State mold law no cure-all

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State mold law no cure-all

Data to develop exposure limits may be lacking.

By LePage -- Bee Staff Writer

Published 5:30 a.m. PST Tuesday, Jan. 15, 2002

California's Toxic Mold Protection Act, seen by some as the answer to the

state's growing and costly mold-related problems, might not be the

short-term solution many are hoping for, after all.

The new law, passed last year and effective Jan. 1, has yet to receive

funding and some public health experts question whether there's enough sound

information available to meet one of its key directives -- setting indoor

mold exposure limits -- this year or even next.

Introduced by state Sen. Deborah Ortiz, D-Sacramento, the law directs the

state Department of Health Services (DHS) to explore the feasibility of

setting so-called permissible exposure limits and to devise standards for

the assessment, identification and remediation of mold found inside homes,

workplaces and other buildings.

But it's the permissible mold exposure limits that many in the real estate

and insurance industries are hoping the state will establish as soon as

possible. They believe such limits could effectively cap their mold cleanup

costs and help ward off potentially frivolous mold-related lawsuits based on

alleged health problems.

However, public health experts specializing in mold say setting such limits

might be impossible, scientifically, until far more research is completed on

mold's specific health effects.

" Permissible exposure limits ... would be pretty difficult to arrive at, at

this point, " given the state of mold research nationally, said

McNeel, a research scientist and one of DHS' top mold experts.

Moreover, she said DHS does not have the funds, personnel or even the

mission to conduct research aimed at linking specific health effects to the

plethora of molds -- there are hundreds -- known to grow indoors.

DHS has said it needs about $400,000 during the current fiscal year, ending

June 30, and $700,000 annually for the following two to three years to meet

the demands of the Ortiz bill, SB 732. The bill states that its directives

apply only if DHS has enough funding.

DHS says it doesn't have the money for the Ortiz bill, and there was no

funding for it specified in the governor's just-released proposed budget for

the fiscal year beginning July 1. Ortiz says she's hopeful funds will arise

out of this spring's budget negotiations, but acknowledges it might not

happen.

McNeel said it's unclear today whether there will be enough money this year

to meet the Ortiz bill's mandate to convene a mold task force comprising

health officers, medical experts, mold abatement experts, real estate and

insurance industries experts and others. DHS must consult with the task

force before establishing any mold-related standards.

It would be up to DHS and the task force to scour academia to find the

research necessary to support setting permissible exposure limits and more

general guidelines for determining if indoor mold is dangerous.

Complicating research on mold and its health effects is how varied people's

responses to mold are, experts say.

A recent report from the California Research Bureau, a nonpartisan agency

within the State Library, offers this analysis of mold's health impacts:

" Certain health effects, such as those related to allergic reactions like

irritation of the eyes, nose, throat, dermatitis, exacerbation of asthma and

respiratory distress, have been proven to be associated with mold exposure. "

The report continues: " Other reported effects, such as fever, flulike

symptoms, fatigue, respiratory dysfunction (including coughing up blood),

excessive and regular nose bleeds, dizziness, headaches, diarrhea, vomiting,

liver damage and impaired or altered immune function, have been identified

in persons who have been exposed to mold via inhalation; however,

limitations in existing science hinder the ability of researchers to

conclusively cite mold exposure as the cause of these health effects. "

The Centers for Disease Control and Prevention states in its mold literature

that " at present there is no test that proves an association between

Stachybotrys chartarum (a mold that releases mycotoxins and that's often

named in lawsuits) and particular health symptoms. "

Still, a major mold-related legal case in Sacramento, in which a jury in

November ruled against a landlord and awarded a couple and their son $2.7

million, proved juries aren't necessarily willing to wait for careful

research to prove plaintiff's alleged health problems.

" If juries believe toxic mold is harmful, that's all that counts, " said

P. Sullivan, an independent insurance industry analyst based in Dana

Point.

Public health specialists attribute society's growing mold concern largely

to more medical knowledge, more media attention and modern construction

methods.

For the sake of energy efficiency, homes, commercial buildings and other

structures built over the past 40 years have become increasingly airtight.

When water leaks inside such buildings or moisture builds up from within,

some experts contend, mold thrives because the buildings simply don't

" breathe " the way older structures do. Modern ventilation systems can also

be culprits, experts say, as can some modern building materials, such as

drywall, which offer mold an excellent food source.

Mold research will continue for years, public health experts say, but much

can be done today to prevent mold in homes, schools and workplaces. Most

notably, they say, indoor environments must be kept dry and well ventilated,

meaning owners and occupants must watch for water intrusion and smell for

musty odors indicative of growth.

" Everybody knows in their heart of hearts that if you want to take care of

your property, you have to keep it dry and clean, " the DHS' McNeel said. " If

it is, it won't get moldy, and the occupants aren't going to experience

health problems due to that. "

About the Writer

The Bee's LePage can be reached at (916) 321-1065 or

alepage@...