Federal Mold Law

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Subject :

Mold Law

Date :

Fri, 8 Mar 2002 09:59:59 EST

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MessagesDraftsTrash Canflyer interest/wacmaflyer/seminar interestimp.

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I have made friendly changes to the Mold Law, SD23243/HD4879, that we

discussed with Senator O'Leary yesterday. The two changes are in sections

12669.5 and 12669.35. Please have this bill marked up with the changes and

moved along the legislative process to establish a hearing date.

In the mean time, I am writing another law that is shorter and also deals

with the health issues of mold. This will take a little longer due to the

many people and professionals nationwide that have offered to help me. I do

not want any delay in having the current bills brought to a hearing as soon

as possible. These two bills have been in the legislative process for some

months. Any delay in hearings might be considered as a stalling tactic.

Attached are the two modified sections. I will send the entire bill, with

the changes in to separate emails due to the size of the document.

12669.34. (a) In the event that the mold was a by product, or the result, of

construction that was performed, or allowed to be performed, in violation of

any local, state or federal building, fire, construction, health, plumbing,

electrical or safety codes or standards, the builders, architects, plumbers,

electricians or other trades people involved with the construction of the

structure, to include the local or state government building inspectors that

allowed the illegal, unsafe and unhealthy construction and issued a

Certificate of Occupancy for the dwelling, shall be held legally and

financially liable to the dwelling owner. A monetary fine of one thousand

dollars a day, from the date of notification to the parties responsible for

the defective and illegal construction, shall be charged the parties

responsible.

( This Section shall override any other Massachusetts law that holds

inspectors and/or the employing municipality or state entity not liable for

failures to inspect or for faulty, inaccurate or incomplete inspections.

© In the event that mold is found in a dwelling and there is insurance

coverage for the dwelling, the insurance company will immediately, upon

notification by the dwelling owner(s), hire a company licensed by State, or

recognized as a National leader in mold removal, to remove the mold and all

of the conditions that caused it. They will then replace all of the affected

areas and materials with comparable or better quality materials. Should the

insurance company fail to act on the removal of the mold within five

business days of them receiving notification the insurance company will pay

the effected dwelling owner the sum of one thousand dollars a day, from the

first date of notification, for each day until the dwelling is made safe and

healthy and brought into compliance with all local, state and federal health

and safety codes and laws.

(1) Should an insurance company have three failures to obey this

section, they will lose their authorization and license to issue any new

policies in the Commonwealth for one calendar year. This will be termed as

the three strikes and you are out ruling. This will not preclude them from

having to fulfill the terms of all of the other insurance policies they have

in effect within the Commonwealth. The commencement of the " three strike "

rule being effective shall be the date of the third claim/notification of

mold within the Commonwealth.

12669.35. This Chapter shall be implemented immediately upon passage.

12669.5. (a) If and when the department adopts permissible exposure limits

to mold in indoor environments, and it is understood that people with under

developed immune systems, people with immuno-compromised systems and others

are impacted differently, the department, in cooperation with the task force

convened pursuant to Section 12669.3 shall:

(1) Adopt permissible exposure limits to mold for indoor environments

that avoid adverse effects on health, with an adequate

margin of safety, and avoid any significant risk to public

health. These standards will be developed for different

categories of people be they infants, toddlers, elderly, pregnant and

nursing women, asthmatics, allergic individuals, immuno-compromised

and otherwise healthy persons.

(a) When determining the technological and economic feasibility of

compliance with the proposed permissible exposure limits

for molds, the department may only consider the health

and welfare of the citizens as the governing rule of law

and

( Toxicological studies and any scientific evidence as it

relates to mold.

(2) Notwithstanding paragraph (1), balance the protection of public

health with technological feasibility when it adopts

permissible exposure limits.

(3) The growth indicator known as " Hyphae " , particularly from

mycotoxin- producing molds/fungi, should not be found in

indoor environments. If it is found, immediate steps must

be taken to ensure growth sites and potential host sites

(cellulose and water such as water damaged Sheetrock or plywood)

be eliminated so that a toxic mold infestation is prevented.

(4) Utilize and include the latest scientific data or existing

standards adopted by authoritative bodies.

(5) Develop mandates for removal and assessment for key mycotoxin

producing molds such as Stachybotrys, Chaetomoim, Aspergillus,

(list others).

(6) The mandates for mold remediation and assessment will be based on

information provided by authoritative bodies including FEMA,

EPA, NY City Dept. of Health.

(7) The department may develop alternative permissible exposure

limits applicable for facilities, which may include hospitals,

child care facilities, schools and nursing homes, whose

primary business is to serve members of subgroups that

comprise a meaningful portion of the general population and

are at a greater risk of adverse health effects from molds than the general

population. These subgroups may include infants, children age

6 years and under, pregnant women, the elderly, asthmatics,

allergic individuals, or immune compromised individuals.

(8). The department shall report to Congress on its progress in

developing the exposure limit for molds by July 1, 2003

and shall develop mandates for assessment and

remediation by July 1, 2003.

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