Toxic Mold Protection Act 2011
Mold is not new to the world and has particular infamy amongst insurance providers. It has always been an issue for insurers when it comes to handling water damage claims. The increasing amounts of mold disease and exposure cases have concerned people enough to create an act to protect U.S citizens against mold. The main people affected by this act are: tenants, landlords, and insurance providers.
The Toxic Mold Protection Act of 2011 includes clauses directed at the prevention of health complications caused by the presence of mold in indoor environments. The health effects of mold exposure vary widely from person to person, based off of their sensitivity to mold, allergies and immunities. This act also includes orders for the California Department of Health Services, also known as DHS, to form a task force that will work in collaboration with them to address the following four standards:
1. Permissible level of mold in indoor environments.
2. Practical standards to assess the health threats posed by the presence of mold;
3. Scientifically valid methods to identify the presence of mold; and
4. Practical guidelines for the remediation of mold.
The presence of a poor indoor environment may result in lawsuits against either tenants, building owners or even the insurers of the building. The defined standards DHS has defined serve as a threshold for the guidance of courts in relevance to the level of mold present in a living space. Any landlord who is aware of the environment of the building or has knowledge about any water damage in the area would be held solely accountable by DHS and the court.
This act makes landlords, tenants and building owners more vigilant about the discovery of mold and allows them to let the appropriate parties know. Then, the responsible party must alert water damage professionals so they can ensure the mold has been completely removed from the building.
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