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Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec

Post Number: 709
Registered: 05-2003
Posted on Tuesday, December 01, 2009 - 08:30 am:   Edit PostDelete PostPrint Post

If mold and mildew is found in a commercial building, what obligation does the Owner have to perform remediation; are there any Federal mandates?
Joseph Berchenko
Senior Member
Username: josephberchenko

Post Number: 21
Registered: 08-2003
Posted on Tuesday, December 01, 2009 - 10:22 am:   Edit PostDelete PostPrint Post

Here's some info on subject from EPA:

http://www.iaqa.org/epa/
J. Peter Jordan
Senior Member
Username: jpjordan

Post Number: 374
Registered: 05-2004
Posted on Tuesday, December 01, 2009 - 10:34 am:   Edit PostDelete PostPrint Post

Ooooo... This is a good one. I know of several schools where the school was shut down while remediation was done, but never a commercial building.

It has been some time since I checked, but I believe OSHA may have some regulations or strong suggestions regarding air quality in the workplace.

Of course, it depends on what kind of mold; am assuming that testing has been done and this is the "bad" kind. There are a variety of issues here. Mold will be present in the "best" of buildings, and in some cases mold is your friend (how else would we have wine or beer). Some people are allergic to certain molds and these conditions are worse in young and old people and people with respiratory problems.

The critical issue is how is mold growth being supported. In many buildings (even more recently constructed ones), construction and finish materials are a cafeteria of mold food. The critical culprit is often the presence of water which indicates more serious problems. This can be the result of water infiltration through the building envelope (the building is leaking). The HVAC system may be the culprit; e.g., the systems inability to maintain an acceptable level of humidity or condensation on cold water piping (which may be carrying cold, not chilled, water) which drips onto wall or ceiling systems. There may be an accumulation of "stuff" in HVAC ductwork and filters which is providing a food source.

In these cases the Owner should want to do some maintenance to prolong the building's useful life. The Owner may wish to "market" these maintenance activities as improving the health of the tenants, but the critical concern from a purely capitalistic point of view should be building mantenance to conserve investment.
Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec

Post Number: 710
Registered: 05-2003
Posted on Tuesday, December 01, 2009 - 11:28 am:   Edit PostDelete PostPrint Post

Thanks Jordan, I knew about OSHA's General Duty Clause (SHIB 3-10-10); what I was curious about was if there was any actual laws/codes or if anyone has had an experience with this type of situation.
John Bunzick, CCS, CCCA, LEED AP
Senior Member
Username: bunzick

Post Number: 1139
Registered: 03-2002
Posted on Tuesday, December 01, 2009 - 12:11 pm:   Edit PostDelete PostPrint Post

As far as I know, its the threat of lawsuits that is the motivator--no federal mandate. There is not even agreement by experts yet on when a hazard exists and when it doesn't.
Russell W. Wood, CSI, CCS
Senior Member
Username: woodr5678

Post Number: 149
Registered: 11-2003
Posted on Tuesday, December 01, 2009 - 01:43 pm:   Edit PostDelete PostPrint Post

A few years back we had a building where the builder installed finish materials before the building was closed-in...we got mold galore. As we searched for something legally compelling to force the builder to remedy the situation, we discovered the building code offers no help...the word mold is not even in the building code (Florida Building Code).
J. Peter Jordan
Senior Member
Username: jpjordan

Post Number: 375
Registered: 05-2004
Posted on Tuesday, December 01, 2009 - 04:45 pm:   Edit PostDelete PostPrint Post

My point is that the building owner/manager may want to fix the problem because it would indicate something wrong with the building.

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