Regulators Hiring, So Fight with the Facts

May 23, 2012 By aagla

By F. Stephen Masek

The regulators are hiring. I attended a meeting on lead-based paint regulations in early March. The California Division of Occupational Safety and Health, better known as Cal/OSHA, informed the audience that they have hired more field inspectors. The Los Angeles County Environmental Health Department is also hiring. If you thought you only had to worry about the remote Federal Environmental Protection Agency (EPA), think again. Region IX of EPA, based in San Francisco, is auditing property owner/managers and contractors in Southern California.

Don’t make the mistake of thinking they are the only threat.

Los Angeles County Environmental Health inspectors assume that all peeling paint on pre-1978 buildings is a lead hazard. They might note such paint during a routine inspection, or in response to a complaint by a tenant. The presentation confirmed what most of us already know: tenants are prolific informants.

When Cal/OSHA performs an inspection, they may not limit it to one issue, but may consider all potential violations. It would be a shame to be tagged for several violations just because a tenant complained about peeling paint which is not even lead-based paint. Sometimes both Cal/OSHA and County Environmental Health inspectors will come together.

County inspectors perform investigations when a child with an elevated blood lead level is identified. Medical personnel are required to report all findings of elevated blood lead levels. Of course, your tenants’ children may be exposed to lead in many ways. Cooking in improperly glazed ceramic pots or being exposed to deteriorated paint at a daycare facility or other residences could also be a problem.

If your building has been inspected and found to have no lead-based paint, or none in a unit in which a child with an elevated blood lead level lives, you will waste far less time dealing with such a case. Even if lead-based paint is present in the unit in which the child lives, documentation validating that it is in good condition is essential. Having proper lead inspection data allows you to focus on maintaining areas where lead-based paint is actually present.

City inspectors also assume that all deteriorated paint on pre-1978 buildings is a lead hazard, and may demand that it be immediately addressed. We have worked with owners of buildings that had to deal with such demands.

Enough bad news. The good news is that none of the regulators will force you to remove lead-based paint in good condition. Proper maintenance is the key to avoiding the high cost of lead abatement.

Every owner or manager of a pre-1978 building should have it inspected for lead-based paint. There is no good excuse for not having done so. The inspections pay for themselves very quickly. They refute government assumption that all paint on all apartment buildings and houses constructed before 1978 is lead-based paint. Thus, there is no need for cumbersome and expensive lead-safe work practices, nor excessive worries about deteriorated spots on paint which are not lead-based. Many managers have told me that prices for work double if lead-based paint is present, or assumed to be present.

If you hire a certified (the class AAGLA offers, plus registration with EPA) contractor to do the work, don’t think you are off the hook. The contractor might be here today and gone tomorrow. Meanwhile, you and your building are here to stay. Owners and managers are the “deep pockets” which liability always finds. If you hire an uncertified contractor, good luck when an audit or complaint comes about. You’re ultimately responsible if the contractor or your employees leave lead contamination. You’re also on the hook if you buy a building which was already contaminated.

If you’ve read my previous articles, you know that lead-based paint is rare in buildings built 1960 and later. Half have no lead-based paint, and the other half had very, very little. Most owners who find they have a building with little lead-based paint immediately removed, to reach the coveted lead-based paint free status. There will be some lead-based paint on most buildings built before 1960, and those in the fanciest neighborhoods tend to have the most, as the best and most expensive paint had the most lead. Old wood windows are a common problem area, so lead-based paint is one more good reason to completely replace them. My company has inspected thousands of buildings, and we’ve never seen a building with it everywhere, not even on a military base.

That real-world reality is miles apart from the regulator’s costly assumption. An owner or manager who has had a building inspected for lead-based paint should make sure that the tenants know, and are reminded periodically. It will prevent tenant worries about any peeling or chipping non-lead-based paint, and prevent wasting time and money responding to inspectors.

If a complaint involves peeling paint which is not lead-based, the owner or manager may simply respond that it has been tested, and state it is not lead-based, so it’s just an appearance issue which will be addressed at their convenience. No further questions from the inspector, and no fines to pay!

Potential tenants, especially those with infants and toddlers, may be attracted to lead-based paint free units. Many owners use their “lead-based paint free” certificates as advertising, posting them in conspicuous places. Lenders, insurers, and buyers will look more favorably on such buildings.

Masek can be reached at 949-581-8503, or visit their website www.masekconsulting.net Copyright© 2012, all rights reserved. Rental industry publications may reproduce this entire article, with attribution to Masek Consulting Services, Inc.

Managing Mold Saves Money and Reduces Liability

September 23, 2011 By aagla

by F. Stephen Masek

Too many landlords and managers don’t know what to do about mold. Many owners have been sued by tenants because they weren’t vigilent enough. Take a pro-active approach to dealing with mold and keep small problems from turning into big expenses or lawsuits.

Quick action is critical, so advance planning is essential. Conventional “wisdom,” like using bleach, is wrong, as is making your first mold call to an insurance company or “restoration” contractor. You need a good independent environmental consultant to deal with mold, and don’t forget about lead and asbestos. They may also be involved. While mold is not regulated, except by the general duty to warn of hazards, a mold lawsuit can be very expensive.

Improper actions by tenants are a major cause of mold, so it is wise to periodically send written reminders to them telling them that mold is naturally occurring and present in all dwellings. Proper ventilation, including proper use of bathroom vent fans, will substantially lower mold levels. Water from houseplants, tubs, and sinks should not be allowed to stand on walls or floors. Proper housekeeping and carpet cleaning will significantly reduce mold levels.

Remind renters that they have a duty to promptly report water intrusion from roofs, walls, windows, or leaks in water or sewer lines. Good leases require that tenants promptly report water intrusion and suspected mold.

All landlords should also regularly inspect units, or have managers do so.

Experienced consultants know that there is a strong correlation between messy, cluttered units and higher mold levels. Mold grows on window glass, or more properly the dirt built up on the glass which has not been cleaned for years.

Develop a questionnaire to give to tenants who submit a work order or voice a complaint regarding mold. Questions to include are: 1) Where is the suspected mold? 2) How long has the problem been evident? 3) How large an area is affected? 4) Is there an unusual odor? 5) Are there respiratory or other health problems that have developed or worsened? 6) Do you always use the bathroom vent fan and/or open the bathroom door and window after using the shower?

There are generally significant levels of mold present in the outdoor air. Thus, even demolition and cleaning of the entire interior of a building would at best lower the mold levels to roughly outdoor levels. Some molds are associated with health complaints, but there are no laws, regulations, or standards to differentiate acceptable from problematic mold levels. While one person may be quite irritated by a certain mold, another may not be bothered by it at all.

Mold growth often starts less than 48 hours after a pipe leak or other water intrusion event, so quick action is essential. Your first call should be to an independent environmental consultant, not an insurance company or “restoration” contractor.

A mold inspection includes a visual examination, testing temperature and humidity, testing materials to determine moisture content, collection of air samples, indoors and out, for comparison, and sometimes collecting surface samples (tape or swab) of suspect mold.

Some people like to show off expensive infrared cameras, but wet and cold often look the same, so a good old fashioned moisture meter is essential. Mold surveys or inspections should also include testing materials that need to be removed for asbestos and/or lead-based paint. While there are no government licenses or certifications for mold consultants, asbestos and lead consultants do have to be certified.

Whether there is mold or not, water intrusion should be stopped immediately and any wet materials that are not yet moldy should be dried promptly. Fans and dehumidifiers are very helpful, but it is often necessary to cut holes in walls and other areas to allow the air flow needed to dry all of the wet materials.

Besides not having enough equipment, two common mistakes with dehumidifiers are that the area to be dried is not enclosed with plastic sheeting. The machines, in essence, are trying to dry the entire Earth. Second, and just as comical, open buckets for the water discharged from the dehumidifiers are placed in the space to be dried, creating a repeating loop in which the water re-evaporates into the space and is again collected by the dehumidifier.

Mold remediation work should be well planned to avoid spreading mold. It is typically conducted within a negative pressure containment made of polyethylene sheeting. The workers performing the work should be outfitted with the proper personal protective equipment – generally Tyvek coveralls, full face respirators, and gloves.

If asbestos or lead is present, properly trained workers and other special procedures are required. Once the area in which the mold is contained, the non porous moldy materials are cleaned and removed, porous materials are demolished and bagged for disposal as trash (unless they also contain asbestos or lead).

Adjacent materials that are contaminated, such as insulation which was covered by moldy drywall, are also removed. Carpet is too inexpensive to try to clean. It is important to thoroughly clean wood structural elements where mold was present. Generally, the wood is sanded, wire brushed, or cleaned with abrasive pads. The dust from the demolition and cleaning is collected using vacuums equipped with HEPA filters. The wood and other surfaces are then cleaned.

Bleach is the wrong thing to use, as it emits chlorine gas, and can damage many materials. It will kill mold, but dead mold spores can still cause an allergic reaction, so a good soap or detergent is much better. It is a good idea to coat the cleaned wood framing with a biocidal encapsulant (thick paint), such as Foster’s 40-20 or Fiberlock IAQ. For more complex projects, the environmental consultant should be present during the work to direct the crew and document the work.

Masek can be reached at 949-581-8503, or see their web site http://www.masekconsulting.net Copyright© 2011. All rights reserved (rental industry publications may reproduce this entire article, with attribution to Masek Consulting Services, Inc.).