Mike

Jeffers confirmed the contractor said the two types of metals that

formed the connection caused the leak. Jeffers also confirmed

Ruffin's statement that an air quality control expert said the mold

was bad and the family shouldn't be living in the house.

Ruffin claims Jeffers told him the town was taking no responsibility

for the problem. Jeffers denies this allegation.

" I actually didn't say that at all, " said Jeffers. " What we did

while I was there, was immediately seal the room and draw the mold

out of the house. We purchased and installed a window fan to pull

the room air outside. We put plastic on the door, under the

supervision of the mold mitigation expert. "

Jeffers did no more, he said, because, after that, then Town Manager

Dunn took over.

" Dunn took over as soon as he heard a lawyer was going to

negotiate, " said Jeffers.

Sapienza was contacted by Ruffin days after Ruffin discovered the

mold.

She sent Dunn a letter on April 17, regarding the hiring of a

cleaning and mold remediation company and the relocation of the

family.

On April 18, Dunn responded, according to a letter provided by

Sapienza.

Dunn authorized Absolute Air Quality to conduct an assessment and

requested a price from Service Master of Saco, Maine, to conduct the

clean up, he said in the letter. Dunn also said the town would

provide the family with a motel room for up to three days.

His assistance did not stem from an admission of liability on the

part of the town, he said.

" Mr. Ruffin has some liability for these circumstances as a result

of his long-term failure to address the problem, " said Dunn.

Sapienza was asked about this statement. Her guess, she said, is

that Dunn believed Ruffin should have discovered the mold sooner.

But the heater was not in view, being located behind a wall in the

closet, she said.

Dunn suggested Ruffin's insurance company take the lead in dealing

with the situation, he said in the letter. He submitted all

documentation in the form of a claim to the town's insurance

company, administered by the Local Government Center.

Because legal counsel was involved, said Dunn, he felt it necessary

for Seabrook to disassociate from further involvement, directing all

inquiries to Tucker & Ciandella, PLLC of Exeter.

The town's attorneys have made no offer of a settlement, said

Sapienza.

Both Jeffers and Dunn tendered their resignations in May, for

separate stated reasons having nothing to do with the Ruffin claim.

Jeffers cited the workload of running the water department without a

second in command; Dunn said he was leaving for personal reasons and

has since taken a job as town administrator in Gilford.

Seabrook's new town manager, Barry Brenner, has been on the job for

about two weeks.

" This is the first I'm hearing of it, " said Brenner when contacted

on Thursday, Aug. 21. " I'm happy to look into it. "

New Water Superintendent Curtis Slayton said if the matter is slated

for litigation, he shouldn't comment.