NAHB: SCIENCE, NOT LEGISLATION, NEEDED TO TACKLE MOLD ISSUE

"The mold issue raises a number of legitimate questions that merit serious discussion and require further investigation," Jerry Howard, executive vice president and chief executive officer of the National Association of Home Builders (NAHB), told the House Financial Services Subcommittees on Housing and Community Opportunity and Oversight and Investigations. "Unfortunately, many of the legitimate issues have become obscured by litigation and misleading information. NAHB is determined to play a constructive role in resolving this issue, which is why we have moved aggressively to educate our membership and provide resources for consumers."

Science shows that three factors must be present for mold to grow: excessive moisture; a temperature between 40 degrees Fahrenheit and 100 degrees Fahrenheit; and an organic food source, he said. The only factor that can be controlled is moisture. Mold is not solely a housing issue. Recent mold claims have also involved schools, government buildings and commercial buildings, which is logical given that conditions for mold are present in all indoor environments.

"All indoor environments must be considered if we are to address this issue," said Howard. "NAHB encourages efforts to find ways to help prevent or minimize the conditions that lead to mold growth and we support further research into construction practices, building materials, building design and occupant practices to identify factors associated with mold growth within indoor environments. Further, NAHB supports research on the potential health effects of mold exposure in indoor environments that will lead to scientifically sound and reliable data."

NAHB is working diligently to educate industry professionals and consumers on the mold issue. Last month, the NAHB Research Center issued a paper that discusses what builders can do to help their buyers understand mold issues and how to deal with potential problems during the construction process. It is available at http://www.nahbrc.org.

NAHB has also moved aggressively to provide resources for home owners, tenants and potential home buyers, who play a vital role in controlling moisture - and thereby minimizing mold growth -- in the home. NAHB has developed a bilingual web site at www.moldtips.com that provides consumers with information on what mold is, how it grows, routine maintenance procedures that can prevent it and how to remove it.

A recent increase in mold litigation claims brought about by people concerned that mold has caused personal property damage and mold-related illness has prompted many insurance companies to write mold exclusions into their builder liability insurance policies, compounding the liability insurance crisis currently facing builders.

"The lack of scientific conclusions has not stopped some lawyers from seeking to take advantage of this issue," said Howard. "There is no evidence that building designs and construction practices are responsible for the increase in mold litigation claims, which often offer only suppositions about the causes of indoor mold growth. Moreover, there is no evidence that mold is more prevalent in new homes than in older homes.

"Ultimately, the increased costs of insurance, and potential litigation will adversely impact housing affordability and could threaten the industry's place as a leading economic component," Howard added.

Given the absence of scientific data, Howard said that builders are equally concerned about recent calls for changes in current building codes and standards. "NAHB will continue to support additional research to identify factors associated with mold growth within indoor environments. We are opposed, however, to legislative and/or regulatory action concerning mold that is not based upon scientifically sound and reliable data, that does not include regional flexibility, and that imposes requirements that are not cost-effective, technically achievable and attainable."

This eUpdate posting by: Steve Joyce