Calififornia and the Structural Pest Control Board

[Caoimhín P. Connell]

Good morning, All:

I’ve taken the liberty of moving one of Ron’s questions to a new thread. Ron originally asked:

CaoimhÃ*n P. Connell... I have a question for you...

Please read this statement as see if you find anything wrong with it.

This statement is a requirement by the Calif. Structural Pest Control Board. This statement must be in my Ca. WDO Inspection reports.

"This property was not inspected for the presence or absence of health related molds or fungi. By California law we are neither qualified, authorized nor licensed to inspect for health related molds or fungi. If interested parties desire any information about the presence or absence of health related molds or fungi you should contact an industrial hygienist for further inspection."

Thanks for your input...

Best

Ron

Ron and I communicated via e-mail and here was my response:

Good morning, Ron:

I have a big problem with the required language since it forces you to make one false statement and it enforces, without foundation, a false assumption about industrial hygienists.

Let’s start with the false assumption – Industrial Hygienists. Industrial Hygienists come in many flavors; some may be certified and/or competent in “comprehensive practices� (such as myself); others however may be certified and competent in exclusively one area of industrial hygiene such as "noise and sound." Or, they may be exclusively competent in, say, "radiation aspects." Many Industrial Hygienists would not know a mould from crystallized salt deposits, and would know less about the health effects thereof. Yet the California language presumes that an Industrial Hygienist, with no training in mycology, microbiology, toxicology, pathophysiology and no experience whatever in indoor moulds or fungi, is somehow magically competent to consult on the issue of indoor moulds.

The second problem is that the language FORCES you to make a false statement. “By California law we are neither qualified, authorized nor licensed…� The falsehood is that it presumes, again without foundation, that home inspectors are not qualified to make the determination!

Posit: An home inspector with bachelor’s degree in mycology and microbiology and a master’s degree in Public Health performs now runs a business as an Home Inspector. This individual used to work for UCLA as a professor of microbiology and public health and has now retired and now wants to apply his 30 years of microbiological and epidemiological experience in the assessment of indoor moulds and fungi (after all, that’s what he did for 30 years). However, the State of California presumes he is not competent BECAUSE he is an home inspector! And since he is NOT an industrial hygienist, he can't do the work!

So he gets his nephew, an ABIH Certified Industrial Hygienist to sign off his reports. The CIH in question, is 21 years old, has never taken a single class in microbiology, epidemiology or mycology – has never inspected a single property for mould and openly admits that he has absolutely no knowledge of moulds or fungi (and why would he, he studied exclusively ventilation and his ABIH certification is in “Ventilation Aspects�). And yet, the State of California thinks he IS qualified just because he IS an industrial hygienist.

It’s complete madness. However, frankly, and with all due respect, Ron, your State Assembly is rather a national laughing stock in that it seldom in the last two decades demonstrated much wisdom in its rule making processes – which is why Californians are in such dire straights right now.

I can give you real life examples about California rules and regs from my own book if you are interested, but I think the above should illustrate the silliness nicely.

I think most Home Inspectors are quite adequately qualified to do the work.

Feel free to quote me.

Cheers!
CaoimhÃ*n

Cheers!
CaoimhÃ*n P. Connell
Forensic Industrial Hygienist
Forensic Industrial Hygiene

(The opinions expressed here are exclusively my personal opinions and do not necessarily reflect my professional opinion, opinion of my employer, agency, peers, or professional affiliates. The above post is for information only and does not reflect professional advice and is not intended to supercede the professional advice of others.)

AMDG

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[Ron Bibler]

Instead of stating the negative, state what WAS done:

"This property was inspected for the presence of __________________. The absence of information in this report concerning indoor molds or fungi does not indicate the absence of the organisms. If interested parties desire any information about the presence or absence of health related molds or fungi you should request such an inspection from a qualified individual, such as an Home Inspector, Industrial Hygienist or Microbiologist with appropriate experience and training."

Cheers, Brother!
Caoimhín


Thanks Caoimhin...

I will be going to the next Structural Pest Control Board meeting. They have an open Mic for Operators to bring issue to the board attention.

With your permission I would like to use your name and this information to get the board to correct this statement on the Inspection reports.

Best

Ron

On a side NOTE: This is on the Calif. WDO. Boards web site.

EFFECTIVE OCTOBER 23, 2009, THE STRUCTURAL PEST CONTROL BOARD WILL BE TRANSFERRED FROM THE JURISDICTION OF THE DEPARTMENT OF CONSUMER AFFAIRS TO THE JURISDICTION OF THE DEPARTMENT OF PESTICIDE REGULATION

Pursuant to the Governor's Schwarzenegger Executive Order S-13-09, beginning in August 2009, the Board office will be closed the first, second, and third Friday of each month until July 1, 2010.

I would bet the board will be cutting back on a lot of thing along with complaints. Investigation. this board has been under a sunset law for along time. they have been resetting each year. that may change if the states Money problems don't get fix

Best

Ron

[Steve Howell]

There is no requirement in the Structural Pest Control Act requiring such a statement:

"This property was not inspected for the presence or absence of health related molds or fungi. By California law we are neither qualified, authorized nor licensed to inspect for health related molds or fungi. If interested parties desire any information about the presence or absence of health related molds or fungi you should contact an industrial hygienist for further inspection."

The trade organization PCOC and some insurance companies may suggest that this language be put on reports

[A.D. Miller]

Along the same lines, in Texas the State Department of State Health Services has this on their website under mold FAQS:

Real Estate Inspections

Question: Is a real estate inspector licensed in Texas required to have a Texas mold license to collect air or visible spore samples to determine the presence of mold? Such activity is “mold assessment� as defined in §295.302(22) for which a license is usually required. Must he send the samples to a DSHS-licensed lab?
Answer: Yes, a real estate inspector must be licensed as a mold assessment technician or consultant to collect air or visible spore samples to determine the presence of mold. This requirement is supported by both the rules of the department and Texas Real Estate Commission (TREC). The inspector must send the samples to a licensed lab for analysis. A real estate inspector does not need a mold license to visually observe and note the presence of mold.
The department’s rules require a license to conduct mold assessment, which includes the collection of a mold sample. (§295. 311(a), §295.312(b) and §295.302(22)(C). The exemption for commercial or residential real estate inspections under §295.303(a)(1)(C) does not exempt the inspector from the mold license requirement because mold sampling is not part of a real estate inspection in Texas. See TREC Standards of Practice, 22 TAC §535.227(a)(5), (b)(2)(H) and (3)(B). Section 535.227(b)(2)(H) requires a real estate inspector to comply with any other law or license necessary to perform an inspection or service other than that required by the real estate standards of practice which exclude laboratory or scientific evaluation or testing. See §535.227(a)(5). A licensed technician or consultant who collects samples must send them to a lab licensed by DSHS to analyze mold samples. §§295.311(f)(3), 295.312(f)(9).

But, like with all governmental health departments, the better choice of links on their site (after having to deal with their BS) would be:

Find a mental health facility