Structural PE who encounters mold 4

[Forensic74]

If you inspect a residence as a licensed structural engineer and encounter widespread mold and/or a hoarding situation and the house has not been condemned by the local AHJ, what is your duty to notify? I'm not talking about a little spot of mold on the wall....i'm talking about the walls throughout crawling with nasty stuff. Just wondering if anyone else has encountered this and has a standard procedure.

I feel like this could be similar to the engineers at the 9/11 site who got sued throughout the wazoo for people being exposed to asbestos.

 

[jayrod12]

Anytime I come across stuff that I am fairly sure needs addressing but is outside my expertise I note them in my report with the caveat that you need to get an expert in mold/hvac/plumbing/electrical to come and look at the systems to determine conformance and remediation measures.

If it appears dangerous to me I will send a copy of the report directly to the AHJ.

 

[SLTA]

Well, the laws I'm governed by require me to protect the health of people within my service as an engineer. I would think that since you've seen something potentially nasty, you should report it to the homeowner and the AHJ, in writing.

Please remember: we're not all guys!

 

[hokie66]

Why not a report this to the health authorities? I suppose it depends on where you are located, but a building inspector is not likely to know what to do with a mould infestation, or a "hoarding situation", for that matter.

 

[Ron]

Borrowing from my son, the psychology major, hoarding is not an issue we as engineers can or should do anything about, unless the hoarding overloads the building and creates a direct structural threat. Even if it contributes to the mold growth, that is not our issue...only that we should report the mold issue. Hoarding is a mental disorder that can be variously defined and there is not always a clear line between hoarding and clutter. Mentioning the term "hoarding" in any correspondence might open you to more liability than you want. If the person does not have a diagnosed hoarding disorder, then you have stigmatized that person to the public (a building official is a public office). Not good!

As for the mold issue, you should report it as a health concern, but be careful of your wording. I would use something like.....

"Mr./Ms. Building Official.

I am currently providing structural consulting services for the Jones Residence located at 123 Main Street, Anytown. In providing my structural consulting, I noticed what appears to be an inordinate amount of mold growth in the residence, presumably in the wall cavity, but clearly showing evidence of migration to the interior of the residence.

My firm does not provide mold consulting and we are not mold experts; however, in the normal course of our business we have a working knowledge of mold and some of its concomitant issues. As such, I feel it is my professional duty as a licensed engineer practicing under the laws of this state, to bring this to your attention. It is my opinion that a full mold assessment be done by a licensed mold specialist in an effort to protect the health of the occupants. Further action might be indicated from your office, including but not limited to temporary condemnation, depending on the findings of the mold specialist. I ask that you, in the discharge of your professional duties, put the owner on notice that such an assessment must be done."

 

[Forensic74]

I appreciate the thoughts. The root issue here is the potential health and fire hazard. I run into a lot of "strange" things on my inspections and I'm a proponent of "to each his/her own", so I could care less if I need to crawl over chest deep contents to traverse a room while wearing a full biohazard suit. I just dont want to get sued for it if someone gets sick or the house burns and they turn around and claim negligence on my part.

 

[jayrod12]

Besides bringing it to the attention of the building officials (and possibly the health department if you feel it is necessary) I'm not sure what else you could do. I don't see how you could be considered negligent if you notified all the parties you feel necessary.

 

[1gibson]

Can you include a picture, and write as little as possible? Covers the potential "hoarding" and mold issues without using any key words that might get you into trouble.

 

[XR250]

I see hoarding conditions all the time. Seems like that is the reason most people put on additions is so they have more horizontal surfaces to store their crap.
FWIW, if the mold is bad, I won't go in or under the house.

 

[moltenmetal]

I suggest you don't ever go into a forest if you are scared of mold!

As to the duty of care and duty to warn, I think good advice has been given.

 

[XR250]

Not scared, just allergic. The forest does not usually bother me except sometimes in the fall.

 

[IRstuff]

"Why not a report this to the health authorities? "

Probably because it's not a PUBLIC health issue. California law requires disclosure of such things to the buyer, and "strongly recommends" remediation of the root causes, i.e., water seepage, etc.

http://www.cdph.ca.gov/programs/iaq/pages/indoormold.aspx

Renters get more protection, based on habitability laws.

TTFN
faq731-376

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