Biological contaminants include mold spores, mildew, animal danger, common house dust, dust mites and viruses. Such indoor environmental contaminants may trigger allergic reactions and asthma in sensitive individuals. The adverse health effects of exposure to biological contaminants include irritation of the eyes, ears, nose, throat and lungs, coughing, shortness of breath, dizziness, lethargy, fever and digestive problems. In extreme cases, the presence of biological contaminants can render a house unsuitable for habitation by sensitive individuals, children and the elderly.

In the last 10 years an explosion of mold-related litigation has resulted in the elimination of insurance coverage for mold damage in most homeowner's insurance policies. Like oil and hazardous materials, mold has become identified by the insurance industry as a bottomless pit of liability. Marsh & McLennan identified mold losses as a billion dollar problem in a recent white paper. (Click on this web site for information on this report:
http://www.marsh.com/MarshPortal/resources?id=a26aa0221255403f9c8777992ebe1697). The general press has caught on to the 'mold scare' and sensationalized the most difficult of mold problems. (Click on: http://www.usatoday.com/news/nation/2002/06/20/mold-usat.htm). Recently Erin Brockovich, the subject of the eponymous biopic starring Julia Roberts brought suit alleging mold related problems in her newly constructed Los Angeles home.

Molds grow naturally in the presence of moisture and are ubiquitous in the natural and built environment. Molds and mold spores are benign outside of living quarters. However, molds and mold spores may cause health problems when present in more than minimal amounts indoors. Houses that suffer water penetration through the roof, eves, exterior walls or foundation are at greatest risk of mold contamination. Inadequately ventilated houses, including newly built and highly insulated houses are also at risk of mold problems. Moisture and warmth are the preconditions of mold growth. Mold will not grow if moisture is not present.

At the present time, the federal Environmental Protection Agency ("EPA") has not chosen to regulate the presence of mold or mold spores. However, EPA has authored numerous publications dealing with indoor air quality issues. (Click on: www.epa.gov/iaq/). The Massachusetts Department of Environmental Protection ("MDEP") does not regulate indoor air quality. The Massachusetts Department of Public Health ("MDPH") and Municipal Health Boards have broad authority under the State Sanitary Code - Chapter II, 105 CMR 410.000 (Minimum Standards of Fitness for Human Habitation) and under M.G.L. c. 111 to protect public health by requiring the elimination of health hazards and public nuisances by means of orders to correct deficiencies and condemnation orders. However, MDPH has no specific regulations or protocols with respect to biological contaminants, including mold. (Click on: http://www.state.ma.us/dph/beha/iaq/overview.htm).

EPA and MDPH recommend that mold sampling and analysis be conducted consistent with the methods suggested by the American Industrial Hygiene Association (AIHA), the American Conference of Governmental Industrial Hygienists (ACGIH) and other professional organizations. Methods for remediation have been suggested by the AIHA and the ACGIH. Information on mold and other biological contaminants is available at www.epa.gov/iaq/biologic.html and www.epa.gov/iaq/molds/moldguide.html. Potential home buyers should be advised that the presence of small quantities of mold or mildew are unlikely to lead to immediate health risks. However, the detection of mold, mildew or other indoor air contaminants should trigger further investigation to determinate if the conditions for a substantial problem are present and repairs or remediation are warranted.

(Editor's Note: Environmental lawyer Philip B. Posner originally wrote this article for a publication by Massachusetts Continuing Legal Education. It is reprinted with permission.)

Philip B. Posner, Esq.
Metaxas, Norman & Pidgeon
900 Cummings Center Suite 207
Beverly, MA 01915-6121
Tel: (978) 927-8000
Fax: (978) 922-6464
E-Mail: pposner@mnplaw.com