Apartment Owners and Managers: Water and Mold Cleanup and Remediation Issues

By Patrick Moffett

Who Am I and How Do I Manage My Buildings:

To introduce myself, I'm a building owner of several buildings in California and Arizona. Managing them is part of my weekend job that I do in person or by phone. In my main line of work I'm a general contractor specialized in investigating construction and building defects that result in water damage, wood rot and mold growth. I'm also a California registered environmental assessor investigating asbestos and other regulated waste issues, an OSHA 501 general industry compliance teacher; and, I lecture contractors and insurance adjusters on codes, regulations and industry standards. 

In the buildings I own and manage, I want tenants to report faucet and plumbing fitting leaks, and toilet and clothes washing machine overflows to me immediately. I want tenants to tell me if the leak is something they can easily repair such as a loose hose fitting to a washing machine, whether I need to rush over to the building or do I need to hire a plumber. I also want to know if I need to hire a qualified water damage restoration contractor to clean up and dry wet carpet and pad and wet building materials.  

In an attempt to avoid plumbing leaks that can end up in extensive building damage, I educate tenants in their responsibility to keep the living space clean and dry. Some of that responsibility is to simply turn off faucets when not in use, inspect why a toilet tank continues to run, and when you see a plumbing leak determine why it's leaking. I even discuss with tenants what I believe are other common sense issues such as closing windows and doors when it is raining, turning on the bathroom fan or open the window when taking a shower, calling me when a faucet leaks, and call me when you see mold growth or building rot and decay - report it immediately. 

As a property manager, I realize water damages can occur day and night including weekends and holidays. At times when I cannot be contacted, tenants have a list of approved licensed contractors they can call 24-hours a day to fix a leak, a broken pipe, or repair building damage including mold growth. In my absence, contractors on my list have been instructed to document the cause of a leak or pipe break by taking digital pictures and report their findings back to me.  

Regulations, Recommendations and Industry Guidelines:

There are many website articles that advise apartment building owners and managers how to properly take care of their buildings when a leak, flood or mold growth occurs. Some websites can be found on the California Indoor Air Quality Program⁽¹⁾ and the California Department of Public Health⁽²⁾website. California Indoor Air Quality Program even references Washington State Department of Health May 2007 requirements for landlords to notify tenants about mold⁽³⁾. Through the Los Angeles County Public Health Department, Environmental Health Division is the Guide to Residential Tenants' and Landlords' Rights and Responsibilities⁽⁴⁾. Another website about water and mold can be found through California DHS and EPA^{(5, 6)}. If you have questions about mold, asbestos and lead-base paint that may be in flooded buildings, a good resource is California EPA⁽⁷⁾; along with the California Department of Housing and Community Development⁽⁸⁾ and the California Department of Insurance⁽⁹⁾. There are several websites of interest where HUD properties (including Section 8 housing) exist^{(10, 11, 12, 13)}. California has two associations where residential property managers can acquire good information including NARPM⁽¹⁴⁾ and CAA⁽¹⁵⁾. The CAA website has an excellent mold remediation guideline⁽¹⁶⁾.

Steps to Follow When Apartments Are Damaged by Fire, Water and Mold:

The advice I'm providing in this brief article is based on 25 years of experience including expert witness testimony in numerous arbitration, mediation and court cases. The information below is based on sound information from regulations and industry guidelines. Each water and fire damage and mold remediation situation is different and so are the complications for cleaning them up followed by sanitizing and drying the structure and repairing the building. Apartment owners and managers should seek professional advice from licensed plumbers and water damage restoration contractors and certified or registered indoor environmental experts. 

1.   Emergency Action Plan

a.         Have an emergency action plan in place for dealing with building-related catastrophes including earthquakes, fires and floods. The plan should be reviewed and updated yearly or as often as necessary.

b.         Ensure property managers are familiar with the emergency action plan and how to implement it. 

c.         Ensure tenants have a copy of the building's emergency action plan. Tenants should be told about situations that cause the plan to be implemented; who is the building owner's representative in charge when a disaster strikes; what tenants are required to do until emergency help arrives.

d.         In some communities and buildings, it may a code requirement to publically post the emergency action plan in a conspicuous place.

2.   Sound Advice

a.         Property managers located off-site should have an emergency 24-hour phone contact system in place with tenants. 

b.         Advise tenants to report signs of gas and smoke smell and fire immediately to the 911 phone dispatcher.

c.         Most small and all major building floods from broken pipes and leaky roofs and especially sewage backflows should immediately be reported to property management and if necessary to the fire department.

d.         Advise tenants, they should stay out of water damaged rooms. Water and electricity is a dangerous combination and any contact with electrically charged water can result in serious injury or death.

e.         From an upper floor leak or flood, water can become trapped in ceilings resulting in hundreds of pounds of water-soaked materials. Stay away from ceilings that can fall.

f.          Water on floors becomes a slip, trip and fall hazard.

g.         Contact with unsanitary water overflowing from toilet bowls, showers and tubs can cause occupants to experience illness and disease. Do not touch sewage contaminated surfaces. 

3.   Plumbing Leaks and Floods

a.         Only qualified persons should investigate and repair plumbing leaks. A qualified person may be a handyman who is trained and experienced in fixing small leaks.

b.         When repair or replacement work is over $500.00 or when plumbing services require a plumber to complete the repair, only a California licensed plumber is qualified to do the work.

4.   Water Damage Cleanup and Structural Drying

a.         A qualified janitor or handyman having the expertise and equipment to clean, sanitize and dry wet flooring may be capable of completing the job. 

b.         However, in situations where janitors and handymen do not have the equipment and the expertise to cleanup, sanitize and dry water damages including sewage, it is highly recommended that a California licensed general contractor having industry certifications in water damage restoration and structural drying be hired to professionally mitigate (evaluate, clean, sanitize, dry and repair) all building damage. 

c.         In situations where wastewater is considered grossly unsanitary, all affected carpet and pad, drywall and insulation and other highly porous materials are considered "not salvageable;" they need to be cut out and disposed. The remaining materials are to be cleaned, sanitized and dried in order to bring the building back to a healthy condition.   

5.   Mold Damaged Building Materials

a.   While California has not yet followed the example of some states who license mold remediation contractors and environmental professionals, California requires mold remediation contractors that open up and removes damaged building materials, they are expected to be licensed with the California State Licensing Board (CSLB). Further, any demolition or remediation work that is more than $500.00 requires the company or individual to have a valid California contractor's license.      

6.   Asbestos and Lead Paint

• a. Older buildings built before 1985 (and some after 1985*) are believed to have asbestos in the building materials, including but not limited to blown acoustic ceilings, plaster and drywall walls and vinyl flooring. If these materials are not disturbed, they are relatively safe. However, disturbing (scraping and cutting) into these materials must be avoided unless tests show they do not contain asbestos.
• i. *Some newer buildings have tested positive for asbestos. Unknown to many people, most asbestos-containing materials are not banned by law. Only some surfacing materials were taken off the market. Most asbestos regulation bans apply to grade and high school buildings, not homes and businesses.

b.         Older buildings built before 1978 are believed to have lead paint in them. Chipping or removing paint must be avoided unless tests show they do not contain lead. 

c.         The handyman, plumber, electrician and water and mold damage remediation contractor are required by California codes and regulations to not damage any building material that is likely to contain asbestos or lead paint. 

d.         The property manager, handyman and all tradespersons are to test building materials presumed or suspected of having asbestos and/or lead paint in them even though the tests may come back negative. 

e.         Testing must only be completed by licensed professionals and analyzed by qualified laboratories. Not using licensed testing persons puts the liability back on the building owner and property manager.   


About the Author:

To name a few of his qualifications, Patrick Moffett is a California registered environmental assessor, licensed general contractor, and a senior environmental/industrial hygienist with Environmental Management & Engineering, Inc. located in Huntington Beach, CA. Patrick has published 5 books and over 50 technical articles dealing with water, mold, sewage and fire damaged structures. To contact Patrick call his office at 714-379-1096 or email at PatMoffett@att.net.

Source References:

1. http://www.cal-iaq.org/iaqsheet.htm 
2. http://www.cal-iaq.org/cal-iaq%20moldinformation.htm
3. http://www.doh.wa.gov/ehp/ts/IAQ/mold-notification.htm
4. http://lapublichealth.org/eh/housing/brochure/tenright.pdf
5. http://www.epa.gov/iaq/states/california.html 
6. http://www.cal-iaq.org/MIMH_2006-06.pdf
7. http://www.calepa.ca.gov/Questions.htm
8. http://www.hcd.ca.gov/codes/shl/resources2.html
9. http://www.insurance.ca.gov/0100-consumers/0060-information-guides/0040-residential/mold-and-your-home-policy.cfm
10. http://www.hud.gov/offices/lead/healthyhomes/mold.cfm
11. http://www.healthyhomestraining.org/Documents/HUD/HUD_Mold_Report_Congress.pdf
12. http://www.sonoma-county.org/cdc/s8owners.htm 
13. http://www.hud.gov/offices/hsg/mfh/rfp/docs/rfp_hap.doc
14. http://narpmcalifornia.org
15. http://www.caanet.org
16. http://www.caanet.org/AM