By M.A.R.C. BLOG | February 20, 2012 at 07:22 PM EST | No Comments
If your home was built before 1978, a new regulation could affect your remodeling or renovation project. A new federal law requires remodeling contractors who could possibly disturb lead paint during a renovation to be certified and use certain procedures to minimize your exposure.
Q: Why is lead poisoning considered so dangerous?
A: Lead can affect a child’s brain and developing nervous system, lowering their IQ and causing learning disabilities, hearing problems, behavioral problems and slowed growth.
In adults, low levels of lead can lead to high blood pressure and hypertension and can cause damage to the brain, nervous system, stomach and kidneys.
There may be no noticeable symptoms of lead poisoning before the blood level becomes very high and has caused irreversible damage.
Q: How big of a problem is lead poisoning here in Iowa?
A: In Iowa, one out of every 16 children entering school have an elevated blood level for lead poisoning. This is four times the national average. This may be due, in large part, to the large number of houses in our state that were built before 1950.
Q: How do I know if there is lead-based paint in my home?
A: It is estimated that 24 percent of homes built between 1960 and 1978 have some lead, that 69 percent of homes built between 1940 and 1960 do, and that as many as 87 percent of homes built before 1940 do.
Local inspector Garland Groom, of Quality Home Inspections LLC in Cedar Rapids, notes that,” Some homes, even built as recently as 1985, have turned up with large amounts of lead paint.” Although lead paint was outlawed for residential use in 1978, it is still used extensively in commercial paints.
You can hire a certified inspector to find out if there is lead in your home and where it is located.
Q: How is someone exposed to lead in their home?
A: Lead gets into the body when it is either swallowed or inhaled. Low levels can build up in your body over a long period of time.
The most common way to get lead poisoning is from dust. You can see how a home remodeling project could easily disturb some lead-based paint, even if it’s under layers of latex paint. The dust from sanding and other demolition work can be filled with dangerous lead dust.
Q: What types of home renovations are covered by the new lead paint law?
A: Any time more than one square foot of a lead-painted surface is disturbed, the contractor must be certified and follow the new procedures. The new law applies to even small jobs, like window replacements. “Even an electrician that would cut in as few as three electrical boxes would need to be certified,” “It doesn’t take much to meet the requirement.”
Q: What kind of training do remodelers need?
A: An eight-hour class is required with a written test at the end. Then the contractor must apply to the state of Iowa for certification. Every three years they must take a refresher course. For most home renovation projects, the contractor and at least one worker must be certified.
Q: What extra work is required?
A: Contain the work area, sealing off the door to that room and the heating/cooling vents. Avoid renovation activities that create a lot of dust. Clean up well afterward.
Sources: National Association of Home Builders, WebMD
By M.A.R.C. BLOG | February 20, 2012 at 06:58 PM EST | No Comments
Former tenant says management failed to take action months ago
Greenville, SC –
www2.wspa.com Click for full story and video
UPDATE – POSTED 2/14/12
A former AHEPA tenant says management should have taken action last summer when she lodged several complaints about mold in her apartment.
Donna Lewis says she and her husband lived in the building for seven months in 2011. She says her asthma flared up constantly and both she and her husband suffered allergy and sinus problems after moving to the building in February 2011. She says she could see mold in their apartment and complained to the property manager on several occassions but no action was taken to investigate the problem.
“Two days before we moved out, they sent the maintenance man to scrape the mold off our window and vacuum the carpet, and that was it,” says Lewis.
She says many of her neighbors were also complaining of breathing problems and management should have done something long before now to protect them.
John Hayes, AHEPA’s attorney, says management responded appropriately once they had multiple complaints from several residents.
“If it was just one resident complaining last summer, (management) would have believed the mold problem was limited to that person’s apartment,” says Hayes.
He says AHEPA will refund the Lewis’ $546 security deposit. Lewis says she and her husband have not had any more respiratory problems after moving out of the AHEPA building in October.
ORIGINAL STORY – POSTED 2/10/12
A mold infestation has forced 27 senior citizens to evacuate their apartment building in Greenville. The group that manages the building also has two properties in Columbia that have mold.
AHEPA Apartments 242 is located on Woods Lake Drive. AHEPA is a non-profit organization that provides affordable housing for low-income and disabled seniors in 21 states, receiving funding from the US Department of Housing and Urban Development.
25 of the 48 units in Greenville were evacuated Thursday after an environmental testing firm detected “elevated levels of mold” in the 25 units, according to John Hayes, an attorney representing AHEPA. Hayes says some residents complained of allergies and asthma-like symptoms that could be caused by the mold. AHEPA has also partially evacuated two of its apartment buildings in Columbia because of mold.
“We believe it has to do with the way these buildings were built,” says Hayes, who specializes in construction law. “But we have to not only figure out what’s going on; we have to come up with a plan to fix it.”
He says the same general contractor and architect designed and constructed all three buildings. He says AHEPA has filed a lawsuit against the firms, declining to name them because of the pending litigation.
Hayes says the respiratory issues caused by the mold have not created any more serious health problems for the residents.
“I’ve had bad allergies and headaches,” says Caroline Yokim, one of the seniors who was evacuated. “But I’ve had allergies for a long time, so I can’t say for sure that it was caused by anything environmental here.”
The residents are now being housed at local hotels. Hayes says there is no timeframe on how long it might take to get the seniors back into their apartments.
“We still have to find the exact cause of the mold and fix it because if we don’t fix it, the mold will come back,” says Hayes.
He says an investigation of the two buildings in Columbia showed the structures were built without critical moisture-diversion material that is supposed to be placed between the exterior walls and the facade. The Greenville building will be investigated soon.
Environmental crews were busy Thursday de-contaminating the affected apartments and cleaning residents’ belongings.
By M.A.R.C. BLOG | February 06, 2012 at 12:18 AM EST | No Comments
Has Mold Invaded Your Florida Home? Although mold originates from microscopic spores, mold itself is usually easy to detect.
While testing is sometimes used to determine the presence of mold, generally a visual investigation with your eyes and nose can tell you if mold is present.
Some signs of mold include:
■ Visible mold growth. Mold can appear in a variety of textures and colors; it often appears as a discoloration, stain, or fuzzy growth. ■ Musty or earthy odors. ■ Water damage and discoloration around the area of the damage
1. Fixing the Moisture Problem: Mold cannot grow without moisture.
2. Drying of Wet Materials: Especially when overflow or flooding has occurred, drying of wet materials should begin immediately to stop mold growth. Fans and dehumidifiers can help in this process. You may need to discard the items if you cannot dry them well within 48 hours.
3. Treatment or Disposal of Contaminated Materials: Before beginning mold treatment and clean up, you should consider using protective equipment.
4. Cleaning of Surfaces: Non-porous materials such as hard plastic, concrete, glass, metal, and solid wood can usually be cleaned of mold.
5. Disinfecting Surfaces: After cleaning hard surfaces, you may choose to disinfect them if they have been wet for a period of 72 hours or longer.
6. Closing the Door on Mold: Mold will take any opportunity to grow in your home. Stay alert for moisture problems, musty odors, and other signs that mold may be forming.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | February 06, 2012 at 12:03 AM EST | No Comments
Florida Mold Information On Health Department Website
Mold is a fungi that travels through the air as tiny spores, and can grow and spread quickly under wet conditions.
Mold can irritates the eyes, nose and throat and can cause serious reactions and respiratory problems.
The Florida Health Department offers detailed information about mold cleanup on its website at www.healthvermont.gov. Including detailed instructions for cleaning homes, yards and properties, disinfecting and testing drinking water, and food safety.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | February 05, 2012 at 11:52 PM EST | No Comments
Symptoms Of Florida Household Mold Exposure Exposure to mold in central florida and orlando area homes has several symptoms. Mold can cause serious problems in many people. Here are the More Common Symptoms:
1. Skin Rash – You can develop redness in your skin simply from inhaling the fumes from the mold.
2. Eye Irritation – Mold can cause both redness and watering of the eyes.
3. Headaches – Breathing in mold can cause headaches in some people. This is especially true of people who suffer with migraines.
4. Feeling Tired – Feeling tired for several days in a row
5. Sore Throat – Experiencing a raw feeling when swallowing or hoarseness when speaking
6. Shortness of Breath - Breathing in mold spores can cause respiratory difficulties in some people
7. Runny Noses – If you are constantly reaching for a tissue to catch your runny nose this can also be a strong symptom of mold exposure.
By M.A.R.C. BLOG | January 13, 2012 at 12:41 PM EST | No Comments
By: Monica McNeal | WSAV-TV Published: January 07, 2012
Winter is a tough time for children with asthma. As the temperature drops and kids are more exposed to colds and flu germs at school, the opportunity for asthma to be triggered greatly increases.
According to the Journal of Alllergy and Clinical Immunology. Three ways winter is tough on kids with asthma and their families: kids are indoors and exposed to more germs and pollutants, kids with asthma miss more school in the colder months, and last there are more emergency room visits from asthma suffers.
Doctors say that the key to a successful episode-free winter is symptom control. They suggest to minimize exposure to triggers and to become more vigilant about taking asthma medications. But asthma triggers are not completely within the sufferer's control. Even when a parent is diligent about germ control-like getting everyone in the household flu shots, and being careful about environmental irritants such as using low allergy cleansers and household products; doctors strongly recommend being especially diligent about sticking to prescribed medication regimens.
By M.A.R.C. BLOG | January 13, 2012 at 12:10 PM EST | No Comments
IAQA 15th ANNUAL MEETING & INDOOR AIR EXPO: MARCH 5-7 IN LAS VEGAS Register by January 31st and Save $50!
The Technical Committee is excited about the high quality of the presentations selected for the program this year. The most important objective of the technical committee this year was to bring ever stronger presenters and more solid presentations to the conference.
A major theme throughout the program is to clearly cite the science underpinning our practices - or to acknowledge where there are gaps in the science. List of speakers and sessions available here. Full conference details and online registration at www.iaqa.org/expo
By M.A.R.C. BLOG | November 25, 2011 at 01:01 PM EST | No Comments
TITUSVILLE — It could cost as much as $200,000 to rid the Titusville Police Department Headquarters of mold. According to a city report, about 30 percent of the building has evidence of mold.
The Titusville City Council tonight will vote on a $200,000 budget amendment for the mold remediation project at the building at 1100 John Glenn Blvd.
Mold was discovered behind wallpaper in several offices in the building on Oct. 21, and the city has been working with private companies to correct the problem.
“We’re moving with a sense of urgency,” Titusville Support Services Director Tom Abbate said.
In a report prepared for tonight’s council meeting, Abbate said testing indicated that five offices at police headquarters “were found to have hazardous levels of mold” and 37 other offices “needed various lesser levels of mold remediation and renewal.”
“We’re erring on the side of caution,” Abbate said, in doing work in parts of the building that had what were considered nonhazardous levels of mold.
Abbate blames the mold in the 27-year-old, 40,000-square-foot building on water intrusion through the roof and windows of the building.
Abbate said environmental testing is complete, and the remediation is about half-done. Next, the city will hire a company to do repairs to the building, including replacing drywall, repainting and replacing carpeting. He hopes to have the work completed by early January.
In the meantime, some police staff members who worked in affected areas have temporarily moved to other parts of the building not affected by the mold issue.
In his report, Abbate said the council has no alternative but to approve funds for the project, saying: “Immediate remediation of existing mold and the timely return of the affected spaces to a safe, operating condition is essential to maintain the operational efficiency, and health and well-being of city employees.”
Titusville police and public works officials have deferred comment on the issue to Abbate, on direction of City Manager Mark Ryan.
In a previous prepared statement about the mold problem, issued Oct. 31, the police department said that “despite the challenges this represents, the building issues will not affect service levels” to the public, “and all operations will continue as we relocate employees temporarily.”
In that statement, Titusville Police Chief Tony Bollinger said, “Our concern, first and foremost, is the welfare of our employees.”
Abbate said, if the city council approves the plan, funding for the project will come from money previously budgeted as a match for a federal economic development grant the city sought, but that was not awarded.
Your eyes are watering, your throat is dry and itchy, your head hurts and you’re finding it hard to breathe. If these symptoms last longer than the typical cold — and you don’t normally suffer from allergies — they may be signs of poor indoor air quality.
Whether at home or at work, persistent exposure to pollutants in the air can have serious effects on your health. How do you achieve healthy air quality? Here’s what to look for, and a few tips for cleaner, more breathable air.
Causes of poor indoor air quality
According to the United States Environmental Protection Agency, poor indoor air quality is associated with illnesses like asthma, hypersensitivity pneumonitis, and what’s known as ‘humidifier fever.’ In addition to allergy-like symptoms, people who sit for hours in buildings with polluted air may experience unusual levels of fatigue, dizziness, nausea, irritability and forgetfulness. If symptoms of illness seem to abate when you leave your home or office, that’s a strong sign pointing to air quality issues.
There are many factors that detract from healthy air quality indoors. In poorly ventilated structures, pollutants like asbestos, formaldehyde and other volatile organic compounds can build up in the air. These toxic compounds are emitted by products like cleaning supplies, air fresheners, insulation, carpeting, adhesives, office equipment and hobby products. Pollutants resulting from combusting appliances like oil heaters, woodstoves and gas cookstoves, can also be retained indoors.
Improper ventilation not only prevents these pollutants from leaving the building, it can also introduce outdoor pollution like automobile exhaust, boiler emissions and fumes from dumpsters into the air inside due to poorly located air intake vents.
How to achieve healthy air quality
First and foremost, check your ventilation systems. Have a professional inspect and service your home’s HVAC system on a regular basis as well as any ventilation associated with appliances, including your chimney.
While having a tightly sealed home is great for conserving energy, you should ensure that the air within your home is refreshed on a regular basis. Use window or attic fans when weather permits, and install bathroom and kitchen ventilation fans to push potentially polluted air directly outdoors.
Limit pollutants inside your home by storing items like pesticides, paints and thinners, adhesives and fuels in a shed or garage. Choose non-toxic cleaning products and household items with no- or low-VOCs including furniture, finishes, carpeting, bedding and drapery.
It’s also a good idea to grow an indoor garden. House plants like ficus, bamboo palms, pothos and peace lilies actively work to strip pollutants out of the air. These plants will not only beautify your space and bring in a little of the outdoors, but act as a natural air filter.
If you live in an apartment, take steps to temporarily increase the ventilation indoors. Avoid blocking air supply vents, and open the windows every now and then to let in fresh air. Speak to your building management about following the EPA‘s Building Air Quality guidelines.
If your’e concerned about the air quality in your workplace, talk to your co-workers, supervisors and union representatives to see if others are experiencing similar adverse health effects and discuss possible solutions with your employers. If your building managers refuse to address the problem, you can call the National Institute for Occupational Safety and Health (1-800-35NIOSH) to learn about obtaining a health hazard evaluation of your workplace.
By M.A.R.C. BLOG | November 25, 2011 at 12:36 PM EST | No Comments
By Associated Press, Published: November 16
NEW ORLEANS — A settlement outlined Wednesday between a major manufacturer of Chinese-made drywall and homebuilders who used the tainted product in Florida, Texas, Louisiana and Mississippi could affect anywhere from 800 to 1,500 homes, attorneys said.
Lawyers called it a significant step toward resolving problems with some 10,000 buildings blamed on the drywall. Read More
By M.A.R.C. BLOG | November 14, 2011 at 11:14 AM EST | No Comments
Specialty certification programs are a benefit to consumers and professionals alike.
Certifications with a narrow focus are the best way for professionals to explain their expertise to potential customers – and the best way for consumers to find experts who can help them.
Specialty certifications give specific information about skills and experience that broad, industry-wide designations cannot duplicate.
Whether you are a professional or a consumer, look for specialty certifications that match your needs – you’ll be connected with the right people in no time! Did you know? All decisions to award an ACAC certification are made by unanimous agreement of a board of expert industry volunteers.
No paid staff members participate in ACAC board-awarding decisions at any time. Currently, more than 100 industry experts serve on ACAC certification boards.
By M.A.R.C. BLOG | November 13, 2011 at 02:12 PM EST | No Comments
PALM BEACH GARDENS, Fla. -- A woman who moved to our area from upstate New York recently has had quite a time. It has been a frustrating, agonizing experience. The reason? She used a PODS moving container, and somehow it developed some cracks in the roof, causing much of her stuff to get wet and moldy. Kellie Tracy looked through some of her belongings covered in mold. It fills her garage in Palm Beach Gardens. Framed pictures of loved ones, moldy and water-damaged. Antique furniture with mold on it, box springs with mold damage. Family photos and snapshots that are stuck together. Things she can't replace. "These are my mothers day cards from my kids that are still wet!" said Kellie. How did Kellie's stuff get so moldy and water-damaged? She says a PODS moving container that she used when she moved from Oneida, New York to South Florida somehow got damaged while in transit or in storage. Cracks in the top of the PODS container, allowed moisture to seep in and soak all of her belongings. She didn't realize there was a problem until the PODS container was delivered to her new address in Palm Beach Gardens last week. "My boxes were soaking wet, slimy, black. It was disgusting, I mean it was disgusting," said Kellie. Clothing, flat screen TV's, photos, pillows, antique furniture. Mold on almost al of it. Belongings she acquired over a lifetime, ruined in a few months. "There's tons and tons of black mold. That I have literally fished out of boxes trying to salvage you know just a few of my personal things. There's tons and tons of stuff that I have just thrown away," said Kellie. She never dreamed a move could turn out so bad. "My pictures are priceless. So there is no money that is going to bring back my children's pictures and the memories that those pictures held for me. It's sad!" said kellie. Kellie told us that at first she had trouble getting anyone with PODS to return her calls or deal with the situation. However, they have refunded the nearly $3,000 she paid to rent the container, store it and ship it to Florida. PODS sent us this statement: "We extend our most sincere apology to Ms. Tracy. This was a very unfortunate and isolated occurrence and we will continue to work with Ms. Tracy towards an amicable and expeditious resolution." Dwayne Van Horne, PODS Kellie says PODS sent a representative and an insurance adjustor out to inspect her belongings and try to place a value on what she has lost. She says she hopes to find out in a week or two how much they will pay to reimburse her.
By M.A.R.C. BLOG | November 13, 2011 at 01:58 PM EST | No Comments
TALLAHASSEE — An analysis of Florida’s hurricane insurance system shows that reform to the Florida Hurricane Catastrophe Fund (FHCF) is necessary, but the impacts on the system as a whole must be understood before action is taken, according to Risk & Reform, a report released today by Florida TaxWatch, the nonpartisan, nonprofit, research institute and government watchdog.
The report examines the financing of the hurricane insurance system and analyzes existing proposals to modify the FHCF to determine the costs and benefits of these proposals and their effects onother components of the system.
“Florida’s property insurance system is broken and reforms are clearly needed to promote a functioning market that will encourage private insurers to return to Florida and reduce taxpayer liability,” said Dominic M. Calabro, president and CEO of Florida TaxWatch. “It is especially important that the state-run entities, Citizens Property Insurance Corporation (CPIC) and the Florida Hurricane Catastrophe Fund, which are designed to protect Floridians from the financial impacts of a hurricane destroying their home, are reformed before the next major storm makes landfall.”
The report outlines the interrelated parts of the system, examines how they are financed, and details the substantial exposure of CPIC and the current concentration of risk. Most importantly, while others have simply called for reform, this Florida TaxWatch report quantitatively analyzes several proposals for reforming the FHCF.
The report finds that currently proposed reforms will reduce the probability, frequency, and amount of potential FHCF assessments on the businesses, consumers, charities, auto owners and others who ultimately pay the FHCF Emergency Assessments, but will increase premiums.
According to the analysis, different reform proposals come with different costs and benefits. All of the reform proposals analyzed in this report would reduce the probability of Emergency Assessments from the FHCF, which would affect nearly all Floridians, but each shows an estimated increase in policy cost for the median policy owner. One proposal would raise the median policyholder’s cost by an estimated $19.25 annually (representing the lowest increase of the proposals analyzed), while the proposal with the highest cost would increase the same policyholder’s cost by an estimated $173.04 annually.
The report also notes that any reduction in exposure for the FHCF via reform increases the net exposure to CPIC, private insurers and reinsurers, Florida Insurance Guaranty Association (FIGA), and the State of Florida. Some immediate legislative reform of the FHCF is necessary because the latest estimate of bonding capability of the FHCF indicates that it is $3.2 billion short of funding its statutory obligations. That means that unless the reforms are made, FHCF will be selling reinsurance to insurance companies that may be unable to meet all of their obligations.
Based on the analysis, Calabro noted, “It is clear that reform is needed, but it is vital that any reform proposals are carefully analyzed to clearly understand the effects on the other components of the insurance system.”
Click here to view this report: Risk & Reward
This report continues our ongoing look at Florida’s insurance systems. For previous research on this topic, please see the Florida TaxWatch April 2009 Special Report, “Florida’s Financial Exposure from Its ‘Self Insurance’ Programs,” available here.
By M.A.R.C. BLOG | November 13, 2011 at 01:42 PM EST | No Comments
Written by Don RuaneCape Coral news Cape Coral resident Ryan Tronchet won't get $468 back from the city as part of its plan to help homeowners who replaced Chinese drywall by waiving their permit fees, the City Council decided Monday.
City officials agreed that he presented evidence that he owned the home and had a Chinese drywall problem. He said he had headaches and rashes that cleared up after the drywall was replaced in 2010.
But it was a concern that many others would apply for the refund and that Tronchet's remediation was done before the city adopted the program that hurt his cause.
"My fear here is the floodgate that will open. There are many people out there who fit our criteria," Councilman Marty McClain said. "This will not be the last one if we approve this."
Tronchet was just the second resident to ask for the waiver since the council created the program in June.
The vote was a 4-4 decision with Councilmen McClain, Derrick Donnell, Erick Kuehn and Kevin McGrail voting against the motion to pay Tronchet.
"I just want to be treated equally," Tronchet said. "I wouldn't be here if it wasn't for this resolution."
The waiver program expires June 30, 2015, unless extended by council. Homeowners who qualify must have continuously owned the home and applied for the original building or construction permit anytime from 2003 to 2010.
Millions of sheets of Chinese drywall imported mainly between 2004 and 2008 emitted a foul smell and sulfur compounds that corroded air conditioning coils, electrical wiring, appliances, jewelry and other metal items in the home.
The drywall was found in thousands of homes in 41 states and Puerto Rico. In Lee County, at least 1,500 homes were affected.
Cape Coral issued 330 permits worth about $160,000 for Chinese drywall remediation, said city building official Paul Dixon.
Most of those permits were acquired by "foreclosure vultures and real estate flippers" who won't qualify for the waiver, said Councilman Chris Chulakes-Leetz.
The money to cover the waivers has to come from the general fund, said Councilman Kevin McGrail. There has to be a starting point for the city's programs, he said.
The $50,000 saved by the city when it changed its membership status in the Southwest Florida Regional Planning Council could be used to pay Tronchet, said Chulakes-Leetz, who assisted Tronchet with his appeal for the money.
"It's up to us to step up to the plate and take some of the responsibility that we should,"said Councilman Pete Brandt.
The city's inspectors missed the problem and issued a certificate of occupancy, Brandt said.
By M.A.R.C. BLOG | November 13, 2011 at 01:28 PM EST | No Comments
The symptoms started the day Maj. Todd Hutchinson moved into his new office at the Titusville Police Department’s headquarters: constant coughing, sore throat, stuffy nose.
“It was similar to hay fever,” said Hutchinson, who had been promoted to take over the department’s administrative services division. “I assumed it was allergies, but I suspected the building.”
Hutchinson and his predecessor, Maj. Doug Massey, knew there were problems with the 37,000-square-foot building at 1100 John Glenn Blvd. The roof has leaked since the 2004 hurricanes, and the department has requested repairs every year since.
The money was never available, however, until this year: In September, contractors patched the roof.
But it sprung two fresh leaks during the Columbus Day weekend storm that dumped 1 foot of rain on parts of Brevard County. Hutchinson walked into his office, and the carpet squished under his feet: It was saturated with water.
For police officials, it was the last straw — a sign that couldn’t be ignored.
An expert’s testing revealed that mold had been festering beneath the carpet and in the walls “for years,” Hutchinson said. The air quality in his office was deemed hazardous.
Five offices, including the Chief Anthony Bollinger’s, were sealed Monday morning as workers started to perform emergency repairs: new carpets, ceiling tiles, sheetrock. Five other offices and the records division require cleaning and will be temporarily relocated. There is no timetable for the fixes to be completed.
City officials declined to estimate the financial impact. Several employees, including Hutchinson, also plan to seek funding for medical bills through workers’ compensation insurance.
Tom Abbate, the city’s support services director, said interior repairs have been made “piecemeal” since 2004. But extensive work couldn’t be done until the roof was fixed.
“The police building is a high-maintenance building, and we do as much as we can with the funding available,” Abbate said. “But whatever this costs, we have to take care of it. It’s not a discretionary item.”
Most of the problems are confined to the east side of the building, which was built for Lockheed in 1984. The city paid $2 million for it in 1997.
Hutchinson said the public shouldn’t be affected.
“We are in the business of dealing with crises,” Hutchinson said. “We’re using our training to work through this.”
By M.A.R.C. BLOG | November 13, 2011 at 01:07 PM EST | No Comments
The Air Conditioning Contractors of America Educational Institute (ACCA-EI) Standards Task Team (STT) announces an American National Standards Institute (ANSI) 3rd public review period for a new standard "Existing Home Evaluation and Performance Improvement." This third public review period, started on November 4, 2011, will close at 5:00pm Eastern Time on December 4, 2011.
Due to the limited number of revisions to the standard for this public review, the revisions are presented in a two-page table. Only the revisions in these two pages are subject to review and comment. The table indicates changes to the proposed standard via underline (for additions) and strikethrough (for deletions) along with the rationale for the change.
The proposed standard identifies the metrics, tolerances, approved procedures, and required documentation to (1) evaluate the current performance, (2) establish the basis to create performance improvement specifications, (3) identify approved approaches to implement the specified improvements, (4) and establish the procedures to objectively assess the performance change of the completed improvements.
This standard is referenced as BSR/ACCA 12 QH – 201x (Existing Home Evaluation and Performance Improvement) and the required response form can be downloaded at http://www.acca.org/ansi. Comments must be submitted on the response form in accordance with the instructions on the form. Comment response forms and questions for this third public review must be addressed to Dick Shaw at standards-sec@acca.org.
By M.A.R.C. BLOG | November 13, 2011 at 12:39 PM EST | No Comments
Toxic chemicals can be found everywhere we look. Whether they are in your home, or the ground underneath, it is important to be aware of chemicals with which you and your family may come in contact.
What is asbestos? Asbestos is a naturally occurring mineral that was incorporated into more than 5,000 products in the 1980’s. This mineral has excellent insulating and fireproofing characteristics which is why it was commonly used for commercial purposes. This toxic mineral can be found in various deposits throughout the world; the environmental hazard surrounding asbestos still exists today.
Where has it been used? As previously mentioned, asbestos has been used in thousands of products. Some of these products include household items, paper goods, automobiles, heating and cooling systems, and even in the construction materials used to possibly build your house. The majority of these materials are commonly found in construction materials used to in buildings and homes. Asbestos has such a high resistance to heat it was used in many heating systems and insulation. High concentrations of airborne asbestos can occur after these materials are disturbed by improperly trying to remove the materials or a remodeling project.
Why is it toxic? Mesothelioma is a rare form of cancer almost exclusively caused by asbestos exposure. Due to a severe latency period of symptoms ranging between 20 and 50 years from the time of exposure, mesothelioma cancer is often diagnosed in a late stage of development.
This tendency for late diagnosis often complicates mesothelioma treatment options; as a result, the average mesothelioma life expectancy is 4 to 18 months. There is no cure for this cancer; but, some patients who were diagnosed early enough have survived mesothelioma. For this reason, it is important for anyone exposed to asbestos to seek regular medical exams to check for signs of asbestos disease.
The best way to prevent exposure to asbestos is to learn about it, however regardless of the knowledge that is now available, not everyone takes the proper precautions that are needed to prevent exposure. Prevention in the workplace can be as simple as wearing protective gear or breathing devices. Since so many homes were built with asbestos containing products, the majority of household exposure comes from renovations, or do-it-yourself home projects. Once the asbestos is disturbed you are at risk for exposure, so it is important to have professionals involved, or the areas tested for asbestos in advance.
The Mesothelioma Center at Asbestos.com was created to assist patients affected by asbestos-related disease. Visit www.asbestos.com for more information regarding asbestos exposure. You can “like” us on Face book and “Follow” us on Twitter for daily updates and news articles surrounding asbestos and asbestos related diseases.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
When the winter winds start to howl, it's a natural response to want to close your home up tightly. To stay warm and avoid wasting energy, you close the windows - or even seal them with window film -- find ways to stop air from leaking in through cracks and under doors, and then put your heating system to work. But when those instincts kick in, remember that what you're doing is sealing air inside your home.
There's a definite upside to sealing your house up well for the winter: you'll stay warmer, with less impact on your energy bills. However, the downside is that those actions can negatively affect the quality of the air you'll be breathing. It's a particular concern because of the increased amount of time people spend indoors through the winter.
Heating, ventilation and air conditioning (HVAC) systems have been shown to act as a collection source for a variety of contaminants that have the potential to affect health, such as mold, fungi, bacteria and very small particles of dust. According to the U.S. Environmental Protection Agency, indoor air can be two to five times more polluted than outdoor air.
"When you flip that switch on your heater, there is a lot of dust and debris - collected in the coils over the summer months - that either burns into fumes or gushes into the house through your vents," says Aaron Marshbanks, board member of the National Air Duct Cleaners Association (NADCA).
By M.A.R.C. BLOG | October 26, 2011 at 10:29 AM EDT | No Comments
New campaign urges businesses to fit ventilation systems that comply with European guidelines
By Jessica Shankleman
14 Oct 2011
Concerns about air quality in the workplace have until now tended to focus on little more than complaints about dripping air conditioning units or funny smells coming from the communal fridge in the kitchen.
But now a new campaign is seeking to highlight the financial and health implications of poor indoor air quality, which can often be more harmful than outdoor pollution, according to experts.
The initiative, launched by the Campaign for Clean Air in London yesterday, argues that better indoor air quality (IAQ) can help businesses reduce energy costs and carbon emissions, while also improving the health and productivity of employees.
Simon Birkett, founder of the Campaign for Clean Air in London, said the best filtration systems can help businesses protect employees from 90 per cent of air pollutants for up to 90 per cent of the time.
Indoor air can become polluted by particulates that seep in from outside or from internal sources such as air conditioners, radiators, cigarette smoke and even scented candles.
By M.A.R.C. BLOG | October 26, 2011 at 10:18 AM EDT | No Comments
So Md News
Chip Jackson, associate vice president for planning and facilities, said the college is working on a plan with construction contractors now for the mold remediation and said it would be "at least a couple weeks" before students move back into the residence halls. He said he hopes the work will be done before the end of the semester, which is in mid-December. "Any institution will have a mold issue here, a mold issue there," Jackson said, but this systemic mold problem is so severe that it is forcing the evacuations of both Prince George and Caroline residence halls.
By M.A.R.C. BLOG | August 03, 2011 at 09:28 AM EDT | No Comments
When Filing Insurance Claims:
When filing your claim, complete a precisely detailed estimate of what is required to repair or rebuild your property. Assist in the preparation of inventories for damaged personal property, contents, and related items. With your help in providing correct documentation, and determining ages, descriptions and determine the approximate current values.
Have your losses or additional living expenses ready to submit in your claim. Establish a professional line of communications with the insurance adjuster and present estimates, inventories, and other valuations to the insurance adjuster.
A Public Adjuster can meet with your insurance company to adjust your claim fairly and equitably, thus resulting in an acceptable settlement to you.
You will need a very well written report detailing all Hurricane and Storm related damages with photos.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | August 03, 2011 at 09:11 AM EDT | No Comments
The Saffir/Simpson Hurricane Scale
A 1-5 rating based on a hurricane’s present intensity, used to give an estimate of the potential property damage and flooding expected along the coast from a hurricane landfall. Wind speed is the determining factor in the scale, as storm surge values are highly dependent on the slope of the continental shelf in the landfall region.
Category 1
Winds 74-95 mph (64-82 knots or 119-153 km/hr) – Storm surge generally 4-5 ft above normal. No real damage to building structures. Damage primarily to unanchored mobile homes, shrubbery, and trees. Some damage to poorly constructed signs. Also, some coastal road flooding and minor pier damage.
Category 2
Winds 96-110 mph (83-95 knots or 154-177 km/hr) – Storm surge generally 6-8 feet above normal. Some roofing material, door, and window damage of buildings. Considerable damage to shrubbery and trees with some trees blown down. Considerable damage to mobile homes, poorly constructed signs, and piers. Coastal and low-lying escape routes flood 2-4 hours before arrival of the hurricane center. Small craft in unprotected anchorages break moorings.
Category 3
Winds 111-130 mph (96-113 knots or 178-209 km/hr) – Storm surge generally 9-12 ft above normal. Some structural damage to small residences and utility buildings with a minor amount of curtainwall failures. Damage to shrubbery and trees with foliage blown off trees and large tress blown down. Mobile homes and poorly constructed signs are destroyed. Low-lying escape routes are cut by rising water 3-5 hours before arrival of the hurricane center. Flooding near the coast destroys smaller structures with larger structures damaged by battering of floating debris. Terrain continuously lower than 5 ft above mean sea level may be flooded inland 8 miles (13 km) or more. Evacuation of low-lying residences with several blocks of the shoreline may be required.
Category 4
Winds 131-155 mph (114-135 knots or 210-249 km/hr) – Storm surge generally 13-18 ft above normal. More extensive curtainwall failures with some complete roof structure failures on small residences. Shrubs, trees, and all signs are blown down. Complete destruction of mobile homes. Extensive damage to doors and windows. Low-lying escape routes may be cut by rising water 3-5 hours before arrival of the hurricane center. Major damage to lower floors of structures near the shore. Terrain lower than 10 ft above sea level may be flooded requiring massive evacuation of residential areas as far inland as 6 miles (10 km).
Category 5
Winds greater than 155 mph (135 knots or 249 km/hr) – Storm surge generally greater than 18 ft above normal. Complete roof failure on many residences and industrial buildings. Some complete building failures with small utility buildings blown over or away. All shrubs, trees, and signs blown down. Complete destruction of mobile homes. Severe and extensive window and door damage. Low-lying escape routes are cut by rising water 3-5 hours before arrival of the hurricane center. Major damage to lower floors of all structures located less than 15 ft above sea level and within 500 yards of the shoreline. Massive evacuation of residential areas on low ground within 5-10 miles (8-16 km) of the shoreline may be required.
John P. Lapotaire, CIEC Certified Indoor Environmental Consultant Microshield Environmental Services, LLC www.Microshield-ES.com
By M.A.R.C. BLOG | August 02, 2011 at 09:35 AM EDT | No Comments
The flooding of your home by untreated or inadequately treated groundwater is responsible for a number of outbreaks of gastrointestinal illnesses that occur every year throughout the United States. In many of these outbreaks, sewage was most often identified as the contamination source.
Past flooding events in Florida have created sewage contamination problems, however simple testing solutions can provide fast information to business and homeowners.
Here at Microshield Environmental Services, LLC, we test for sewage contamination by testing for certain indicator organisms (total coliforms, fecal coliforms, E.coli, and Enterococcus). These indicator organisms are assumed to be indigenous to feces, and thus their presence in environmental samples is indicative of fecal contamination. We also provide our clients with more definitive answers by testing for individual pathogens such as Salmonella, Giardia, and Cryptosporidium.
If you think you have a sewage, bacteria, or mold contamination problem, either in ground water or other bulk material, please contact Microshield Environmental Services, LLC. for information on your indoor environmental testing needs.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | August 02, 2011 at 09:19 AM EDT | No Comments
Storm Damage Assessment and Environmental Testing
National attention has brought mold and indoor air quality to the forefront of your clients’ concerns. Many clients have become knowledgeable about mold infestations and health issues.
By understanding what is hype and what is truth, you can recommend a certified Indoor Air Quality Specialist who will assess and analyze the property. The solutions recommend by a specialist will allow you and your client to move forward with the transaction quickly, efficiently, and effectively.
After The Clean Up Make Sure Your Home Is Free Of ;
By M.A.R.C. BLOG | August 02, 2011 at 09:03 AM EDT | No Comments
Florida Storm and Hurricane Terms:
· Tropical Depression – an organized system of clouds and thunderstorms with a defined circulation and maximum sustained winds of 38 mph (33 knots) or less.
· Tropical Storm – an organized system of strong thunderstorms with a defined circulation and maximum sustained winds of 39 to 73 mph (34-63 knots).
· Hurricane – a warm-core tropical cyclone with maximum sustained winds of 74 mph (64 knots) or greater.
· Eye – center a hurricane with light winds and partly cloudy to clear skies. The eye is usually around 20 miles in diameter, but can range between 5 and 60 miles.
· Eye Wall – location within a hurricane where the most damaging winds and intense rainfall are found.
· Severe Thunderstorm – a thunderstorm with winds 58 mph or faster or hailstones three-quarters of an inch or larger in diameter. · Tornadoes – violent rotating columns of air that touch the ground; they are spawned by large severe thunderstorms. They can have winds estimated from 100 to 300 mph.
· Tornado Watch – tornadoes and severe thunderstorms are possible. · Tornado Warning – tornadoes are detected in your area. Take shelter!
By M.A.R.C. BLOG | July 05, 2011 at 05:06 PM EDT | No Comments
Enforcement of Unlicensed Activity for Mold Assessors and Mold Remediators will begin July 1, 2011
In addition, this delay helped to identify any unintended consequences of the new legislation and present possible solutions during the 2011 Legislative Session.
Starting on July 1, 2011, the full enforcement of mold assessor and mold remediator licensure requirements per Chapter 468, Part XVI, Florida Statutes.
This means anyone holding themselves out to be a mold assessor or mold remediator needs to be licensed through the Department of Business and Professional Regulation.
By M.A.R.C. BLOG | July 04, 2011 at 02:11 PM EDT | No Comments
Florida House Bill 849 was intended to not prevent a home inspector from using the word “mold” in an inspection and to not interfere with a home inspectors ability to perform his duties when inspecting a home.
It wasn’t intended to allow home inspectors to perform a mold inspection without a license.
HB 849 specifically prevents home inspectors from referring to themselves as a “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure.
To perform a mold inspections and refer to themselves as mold assessors, or any other combination of the professional terms listed above, a home inspector must be Licensed by the State.
The collection of air samples is considered to be part of a mold assessment and NOT within the scope of a home inspection. The collection of air samples is an additional service offered by some home inspectors and sold as a mold assessment.
Some home inspectors and some laboratories want the ability to collect air and swab samples without the need of training and a license. For them it’s a scramble for easy cash. For others the need for training to provide their clients with a professional mold assessment the state license was a no brainer, an added feather in their cap.
A trained and licensed mold assessor (which includes hundreds of very qualified and mold licensed home inspectors) knows that samples alone provide nothing to the client but a third party lab report, no cause and origin, no repair or protocol, and no understanding of the actual findings.
The public will need to make the decision to utilize a home inspector without a mold assessor license to collect air samples or to hire a home inspector with a mold assessor license to provide them with a real mold report written by the licensed mold assessor.
Until the issue is pushed by a disgruntled client who has paid for a “Mold Assessment” by a home inspector without a mold assessor license who the client feels represented himself as a home inspector who was a “professional mold assessor” we will never know the actual opinion of the court as to the true interpretation of the law.
Until then the people who gain from this gray area are untrained home inspectors wanting a quick $50 bucks or so a sample and the lab’s that simply want an ever increasing volume of samples to process via the largest possible means of collection, home inspectors. And yes the labs could care less if the home inspector is licensed or not.
The real losers in this are the unaware clients who will continue to receive nothing for their hard earned money but a lab report.
As for my opinion, just Get your State License. The public wants to receive a true mold report for their money, and yes they are prepared to demand it and report what they are calling FRAUD. There have been several recent arrest of mold inspectors not providing what they promised.
The only home inspectors I refer are licensed by the state as both home inspectors and mold assessors.
HB 849 states the following:
The following persons are not required to comply with any provisions of this part relating to mold assessment:
(d) Persons or business organizations acting within the scope of the respective licenses required under part XV of chapter 468, chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 329,
except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure under this part.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | July 04, 2011 at 02:07 PM EDT | No Comments
After a long wait, EPA is ramping up RRP enforcement against remodelers and other contractors Byline: Scott von Gonten Publication Date: Wed, 2011-06-08 13:47
Will the EPA ever really enforce the Residential Lead-Based Paint Regulations?
This question has prompted thousands of contractors and sub-contractors to unwisely postpone their Certified Renovator training and Certified Firm applications, which are required by the EPA’s Renovation, Repair and Painting Rule (RRP Rule). Well, for those contractors who have been waiting for the EPA to begin fining companies for lead-related violations, it has finally happened! These recent fines have caused a huge panic in the building industry because it is now crystal clear that the EPA will enforce residential lead-based paint regulations.
A flurry of recent EPA fines Most recently, the EPA announced on May 16 that a Rockland, Maine renovator is facing penalties related to alleged violations that occurred in October 2010. As per the EPA’s investigation, the contractor, who had personally completed the required RRP Rule eight-hour training class, failed to: 1) obtain firm certification from the EPA, 2) post warning signs, 3) contain the work area, 4) contain waste from the renovation activities, 5) properly train his co-workers, 6) prohibit the use of high-speed paint removal machines without HEPA exhaust control, and 7) establish and maintain records necessary to demonstrate compliance with the RRP Rule.
Remember, the maximum penalty for the alleged violations is up to $37,500 per violation per day! Do you know how he was discovered? The EPA received a tip, from someone across the street from the renovation, who took a video and posted it on YouTube! The EPA promises to follow through on tips, such as this example, to identify if violations have jeopardized public health.
There are many other recent examples of the EPA cracking down on lead paint violations:
• On March 23 a Connecticut window and siding company was fined, and has agreed to pay, $30,702 for failing to distribute the required Renovate Right pamphlets to homeowners and residents prior to renovations. This settlement stemmed from an EPA inspection and the subsequent documentation the company submitted to the EPA.
• On March 31 a major St. Louis window company was fined, and has agreed to pay, $19,529 in civil penalties, plus the company will perform a supplemental environmental project worth $20,048. These fines again stemmed from a failure to distribute the Renovate Right pamphlets, which is required by the Residential Lead-Based Paint Hazard Reduction Act.
• On April 6, a California painting company was fined, and has agreed to pay $32,508.00 for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets. The EPA further stipulated that the company “failed to establish and maintain records necessary to demonstrate compliance with the Toxic Substances Control Act regulations.”
• On April 12, a Maine property management company, which operates in 13 states, was fined, and has agreed to pay, $3,542 and will perform an abatement project valued at $31,884 to settle EPA claims that it violated both the federal lead-based paint disclosure requirements as well as the federal Pre-Renovation Rule. The property management company failed to distribute the Renovate Right pamphlets prior to renovations.
• The EPA announced on April 21 that a major Omaha, Neb., window company was fined, and has agreed to pay, $3,976 in civil penalties, and will perform a supplemental environmental project worth $11,928, for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets prior to working on pre-1978 residential properties.
Even as recently as early May 2011, the EPA’s Region 6, which covers Texas, New Mexico, Oklahoma, Arkansas and Louisiana, sent letters, to contractors, confirming visits to the contractors’ offices to review the overall level of compliance with the Lead-Based Paint Regulations.
That’s right; the EPA will be physically reviewing the contractors’ paperwork for ALL of their renovations or modifications performed on pre-1978 properties over the last three years. The EPA will obtain copies of certain documents so that compliance with the RRP Rule (or lack of compliance) can be evaluated.
You know what that means. How many of these contractors are going to have the proper records? In fact, how many of these contractors are going to have NO records at all? Do YOU know what records to keep? Do YOU know how to properly document your renovations? By the way, some of the contractors who received letters were randomly selected by what is called a “Neutral Inspection Scheme,” which could be as easy as a simple Internet search for renovators or contractors!
This is just the beginning of EPA’s enforcement of lead-related issues within the residential construction industry. More reports of violations are being released constantly. Remember, the Toxic Substances Control Act Section 402(a)(3) directs the Environmental Protection Agency to establish and implement a fee program to recover, for the U.S. Treasury, the cost of administering and enforcing the lead-based paint activities requirements. The EPA is highly motivated to find violators and is actively doing so.
Who does the RRP Rule Affect? Since long before the RRP Rule was enforced, I have been keeping general contractors, sub-contractors, remodelers, builders, property managers, painters, mechanical contractors, maintenance workers, and many others, informed and educated about the RRP Rule to keep them out of trouble.
These federal regulations affect ALL contractors and ALL sub-contractors, and even individuals, who get paid to do renovations. If you scrape, sand, abrade, cut a hole in, puncture, remove, or demolish any painted or surface-coated component, you have “disturbed” that surface, and the RRP Rule may apply.
Since the confusing RRP Rule is so specific and has such tiny minimums, virtually 100 percent of renovations on pre-1978 target housing and child-occupied facilities are affected by this legislation in some way. Many contractors have taken the “wait and see” approach to verify if the EPA was actually going to enforce the RRP Rule.
Three-Year Window of Liability
Far too many contractors have delayed taking the Certified Renovator training and have continued to add new illegally completed jobs to their risk burden, all with three-year windows of liability from the time of completion.
Remember, the EPA can simply “randomly” search for contractors or can specifically research renovation jobs, at anytime within 36 months after the jobs were finished, and contact the contractor to audit his or her required paperwork.
When the EPA asks for the proper documentation, how many contractors will say, “What paperwork?” Well, you can imagine the devastating chain of events that would follow that statement! Those contractors will definitely be in deep distress (among other things).
Scott von Gonten, CGA, CGP, LLRA, SHA, CR, CDST, a 24-year veteran of the building industry, is a licensed lead risk assessor and consultant, and a principal instructor, nationwide, for the National Center for Healthy Housing, an EPA-accredited training provider for Certified Renovator and Certified Dust Sampling Technician training. You can contact him at svongonten@conserveiq.com [1] or (713) 213-1205.
For more information on lead paint, including training opportunities, articles and more, visit www.LeadPaintProfessor.com
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | July 04, 2011 at 01:59 PM EDT | No Comments
June 22, 2011 Contact: Office of Communications Phone: 202-693-1999
OSHA seeks comments on proposed updates, revisions to the occupational injury and illness tracking and reporting requirements
WASHINGTON – The Occupational Safety and Health Administration has announced in a Notice of Proposed Rulemaking an update and revision of two aspects of the agency’s recordkeeping and reporting requirements for work-related injuries and illnesses.
“These proposed recordkeeping updates will better enable OSHA, employers and workers to identify hazards in high-risk worksites,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The proposed reporting revisions will enable OSHA to more effectively and efficiently target occupational safety and health hazards, preventing additional injuries and fatalities.”
The new proposed reporting requirements revised OSHA’s current regulation that requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. Reporting amputations is not required under the current regulation.
OSHA is also proposing to update Appendix A of the recordkeeping rule (Part 1904 Subpart B) that lists industries partially exempt from the requirements to maintain work-related injury or illness logs. These industries received partial exemption because of their relatively low injury and illness rates. The current list of industries is based on the Standard Industrial Classification system. The North American Industry Classification System was introduced in 1997 to replace the SIC system for classifying establishments by industry. When OSHA issued the recordkeeping rule in 2001, the agency used the old SIC code system because injury and illness data were not yet available based on the NAICS. OSHA is also updating Appendix A in response to a 2009 Government Accountability Office report recommending that the agency update the coverage of the relevant recordkeeping requirements from the old SIC system to the newer NAICS.
OSHA is requesting public comments on the proposed revisions, and has included in the proposed rule’s preamble specific questions about issues and potential alternatives. Comments must be submitted by Sept. 20, 2011. See the Federal Register notice for details on how to submit comments. General and technical inquiries should be directed to Jens Svenson, OSHA Office of Statistical Analysis, at 202-693-2400.
To educate employers and employees on the proposed changes, OSHA updated its Record keeping Web page to include answers to frequently asked questions regarding the proposed rule. A link to the proposed rule itself also is available on the page.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | June 14, 2011 at 10:32 AM EDT | No Comments
After a long wait, EPA is ramping up RRP enforcement against remodelers and other contractors
Byline: Scott von Gonten Publication Date: Wed, 2011-06-08 13:47
Will the EPA ever really enforce the Residential Lead-Based Paint Regulations?
This question has prompted thousands of contractors and sub-contractors to unwisely postpone their Certified Renovator training and Certified Firm applications, which are required by the EPA’s Renovation, Repair and Painting Rule (RRP Rule). Well, for those contractors who have been waiting for the EPA to begin fining companies for lead-related violations, it has finally happened! These recent fines have caused a huge panic in the building industry because it is now crystal clear that the EPA will enforce residential lead-based paint regulations.
A flurry of recent EPA fines Most recently, the EPA announced on May 16 that a Rockland, Maine renovator is facing penalties related to alleged violations that occurred in October 2010.
As per the EPA’s investigation, the contractor, who had personally completed the required RRP Rule eight-hour training class, failed to: 1) obtain firm certification from the EPA, 2) post warning signs, 3) contain the work area, 4) contain waste from the renovation activities, 5) properly train his co-workers, 6) prohibit the use of high-speed paint removal machines without HEPA exhaust control, and 7) establish and maintain records necessary to demonstrate compliance with the RRP Rule.
Remember, the maximum penalty for the alleged violations is up to $37,500 per violation per day! Do you know how he was discovered? The EPA received a tip, from someone across the street from the renovation, who took a video and posted it on YouTube! The EPA promises to follow through on tips, such as this example, to identify if violations have jeopardized public health.
There are many other recent examples of the EPA cracking down on lead paint violations:
• On March 23 a Connecticut window and siding company was fined, and has agreed to pay, $30,702 for failing to distribute the required Renovate Right pamphlets to homeowners and residents prior to renovations. This settlement stemmed from an EPA inspection and the subsequent documentation the company submitted to the EPA.
• On March 31 a major St. Louis window company was fined, and has agreed to pay, $19,529 in civil penalties, plus the company will perform a supplemental environmental project worth $20,048. These fines again stemmed from a failure to distribute the Renovate Right pamphlets, which is required by the Residential Lead-Based Paint Hazard Reduction Act.
• On April 6, a California painting company was fined, and has agreed to pay $32,508.00 for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets. The EPA further stipulated that the company “failed to establish and maintain records necessary to demonstrate compliance with the Toxic Substances Control Act regulations.”
• On April 12, a Maine property management company, which operates in 13 states, was fined, and has agreed to pay, $3,542 and will perform an abatement project valued at $31,884 to settle EPA claims that it violated both the federal lead-based paint disclosure requirements as well as the federal Pre-Renovation Rule. The property management company failed to distribute the Renovate Right pamphlets prior to renovations.
• The EPA announced on April 21 that a major Omaha, Neb., window company was fined, and has agreed to pay, $3,976 in civil penalties, and will perform a supplemental environmental project worth $11,928, for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets prior to working on pre-1978 residential properties.
Even as recently as early May 2011, the EPA’s Region 6, which covers Texas, New Mexico, Oklahoma, Arkansas and Louisiana, sent letters, to contractors, confirming visits to the contractors’ offices to review the overall level of compliance with the Lead-Based Paint Regulations.
That’s right; the EPA will be physically reviewing the contractors’ paperwork for ALL of their renovations or modifications performed on pre-1978 properties over the last three years. The EPA will obtain copies of certain documents so that compliance with the RRP Rule (or lack of compliance) can be evaluated.
You know what that means. How many of these contractors are going to have the proper records? In fact, how many of these contractors are going to have NO records at all? Do YOU know what records to keep? Do YOU know how to properly document your renovations? By the way, some of the contractors who received letters were randomly selected by what is called a “Neutral Inspection Scheme,” which could be as easy as a simple Internet search for renovators or contractors!
This is just the beginning of EPA’s enforcement of lead-related issues within the residential construction industry. More reports of violations are being released constantly. Remember, the Toxic Substances Control Act Section 402(a)(3) directs the Environmental Protection Agency to establish and implement a fee program to recover, for the U.S. Treasury, the cost of administering and enforcing the lead-based paint activities requirements. The EPA is highly motivated to find violators and is actively doing so.
Who does the RRP Rule Affect? Since long before the RRP Rule was enforced, I have been keeping general contractors, sub-contractors, remodelers, builders, property managers, painters, mechanical contractors, maintenance workers, and many others, informed and educated about the RRP Rule to keep them out of trouble.
These federal regulations affect ALL contractors and ALL sub-contractors, and even individuals, who get paid to do renovations. If you scrape, sand, abrade, cut a hole in, puncture, remove, or demolish any painted or surface-coated component, you have “disturbed” that surface, and the RRP Rule may apply.
Since the confusing RRP Rule is so specific and has such tiny minimums, virtually 100 percent of renovations on pre-1978 target housing and child-occupied facilities are affected by this legislation in some way. Many contractors have taken the “wait and see” approach to verify if the EPA was actually going to enforce the RRP Rule.
Three-Year Window of Liability
Far too many contractors have delayed taking the Certified Renovator training and have continued to add new illegally completed jobs to their risk burden, all with three-year windows of liability from the time of completion.
Remember, the EPA can simply “randomly” search for contractors or can specifically research renovation jobs, at anytime within 36 months after the jobs were finished, and contact the contractor to audit his or her required paperwork. When the EPA asks for the proper documentation, how many contractors will say, “What paperwork?” Well, you can imagine the devastating chain of events that would follow that statement! Those contractors will definitely be in deep distress (among other things).
Scott von Gonten, CGA, CGP, LLRA, SHA, CR, CDST, a 24-year veteran of the building industry, is a licensed lead risk assessor and consultant, and a principal instructor, nationwide, for the National Center for Healthy Housing, an EPA-accredited training provider for Certified Renovator and Certified Dust Sampling Technician training. You can contact him at svongonten@conserveiq.com [1] or (713) 213-1205.
For more information on lead paint, including training opportunities, articles and more, visit www.LeadPaintProfessor.com
By M.A.R.C. BLOG | May 09, 2011 at 07:45 PM EDT | No Comments
Dear Colleagues,
Indoor Air 2011 in Austin, Texas, is only one month away and should be one of the most exciting in the Indoor Air conference series. Members of IAQA are eligible for exclusive registration fee discounts to this important and unique international forum on IAQ.
A record number of abstracts were submitted for Indoor Air 2011. The technical program will involve nearly 600 podium presentations and 250 posters by authors hailing from 51 countries. There will also be 40 hours of special forums, workshops, panel discussions, and debates on timely and important issues relevant to indoor air quality and comfort.
The organizers of Indoor Air 2011 (The University of Texas at Austin) are committed to a robust program for practitioners and have structured the conference in a way to maximize interactions between practitioners and researchers.
The Indoor Air Quality Association (IAQA) is a Platinum Armadillo sponsor of Indoor Air 2011 and will hold mid-year business meetings in Austin two days prior to the start of Indoor Air 2011. IAQA’s annual member business meeting will be held on June 4th from 9:00 a.m. to 10:00 a.m., for the primary purpose of installing newly elected IAQA Directors. IAQA members will receive election ballots in the mail this week. The annual member business meeting takes place at the Radisson Hotel, 111 Cesar Chavez at Congress, Austin, Texas.
Many activities related to professional practice are designed for the first two full days of Indoor Air 2011 (June 6th and 7th). And many of these involve direct participation by members and officers of IAQA! Specific technical program activities that should be of interest to practitioners include:
Monday • Keynote presentation by Joe Lstiburek on Weatherization and Indoor Air Quality • Forum on Biological Exposures and Health • Forum on Mold and Dampness Policy • Panel discussion on Mold, Moisture and Remediation with questions developed by practitioners for internationally-recognized researchers • Forum on Physician-Informed IAQ Assessments • Workshop on Residential Health and Safety Assessment (sponsored by HUD) • Technical session on Weatherization and IAQ • Technical sessions on Standards and Guidelines (4 hours) • Technical session on Field Studies • Technical sessions on Formaldehyde (including measurements and control) (5 hours) • Technical sessions on Allergy and Asthma (4 hours) • Lunchtime discussion on Residential IAQ for Expectant Parents (with panel input from researchers and practitioners) • And more!
Tuesday • Forum on Indoor Sampling for Emerging Pollutants • Panel discussion on Emerging Contaminants and Controls (including hydroxyl generators) with questions developed by practitioners for internationally-recognized researchers • Forum on the Professional Practice of IEQ • Workshop on IAQ and Affordable Housing (sponsored by HUD) • Session and workshop on Climate-Change and IAQ (sponsored by the USEPA) (4 hours) • Technical sessions on Health Symptoms and Assessments, and Interventions (4 hours) • Multiple technical sessions related to Field Studies (VOCs and particles) (6 hours) • Multiple technical sessions on Bioaerosols and Biological Agents (6 hours) • Technical session on Case Studies and IAQ Practice • Lunchtime discussion on A Rating System for Healthy Office Buildings (with panel input from researchers and practitioners) • And more!
And there is a lot more from Wednesday through Friday including sessions on emerging contaminants, green and sustainable buildings, soil vapor intrusion, microbes in buildings, SVOCs, emissions from consumer products, psychology and perceptions, and much more.
Additional • CEUs available!!! • Great social program with Sunday opening ceremony (Ballet Folklorico and opening keynote),
Monday Margarita fest and rockabilly music by Austin Music Hall of Fame inductee Rosie Flores,
Tuesday evening mixer at the LBJ Presidential Library, and Wednesday BBQ at the world-famous Salt-Lick in the legendary Texas Hill Country.
The entire conference program with a special itinerary planning tool is now available on the conference website (click on “Program” to access program information).
Additional information about the conference, including registration, hotels, social and companion programs and much more is now available on the Indoor Air 2011 website at www.indoorair2011.org.
We look forward to seeing you and many members of IAQA in Austin next month!
By M.A.R.C. BLOG | May 09, 2011 at 07:41 PM EDT | No Comments
What a difference the professionals in our industry can make when we come together with a common goal.
When the initial house bill was introduced the outlook was daunting. Many thought that we would simply be overrun by the out of state deep pockets making a run at our repealing our state licensing requirements.
Not a chance. Not in our state. Quickly FABI, IEAQC, NORMI, and MARC came to gather to defeate the move to either repeal or amend our current Mold Professional Licensing Law.
The fight began in February of this year and ended just last night May 6th at 10:06pm.
Here is a quick re-cap of the fast paced legislation of the past four months.
February 16th, 2011 just 12 days before the current mold related services licensing law grandfather time period elapsed, Representative James W Grant, District 47, filed HB 4171in an effort to repeal the current legislation requiring mold remediators and mold assessors to obtain a state license.
February 21st, 2011 just seven days before the grandfathering time period elapsed, Senator Bill Norman, District 12, filed SB 2214 a sister bill intended to repeal the current Mold Related Services provision requiring both mold remediators and mold assessors to be licensed by the state.
Let’s not forget the WHY the bills were filed; The Lobbying firm of Florida Capitol Advocates, which includes former Sen. John Grant, was hired by the founder of the franchise 1-800-Got-Mold, Jason Earle. 1-800-Got-Mold, Mycelium Holdings is a New Jersey based Franchise with no current franchises in Florida.
Florida Capitol Advocates (Dad former Sen. John Grant) lobbied (son) Representative James W Grant, District 47 who introduced the bill as HB 4171 February 16th. Senator Norman filed the sister bill in the Senate SB 1244. February 21st.
Jason Earle stated in an email sent to me that his position regarding the repeal of the current mold licensing law are as follows. “the law would inhibit our ability to expand our business in a state which needs to create jobs, not restrict commerce. We are opposed to the educational and experiential prerequisites” Jason also stated “I made it clear that I’m in favor of regulation and enforcement in the mold industry.”
Well lucky for Mr. Earle we still have regulation in the Mold Industry!
HB 4171 and SB 1244 died in committee and never made it to the floor for a vote!
This was primarily due to the introduction of HB 5005 and HB 5007.
March 15th, 2011 The introduction of PCB BCAS 11-01 (proposed committee bill) is being heard tomorrow morning in the House Business & Consumer Services Subcommittee.
This is the introduction of a proposed Bill that is “An act relating to the deregulation of professions and occupations; amending s. 20.165, F.S.;”
March 15th, 2011CS/HB 5005 - Deregulation of Professions and Occupations, GENERAL BILL by Economic Affairs Committee and Business & Consumer Affairs Subcommittee and Hukill.
May 6th, 2011Failed to Pass as amended by Conference Committee Report; YEAS 6 NAYS 32 on Friday, May 06, 2011 9:51 PM
March 15th, 2011 CS/HB 5007 - Reducing and Streamlining Regulations, Mold Related services removed from HB 5005 via HB 5007.
HB Bill 5007 would amend the current Florida Mold Licensing Law by:
Eliminating the education language requiring advanced education and would only require an applicant to possesses a high school diploma or its equivalent.
Eliminating any documented training in water, mold, and respiratory protection and would only require an applicant to pass the current approved licensing examination.
Eliminating the requirement of an applicant passing a certification examination offered by a nationally recognized organization and adds the phrase “or state”
Eliminates the training in water, mold, and respiratory protection requirement in section 468.8419 Prohibitions: penalties.-
Reduces the applicants experience requirement of 3 years to 1 year.
Reduces the number of mold assessments or remediation invoices prepared by the applicant from 40 to 10.
These proposed amendments to the current licensing law would reduce the license to nothing more than a tax on the industry.
May 6th, 2011HB 5007 Failed to Pass as amended by Conference Committee Report; YEAS 18 NAYS 21 on Friday, May 06, 2011 10:06 PM
The efforts to prevent the repeal and amendment of the current Mold Licensing Law seemed endless and overwhelming at times.
If it were not for the combined efforts of the Mold Professionals from across the State which included, Industry Suppliers, Laboratories, Professional Organizations, Private Corporations, as well as Individual Mold Assessors and Remediators I’m convinced we would have either no licensing law or no education and experience requirements for a license.
I want to personally thank
Our M.A.R.C Lobbyist Dan Pollock of Pollock & Associates.
Harvey Gordon of IEAQC and Lobbyist, Gene Adams of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.
Bill Hunter of FABI Florida Home Inspectors Council, and Lobbyist Wayne Bertsch, ,
Doug Hoffman of NORMI,
and all of the Florida Mold Professionals who took time to write emails and make phone calls.
This is a monumental shared success for Florida Mold Professionals and M.A.R.C. of Florida.
By M.A.R.C. BLOG | May 09, 2011 at 07:38 PM EDT | No Comments
Thank you to all of the M. A. R.C. supporters across the state of Florida who helped in this fight to maintain our Florida mold professional license status.
M. A. R.C. of Florida worked together with Florida mold professionals from across the state represented by several independent professional organizations to defeat first the “out-of-state interest” pushing to repeal the current Florida mold professional licensing law and then the push to deregulate the current Florida mold professional licensing law by eliminating any and all education and training requirements.
Tonight, as I watched the live broadcast online and Dan Pollock watched from the fourth floor of the Senate building, and after a lengthy and a hotly debated session the Senate voted against Bolt HB 5005 and HB 5007.
The vote came in at roughly 10:10 pm this evening at the tail end of a long and hard five Senate Budget Committee meeting with the final vote on House Bill 5007 22 nays and 18 yeas.
The fight on the front lines of the Hill was fought by Dan Pollock of Pollock and Associates. Dan Worked extremely hard on behalf of M. A. R.C. of Florida and all of Florida’s license mold professionals.
The real fight takes place every day in the homes and offices of Florida’s mold professionals as they made calls to their individual district representatives and senators and sent hundreds if not thousands of e-mails to their individual representatives and senators in support of maintaining their current professional licensed status.
This is an extremely stressful legislative session that ended in the Senate the victory for Florida mold professionals. We maintain the current mold licensing law as it stands with the grandfathering period over and the education and training requirements in place.
M. A. R.C. of Florida still needs your continued support as the issue most certainly will rear its ugly head in the next session.
Tonight we celebrate our victory as license mold professionals.
By M.A.R.C. BLOG | May 03, 2011 at 06:42 PM EDT | No Comments
The Senate and House have begun the budget conference process in earnest. The Senate has refused the amendment language in 3 separate committee meetings.
The conference committee met today at 12:45 with no change, once again, in the mold amendment. It’s a stalemate, which actually now gets bumped up to the budget chairs: Sen. JD Alexander and Rep. Denise Grimsley.
Dan Pollock has done a great job this session on behalf of M.A.R.C. of Florida but there is still work to be done.
We have a need for contributions and emails sent from as many as possible to both Sen. JD Alexander and Rep. Denise Grimsley.
Please email or send the suggested message which is attached.
As the conference process continues I am writing to you with my concerns regarding HB 5007.
Please do not make changes to the regulations of Mold Assessors and Remediators.
The changes in HB 5007 remove training that is necessary to perform these services correctly. In fact, the removal of such training is contrary to OSHA requirements.
This Act passed virtually unanimously in 2007 and is only now coming into its effective date. Let's let the law work and give consumers recourse and confidence that they will be working with licensed and trained professionals.
By M.A.R.C. BLOG | May 03, 2011 at 06:40 PM EDT | No Comments
The Senate and House have begun the budget conference process in earnest. The Senate has refused the amendment language in 3 separate committee meetings.
The conference committee met today at 12:45 with no change, once again, in the mold amendment. It’s a stalemate, which actually now gets bumped up to the budget chairs: Sen. JD Alexander and Rep. Denise Grimsley.
Dan Pollock has done a great job this session on behalf of M.A.R.C. of Florida but there is still work to be done.
We have a need for contributions and emails sent from as many as possible to both Sen. JD Alexander and Rep. Denise Grimsley.
Please email or send the suggested message which is attached.
As the conference process continues I am writing to you with my concerns regarding HB 5007.
Please do not make changes to the regulations of Mold Assessors and Remediators.
The changes in HB 5007 remove training that is necessary to perform these services correctly. In fact, the removal of such training is contrary to OSHA requirements.
This Act passed virtually unanimously in 2007 and is only now coming into its effective date. Let's let the law work and give consumers recourse and confidence that they will be working with licensed and trained professionals.
By M.A.R.C. BLOG | April 13, 2011 at 09:32 AM EDT | No Comments
The Florida House approved HB 5005 that would end the licensure and regulation of 14 professions; luckily Mold Related Services were removed from that bill via the mold services amendment Bill HB5007.
The Florida House did approved HB5007 that would amend the current Mold Licensing requirements Mold Related Services. Before the bill can become a law it still needs to make it through the Senate. The house quickly moved the “Hot Potato” amendment bill through the House and left it in the hands of the Senate.
HB Bill 5007 amends the current Florida Mold Licensing Law by: 1. Eliminating the education language requiring advanced education and would only require an applicant to possesses a high school diploma or its equivalent. 2. Eliminating any documented training in water, mold, and respiratory protection and would only require an applicant to pass the current approved licensing examination. 3. Eliminating the requirement of an applicant passing a certification examination offered by a nationally recognized organization and adds the phrase “or state” 4. Eliminates the training in water, mold, and respiratory protection requirement in section 468.8419 Prohibitions: penalties.- 5. Reduces the applicants experience requirement of 3 years to 1 year. 6. Reduces the number of mold assessments or remediation invoices prepared by the applicant from 40 to 10.
These proposed amendments to the current licensing law would reduce the license to nothing more than a tax on the industry.
Dan Pollock, M.A.R.C.’s voice on the hill, feels the Florida Senate may be unwilling to pass similar bills.
The Palm Beach Post reported today that Sen. John Thrasher, R-St. Augustine, a former House Speaker, was hesitant to eliminate or reduce laws protecting Florida consumers. He was quoted as saying, "To me, even as a conservative Republican, I still think there is room for some regulation, particularly when it impacts on the public."
You can learn more about the bill and read it here: http://www.flsenate.gov/Session/Bill/2011/5007
HELP support the Mold Industry by Supporting M.A.R.C. Mold Assessment & Remediation Coalition of Florida
Go to the M.A.R.C. website and give your support by Contributing to the fight to keep our current Licensing Law.
By M.A.R.C. BLOG | April 10, 2011 at 07:09 PM EDT | No Comments
Florida Republicans have introduced H.B.5005 & 5007 to reduce or in most cases totally ELIMINATE ALL LICENSING & REGULATION
The key to the logic behind these mysterious bills is to discover WHICH specific item has been hidden in plain sight WITHIN the GROUP being deregulated that SOMEBODY thinks is worth selling the entire state down the river for.
The OTHER professions included in these bills represent, and have been successfully employed as, a diversionary smokescreen.
HB 5005 Relating to Deregulation of Professions and Occupations (2011 Session)
Deregulation of Professions and Occupations: Deletes provisions establishing Florida Board of Auctioneers & Motor Vehicle Repair Advisory Council, deletes provisions for regulation of yacht & ship brokers, auctioneers, talent agencies, athlete agents, persons practicing hair braiding, hair wrapping, or body wrapping, interior designers, professional fundraising consultants & solicitors, water vending machines & operators, health studios, ballroom dance studios, commercial telephone sellers & salespersons, movers & moving brokers, certain outdoor theaters, certain business opportunities, motor vehicle repair shops, sellers of travel, contracts with sales representatives involving commissions, & television picture tubes; revises name & membership of Board of Architecture; revises license classifications of public lodging establishments. Effective Date: July 1, 2011
04/07/11 HOUSE Read Third Time; Passed (Vote: 77 Yeas / 38 Nays);
Immediately Certified; Requests that the Senate pass the bill as passed by the House or agree to conference
HB 5007 Relating to Reducing and Streamlining Regulations (2011 Session)
Reducing and Streamlining Regulations: Revises various provisions relating to professions & occupations regulated by DBPR or DOACS, including distribution of motor vehicle consumer's rights pamphlet; transfer of certain driver license information by DHSMV to DBPR; requirements for home inspectors, mold assessors & remediators, asbestos consultants & contractors & landscape architects; professional practice standards for real estate brokers & sales associates; criminal penalties for persons who violate orders or rules of Florida Real Estate Commission or Florida Real Estate Appraisal Board or persons who violate Florida Cosmetology Act or rules of Board of Cosmetology; continuing education requirements for reactivating licenses to practice certain regulated professions & occupations; licensure requirements for CPAs & firms; education requirements for licensed real estate brokers & sales associates; certification of business organizations practicing architecture or interior design; method of payment of certain fees; terminology for repossessor schools & training facilities; penalties for food safety violations committed by cottage food operations; exemptions for cottage food operations from food permitting requirements; regulation of public lodging & food service establishments & fire protection system contractors; department responsibility for Motor Vehicle Warranty Enforcement Act; & regulation of real estate appraisers & appraisal management companies. Effective Date: July 1, 2011
04/07/11 HOUSE Read Third Time; Passed (Vote: 80 Yeas / 38 Nays); Immediately Certified; Requests that the Senate pass the bill as passed by the House or agree to conference.
HB 5007 Relating to Reducing and Streamlining Regulations (2011 Session)
Reducing and Streamlining Regulations: Revises various provisions relating to professions & occupations regulated by DBPR or DOACS, including distribution of motor vehicle consumer's rights pamphlet; transfer of certain driver license information by DHSMV to DBPR; requirements for home inspectors, mold assessors & remediators, asbestos consultants & contractors & landscape architects; professional practice standards for real estate brokers & sales associates; criminal penalties for persons who violate orders or rules of Florida Real Estate Commission or Florida Real Estate Appraisal Board or persons who violate Florida Cosmetology Act or rules of Board of Cosmetology; continuing education requirements for reactivating licenses to practice certain regulated professions & occupations; licensure requirements for CPAs & firms; education requirements for licensed real estate brokers & sales associates; certification of business organizations practicing architecture or interior design; method of payment of certain fees; terminology for repossessor schools & training facilities; penalties for food safety violations committed by cottage food operations; exemptions for cottage food operations from food permitting requirements; regulation of public lodging & food service establishments & fire protection system contractors; department responsibility for Motor Vehicle Warranty Enforcement Act; & regulation of real estate appraisers & appraisal management companies. Effective Date: July 1, 2011
04/07/11 HOUSE Read Third Time; Passed (Vote: 80 Yeas / 38 Nays); Immediately Certified; Requests that the Senate pass the bill as passed by the House or agree to conference
When something doesn't smell right (and this one truly stinks) there's usually a reason.
And it often entails a LOT of money changing hands.
BOVO INTRODUCES DISASTROUS DEREGULATION BILL, HANDS OFF THE TICKING TIME BOMB, THEN PROMPTLY RESIGNS TO RUN FOR A LOWER OFFICE.
Representative Esteban L. Bovo, Jr. (R-FL) suddenly resigned in the middle of the lawmaking session to run for the Miami-Dade County Commission. Bovo’s unusual mid-session departure leaves the House a member short, though the GOP will still hold a comfortable two-thirds majority in the chamber. He represents a solidly Republican district.
A couple of his bills will be shepherded through the remaining weeks of the session by other Miami-Dade lawmakers.
Speaking of BOVO, HB 5005, the bill HE INTRODUCED to lower or ELIMINATE state regulations on more than 20 industries, has been shifted off to Rep. Dorothy Hukill, R-Port Orange, who chairs the House Economic Affairs Committee.
Bovo entered politics as an aide to two former state lawmakers and to former Hialeah Mayor Raul Martinez*. Bovo failed in his first bid for legislative office in 1992, eventually making it onto the Hialeah City Council, and he joined the House a decade later, in 2008.
*MIAMI, March 26, 1991— A jury in Federal District Court today found Mayor Raul Martinez of the Miami suburb of Hialeah guilty of racketeering and extortion in the sale of his votes and influence on zoning matters in return for about $1 million in cash or property from developers. Mayor Martinez, who has been suspended from office since the charges were brought against him last year, faces up to 120 years in prison and up to $1.5 million in fines.
Hialeah politics has a long, and admittedly rather colorful history of corruption.
His key achievement as a legislator, Bovo said, was bringing horse racing back to historic Hialeah Park.
Bovo used to work as the park’s marketing director and lobbyist. He now lobbies for Miami Children’s Hospital.
Bovo abruptly left his post as state House of Representatives legislator -- in the middle of the law-making session -- to run for the county commission seat vacated by former Commissioner Natacha Seijas, who was tossed out of office in the same recall election that also ousted county Mayor Carlos Alvarez.
This alone should raise some very large red flags as to his motives. People with political aspirations generally climb up, not down, as this man is doing.
The key to the logic behind these mysterious bills is to discover WHICH specific item has been hidden in plain sight WITHIN the GROUP being deregulated that SOMEBODY thinks is worth selling the entire state down the river for.
The OTHER professions included in these bills represent, and have been successfully employed as, a diversionary smokescreen.
BOVO's VOTING RECORD in Florida House of Representatives:
Current Office: State House Current District: 110 Party: Republican
BiographicalVoting RecordIssue Positions (Political Courage Test)Interest Group RatingsCampaign Finances
Business and Consumers
2010 Representative Bovo supported the interests of the Associated Industries of Florida 92 percent in 2010.
2010 Representative Bovo supported the interests of the Associated Industries of Florida - Lifetime 91 percent during their legislative career up until 2010.
2010 Representative Bovo supported the interests of the Florida Chamber of Commerce 87 percent in 2010.
2009 Representative Bovo supported the interests of the Associated Builders and Contractors 100 percent in 2009.
2009 Representative Bovo supported the interests of the Associated Industries of Florida 90 percent in 2009.
2009 Representative Bovo supported the interests of the Associated Industries of Florida - Lifetime 90 percent during their legislative career up until 2009.
2009 Representative Bovo supported the interests of the Florida Chamber of Commerce 75 percent in 2009.
Conservative
2009 Representative Bovo supported the interests of the Christian Coalition of Florida 78.6 percent in 2009.
Gun Issues
2010 In 2010 the National Rifle Association Political Victory Fund gave Representative Bovo a grade of A.
Labor
2009 Representative Bovo supported the interests of the Florida AFL-CIO 0 percent in 2009.
SOURCE: BOVO record: http://www.votesmart.org/issue_rating_category.php?can_id=73705
By M.A.R.C. BLOG | April 03, 2011 at 02:43 PM EDT | No Comments
As with any professional industry it’s vital that the interests of the Mold Industry and the Florida Consumers “our clients” be represented before our state lawmakers and officials.
M.A.R.C. has secured the services of a Pollock and Associates to monitor and counsel us in areas of Florida legislative issues, political strategy, and rule making that involve the Mold Industry.
The Professional Mold Assessor must take a stand. Licensing which is a curse for some and a blessing for others is on the cusp of being reduced to nothing more than a state fee. If the proposed amendment makes it through then anyone can become a licensed mold assessor or remediator including unqualified professions/trades without training.
Because abuses were rampant and Florida was known as the place where con artists and criminals could prey on Floridians who are rebuilding their hurricane-damaged homes and businesses FEMA warned Floridians to be alert for contractors and repair services that engage in fraud and prey on vulnerable disaster victims.
Many illegitimate contractors drive long distances to reach a disaster area to seek customers who are overstressed and eager to have their homes restored. The current Mold Licensing Law would close the door of opportunity on these scam artist.
Floridians need Licensed Mold Professionals and Consumer Protection!
Say No to the Repeal of the Current Mold Licensing Law!
HB Bill 5007 amends the current Florida Mold Licensing Law by:
1. Eliminating the education language requiring advanced education and would only require an applicant to possesses a high school diploma or its equivalent.
2. Eliminating any documented training in water, mold, and respiratory protection and would only require an applicant to pass the current approved licensing examination.
3. Eliminating the requirement of an applicant passing a certification examination offered by a nationally recognized organization and adds the phrase “or state”
4. Eliminates the training in water, mold, and respiratory protection requirement in section 468.8419 Prohibitions: penalties.-
5. Reduces the applicants experience requirement of 3 years to 1 year.
6. Reduces the number of mold assessments or remediation invoices prepared by the applicant from 40 to 10. HELP support the Mold Industry by Supporting M.A.R.C. Mold Assessment & Remediation Coalition of Florida
Go to the M.A.R.C. website and give your support by Contributing to the fight to keep our current Licensing Law.
By M.A.R.C. BLOG | April 03, 2011 at 12:57 PM EDT | No Comments
by: Charlotte Greenbarg My rabbi in Ohio, where we lived before moving to Florida, asked our class, “Why these Ten Commandments?” Our spirited discussion led us to the answer: Because it’s what the people were doing at the time. The Commandments spoke to the existing evils. Our legislators would do well to remember that lesson. Why these regulations? Because abuses were rampant and Florida was known as the place where con artists and criminals preying on associations had their dreams come true. The situation was outrageous and unacceptable. Association boards were being hijacked by those who looked at the positions as profit centers for their personal gain. Elections were rigged. Unscrupulous managers worked in collusion with corrupt boards. Convicted felons and others were managing and bleeding associations dry. Honest, victimized unit owners had no place to appeal to but the courts, a really expensive, time-consuming alternative paid for by all the taxpayers, clogging the already burdened system. Barbara Zee, Legislation Chair for the Delray Alliance put it very well: “We are fortunate to know some excellent, professional people who are property managers, but I have heard of others who sold their services to the unsuspecting who were buying price, and it ended-up costing associations due to lack of governmental/organizational requirements of the manager and his/her lack of knowledge and experience. There is a reason and necessity for continuing education in certain industries. Another example of a problem with the un-licensed is the mitigation home inspector. Before the requirement for training/license, there were many out there doing their job without a clue; and the insurers jumped on their mistakes to undo the providing of credits. Same goes for the vast numbers of unlicensed public adjusters who took advantage of the unregulated system. This caused many problems for insurers, e.g. Coral Insurance, a very reputable company, went bankrupt after 2005 from paying all the public adjusters’ fraudulent claims. It also was a reason for insurers backing away from insuring for sinkholes.” This bill has been morphed into something it isn’t, now called an implementing bill to put it on a fast track in order to avoid committee meetings and public input. This is unconscionable. Do we need to take a hard look at association regulation? Of course we do; all regulations should be revisited periodically. But the process needs to be a thoughtful one, with input from everyone affected, to make sure changes don’t cause chaos, and there are no unintended consequences. Moreover, each unit owner has paid into the funds that were created for the regulatory entities. This involves millions of dollars paid specifically for much needed regulation. Ironically, the money from this fund that is planned to be put into the general fund will end up costing the state so much more because disputes that would have been settled by lower cost arbitration will now end up in court, not to mention overwhelming a system that can’t handle what it has now. The millions unit owners pay to the state cover the costs of association matters would be put into the general fund, a shameful betrayal. SB 5005 would only make Florida’s situation worse, the very last thing we need considering that our fiscal position is as precarious as that fiddler on the roof.
Stop the Repeal or Amendment to the Florida Mold Licensing Law! Support M.A.R.C. of Florida.
By M.A.R.C. BLOG | March 24, 2011 at 06:44 PM EDT | No Comments
The fight to prevent the Repeal of the Current Florida Mold Licensing Laws has reached a Major Victory today!
Mold Related Services have been removed from HB 5005! The removal was via the introduction of HB 5007 which would Amend the current mold licensing law as opposed to repeal the Licensing altogether.
The House Economic Affairs Committee took up and passed the Proposed Committee Substitute for HB, 5005 HB 5007, which repeals several professions regulated by the Department of Business and Professional Regulation, and Mold Related Services were removed from the bill.
The threat of a total Repeal of the Current Mold Licensing Law has been put on temporary hold.
Thank You to everyone who sent emails and made those important calls to your District Representatives and Senators. Your hard work has paid off!
The amendments to the current mold licensing law are listed below.
HB 5007 Amends HB 5005
The PCB was introduced by Representative Esteban L. Bovo, jr. Reducing and Streamlining Regulations: Revises various provisions relating to professions & occupations regulated by DBPR.
The Proposed Committee Bill will amend the current licensing requirements to obtain a Mold Assessors or Mold Remediators License.
HB Bill 5007 amends HB 5005 by:
1. Eliminating the education language requiring advanced education and would only require an applicant to possesses a high school diploma or its equivalent.
2. Eliminating any documented training in water, mold, and respiratory protection and would only require an applicant to pass the current approved licensing examination.
3. Eliminating the requirement of an applicant passing a certification examination offered by a nationally recognized organization and adds the phrase “or state”
4. Eliminates the training in water, mold, and respiratory protection requirement in section 468.8419 Prohibitions: penalties.-
5. Reduces the applicants experience requirement of 3 years to 1 year.
6. Reduces the number of mold assessments or remediation invoices prepared by the applicant from 40 to 10.
Below is the Mold Related Services sections of HB 5007.
CODING: Words stricken are deletions; words underlined are additions.
HB 5007 A bill to be entitled, An act relating to reducing and streamlining regulations; amends s. 14 468.8413, F.S.; revising licensing requirements for mold 15 assessors and remediators; amends s. 468.8414, F.S.; revising 16 the training requirements for mold assessors and remediators; 17 amends s. 468.8419, F.S.; related to prohibitions and penalties 18 for mold assessors and remediators; amends s. 468.8423, F.S.; 19 revises licensing qualifications for mold assessors and 20 remediators;
(1) A person desiring to be licensed as a mold assessor or mold remediator must apply to the department after satisfying the examination requirements of this part.
(2) An applicant may practice in this state as a mold assessor or mold remediator if he or she passes the required examination, is of good moral character, and possesses a high school diploma or its equivalent. completes one of the following requirements:
(a)1. For a mold remediator, at least a 2-year associate of arts degree, or the equivalent, with at least 30 semester hours in microbiology, engineering, architecture, industrial hygiene, occupational safety, or a related field of science from an accredited institution and a minimum of 1 year of documented field experience in a field related to mold remediation; or
2. A high school diploma or the equivalent with a minimum of 4 years of documented field experience in a field related to mold remediation.
(b)1. For a mold assessor, at least a 2-year associate of arts degree, or the equivalent, with at least 30 semester hours in microbiology, engineering, architecture, industrial hygiene, occupational safety, or a related field of science from an accredited institution and a minimum of 1 year of documented field experience in conducting microbial sampling or investigations; or
2. A high school diploma or the equivalent with a minimum of 4 years of documented field experience in conducting microbial sampling or investigations.
(3) The department shall review and approve courses of study in mold assessment and mold remediation.
Section 5. Paragraphs (2) and (3) of s. 468.8414, Florida Statutes are amended to read:
(2) The department shall certify for licensure any applicant who satisfies the requirements of s. 468.8413 who has passed the licensing examination and has documented training in water, mold, and respiratory protection. The department may refuse to certify any applicant who has violated any of the provisions of this part.
(3) The department shall certify as qualified for a license by endorsement an applicant who is of good moral character, who has the insurance coverage required under s. 468.8421, and who:
(a) Is qualified to take the examination as set forth in s.468.8413 and has passed a certification examination offered by a nationally or state recognized organization that certifies persons in the specialty of mold assessment or mold remediation that has been approved by the department as substantially equivalent to the requirements of this part and s. 455.217; or
Section 6. Subsections (1) and (2) of section 468.8419, Florida Statutes, are amended to read:
468.8419 Prohibitions; penalties.—
(1) A person may not:
(a) Effective July 1, 2011, perform or offer to perform any mold assessment unless the mold assessor has documented training in water, mold, and respiratory protection under s. 468.8414(2).
(a)(b) Effective July 1, 2011, perform or offer to perform any mold assessment unless the person has complied with the provisions of this part.
(b)(c) Use the name or title “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof unless the person has complied with the provisions of this part.
(c)(d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner discloses that he or she has the right to request competitive bids.
(d)(e) Inspect for a fee any property in which the assessor or the assessor’s company has any financial or transfer interest.
(e)(f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator’s company for the referral of any business to the mold remediator or the mold remediator’s company.
(f)(g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company.
(g)(h) Accept an engagement to make an omission of the assessment or conduct an assessment in which the assessment itself, or the fee payable for the assessment, is contingent upon the conclusions of the assessment.
(2) A mold remediator, a company that employs a mold remediator, or a company that is controlled by a company that also has a financial interest in a company employing a mold remediator may not:
(a) Perform or offer to perform any mold remediation unless the remediator has documented training in water, mold, and respiratory protection under s. 468.8414(2).
(a)(b) Perform or offer to perform any mold remediation unless the person has complied with the provisions of this part.
(b)(c) Use the name or title “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof unless the person has complied with the provisions of this part.
(c)(d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator’s company provided a mold remediation within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s.489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold remediation and offers to perform the mold assessment, the contract for mold assessment provided to the homeowner discloses that he or she has the right to request competitive bids.
(d)(e) Remediate for a fee any property in which the mold remediator or the mold remediator’s company has any financial or transfer interest.
(e)(f) Accept any compensation, inducement, or reward from a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.
(f)(g) Offer any compensation, inducement, or reward to a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.
Section 7. Paragraphs (1) of s.468.8423, Florida Statutes are amended to read:
(1) A person who performs mold assessment or mold remediation as defined in this part may qualify for licensure by the department as a mold assessor or mold remediator if the person submits his or her application to the department by March 1, 2011 and if the person:
(a) Is certified as a mold assessor or mold remediator by a state or national association that requires, for such certification, successful completion of a proctored examination on mold assessment or mold remediation, as applicable; or
(b) At the time of application, has at least 13 years of experience as a mold assessor or mold remediator. To establish the 13 years of experience, an applicant must submit at
least 1040 mold assessments or remediation invoices prepared by the applicant.
Section 8. Paragraph (d) of subsection (1) of section 324 468.841, Florida Statutes, is amended to read:
468.841 Exemptions.—
(1) The following persons are not required to comply with any provisions of this part relating to mold assessment:
(d) Persons or business organizations acting within the scope of the respective licenses required under part XV of chapter 468, chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure under this part.
Section 9. Subsection (1) and paragraph (a) of subsection (2) of section 469.006, Florida Statutes, are amended to read:
469.006 Licensure of business organizations; qualifying agents.—
(1) If an individual proposes to engage in consulting or contracting in that individual’s own name, or a fictitious name under which the individual is doing business as a sole proprietorship, the license may be issued only to that individual.
(2)(a) If the applicant proposes to engage in consulting or contracting as a partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name, the legal entity must apply for licensure through a qualifying agent or the individual applicant must apply for licensure under the fictitious name.
• John P. Lapotaire, CIEC • Certified Indoor Environmental Consultant • Microshield Environmental Services, LLC • www.Microshield-ES.com
By M.A.R.C. BLOG | March 23, 2011 at 05:32 PM EDT | No Comments
Released March 23, 2011
ABOUT IAQA The Indoor Air Quality Association is a Florida not‐for‐profit corporation established in 1998. IAQA is dedicated to promoting the exchange of indoor environmental information, through education and research, for the safety and well being of the general public. The Association has more than 3,500 members nation‐wide, including more than 400 members in the state of Florida. IAQA provides training courses for mold assessment professionals, IAQ investigators, and mold remediation contractors, but does not act as a certifying organization. IAQA courses have been approved by the Florida DBPR for continuing education credit for licensed trades and professions including HVAC contractors and professional engineers.
BACKGROUND
In 2008, the State of Florida adopted Statutes under Title XXXII, Regulation of Professions and Occupations, Chapter 468, which resulted in licensure of individuals and companies that provide mold‐related services such as mold assessment and mold remediation in Florida.
According to Part XVI, section 468.84, Legislative purpose, it states, “The [Florida] Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold‐related services.”
This action came after months of thorough and exhaustive review by state legislative and regulatory authorities. The views and opinions of the private sector were given serious consideration through a series of stakeholder meetings and hearings in 2006 and 2007. Florida’s Department of Business and Professional Regulation (DBPR) and the Florida Department of Health (DOH) were involved in helping legislators determine the necessity for mold‐related regulations.
The law went into effect July 1, 2010. Required licensure of mold‐related service providers was delayed but became effective March 1, 2011, with enforcement applicable starting in July 2011.
Since July 1, 2010, it is estimated that between 2,500 to 3,000 individuals and companies have obtained or applied for Florida licenses as mold assessors and/or remediators. For each individual certified person or entity, thousands of dollars were spent on training costs, examination fees, and state licensing fees. It is estimated that the state of Florida has already received $750,000 to $1 million in revenue from licensing fees to date.
Prior to the adoption of state regulations requiring licensing of mold‐related service providers, IAQA took the position that, “While allowing any person(s) or company to provide these services can lead to unscrupulous deeds damaging the industry’s overall reputation, laws and regulations that are unreasonable, anti‐competitive or overly restrictive could have an adverse affect on the industry.”
In 2007 IAQA voiced general support for efforts in Florida to license mold‐related service providers, with the caveats that such regulations should only be enacted after detailed and careful study by the state, agencies, including the FL DOH and the FL DBPR, and coupled with meetings and consultation with private sector stakeholders, scientists, and representatives of industry. IAQA also advocated a position that those seeking professional credentials in microbial assessment and/or microbial remediation should be permitted to obtain certification from an independent, credible, third‐party‐accredited certification providers in lieu of state administered training and/or testing requirements. Such an approach relieves the states of bureaucratic and administrative expense while taking advantage of voluntary, industry‐consensus programs already established.
The current Florida regulations were created and implemented in a manner mostly supported by IAQA. That is, the process included thorough, responsible consideration by public and private sector representatives, and the rules implemented recognize accredited certification bodies as developers and administrators of examinations required for licensure.
IAQA POSITION ON FLORIDA HB 4171 & SB 1244 AND THE POTENTIAL REPEAL OF FLORIDA’S MOLD‐RELATED SERVICES LICENSING REGULATIONS
On February 16, 2011, Florida State Representative Grant introduced a bill, HB 4171, in the Florida House that would repeal the newly effective mold licensing regulations. On February 21, 2011, State Senator Norman introduced a companion bill, SB 1244, in the Florida Senate for the same purpose. Both bills have been making their way through committees with high‐majority votes in favor of the bills.
In the analysis of HB 4171 presented to the Business & Consumer Affairs Subcommittee in March 2011, it states, “The bill is anticipated to have a negative fiscal impact on state trust funds from the reduction in fees associated with applications for licensure. The DBPR indicates that the actual reduction is unknown at this time as program requirements are not enforceable until July 1, 2011,” and, “A positive fiscal impact on state trust funds may be anticipated to occur from the reduction in cost associated with processing applications. The DBPR indicates that the actual positive impact is unknown at this time as program requirements are not enforceable until July 1, 2011.”
In essence, the state will lose revenue but also reduce its administrative costs. However, there is no evidence whether this will result in a net loss or net gain for the state trust funds. It is worth noting that while DBPR is responsible for processing applications, the mold licensing rules as written do not burden DBPR with the high cost of licensing activities related to the creation, maintenance and administration of proficiency examinations or training. Theoretically, the mold‐related services licensing program should have substantially lower administrative costs than other Florida licensing programs administered by DBPR or other state agencies.
Under the analysis of HB 4171 presented to the Business & Consumer Affairs Subcommittee, under the section titled, “Direct Economic Impact on Private Sector,” the analysis simply says, “Not anticipated to be significant.” IAQA strongly disagrees with that analysis. Currently, applicants must submit to a criminal background check, are required to attest that they have obtained general liability and errors and omissions insurance for both preliminary and post remediation mold assessment in the amount of no less than $1 million dollars (which is very costly to obtain), disclose contact and background information, complete a lengthy and complicated application, and submit substantial licensing fees. Companies that have worked to meet the current moldrelated services licensing requirements have spent thousands of dollars and resources to comply with the newly effective regulation, including training of personnel and certification testing through non‐governmental entities approved by DPBR. IAQA members have report d costs ranging between $3,500 and $7,500 per employee to become licensed. The economic downturn has placed a severe financial strain on many IAQA members’ businesses, and this new licensure has added to the impact. However, IAQA members are working to maintain compliance with the regulation in order to better serve the citizens of Florida and help raise the bar for the industry.
Another aspect of the current mold‐services licensing regulation that IAQA supported are the provisions requiring professional insurance. Though these provisions have likewise resulted in increased costs of doing business for IAQA members, there is widespread recognition that the insurance provisions benefit Florida citizens. IAQA supported the insurance provisions in the current regulation, despite the high cost of the insurance and the difficulty some contractors and consultants have in obtaining it.
CONCLUSION
Since the rules only became effective March 1, 2011, there has been insufficient time to determine if the current mold‐related services licensing program in Florida improves public safety and welfare, prevents damage to real and personal property, and averts economic injury to the residents of Florida. IAQA sees no evidence of any analysis of this nature by the state, its agencies or the private sector to make such a determination. In fact, in none of the legislative proposals is there any indication given as to why or how the repeal of mold licensing rules benefits the citizens of Florida.
It is IAQA’s position that prior to the repeal of the current Florida mold‐related services licensing rules, the state should conduct a review and analysis akin that those undertaken in 2006 and 2007 by state legislative representatives, state agencies, scientists, and public and private sector stakeholders.
Should a careful, deliberate determination be made by the state of Florida that it is in the best interests of the citizens of Florida to repeal the current mold‐related services licensing program, those best interests should be communicated to the citizens and businesses of the state. Included should be an explanation of how not requiring mold‐related service providers to be licensed and carry professional and liability insurance benefits Florida consumers.
If the mold licensing rules are repealed, it is IAQA’s position that the state of Florida should refund to all current mold‐related services license holders all costs associated with obtaining said licensure, including but not limited to fees paid to DBPR and other state and federal agencies as part of the application process, and related costs directly associated with the pursuit of compliance with Florida’s current mold‐related services licensing regulations.
Please direct any questions regarding this position statement to:
INDOOR AIR QUALITY ASSOCIATION, INC. c/o Glenn Fellman, Executive Director 12339 Carroll Avenue Rockville, MD 20852 (301) 231‐8388 gfellman@iaqa.org
By M.A.R.C. BLOG | March 22, 2011 at 10:21 PM EDT | No Comments
The proposed repeal of the current Florida Mold License Law with the introduction of HB 4171, HB 5005 and SB 1244 is an invitation for Fraud just as FEMA warned after the 2004 Hurricanes hit Florida.
FEMA knew back in 2004 that Floridians were being scammed in their time of need and published the following article.
Floridians who are rebuilding their hurricane-damaged homes and businesses need to be alert for contractors and repair services that engage in fraud and prey on vulnerable disaster victims.
The first rule of rebuilding is never to pay in cash or more than a reasonable down payment before the work is done. The second rule is to check the references of anyone you hire and compare prices in your area. A reliable repair service will have references and insurance to protect its workers, and will offer you a contract specifying that it pays for all materials used. These are things you should insist on.
Many illegitimate contractors drive long distances to reach a disaster area to seek customers who are overstressed and eager to have their homes restored. A number of scams are used, including offers to increase damage estimates and posing as representatives of the Small Business Administration (SBA) or the Federal Emergency Management Agency (FEMA).
All federal agency personnel carry photo identification, which you should ask to see. No federal agent will ask you to pay a fee for any service. If you have internet access you can check a contractor’s licensing status at www.myfloridalicense.com.
That’s Right CHECK FOR A STATE LICENSE!
Don’t Repeal the Current Florida Mold Licensing Law!
The proposed repeal of the current Florida Mold License Law with the introduction of HB 4171, HB 5005 and SB 1244 is an invitation for Fraud just as FEMA warned after the 2004 Hurricanes hit Florida.
Floridians need Licensed Mold Professionals and Consumer Protection!
Say No to the Repeal of the Current Mold Licensing Law!
By M.A.R.C. BLOG | March 22, 2011 at 06:06 PM EDT | No Comments
National Weather Service Warns “Scam Artists Stay Busy During Hurricane Season”.
Scammers expect to make easy cash after storms and hurricanes strike. It’s happened after each recorded Hurricane in Florida. Even before the water recedes disaster restoration contractors descend on Florida offering to quickly help restore Floridians homes. Residents who are often forced to wait days and even weeks for storm cleanup often make bad choices, risking savings & ID theft.
The National Weather Service urges everyone to stay alert for hurricane and tropical weather advisories; but for some residents, the damage continues for weeks or even months after the winds and rain have died down. As local law enforcement authorities and even officials from the weather channel warn, scammers hit the computer, phones, and streets once a storm has passed, hoping to take advantage of vulnerable storm-weary residents.
With the current Mold Licensing Law in place Floridians can now simply ask for a Mold Inspector or Mold Remediators State License and be assured that the individual is not a Fly-By-Night Out of State Scam Artist.
Hurricane Victims Alerted to Scam Offers for Free Mold Inspections and Discounted Mold Remediation!
Consumers may not only lose hard-earned savings, but may also lose their identity. Hurricane scammers hit the streets hard, offering to inspect storm damaged homes and provide affordable remediation. These con artists show up at Florida resident's door often passing out fliers and quick print business cards. They call on the phone, and many hit the Internet as power is restored to a damaged area. When a Scammer appears at the door, he or she:
May be well-dressed and present a business card.
Claim to a represent a well-known company sending workers into the area to help with cleanup and repair.
May be wearing a (phony) uniform that looks authentic.
Usually has a (phony) contract for the resident to sign.
Asks for an advance payment, payable by cash or credit card number.
May claim that neighbors in the area are using his (or her) services to give the client reassurance.
May pose as an independent contractor for whatever repair work is obviously needed.
May pose as a mold inspector, citing extensive mold and mildew damage that can result in serious health problems if not fixed by a professional immediately (mold remediation).
What can a Florida Resident do to protect themselves from Fraud?
Ask for a Florida State Mold Inspector or Mold Remediators License
That is if the current HB 4171, HB 5005 and SB 1244 aren’t passed. If the Bills to repeal the Current Mold Licensing Laws do pass then when the next storm hits its “Caveat Emptor” all over again.
Maybe we should all move to Texas or Louisiana where they refuse to let history repeat itself and are protecting their citizens from fraud after the next storm with solid Mold Licensing Laws.
It’s never been more important to write, email, and call you District Representative and Senator.
The last thing you want to worry about after a Storm is whether or not your Mold Professional is legitimate!
They should just be State Licensed.
Floridians need Licensed Mold Professionals and Consumer Protection!
Say No to the Repeal of the Current Mold Licensing Law!
By M.A.R.C. BLOG | March 19, 2011 at 12:42 PM EDT | No Comments
HB 5005 the Florida Caveat Emptor Law. Caveat Emptor is Latin for “Let the Buyer Beware” (i.e., one buys at one’s own risk). The axiom or principle in commerce that the buyer alone is responsible for assessing the quality of a service before buying.
This is the push from the Governor to reduce government and increase jobs by allowing anyone,yes anyone, to provide you with a professional service listed in the repeal bill to do so without meeting the states current licensing requirements.
Florida floods, tornadoes, hurricanes, and other natural disasters, create a perfect feeding ground for scam artists from both inside and outside of Florida. When it comes to rip-off professionals cashing in on the misery of others, fraudulent Mold Inspectors and Mold Remediators rank high on the list. As Floridians, we had been exposed to these fraudulent mold service professionals for years.
Last year the current Mold Services Licensing Law was passed and enacted. Finally providing Floridians with the much needed Consumer Protection needed for years. Floridians can now request to see a Mold Inspector or Mold Remediators License and review their history on the FL DBPR website before the make the decision to hire.
And now, the new Governor wants to repeal this much needed Mold Related Services Licensing Law.
If HB 5005 passes and we lose the Mold Related Services Licensing Law, all Floridians will once again be exposed to fraud when the next disaster hits.
States like Texas and Louisiana have Mold Related Services Licensing Laws because they know the TRUE need for Mold Services Licensing. They have seen more than their share of Mold and Remediation Fraud recently and have enacted the necessary Mold Services Licensing Laws to protect their citizens.
We have done the same here in Florida and need to fight to keep the Current Mold Licensing Law to protect Floridians from Mold Scams and Mold Fraud.
Update from Dan Pollock, Pollock & Associates, Inc.
The House Business & Consumer Services Subcommittee recently approved in a partyline vote—with all Republican members voting for the bill—the proposed committee bill that would de-regulate nearly 30 licensed professionals under DBPR. The proposed committee bill (PCB) now has a bill number that you can track: HB 5005.
As of now, there is no senate companion to this bill however that can change at any time. There are individual bills to repeal the Mold Services law in its entirety, which are also in play.
The de-regulation of Mold Services is by no means a foregone conclusion! There are 7 weeks left in a 9 week session. Many members who voted for the de-reg bill last week did so based purely upon House politics; not because they believe all 30 professions should be de-regulated. Many have issues with both Home Inspectors and Mold Services going back to the unregulated, wild west that it once was. Many understand that these services were regulated because of bad actors and abuses to consumers that were occurring.
Lobbying efforts are greatly needed. If legislators do not hear from industry representatives, they often feel that it must not be a ‘big deal’ since no one is coming to see them. Emails and phone calls are very important, but they do not take the place of a lobbyist who has a personal relationship with these legislators visiting with them and explaining the history of the profession and how you got to become regulated professionals. Going unrepresented in Tallahassee would be a very risky gamble.
I believe that with hard work lobbying the members we will prevail. I have already started meeting with members to discuss the disastrous results that would occur if the legislature does away with our licensure. I have started this work so that we, as an industry, are not playing catch-up once I am retained as your lobbyist and an agreement is signed. But, I can only do so much work without an agreement and a first payment.
Please inform all interested Mold Services professionals who have a stake maintaining their licensed professional status that now is the time to step up and take action. I stand ready to work tirelessly to defeat this de-regulation measure and, again, I believe that we will prevail.
HB 5005
Deregulation of Professions and Occupations: Deletes provisions establishing DBPR’s Division of Florida Condominiums, Timeshares, & Mobile Homes, Florida Board of Auctioneers, Board of Employee Leasing Companies, Board of Landscape Architecture, Board of Professional Geologists, & Board of Professional Surveyors & Mappers, Motor Vehicle Repair Advisory Council, & Regulatory Council of Community Association Managers; deletes provisions for regulation of yacht & ship brokers, auctioneers, talent agencies, community association managers, athlete agents, employee leasing companies, home inspectors, mold assessors & remediators, professional surveyors & mappers, persons practicing hair braiding, hair wrapping, or body wrapping, interior designers, landscape architects, professional geologists, professional fundraising consultants & solicitors, water vending machines & operators, health studios, ballroom dance studios, commercial telephone sellers & salespersons, movers & moving brokers, certain outdoor theaters, certain business opportunities, motor vehicle repair shops, sellers of travel, contracts with sales representatives involving commissions, & television picture tubes; revises name & membership of Board of Architecture; revises license classifications of public lodging establishments; deletes DBPR’s authority to enforce & ensure compliance of certain provisions relating to condominiums, cooperatives, vacation plans & timeshares, & mobile homes.
Last Event: Now in Economic Affairs Committee on Friday, March 18, 2011 3:00 PM
A bill that would remove the State of Florida from overseeing and regulating a wide variety of business activities is moving through the Florida Legislature right now — and it’s so comprehensive that even the industry leaders currently subject to agency oversight are denouncing the proposed law as bad for Florida.
Garcia reports that over 30 representatives (lobbyists and others) have gone before the House Business and Consumer Affairs Subcommittee to give their testimony of how bad things could get if the Florida state government were to exit the building in these various industries. Even Disney had a man go before the committee, warning of land fraud temptations without Florida’s oversight of time shares. (Disney’s big into the time share condo business.)
What the Deregulation Bill Proposes to Do
It’s a budget cutting manuever that would take the State of Florida out of the business of overseeing and regulating 25+ professions and industries operating for profit in this state — including home inspectors, time-shares, condos, landscape architects, professional surveyors, professional mappers, and other real estate related industries as well as businesses like auto mechanics and travel agencies.
For example, here’s what is being considered regarding architects.
Architects – Currently, an Architect business must be licensed by the state, unless exempt from licensure, in addition to the requirement that the individual be licensed. Persons currently exempt from licensure include anyone who makes plans and specifications for, or supervises the erection, enlargement, or alteration of:
1. Any building upon any farm for the use of any farmer, regardless ofthecost of the building;
2. Anyone-family or two-family residence building, townhouse, or domesticoutbuilding appurtenant to any one-family or two-family residence, regardless of cost; or
3. Any other type ofbuilding costing less than $25,000, except a school,auditorium, or other building intended for public use, provided that theservices of a registered architect shall not be required for minor school projects.
The proposal is to eliminate business license equirements for sole proprietorships for individuals licensed as Architects.
However, with the new shift in power up in Tallahassee, and Governor Scott’s stated intention to run the State of Florida like a business, wide-spread deregulation like this may not face the big fight that it has seen in past years.
Deregulation From a Land Development Perspective
Land developers often find state regulations to be time-consuming and expensive, but all reputable real estate professionals still respect the reality that there are those that push the edge of the envelope (or go past it) for the sake of profit. No one wants to open the door to a free-for-all here in Florida, just because the state is in economic hard times.
So, is this massive deregulation good for Florida? Many respected business professionals think not. Consider what’s being done here. Specifically, the government would be hands-off regarding the following industries:
1. Athlete Agents
2. Auctioneers
3. Auctioneer Apprentices
4. Barbers
5. Body Wrappers
6. Business Opportunities
7. Cattle Owners with Officially Registered Brands
8. Charitable Organizations
9. Community Association Managers/Finns
10. Condominiums and Cooperatives
11. Dance Studios
12. Employee Leasing Companies
13. Hair Braiders
14. Hair Wrappers
15. Health Studios
16. Home Inspectors
17. Interior Designers
18. Intrastate Movers
19. Landscape Architects
20. Manicurists
21. Mobile Home Lots
22. Mold Related Services
23. Motor Vehicle Repair Shops
24. Professional Geology
25. Professional Surveyors and Mappers
26. Rooming Houses
27. Sellers ofTravel
28. Specialty Salons (Manicurists, Pedicurists, Nail Extensions)
29. Talent Agents
30. Telemarketing
31. Timeshares
32. Yacht and Ship Brokers
33. Television Tube Labeling (HB 4013 by Eisnaugle-Reported Favorably by BCA
Subcommittee on 2/8/11)
34. Contract Commissions (HB 4023 by Plakon- Reported Favorably by BCA
Subcommittee on 2/8/11)
35. Water Vending Machines (HB 4009 by Workman- Reported Favorably by BCA
By M.A.R.C. BLOG | March 19, 2011 at 12:33 PM EDT | No Comments
Why do we need a License anyway? I don’t know Consumer Protection maybe? That’s a question I don’t really get asked very often because we Floridians know the actual value of always asking for a valid License before hiring anyone.
At the same time we Floridians are well aware that just having a License doesn’t make anyone great at what they do. We are also well aware that having a License won’t prevent a surgeon from sewing up surgical devices in a patient. And we surely understand that licensed professionals aren’t issued personal ethics and values when they received their license in the mail.
What we do know about a Licensed Professional is that once licensed, WE, that’s right all of us, have a means and a way of putting the Licensed Professional out of business by reporting misconduct and fraud to the FL DBPR, Florida Department of Business and Professional Regulation. At a minimum be assured that the licensed professional was trained in his profession and carries insurance.
Another really great aspect of requiring a Florida License is that the licensed professional also knows that WE have the ability to document our opinion of their work with the FL DBPR in the form of a complaint. The licensed professional knows that WE are watching. The licensed professional knows that if they try to scam US they can have a complaint filed against them. And a licensed professional is very aware that too many complaints mean the potential clients who review their history can and will chose a service provider with no complaints. A licensed professional is well aware of the fact that complaints can lead to the loss of their license.
Now that’s Consumer Protection!
So why would Florida Politicians say “We Don’t Need No Stinking Licenses” and push to repeal the current Florida Mold Licensing Law via HB 4171, SB 1244, and PCB BCAS 11-01???
Well politicians are trying to say that requiring a license is preventing Floridians from getting jobs. Forget that whole Consumer Protection think. Remember politicians get all of their brilliant ideas from their Dad I mean Lobbyist. And Lobbyist get all of their great ideas from Special Interest Groups. “We Don’t Need No Stinking Mold Licenses” was actually the Idea of a New Jersey Corporation. That’s right New Jersey! Not anyone from Florida, Not the Florida Representative or Senator that introduce the Bill to repeal the current Licensing Law. A New Jersey Corporation.
Just which State do these guys actually represent?
Repealing the mold licensing law to create jobs is just political smoke and mirrors. The politicians want to repeal the Mold Licensing Law because the Lobbyist was paid to promote the idea by a New Jersey special interest. And the way they all decided to make the idea fly was to sell it as a J-O-B creating get Florida to work idea. Smoke and Mirrors.
By the way Tampa, you guys need to take note and V-O-T-E at the next election BIG TIME!!! New Jersey? REALLY guys!
I live right here in Florida and neither Senator Norman or Representative Grant has returned my calls or emails. I guess the way to get a returned email or call is to move to New Jersey and hire Representative Grants Dad.
Listen, politicians won’t create jobs by deciding that a Mold Inspector or a Mold Remediator doesn’t need a license. Politicians would just make it possible for more fraud and scams to be committed against Floridians. There have been several unlicensed mold professionals arrested for mold fraud as recently as last month.
If someone wanted to be a mold inspector or mold remediator they could get a job Today! Then the newly employed Floridian could start learning the trade and gain the experience necessary to conduct a thorough mold inspection or provide proper mold remediation. And when he or she is ready and has the necessary training and experience he or she could apply for their own license.
So…..Just how will repealing the current mold licensing law create jobs?
We don’t need political smoke and mirrors and repealing the current Florida Mold Licensing Law is nothing more than Political Smoke and Mirrors!
What WE Floridians need are Licensed Mold Professionals and Consumer Protection!
Requiring a License IS Consumer Protection. A License provides:
a way for Floridians to review a Mold Professionals history.
a way for Floridians to report misconduct or fraud by a Mold Professional.
and lets the Licensed Mold Professionals know Floridians are watching, and that Floridians can review their history, and Floridians can report misconduct and fraud.
A Mold License is a Good Thing for everyone in Florida.
By M.A.R.C. BLOG | March 19, 2011 at 12:29 PM EDT | No Comments
By Jason Garcia, Orlando Sentinel4:46 p.m. EDT, March 15, 2011
In their zeal to slash red tape this spring, Florida lawmakers are going so far that they have begun making even the state’s biggest businesses nervous.
A committee in the Florida House of Representatives unveiled and approved a sweeping plan on Tuesday to eliminate state-government oversight of more than two-dozen professions and industries, from telemarketers and travel agents to home inspectors and auto mechanics.
The 281-page bill is the most far-reaching attempt at deregulation yet undertaken in a year in which Republican leaders from Gov. Rick Scott to House Speaker Dean Cannon of Winter Park have repeatedly vowed to reduce government bureaucracy and make Florida more accommodating to businesses.
But the measure immediately drew opposition from many of those same industries that boosters say they are attempting to help. More than 30 lobbyists and professionals from various industries testified before the House Business and Consumer Affairs Subcommittee, with the vast majority of them urging lawmakers to preserve the current state’s regulatory schemes.
“Sometimes, regulation can be productive,” Nancy Stewart, of the Federation of Manufactured Home Owners of Florida, said as she urged the committee to remove provisions from the bill that would abolish the state agency that oversees condominiums, time shares and mobile homes. “We all know that we have better behavior when someone’s watching.”
Boosters of the bill said many regulations help existing businesses stifle competition. Lifting those rules, they argued, would make it easier for new businesses to set up shop in Florida and, ultimately, they hope, create jobs in a recession-wracked state still weighed down by a 12 percent unemployment rate.
“One of the beauties of our country is that an individual can sit in their living room and draw up a business plan and then go to work. But it’s sad to know that the moment they walk out that door, there are obstacles presented,” said Rep. Esteban Bovo, R-Hialeah and committee chairman, who sponsored of the legislation. “At the end of the day, the goal is to give people the power to start their own businesses and then let them move forward and compete.”
Even by the standards already set this year in Tallahassee — where dozens of bills lifting one regulation or another are rapidly advancing through the Legislature — the legislation introduced Tuesday is breathtaking.
One section, for instance, would abolish entirely Florida’s 23-year-old “Sellers of Travel” law. More than 6,500 travel agencies and independent agents are currently registered under the law, which was initially passed to protect consumers from unscrupulous agents peddling phony vacations.
Among other provisions, the current law requires that a travel agency post a surety bond of up to $50,000 so the state can use it to refund travelers should they be sold a fraudulent vacation package or if the seller goes bankrupt before customers take their trips.
Florida has received more than 13,000 complaints about sellers of travel during the past five years, according to the state Department of Agriculture and Consumer Affairs, which administers the law.
Other sections of the bill, meanwhile, would cut state oversight of the time-share industry. No more, for instance, would government regulators review offering documents by time-share builders to ensure they include adequate disclosures for consumers or in advertising materials to ensure they aren’t misleading.
It was enough to bring even Florida’s best-known employer — Walt Disney World — out in opposition.
Brian Bibeau, a lobbyist for the resort, pointed out that the state began regulating the time-share industry in the 1980s to weed out shady developers who gave the industry a seedy reputation that it has spent years trying to shed.
Disney owns a time-share business, Disney Vacation Club, which is based in Central Florida and has properties in four states.
“Florida has what some people would call a colorful history of land fraud that goes back 100 years. Others would call it a lurid history of land fraud,” Bibeau said. “The division [of condominiums, time shares and mobile homes] was put together to force the bad actors out of these areas of activity. We think it’d be a terrible mistake for you all to deregulate those areas of the division. We strongly oppose it.”
Many other industries expressed similar concerns. The Florida Association of Professional Geologists said state licensing is vital to ensure that geologists have the appropriate technical skills and education levels. The Automotive Service Associations said the state’s regulatory scheme helps resolve complaints with consumers unhappy with car-repair jobs. The Florida Association of Realtors said home buyers need the assurance that comes with state oversight of home inspectors.
“Realtors believe it’s in the public interest to keep those folks accountable to the state and the public,” said Trey Price, a lobbyist for the Realtors association. The Florida Home Inspectors Council, too, testified in support of the state’s current regulations.
Not everyone, however, was critical.
Allen Douglas, a lobbyist for the National Federation of Independent Businesses, which represents small businesses in the state, said many of Florida’s myriad rules and regulations are obstacles for new businesses.
“A lot of these laws are legit. But a lot of them are to limit competition,” Douglas said.
Indeed, much of Tuesday’s three-hour hearing was consumed by dueling testimony from in-state and out-of-state interior designers over whether to lift licensing requirements for commercial interior designers.
Analysts said 255 state-government jobs could be cut if all of the regulations targeted in the legislation were repealed.
The bill ultimately advanced on a 10-5, party-line vote, with outnumbered Democratic lawmakers criticizing what they called “unbridled” deregulation.
“I’m worried that the message we’re going to be sending is not that Florida is business friendly, but that Florida is the wild, wild West,” said Rep. Darryl Rouson, D-St. Petersburg.
By M.A.R.C. BLOG | March 14, 2011 at 12:26 PM EDT | No Comments
Governor Scott is doing all that he can to provide Jobs to Floridians but some would say he is going about it in all the wrong ways.
Ensuring that your Florida professional service provider is Licensed and Insured is the most important piece of information that the Citizens of Florida require from any Legitimate Florida Professional Service Provider prior to hiring and receiving any professional service in the State of Florida.
This would include all professional services from your Licensed Barber or Cosmetologist to the Licensed Home or Mold Inspector you hire to inspect your home before you make the most important purchase of your life.
The idea that eliminating the States requirement for licensing could ever be a good thing is simply ridicules.
A Florida License ensures that Florida professionals meet a minimum requirement necessary to obtain a license Prior to providing their services.
A Florida License means that Floridians have a means of reviewing a licensee’s history prior to hiring and a way of reporting a licensee’s poor or negligent performance if necessary.
A Florida License creates an Informed and Empowered Florida Consumer.
A lack of a Florida License presents a real financial danger to the citizens of Florida.
The Governors’ idea is to de-regulate professional services making it easier for Floridians to get a job. I don’t know about the rest of you but I don’t want an unemployed engineer (for example) cutting my hair just so he has a job.
I do know that the regulating of professions is what separates us from the old Wild, Wild West. It’s what protects Floridians from Fraud, Scams, and Unqualified Contractors.
I do know it is what sets a standard to ensure Floridians receive a trained, insured, and licensed professional services and not the proposed legislation that might as well be labeled HB 101 Caveat Emptor or “Let the buyer beware”.
The introduction of PCB BCAS 11-01 (proposed committee bill) is being heard tomorrow morning in the House Business & Consumer Services Subcommittee.
This is the introduction of a proposed Bill that is “An act relating to the deregulation of professions and occupations; amending s. 20.165, F.S.;”
This is an attempt to deregulate professions from Auctioneers, Barbers, Home Inspectors, Interior Designers, Mold-Related Services, Surveyors and many, many more.
Committee members who need to be contacted to STOP the madness.
Bovo, Jr., Esteban L. (R) Chair, Roberson, Kenneth L. (R) Vice Chair, Abruzzo, Joseph (D) Democratic Ranking Member, Ahern, Larry (R), Artiles, Frank (R), Crisafulli, Steve (R), Eisnaugle, Eric (R), Goodson, Tom (R), Jones, Mia L. (D), Nuñez, Jeanette M. (R), Patronis, Jimmy (R), Rouson, Darryl Ervin (D), Slosberg, Irving (D), Stafford, Cynthia A. (D), Young, Dana D. (R)
By M.A.R.C. BLOG | March 13, 2011 at 06:15 PM EDT | No Comments
You have to be thinking the same thing I am. Who would want to repeal the current Mold Licensing Law that protects Floridians from fraud and scams?
The current Law helps Floridians by providing them with a minimum standard that must be met ensuring that when they hire a licensed mold inspector or remediator they will be experienced and trained.
Any Floridian can check the history of a licensed mold inspector or remediator by going to the Florida Department of Business and Professional Regulation, FDBPR.
Any Floridian can also file a complaint against any licensed mold inspector or remediator with the FDBPR helping to protect the next Floridian by providing information on the licensed mold inspectors or remediators performance.
That’s all a true benefit to Floridians, Right?
Mold Professionals are now being held accountable; must meet a minimum standard, carry adequate insurance, and the consumer can either report misconduct or review prior misconduct by any licensed mold professional they want to hire.
So why would Representative Grant and Senator Norman file HB 4171 and SB 1244 in an effort to repeal the current Mold-related Services Licensing Law?
Maybe this will help clear the air a bit.
The Lobbying firm of Florida Capitol Advocates which includes former Sen. John Grant, was hired by the founder of the franchise Mycelium Holdings, Jason Earle. Mycelium Holdings is a New Jersey based Franchise with no current franchises in Florida.
Florida Capitol Advocates lobbied Representative James W Grant, District 47 who introduced the bill as HB 4171 February 16th. Senator Norman filed the sister bill in the Senate SB 1244. February 21st.
The Mycelium Holdings founder Jason Earle stated, in a phone interview, that he feels the current licensing law inhibits the ability of Mycelium Holdings to rapidly sell franchises and expand into Florida which is why New Jersey based Mycelium Holdings is interested in repealing the current mold licensing law.
Mycelium Holdings also markets the Got Mold? Test Kit
It has been brought to our attention that Mycelium Holdings provides the “Positive” results from their Got Mold? Test Kit to mold remediation franchisees.
If Mycelium Holdings receives any compensation or franchise fee for the referral of positive test results from their Got Mold? Test Kit then Mycelium Holdings is in violation of the current law of section 468.8419 Prohibitions; penalties.
Mycelium Holdings would then have until July 1, 2011 to successfully repeal the current law or be in violation of section 468.8419 Prohibitions; penalties. You see the Penalty Section of the current Law does not go into effect until July.
Now that would be motivation for Mycelium Holdings to hire Florida Capitol Advocates and attempt to repeal the current mold licensing law, wouldn’t it?
So if the current law is repealed via Rep. Grant and Sen. Norman Mycelium Holdings up in New Jersey makes big bucks selling franchises to wealthy business men who can then hire anyone off the street to inspect your home.
After all Mycelium Holdings will be providing the franchisee with a rescued Labrador mold sniffing dog. So why need the business owner or mold inspector to be licensed? Just make sure the dog has it shots and inspect away……….
Who Loses if the Current Law is Repealed? The real losers will be the Floridians who will once again be subjected to unlicensed and unregulated scam artist inspecting and finding mold in their homes and offering to quickly provide an estimate to remediate.
Before the current law was in place it took 29 complaints to stop a mold inspector who also provided mold remediation. 29! That’s 29 Floridians scammed out of hard earned money. With the current law Floridians have a means and a way of reporting and ridding the state of mold inspector/remediator scam artist.
Without the Current Law Floridians Lose!
Who wins if the Current Law is Repealed? Mycelium Holdings up in New Jersey and a few rescue labs that get to live it large in Florida.
By M.A.R.C. BLOG | March 13, 2011 at 06:12 PM EDT | No Comments
Fellow Floridians
I am sending you this message in the hope that you will help prevent the repeal of the current mold licensing law by sending a personal request to NOT repeal the current mold licensing law to both your District Representatives and Senators.
It is very important for everyone you know to do the same. Please share the need to send emails and make calls to everyone you know that would be impacted by the repeal of this law. Send to the media, news papers, radio and TV stations, mold assessors, mold remediators, adjusters, family and friends that will benefit from a licensed mold professional.
With all that was done to create the current legislation and set a mold industry standard for our state it would be a shame and a devastating blow to our industry to see the law repealed.
Please include your current license number and a personal request to NOT repeal the current mold licensing law.
EPISODE 236 -Tony Havics, PE, CIH, CHMM Wane Baker, PE, CIH Tom Yacobellis Particles & Aerosol Physics - More than Meets the Eye & Field Testing Air Filtration Devices -
This week we will discuss the issues that make performing field tests of air filtration devices and HEPA vacuums such a challenge. Tony Havics, PE, CIH,CHMM Wane Baker, PE, CIH and Tom Yacobellis are coming on to discuss the reason particles behave the way they do, the challenges in determining how well we are capturing these particles and the limitations of our instruments and equipment when it comes to particle capture and measurement.
The Air Filtration Device Standards Development Committee (AFD) of the Indoor Environmental Standards Organization (IESO) will be continuing its research efforts by conducting a three-day testing program of HEPA-filtered negative air type or collection machines in mid March. The purpose of this event is to gather additional data to complete the development of an ANSI/IESO Standard for the field evaluation of portable HEPA-equipped air filtration devices. The committee is seeking multi-channel laser particle counters from various manufacturers and the assistance of manufacturers' representatives who are proficient in their use. We hope to help them publicize what they are doing and help listeners LEARN MORE about particles, particulate and aerosol physics this week on IAQ Radio.
Fri, 17 Feb 2012 12:00:37 -0500 EPISODE235 - Ritchie Shoemaker, MD -WDB Illness & Genomics CIRS-WDB Illness Enters the Genomic Era
This week we welcome back Ritchie Shoemaker, MD to discuss the latest research on what he and others call Chronic Inflammatory Response Syndrome (CIRS) from Water Damaged Buildings (WDB). This week we focus on the how the use of genomics is changing or should be changing the medical community. Dr. Shoemaker will give us a background on the issue and review some presentations from the 6th International Scientific Conference on Bioaerosols, Fungi, Bacteria, Mycotoxins in Indoor and Outdoor Environments and Human Health. Dr. Shoemaker and his colleague Jimmy Ryan, PhD have been doing some fascinating research focused on how genomics data can be used to help understand the mechanisms behind CIRS-WDB, lyme disease and other medical maladies. Join us Friday at noon to LEARN MORE this week on IAQ Radio.
Fri, 10 Feb 2012 12:00:10 -0500 EPISODE234 - Steven M. Caulfied, PE, CIH Building Science & IEQ Steve Caulfield is a widely known and respected building science consultant and Senior Vice President with Turner Building Science and Design, LLC. He is skilled in the design and evaluation of heating, ventilating, and air-conditioning (HVAC) systems and their relationship to complex indoor air quality problems. Mr. Caulfield has provided HVAC design and commissioning services for healthcare, educational, and commercial facilities. He has conducted indoor air quality evaluations for both new construction and existing buildings. Turner Building Science & Design, LLC is a professional team of engineers, the collective diagnostic and design experience of their staff includes the indoor air quality evaluation of over 20 million square feet of commercial, industrial, institutional, and educational space. Mr. Caulfield and Bill Turner are regular contributors to Indoor Environment Connections and other industry publications.
Fri, 03 Feb 2012 12:00:06 -0500 EPISODE233- Bradley Prezant, MSPH, CIH, CPE Brad Prezant MSPH, CIH, CPE is a research scientist at Massey University in New Zealand and an Associate Assistant Professor at the University of Washington. Previously Mr. Prezant founded and served as the President/CEO at Prezant Associates, Inc. in the Pacific Northwest. Mr. Prezant was also the Senior Industrial Hygienist at Department of Environmental & Occupational Health, School of Public Health & Community Medicine, University of Washington. Brad Prezant was also the co-editor of the publication from the AIHA, "Recognition, Evaluation, and Control of Indoor Mold" and is a widely respected authority on indoor air quality issues. He got up in the middle of the night to join us from New Zealand. Join us this week to LEARN MORE on IAQ Radio!
Fri, 27 Jan 2012 12:12:48 -0500 EPISODE232B - Sharon Kramer Portion Only of Episode 232 Why is Damp Building Advocate Sharon Noonan Kramer going to jail rather than be silenced about her cause? This week we will explore the situation of former IAQ Radio guest Sharon Noonan Kramer, who has been found to be in contempt of court and will spend at least five days in jail this February. As part of this weeks show we talk to Sharon and ask her to explain the situation for our listeners. According to Sharon her goal continues to be to remove the false concept from policy; state & federal agencies and physicians' offices that it has been scientifically proven WDB do not cause illness beyond the respiratory system in prior healthy people. LEARN MORE this week on IAQ Radio!
Tue, 24 Jan 2012 11:53:19 -0500 EPISODE232 -Sharon Noonan Kramer -Elliot Horner, PhD -Ron Kratz Why is Damp Building Advocate Sharon Noonan Kramer going to jail rather than be silenced about her cause? This week we will explore the situation of former IAQ Radio guest Sharon Noonan Kramer, who has been found to be in contempt of court and will spend at least five days in jail this February. As part of this weeks show we talk to Sharon and ask her to explain the situation for our listeners. According to Sharon her goal continues to be to remove the false concept from policy; state & federal agencies and physicians' offices that it has been scientifically proven WDB do not cause illness beyond the respiratory system in prior healthy people.
We will also have Glenn Fellman and Dr. Elliot Horner on for an overview of the Indoor Air Quality Association's (IAQA) 2012 conference plus Ron Kratz and John Shulte to preview the National Air Duct Cleaners Association (NADCA) 2012 convention. LEARN MORE this week on IAQ Radio!
Fri, 20 Jan 2012 12:00:08 -0500 EPISODE231 - David Bearg, PE -Where IAQ Meets Building Science Mr. Bearg is the founder of Life Energy Associates of Concord MA. He specializes in providing indoor air quality diagnostic and mitigation services with a focus on maximizing the healthfulness of indoor environments at the lowest energy cost. To meet this goal Mr. Berg uses a combination of building science and industrial hygiene principles and techniques to customize a solution for clients.
The primary tools he uses to perform this specialized service are CO2 and dew point monitoring, tracer gas testing, particulate monitoring, pressure mapping/airflow pattern determination and knowledge of how building enclosures and HVAC combine to affect the indoor environment. He develops solutions for building owners that improve healthfulness of indoor environments in the most energy efficient manner for the situation at hand. LEARN MORE this week and explore a fascinating perspective on the synergy between IAQ and building science on IAQ Radio!
Fri, 13 Jan 2012 12:00:29 -0500 EPISODE230 - Bill Weigand & Gary Loiben This week on IAQ Radio we will discuss water damage, fire, odor and association news issues. What should a new employee for a disaster restoration company expect as part of their job duties? What are the opportunities and qualifications to do this work? What is the typical workday like? What education level is required? We will also discuss The Clean Trust issues with Bill Weigand and explore the role of regional trade associations that own The Clean Trust with Connections Events and TRSCA BOD member Gary Loiben. LEARN MORE this week on IAQ Radio!
Fri, 06 Jan 2012 12:01:21 -0500 EPISODE229 - Greg Weatherman, CMC -Remediation Paradigm Shift? AerobioLogical Solutions, Inc & AeroSolver -
Greg Weatherman is an industry veteran with a unique perspective on indoor environmental consulting and contracting issues. His diverse background in various types of remediation along with his current emphasis on consulting for those with environmental sensitivities has lead to some interesting variations on the typical remediation theme. He authored the chapter on investigation and remediation of water damaged buildings in Dr. Ritchie Shoemakerâ??s latest book â??Mold Warriorsâ?? and currently works with some Dr. Shoemakerâ??s patients. LEARN MORE this week on IAQ Radio!
Fri, 16 Dec 2011 12:01:16 -0500 EPISODE228- Jean Cox-Ganser, Ph.D. -NIOSH, Div. Respiratory Disease Studies Jean Cox-Ganser, Ph.D. is the Research Team leader for the Field Studies Branch, Division of Respiratory Disease Studies, NIOSH. For the past 11 years she has been a principal investigator for research studies on the respiratory health effects of dampness and mold in office buildings and schools, and is author or co-author on over 20 peer-reviewed publications, book chapters and reports resulting from this research. Dr. Cox-Ganser is one of the most knowledgeable and influential researchers in the world on dampness, mold and respiratory disease. Join us and LEARN MORE about the latest research into dampness and health.
Fri, 09 Dec 2011 12:01:25 -0500 EPISODE227 -Lance Weaver, IAQ, HVAC & Energy Efficiency Issues Lance Weaver was raised in a disaster restoration pioneers family and has been working in the disaster restoration industry since he was 10. He went on to get a Mechanical Engineering degree and came back to work in his father's business and started Lloyd's Systems in 2007, which specializes in manufacturing, air duct inspecting, cleaning, and sealing.
-Web site: www.lloydssystems.com
Fri, 11 Nov 2011 12:00:40 -0500 EPISODE226 - Joy Finch, MS, Greenville Technical College This week we start the "Education Summit" on IAQ Radio. The IAQ/IEQ, disaster restoration and building science industries have a tremendous mixed bag of educational approaches and options. How can IAQ Radio and our friends help standardize the process of preparing people to move these industries forward? This week we will talk to Joy Finch, MS Department Head/Environmental, Occupational Health and Safety Corporate and Career Development Division and get her input on the education side of the industry. Tune in and LEARN MORE this week on IAQ Radio!
Fri, 04 Nov 2011 11:59:37 -0400
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If your home was built before 1978, a new regulation could affect your remodeling or renovation project. A new federal law requires remodeling contractors who could possibly disturb lead paint during a renovation to be certified and use certain procedures to minimize your exposure.
Q: Why is lead poisoning considered so dangerous?
A: Lead can affect a child’s brain and developing nervous system, lowering their IQ and causing learning disabilities, hearing problems, behavioral problems and slowed growth.
In adults, low levels of lead can lead to high blood pressure and hypertension and can cause damage to the brain, nervous system, stomach and kidneys.
There may be no noticeable symptoms of lead poisoning before the blood level becomes very high and has caused irreversible damage.
Q: How big of a problem is lead poisoning here in Iowa?
A: In Iowa, one out of every 16 children entering school have an elevated blood level for lead poisoning. This is four times the national average. This may be due, in large part, to the large number of houses in our state that were built before 1950.
Q: How do I know if there is lead-based paint in my home?
A: It is estimated that 24 percent of homes built between 1960 and 1978 have some lead, that 69 percent of homes built between 1940 and 1960 do, and that as many as 87 percent of homes built before 1940 do. ” Some homes, even built as recently as 1985, have turned up with large amounts of lead paint.” Although lead paint was outlawed for residential use in 1978, it is still used extensively in commercial paints.
You can hire a certified inspector to find out if there is lead in your home and where it is located.
Q: How is someone exposed to lead in their home?
A: Lead gets into the body when it is either swallowed or inhaled. Low levels can build up in your body over a long period of time.
The most common way to get lead poisoning is from dust. You can see how a home remodeling project could easily disturb some lead-based paint, even if it’s under layers of latex paint. The dust from sanding and other demolition work can be filled with dangerous lead dust.
Q: What types of home renovations are covered by the new lead paint law?
A: Any time more than one square foot of a lead-painted surface is disturbed, the contractor must be certified and follow the new procedures. The new law applies to even small jobs, like window replacements. “Even an electrician that would cut in as few as three electrical boxes would need to be certified,” “It doesn’t take much to meet the requirement.”
Q: What kind of training do remodelers need?
A: An eight-hour class is required with a written test at the end. Then the contractor must apply to the state of Iowa for certification. Every three years they must take a refresher course. For most home renovation projects, the contractor and at least one worker must be certified.
Q: What extra work is required?
A: Contain the work area, sealing off the door to that room and the heating/cooling vents. Avoid renovation activities that create a lot of dust. Clean up well afterward.
Sources: National Association of Home Builders, WebMD
Former tenant says management failed to take action months ago
Greenville, SC –
www2.wspa.com Click for full story and video
UPDATE – POSTED 2/14/12
A former AHEPA tenant says management should have taken action last summer when she lodged several complaints about mold in her apartment.
Donna Lewis says she and her husband lived in the building for seven months in 2011. She says her asthma flared up constantly and both she and her husband suffered allergy and sinus problems after moving to the building in February 2011. She says she could see mold in their apartment and complained to the property manager on several occassions but no action was taken to investigate the problem.
“Two days before we moved out, they sent the maintenance man to scrape the mold off our window and vacuum the carpet, and that was it,” says Lewis.
She says many of her neighbors were also complaining of breathing problems and management should have done something long before now to protect them.
John Hayes, AHEPA’s attorney, says management responded appropriately once they had multiple complaints from several residents.
“If it was just one resident complaining last summer, (management) would have believed the mold problem was limited to that person’s apartment,” says Hayes.
He says AHEPA will refund the Lewis’ $546 security deposit. Lewis says she and her husband have not had any more respiratory problems after moving out of the AHEPA building in October.
ORIGINAL STORY – POSTED 2/10/12
A mold infestation has forced 27 senior citizens to evacuate their apartment building in Greenville. The group that manages the building also has two properties in Columbia that have mold.
AHEPA Apartments 242 is located on Woods Lake Drive. AHEPA is a non-profit organization that provides affordable housing for low-income and disabled seniors in 21 states, receiving funding from the US Department of Housing and Urban Development.
25 of the 48 units in Greenville were evacuated Thursday after an environmental testing firm detected “elevated levels of mold” in the 25 units, according to John Hayes, an attorney representing AHEPA. Hayes says some residents complained of allergies and asthma-like symptoms that could be caused by the mold. AHEPA has also partially evacuated two of its apartment buildings in Columbia because of mold.
“We believe it has to do with the way these buildings were built,” says Hayes, who specializes in construction law. “But we have to not only figure out what’s going on; we have to come up with a plan to fix it.”
He says the same general contractor and architect designed and constructed all three buildings. He says AHEPA has filed a lawsuit against the firms, declining to name them because of the pending litigation.
Hayes says the respiratory issues caused by the mold have not created any more serious health problems for the residents.
“I’ve had bad allergies and headaches,” says Caroline Yokim, one of the seniors who was evacuated. “But I’ve had allergies for a long time, so I can’t say for sure that it was caused by anything environmental here.”
The residents are now being housed at local hotels. Hayes says there is no timeframe on how long it might take to get the seniors back into their apartments.
“We still have to find the exact cause of the mold and fix it because if we don’t fix it, the mold will come back,” says Hayes.
He says an investigation of the two buildings in Columbia showed the structures were built without critical moisture-diversion material that is supposed to be placed between the exterior walls and the facade. The Greenville building will be investigated soon.
Environmental crews were busy Thursday de-contaminating the affected apartments and cleaning residents’ belongings.
By: Monica McNeal| WSAV-TV Published: January 07, 2012 Updated: January 07, 2012 - 5:53 PM
Winter is a tough time for children with asthma. As the temperature drops and kids are more exposed to colds and flu germs at school, the opportunity for asthma to be triggered greatly increases.
According to the Journal of Alllergy and Clinical Immunology. Three ways winter is tough on kids with asthma and their families: kids are indoors and exposed to more germs and pollutants, kids with asthma miss more school in the colder months, and last there are more emergency room visits from asthma suffers.
Doctors say that the key to a successful episode-free winter is symptom control. They suggest to minimize exposure to triggers and to become more vigilant about taking asthma medications. But asthma triggers are not completely within the sufferer's control. Even when a parent is diligent about germ control-like getting everyone in the household flu shots, and being careful about environmental irritants such as using low allergy cleansers and household products; doctors strongly recommend being especially diligent about sticking to prescribed medication regimens.
IAQA 15th ANNUAL MEETING & INDOOR AIR EXPO: MARCH 5-7 IN LAS VEGAS Register by January 31st and Save $50!
The Technical Committee is excited about the high quality of the presentations selected for the program this year. The most important objective of the technical committee this year was to bring ever stronger presenters and more solid presentations to the conference.
A major theme throughout the program is to clearly cite the science underpinning our practices - or to acknowledge where there are gaps in the science. List of speakers and sessions available here. Full conference details and online registration at www.iaqa.org/expo
TITUSVILLE — It could cost as much as $200,000 to rid the Titusville Police Department Headquarters of mold. According to a city report, about 30 percent of the building has evidence of mold.
The Titusville City Council tonight will vote on a $200,000 budget amendment for the mold remediation project at the building at 1100 John Glenn Blvd.
Mold was discovered behind wallpaper in several offices in the building on Oct. 21, and the city has been working with private companies to correct the problem.
“We’re moving with a sense of urgency,” Titusville Support Services Director Tom Abbate said.
In a report prepared for tonight’s council meeting, Abbate said testing indicated that five offices at police headquarters “were found to have hazardous levels of mold” and 37 other offices “needed various lesser levels of mold remediation and renewal.”
“We’re erring on the side of caution,” Abbate said, in doing work in parts of the building that had what were considered nonhazardous levels of mold.
Abbate blames the mold in the 27-year-old, 40,000-square-foot building on water intrusion through the roof and windows of the building.
Abbate said environmental testing is complete, and the remediation is about half-done. Next, the city will hire a company to do repairs to the building, including replacing drywall, repainting and replacing carpeting. He hopes to have the work completed by early January.
In the meantime, some police staff members who worked in affected areas have temporarily moved to other parts of the building not affected by the mold issue.
In his report, Abbate said the council has no alternative but to approve funds for the project, saying: “Immediate remediation of existing mold and the timely return of the affected spaces to a safe, operating condition is essential to maintain the operational efficiency, and health and well-being of city employees.”
Titusville police and public works officials have deferred comment on the issue to Abbate, on direction of City Manager Mark Ryan.
In a previous prepared statement about the mold problem, issued Oct. 31, the police department said that “despite the challenges this represents, the building issues will not affect service levels” to the public, “and all operations will continue as we relocate employees temporarily.”
In that statement, Titusville Police Chief Tony Bollinger said, “Our concern, first and foremost, is the welfare of our employees.”
Abbate said, if the city council approves the plan, funding for the project will come from money previously budgeted as a match for a federal economic development grant the city sought, but that was not awarded.
Your eyes are watering, your throat is dry and itchy, your head hurts and you’re finding it hard to breathe. If these symptoms last longer than the typical cold — and you don’t normally suffer from allergies — they may be signs of poor indoor air quality.
Whether at home or at work, persistent exposure to pollutants in the air can have serious effects on your health. How do you achieve healthy air quality? Here’s what to look for, and a few tips for cleaner, more breathable air.
Causes of poor indoor air quality
According to the United States Environmental Protection Agency, poor indoor air quality is associated with illnesses like asthma, hypersensitivity pneumonitis, and what’s known as ‘humidifier fever.’ In addition to allergy-like symptoms, people who sit for hours in buildings with polluted air may experience unusual levels of fatigue, dizziness, nausea, irritability and forgetfulness. If symptoms of illness seem to abate when you leave your home or office, that’s a strong sign pointing to air quality issues.
There are many factors that detract from healthy air quality indoors. In poorly ventilated structures, pollutants like asbestos, formaldehyde and other volatile organic compounds can build up in the air. These toxic compounds are emitted by products like cleaning supplies, air fresheners, insulation, carpeting, adhesives, office equipment and hobby products. Pollutants resulting from combusting appliances like oil heaters, woodstoves and gas cookstoves, can also be retained indoors.
Improper ventilation not only prevents these pollutants from leaving the building, it can also introduce outdoor pollution like automobile exhaust, boiler emissions and fumes from dumpsters into the air inside due to poorly located air intake vents.
How to achieve healthy air quality
First and foremost, check your ventilation systems. Have a professional inspect and service your home’s HVAC system on a regular basis as well as any ventilation associated with appliances, including your chimney.
While having a tightly sealed home is great for conserving energy, you should ensure that the air within your home is refreshed on a regular basis. Use window or attic fans when weather permits, and install bathroom and kitchen ventilation fans to push potentially polluted air directly outdoors.
Limit pollutants inside your home by storing items like pesticides, paints and thinners, adhesives and fuels in a shed or garage. Choose non-toxic cleaning products and household items with no- or low-VOCs including furniture, finishes, carpeting, bedding and drapery.
It’s also a good idea to grow an indoor garden. House plants like ficus, bamboo palms, pothos and peace lilies actively work to strip pollutants out of the air. These plants will not only beautify your space and bring in a little of the outdoors, but act as a natural air filter.
If you live in an apartment, take steps to temporarily increase the ventilation indoors. Avoid blocking air supply vents, and open the windows every now and then to let in fresh air. Speak to your building management about following the EPA‘s Building Air Quality guidelines.
If your’e concerned about the air quality in your workplace, talk to your co-workers, supervisors and union representatives to see if others are experiencing similar adverse health effects and discuss possible solutions with your employers. If your building managers refuse to address the problem, you can call the National Institute for Occupational Safety and Health (1-800-35NIOSH) to learn about obtaining a health hazard evaluation of your workplace.
NEW ORLEANS — A settlement outlined Wednesday between a major manufacturer of Chinese-made drywall and homebuilders who used the tainted product in Florida, Texas, Louisiana and Mississippi could affect anywhere from 800 to 1,500 homes, attorneys said.
Lawyers called it a significant step toward resolving problems with some 10,000 buildings blamed on the drywall. Read More
Specialty certification programs are a benefit to consumers and professionals alike.
Certifications with a narrow focus are the best way for professionals to explain their expertise to potential customers – and the best way for consumers to find experts who can help them. Specialty certifications give specific information about skills and experience that broad, industry-wide designations cannot duplicate.
Whether you are a professional or a consumer, look for specialty certifications that match your needs – you’ll be connected with the right people in no time!
Did you know? All decisions to award an ACAC certification are made by unanimous agreement of a board of expert industry volunteers. No paid staff members participate in ACAC board-awarding decisions at any time. Currently, more than 100 industry experts serve on ACAC certification boards.
PALM BEACH GARDENS, Fla. -- A woman who moved to our area from upstate New York recently has had quite a time. It has been a frustrating, agonizing experience. The reason? She used a PODS moving container, and somehow it developed some cracks in the roof, causing much of her stuff to get wet and moldy.
Kellie Tracy looked through some of her belongings covered in mold. It fills her garage in Palm Beach Gardens. Framed pictures of loved ones, moldy and water-damaged. Antique furniture with mold on it, box springs with mold damage. Family photos and snapshots that are stuck together. Things she can't replace.
"These are my mothers day cards from my kids that are still wet!" said Kellie.
How did Kellie's stuff get so moldy and water-damaged? She says a PODS moving container that she used when she moved from Oneida, New York to South Florida somehow got damaged while in transit or in storage.
Cracks in the top of the PODS container, allowed moisture to seep in and soak all of her belongings. She didn't realize there was a problem until the PODS container was delivered to her new address in Palm Beach Gardens last week.
"My boxes were soaking wet, slimy, black. It was disgusting, I mean it was disgusting," said Kellie.
Clothing, flat screen TV's, photos, pillows, antique furniture. Mold on almost al of it. Belongings she acquired over a lifetime, ruined in a few months.
"There's tons and tons of black mold. That I have literally fished out of boxes trying to salvage you know just a few of my personal things. There's tons and tons of stuff that I have just thrown away," said Kellie.
She never dreamed a move could turn out so bad.
"My pictures are priceless. So there is no money that is going to bring back my children's pictures and the memories that those pictures held for me. It's sad!" said kellie.
Kellie told us that at first she had trouble getting anyone with PODS to return her calls or deal with the situation. However, they have refunded the nearly $3,000 she paid to rent the container, store it and ship it to Florida.
PODS sent us this statement:
"We extend our most sincere apology to Ms. Tracy. This was a very unfortunate and isolated occurrence and we will continue to work with Ms. Tracy towards an amicable and expeditious resolution." Dwayne Van Horne, PODS
Kellie says PODS sent a representative and an insurance adjustor out to inspect her belongings and try to place a value on what she has lost. She says she hopes to find out in a week or two how much they will pay to reimburse her.
TALLAHASSEE — An analysis of Florida’s hurricane insurance system shows that reform to the Florida Hurricane Catastrophe Fund (FHCF) is necessary, but the impacts on the system as a whole must be understood before action is taken, according to Risk & Reform, a report released today by Florida TaxWatch, the nonpartisan, nonprofit, research institute and government watchdog.
The report examines the financing of the hurricane insurance system and analyzes existing proposals to modify the FHCF to determine the costs and benefits of these proposals and their effects onother components of the system.
“Florida’s property insurance system is broken and reforms are clearly needed to promote a functioning market that will encourage private insurers to return to Florida and reduce taxpayer liability,” said Dominic M. Calabro, president and CEO of Florida TaxWatch. “It is especially important that the state-run entities, Citizens Property Insurance Corporation (CPIC) and the Florida Hurricane Catastrophe Fund, which are designed to protect Floridians from the financial impacts of a hurricane destroying their home, are reformed before the next major storm makes landfall.”
The report outlines the interrelated parts of the system, examines how they are financed, and details the substantial exposure of CPIC and the current concentration of risk. Most importantly, while others have simply called for reform, this Florida TaxWatch report quantitatively analyzes several proposals for reforming the FHCF.
The report finds that currently proposed reforms will reduce the probability, frequency, and amount of potential FHCF assessments on the businesses, consumers, charities, auto owners and others who ultimately pay the FHCF Emergency Assessments, but will increase premiums.
According to the analysis, different reform proposals come with different costs and benefits. All of the reform proposals analyzed in this report would reduce the probability of Emergency Assessments from the FHCF, which would affect nearly all Floridians, but each shows an estimated increase in policy cost for the median policy owner. One proposal would raise the median policyholder’s cost by an estimated $19.25 annually (representing the lowest increase of the proposals analyzed), while the proposal with the highest cost would increase the same policyholder’s cost by an estimated $173.04 annually.
The report also notes that any reduction in exposure for the FHCF via reform increases the net exposure to CPIC, private insurers and reinsurers, Florida Insurance Guaranty Association (FIGA), and the State of Florida. Some immediate legislative reform of the FHCF is necessary because the latest estimate of bonding capability of the FHCF indicates that it is $3.2 billion short of funding its statutory obligations. That means that unless the reforms are made, FHCF will be selling reinsurance to insurance companies that may be unable to meet all of their obligations.
Based on the analysis, Calabro noted, “It is clear that reform is needed, but it is vital that any reform proposals are carefully analyzed to clearly understand the effects on the other components of the insurance system.”
Click here to view this report: Risk & Reward
This report continues our ongoing look at Florida’s insurance systems. For previous research on this topic, please see the Florida TaxWatch April 2009 Special Report, “Florida’s Financial Exposure from Its ‘Self Insurance’ Programs,” available here.
Microshield Environmental Services, LLC for Your Indoor Environmental Assessment or Orlando Mold InspectionToday! 407-383-9459
1170 Tree Swallow Dr. Suite 330 Winter Springs, Florida 32708 51 E JEFFERSON ST ORLANDO FL 32801 424 East Central Boulevard
Orlando FL 32801 8870 Boggy Creek Road
Orlando FL 32824 2607 Edgewater Dr Orlando 32804
If your home was built before 1978, a new regulation could affect your remodeling or renovation project. A new federal law requires remodeling contractors who could possibly disturb lead paint during a renovation to be certified and use certain procedures to minimize your exposure.
Has Mold Invaded Your Florida Home?
Florida Mold Information On Health Department Website
Symptoms Of Florida Household Mold Exposure
IAQA 15th ANNUAL MEETING & INDOOR AIR EXPO: MARCH 5-7 IN LAS VEGAS
TITUSVILLE — It could cost as much as $200,000 to rid the Titusville Police Department Headquarters of mold. According to a city report, about 30 percent of the building has evidence of mold.
Specialty certification programs are a benefit to consumers and professionals alike. 
PALM BEACH GARDENS, Fla. -- A woman who moved to our area from upstate New York recently has had quite a time. It has been a frustrating, agonizing experience. The reason? She used a PODS moving container, and somehow it developed some cracks in the roof, causing much of her stuff to get wet and moldy.
The symptoms started the day Maj. Todd Hutchinson moved into his new office at the Titusville Police Department’s headquarters: constant coughing, sore throat, stuffy nose.
The Air Conditioning Contractors of America Educational Institute (ACCA-EI) Standards Task Team (STT) announces an American National Standards Institute (ANSI) 3rd public review period for a new standard "Existing Home Evaluation and Performance Improvement." This third public review period, started on November 4, 2011, will close at 5:00pm Eastern Time on December 4, 2011.
Toxic chemicals can be found everywhere we look. Whether they are in your home, or the ground underneath, it is important to be aware of chemicals with which you and your family may come in contact. 
By ARAcontent
New campaign urges businesses to fit ventilation systems that comply with European guidelines
So Md News 
The Saffir/Simpson Hurricane Scale
Florida Storm and Hurricane Terms:
Florida House Bill 849 was intended to not prevent a home inspector from using the word “mold” in an inspection and to not interfere with a home inspectors ability to perform his duties when inspecting a home.
After a long wait, EPA is ramping up RRP enforcement against remodelers and other contractors
June 22, 2011
What a difference the professionals in our industry can make when we come together with a common goal. 
Thank you to all of the M. A. R.C. supporters across the state of Florida who helped in this fight to maintain our Florida mold professional license status.
The Senate and House have begun the budget conference process in earnest. The Senate has refused the amendment language in 3 separate committee meetings. 
The Florida House approved HB 5005 that would end the licensure and regulation of 14 professions; luckily Mold Related Services were removed from that bill via the mold services amendment Bill HB5007. 
As with any professional industry it’s vital that the interests of the Mold Industry and the Florida Consumers “our clients” be represented before our state lawmakers and officials. 
by: Charlotte Greenbarg 
The fight to prevent the Repeal of the Current Florida Mold Licensing Laws has reached a Major Victory today!
ABOUT IAQA
The proposed repeal of the current Florida Mold License Law with the introduction of HB 4171, HB 5005 and SB 1244 is an invitation for Fraud just as FEMA warned after the 2004 Hurricanes hit Florida.
National Weather Service Warns “Scam Artists Stay Busy During Hurricane Season”. 
Why do we need a License anyway? I don’t know Consumer Protection maybe? That’s a question I don’t really get asked very often because we Floridians know the actual value of always asking for a valid License before hiring anyone.
By Jason Garcia, Orlando Sentinel4:46 p.m. EDT, March 15, 2011
You have to be thinking the same thing I am. Who would want to repeal the current Mold Licensing Law that protects Floridians from fraud and scams?
Fellow Floridians
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