S05 - Mold Assessment Report - Building 29 -CLC - Gym.pdf

McLellan Integrated Professional Services, LLC | Environmental Consultants

8330 LBJ Freeway, 830 | Dallas, Texas 75243 | 682.225.3050 | tod@mipservicesllc.com

MOLD ASSESSMENT REPORT AND MOLD REMEDIATION PROTOCOL

Bonham VAMC – Building 29 – CLC Gym 1201 E. 9th Street

Bonham, Texas 75418

May 14, 2025

MIPS Project No. 01M1010074

Prepared for:

Department of Veterans Affairs Network Contracting Office 17 C/O Ms. Samantha Hites

COR

5441 Babcock Road, Ste. 302

San Antonio, Texas 78240

Prepared by:

McLellan Integrated Professional Services, LLC 8330 LBJ Freeway, Suite 830

Dallas, Texas 75243

Mold Assessment Report and Mold Remediation Protocol

5441 Babcock Road, Ste. 302 San Antonio, Texas 78240

Re: Mold Assessment Report and Mold Remediation Protocol Bonham VAMC – Building 29 – CLC Gym 1201 E. 9th Street Bonham, Texas 75418 Project Number: 01M1010074

Ms. Hites, McLellan Integrated Professional Services, LLC (MIPS) was retained to perform limited mold assessment services and develop a Mold Remediation Protocol for the Bonham VAMC — Building 29 – CLC Gym, located at 1201 E. 9th Street in Bonham, Texas 75418.

MIPS appreciates this opportunity to be of service and looks forward to our continued work together. Please contact me at 682.225.3050 or tod@mipservicesllc.com with any questions or concerns.

Sincerely, Tod L. McLellan, CEO

Robert W Storment Certified Industrial Hygienist

MAC

March 14, 2025

Table of Contents

1.0 EXECUTIVE SUMMARY

2.0 INTRODUCTION

3.0 DISCLAIMER

4.0 PROCEDURE

5.0 CONCLUSIONS

6.0 RECOMMENDATIONS

7.0 MOLD REMEDIATION PROTOCOL

7.1 PURPOSE

7.2 SCOPE OF WORK

7.3 PERSONAL PROTECTIVE EQUIPMENT: ASSESSORS

7.4 SAMPLING AND DATA COLLECTION

7.5 REMEDIATION PROCEDURES

7.6 POST REMEDIATION & CLEARANCE PROCEDURES

7.7 SOURCE REPAIR

APPENDIX A................................................................................................................................................ i

APPENDIX B............................................................................................................................................... ii

APPENDIX C ............................................................................................................................................. iii

APPENDIX D ............................................................................................................................................. iv

APPENDIX E............................................................................................................................................... v

1.0 EXECUTIVE SUMMARY

McLellan Integrated Professional Services, LLC (MIPS) was retained by Ms. Samantha Hites, representing the Department of Veterans Affairs Network Contracting Office 17 (CLIENT), to complete a limited Mold Assessment and develop a Mold Remediation Protocol for the Bonham VAMC – Building 29 – CLC Gym, located at 1201 E. 9th Street in Bonham, Texas 75418. This assessment, completed on Friday, April 25, 2025, included visual investigation assessment and moisture mapping in representative areas of Building 29 – CLC Gym.

The likely cause(s) of water-damaged and/or fungal-contaminated building materials observed in the Building 29 – CLC Gym is associated with a broken pipe in the HVAC system within A1011- A, which affected building materials in several areas around the CLC Gym.

1. In accordance with the Mold Assessors and Remediators Occupation Code (Chapter 1958) and the Mold Assessors and Remediators Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 78, MIPS has prepared a Mold Remediation Protocol, which will address fungal contamination affecting less-than twenty-five (25) contiguous square feet of building materials and is not considered notifiable to the Texas Department of Licensing and Regulation.

Respectfully Submitted, Tod L. McLellan

CEO

MAC1361

Exp. 4.02.2026 McLellan Integrated Professional Services, LLC

Sean McLellan

MAC1649

Exp. 9.29.25 McLellan Integrated Professional Service, LLC

2.0 INTRODUCTION

MIPS was retained by Ms. Samantha Hites, representing the Department of Veterans Affairs Network Contracting Office 17 (CLIENT), to complete a limited Mold Assessment and develop a Mold Remediation Protocol for the affected areas within the Bonham VAMC — Building 29 – CLC Gym located at 1201 E. 9th Street in Bonham, Texas 75418. The purpose of the investigation was to determine if water-damaged and/or fungal-contaminated building materials were present within the investigation areas.

Mr. Tod McLellan (MAC1361) and Mr. Sean McLellan (MAC1649) of MIPS completed the on-site investigation on Friday, April 25, 2025. During the investigation, Bonham VAMC staff were present and provided access to the Bonham VAMC—Building 29 – CLC Gym. The client reported that the fungal contamination of building materials within Building 29 – CLC Gym was likely due to a pipe break associated with the HVAC unit within A1011-A.

Following the interview with the client, MIPS completed the Mold Assessment of Building 29 – CLC Gym within the Bonham VAMC.

3.0 DISCLAIMER

All conclusions and recommendations in this report represent the professional opinions of MIPS personnel involved with this project. The results, findings, conclusions, and recommendations expressed in this report are based on access provided, conditions observed, and samples taken (if applicable) during MIPS on-site assessment services. The information contained in this report is relevant as of the date on which the fieldwork was performed and should not be relied upon to represent site conditions at a later date. MIPS services and this report have been conducted and prepared on behalf of and for the exclusive use of the Department of Veterans Affairs Network Contracting Office 17, solely for their use and reliance in assessing the presence of impacted building materials in the identified Investigation Areas of the site. The Department of Veterans Affairs Network Contracting Office 17 was the only party to which MIPS explained the risks and limitations of the services and was solely involved in shaping the scope of services. The purpose of the recommendations included in this report is to address the mitigation and remediation of building materials affected by the loss event, which occurred on or around Friday, April 21, 2025.

The results of this report are not intended to be construed as a legal interpretation of existing federal, state, or local environmental, health, and safety laws or regulations. It is the responsibility of the remediation contractor to follow these site-specific guidelines as well as all other work procedures, such as applicable EPA, OSHA, and ANSI/IICRC standards and guidelines. It is possible that additional water-damaged building materials are present within the affected and adjacent areas as described, but were considered out-of-scope and/or not reasonably accessible due to access limitations. It is reasonable to expect that surface fungal contamination may be present within the affected portions of the structure. Fungal contamination, if encountered, should be remediated in accordance with all local and state regulations. MIPS assumes no responsibility or liability for errors in information or data provided to MIPS by the Client(s) or any third party, or developments resulting from activities or situations outside this project's scope. Accordingly, reliance on this report by any other party may involve assumptions leading to an unintended interpretation of findings and opinions. Contractors or consultants reviewing this report must draw their own conclusions regarding further investigation or remediation deemed necessary. MIPS does not guarantee the work of regulatory agencies, laboratories, or other third parties supplying information, which may have been used to prepare this report. MIPS performed its services in accordance with generally accepted practices of the profession undertaken in similar services at the same time and in the same geographical area. No other warranties expressed or implied apply to the services hereunder or this report. MIPS report is based on information made available to MIPS at this time. Should additional information become available, MIPS reserves the right to determine the impact, if any, and amend or supplement MIPS opinions and conclusions if necessary and warranted by the discovery of additional information.

4.0 PROCEDURE

MIPS visually inspected accessible areas of the Bonham VAMC – Building 29 – CLC Gym. Visible water damage was observed in the following locations:

VISIBLE WATER DAMAGE

LOCATION DATE EXPLANATION

A1011-A 4/25/2025 Visible water damage was observed on the sheetrock (wall and ceiling) and cove base.

CLC Gym 4/25/2025 Visible water damage was observed on the vinyl floor plank.

A1011-G 4/25/2025 Visible water damage was observed on the sheetrock (wall).

It is possible that additional water-damaged building materials are present within the affected and adjacent areas, as previously described, but were not reasonably accessible due to access limitations.

After identifying water-damaged building materials, MIPS conducted a moisture investigation within the investigation area(s) to determine if the water-damaged building materials retained elevated moisture concentrations compared with similar non-affected building materials in the affected structure. The moisture investigation was completed with a GE Protimeter BLD5365 moisture meter on accessible porous and semi-porous building materials in each area of concern.

At the time of the investigation, the building materials monitored did exhibit elevated moisture concentrations compared with similar and non-affected building materials in the structure.

After completing the water damage and moisture investigation, MIPS conducted a fungal investigation. At the time of the investigation, probable surface fungal contamination was observed in the following locations:

SURFACE FUNGAL CONTAMINATION

LOCATION DATE EXPLANATION

A1011-A 4/25/2025 Surface fungal contamination was observed on sheetrock (wall) behind cove base.

5.0 CONCLUSIONS

MIPS has reached the following conclusions:

1. Water-damaged building materials, such as sheetrock (walls and ceilings) and vinyl floor plank, were observed within the investigation area(s).

2. Fungal-contaminated building materials, including sheetrock (wall) behind the cove base in A1011-A.

3. Previously described surface fungal contamination in the Bonham VAMC — Building 29 – CLC Gym is estimated to affect less than twenty-five (25) contiguous square feet of building materials and is not considered notifiable to the Texas Department of Licensing and Regulation prior to remediation.

6.0 RECOMMENDATIONS

MIPS recommends the following:

1. Source Identification and Repair: MIPS is not a moisture intrusion consulting firm.

Source repair and determination are the Client's responsibility and should be completed before the start of any remediation activities.

2. Reportedly, building materials within the investigation area(s) have been previously evaluated for asbestos-containing materials. However, MIPS recommends that any building materials scheduled for demolition and/or remediation, which have not been evaluated, should be assumed to contain asbestos until testing is performed.

3. Remediation of the areas of surface fungal contamination should be performed by a Mold Remediation Contractor (MRC) licensed and certified by the Texas Department of Licensing and Regulation (TDLR). If necessary, all parties should follow all applicable state laws of notification and representation.

4. Water damage remediation should follow work practices such as those outlined in the IICRC S500 Guidelines.

5. Mold Remediation should be performed following work practices such as those outlined in the IICRC S520, the Mold Assessors and Remediators Occupation Code (Chapter 1958), and the Mold Assessors and Remediators Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 78.

6. Remediation recommendations are as follows:

a) The affected areas of the structure should be isolated from the non-affected areas and placed under negative pressure compared to the non-affected areas.

b) The mold assessment consultant should develop A Mold Remediation Protocol

(MRP) (Included in Section 7.0 of this document).

c) The selected Mold Remediation Contractor (MRC) should develop a Mold

Remediation Plan.

d) The Mold Remediation Contractor should execute the Mold Remediation Protocol and Mold Remediation Plan.

7. Post-remediation airborne and/or surface fungal samples should be collected in all containments and outdoors to determine the effectiveness of the remediation process.

Additionally, airborne fungal samples may be collected from non-contained areas of the structure to better assess contained areas of the structure.

8. Reconstruction, except for water intrusion repairs, should not commence until post-remediation airborne and surface fungal samples indicate that remediation was successful. If an additional source of moisture is found during remediation, it should be repaired.

9. MIPS recommends that no unauthorized people be present during remediation, abatement, and/or restoration activities.

7.0 MOLD REMEDIATION PROTOCOL

7.1 PURPOSE

The purpose of the mold assessment completed on Friday, April 25, 2025, was to determine if surface fungal contamination was present within the Bonham VAMC – Building 29 – CLC Gym. Additionally, the assessment determined that surface fungal contamination of less than twenty-five (25) contiguous square feet of affected building materials is present, which is not considered notifiable to TDLR prior to remediation. The moisture intrusion source that led to the water-damaged and/or fungal-contaminated building materials in the investigation area(s) is likely associated with a pipe break associated with the HVAC unit within A1011-A.

7.2 SCOPE OF WORK

The scope of work for this mold remediation protocol includes the physical and mechanical isolation of the Building 29 – CLC Gym within the Bonham VAMC from the remainder of the structure. Limited removal and disposal of porous building materials is anticipated; in-situ remediation is the preferred methodology for remaining salvageable semi and non-porous building materials. Affected contents (if any) will be packed out and isolated at a climate-controlled storage facility and remediated in a cleanroom prior to reintroduction to the remediated and reconstructed environment. The remaining contents and surfaces will be remediated in place.

7.3 PERSONAL PROTECTIVE EQUIPMENT: ASSESSORS

Mold assessors at MIPS are required to wear appropriate Personal Protective Equipment in accordance with associated risks on each job site. All MIPS Mold Assessors have been respirator fit tested and trained in the specific type and model of respirator selected for any Mold Assessment. MIPS employees did not wear personal protective equipment during the initial survey, except vinyl gloves for investigation and sample collection. MIPS employees will abide by the PPE required in this protocol during remediation.

7.4 SAMPLING AND DATA COLLECTION

Fungal samples were not collected during the initial investigation however, post-remediation fungal samples shall be collected following remediation and will be specified in Section 7.6.

7.5 REMEDIATION PROCEDURES

1. Containment: The containment(s) to be used will be constructed with two layers of 6 millimeters, fire-resistant, and anti-static polyethylene sheeting. They should be constructed to allow for reconstruction within each containment following remediation. The containment(s) must include a working cell and a clean/entry cell.

Both cells will remain under at least 0.02 inches of negative pressure. The entrance from the active cell to the dirty cell may have a zipper entrance and a flap on each side of the cell. All exhaust from the negative air machine(s) will be exhausted to the outside of the structure when possible. An appropriate number of air scrubbers shall be positioned within the affected areas to achieve at least four (4) air changes per hour.

2. Personal Protective Equipment: Personal protective equipment for this remediation project will be Level C. All remediation workers will wear a minimum of a Tyvek Suit (including connected boots and headcover), an N95 Air Purifying Respirator, and latex (or similar) gloves. Each contractor is required to abide by applicable OSHA regulations. MIPS is not providing health and safety consulting services to the selected mold remediation contractor.

3. Staging: The contractor must negotiate a staging area with the Bonham VAMC Staff before commencing remediation activities.

4. Process:

a. The HVAC Systems (if any) will be turned off or disabled in the affected area(s) of the Bonham VAMC — Building 29 – CLC Gym; all supply and return vents shall be covered with 6- 6-millimeter, fire-resistant and anti-static polyethylene and secured with duct tape and/or wood/metal framing.

b. Notice signs shall be posted on each side of the containment and at all accessible entrances to remediation areas. The sign will be 8 inches by 10 inches and say, “NOTICE: Mold Remediation Project In Progress.” The letters will be black against a yellow background. The text must be legible from a distance of 10 feet.

c. Water-damaged and/or fungal-contaminated sheetrock (walls and ceiling) shall be removed.

1. Please refer to the Remediation Diagram included in Appendix A of this report.

2. If additional water damage and/or fungal contamination is present, the MRC shall continue to remove affected building materials in 2’ sections.

3. Sheetrock should be removed at least 18 inches beyond visible surface fungal contamination in all directions.

d. Once affected sheetrock (walls and ceilings) are removed, the MRC shall inspect the interstitial area(s) and determine the cleaning methodologies used in the Mold Remediation Protocol.

e. Affected pipe insulation and duct wrap (if any) shall be removed and replaced.

f. Cove base throughout the Building 29 – CLC Gym shall be removed and properly disposed of.

1. Once the cove base is removed, the MRC shall inspect the adjacent sheetrock(walls) for water damage and/or fungal contamination.

2. If water damage or fungal contamination is present, then the MRC shall remove sheetrock (walls) to a height of 2’.

i. If additional water damage and/or fungal contamination is present, the MRC shall continue to remove affected building materials in 2’ sections.

ii. Sheetrock should be removed at least 18 inches beyond visible surface fungal contamination in all directions.

g. The affected contents (if any) shall be cleaned thoroughly. If cleaning cannot be achieved, the MRC shall properly dispose of them.

h. Affected vinyl floor plank shall be removed and properly disposed of.

1. Please refer to the moisture diagram in Appendix A of this report.

i. Affected insulation (if any) shall be removed and properly disposed of.

j. Terminal cleaning services shall be provided for all remaining surfaces once remediation is complete. This will include vents, registers, sheetrock (walls and ceiling), contents, vanities, vinyl floor covering, etc.

k. Affected wood building materials (if any) in the remediation areas shall be remediated by completing the following:

1. Remove all non-salvageable wood building materials and replace them with new ones.

2. Hand sand all salvageable wood building materials and HEPA Vacuum all surfaces.

3. Wet Wipe all surfaces using an application of Aftershock inhibitor, Foster™ First Defense Disinfectant (40-80), Benefect™, Microban™, or equivalent hydrogen peroxide-based product.

4. Encapsulate remediated wood building materials with a coating of Fiberlock™ or a similar encapsulant.

l. Remaining non-porous building materials shall be remediated as follows:

1. All surfaces should be HEPA-vacuumed.

2. All rust shall be filed away from salvageable building materials if encountered.

3. All surfaces shall be wet wiped using an application of Aftershock inhibitor, Foster™ First Defense Disinfectant (40-80), Benefect™, Microban™, or equivalent hydrogen peroxide-based product.

m. Multiple air scrubbers should be placed throughout non-affected areas of the structure to collect fugitive fungal spores and structures remaining prior to containment.

n. All removed and affected building materials, if any, will be contained in 6-millimeter polyethylene bags inside the dirty containment. Excess air should be removed from the bag, and it should be twisted, doubled over (goose-necked), and sealed with duct tape. The exterior of the bag should be HEPA-Vacuumed to clear any remaining debris. Each bag should be passed from the working cell to the dirty cell; an additional bag should be placed on each bag following the same procedures.

o. All waste should be transported via gondola or by hand from the containment to an isolated storage or on-site disposal location.

p. Following remediation, an appropriate number of air scrubbers should remain on in each portion of the containment and should be regularly re-positioned for 24-48 hours prior to post-remediation sampling. The containment will be sealed during this scrub period, and no negative pressure will be necessary.

q. Prior to the post-remediation investigation, the entire containment shall be treated with aerosolized Chlorine Dioxide, Biomist™, Sterimist™, or similar.

r. The Mold Abatement Contractor will maintain the containment to the specifications above until notified by MIPS.

s. All air scrubbers and negative air machines must arrive on-site with new HEPA filters.

t. The Mold Remediation Contractor is responsible for maintaining acceptable temperature and specific humidity conditions in the containment during remediation.

u. Prior to remediation, and upon acceptance of the Mold Remediation Protocol, the Mold Remediation Contractor should isolate the planned remediation areas and place air scrubbers to collect aerosolized fungal spores and structures. Air Scrubbers should also be placed in several non-affected areas of the structure.

v. During remediation, all remaining semi-porous building materials should be dried to an acceptable drying standard in the structure prior to sterilization and encapsulation.

w. This protocol is valid for sixty (60) days from the date of issuance. MIPS does not permit nor condone remediation as specified in the mold remediation protocol should it start or finish after sixty (60) days from the publication date.

7.6 POST REMEDIATION & CLEARANCE PROCEDURES

MIPS will collect post-remediation fungal samples following remediation. Containment(s) of the affected areas will be maintained during sample collection until a final determination is made. Airborne and surface fungal samples collected from the containment will be analyzed and compared to a single, non-affected area of the structure and a representative outdoor sample. The following types of analyses will be conducted in the affected areas to verify the effectiveness of the remediation process:

Viable and Non-Viable Fungal Spores (Direct Microscopic Examination – Biotape)

Viable and Non-Viable Airborne Fungal Spores (Spore Trap)

Area surface samples will be collected and analyzed using viable and non-viable fungal analysis. American Conference of Governmental Industrial Hygienists (ACGIH) guidelines will be followed for the sample collection and data interpretation. The sample(s) collected inside the containment must be qualitatively and quantitatively similar to those collected outside the structure. In addition, MIPS will use other indicators, such as the presence of target molds, including but not limited to Stachybotrys, Chaetomium, Trichoderma, Fusarium, Aspergillus/Penicillium, etc., when evaluating the post-remediation clearance criteria. A clean pair of nitrile gloves will be worn for each sample collection.

In addition to the fungal sample collection, visual and procedural inspection will be used to determine if the remediation objectives have been completed. Confirmation of visual, procedural, and analytical methods will be necessary prior to the release of the containment to be torn down and removed. Following the sample collection, each sample will be labeled with a unique sample number and location and secured for delivery to the laboratory. The sample information will be recorded onto the laboratory chain of custody form. Following the proper chain of custody procedures, the samples will be shipped via Federal Express to US Micro-Solutions, Inc. in Latrobe, PA. US Micro-Solutions, Inc. is accredited by the American Association for Laboratory Accreditation (A2LA) for technical competence in the field of Environmental Testing and by the State of Texas Department of Licensing and Regulation.

7.7 SOURCE REPAIR

MIPS will require a certification from the CLIENT stating that the underlying cause of mold has been remediated prior to execution of the Certificate of Mold Damage Remediation (CMDR). MIPS is not a moisture intrusion consulting firm. Source repair and determination are the CLIENT's responsibility and should be completed before the start of any remediation activities.

i

APPENDIX A

Remediation Diagram

FIGURE 1:

Building 29 – CLC Gym

LEGEND

MCLELLAN INTEGRATED PROFESSIONAL SERVICES, LLC

RESERVES THE RIGHT TO UPDATE, ALTER AND/OR CHANGE

THESE DIAGRAMS IF ADDITIONAL INFORMATION BECOMES

AVAILABLE OR ADDITIONAL AFFECTED MATERIALS ARE

DISCOVERED.

Bonham VAMC Building 29 – CLC Gym

1201 E. 9th Street Bonham, Texas 75418

INDICATES SHEETROCK (WALL),

WHICH SHOULD BE REMOVED FROM

FLOOR TO CEILING.

DATE: May 14, 2025

01M1010074

INDICATES SHEETROCK (WALL),

WHICH SHOULD BE REMOVED UP TO

4’ FROM FLOOR.

INDICATES SHEETROCK (CEILING),

WHICH SHOULD BE REMOVED.

INDICATES VINYL FLOOR COVERING,

WHICH SHOULD BE REMOVED.

ii

APPENDIX B

Photographic Documentation

Representative Photos Claim Id

01M1010074 Date of Loss

Apr 25, 2025

Date Claim Created

Apr 25, 2025 Policyholder Name

Bonham VA - Building 29 - CLC

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APPENDIX C

Licenses

O F

Rick F iguerou C h a i r

Thomas F. Butfer Vice Chair

Rick Figueroa E S Tex I Gerald R. Callas, M.D., F.AS.A.

Chair a V7 Nora Castarieda

P I N G EH Sujeeth Draksharam Thomas F. Butler I R N ? ; Lori High, R N . N.P., Retired

Vice Chair A - k WEIS H Gary F. Wesson, D.D.S., M.S.

M o l d A s s e s s m e n t C o n s u l t a n t

S E A N M C L E L L A N

License Number: MAC1649

The person named above is l icensed by the Texas Department of Licensing and Regulation.

L i c e n s e E x p i r e s : S e p t e m b e r 2 9 , 2 0 2 5 M i k e A r i s m e n d e z , Jr.

E x e c u t i v e D i r e c t o r iv

APPENDIX D

Consumer Mold Information Sheet

CONSUMER MOLD INFORMATION SHEET

State rules require licensed mold assessors and remediators to give a copy of this Consumer Mold Information Sheet to each client and to the property owner, if not the same person, before starting any mold‐related activity [16 TAC 78.70].

How does Texas regulate businesses that do testing for mold or that do mold cleanup?

The Department of Licensing and Regulation (TDLR) regulates such businesses in accordance with the Texas Occupations Code, Chapter 1958. Under the Texas Mold Assessment and Remediation Rules (rules) (16 Tex. Admin. Code, Chapter 78), all companies and individuals who perform mold-related activities in Texas must be licensed by TDLR unless exempt. (See Page 2 regarding owner exemptions.) Individuals must meet certain qualifications, have required training, and pass a state exam and criminal history background check in order to be issued a license. Applicants for a mold remediation worker registration must have training and pass a criminal history background in order to be registered by TDLR. Laboratories that analyze mold samples must also be licensed and meet certain qualifications. The rules set minimum work practices and procedures and also require licensees to follow a code of ethics. To prevent conflicts of interest, the rules also prohibit a licensee from conducting both mold assessment and mold remediation on the same project. While the rules regulate the activities of mold licensees when they are doing mold-related activities, the rules do not require any property owner or occupant to clean up mold or to have it cleaned up.

How can I know if someone is licensed?

A licensed individual is required to carry a current TDLR license certificate with the license number on

it. A search tool and listings of currently licensed companies and individuals can be found at:

https://www.tdlr.texas.gov/LicenseSearch/.

What is “mold assessment?”

Mold assessment is an inspection of a building by a mold assessment consultant or technician to evaluate whether mold growth is present and to what extent. Samples may be taken to determine the amount and types of mold that are present; however, sampling is not necessary in many cases. When mold cleanup is necessary a licensed mold assessment consultant can provide you with a mold remediation protocol. A protocol must specify the estimated quantities and locations of materials to be remediated, methods to be used and clearance criteria that must be met.

What is meant by “clearance criteria?”

Clearance criteria refer to the level of “cleanliness” that must be achieved by the persons conducting the mold cleanup. It is important to understand and agree with the mold assessment consultant prior to starting the project as to what an acceptable clearance level will be, including what will be acceptable results for any air sampling or surface sampling for mold. There are no national or state standards for a “safe” level of mold. Mold spores are a natural part of the environment and are always present at some level in the air and on surfaces all around us.

What is “mold remediation?”

Mold remediation is the cleanup and removal of mold growth from surfaces and/or contents in a building. It also refers to actions taken to prevent mold from growing back. Licensed mold remediation contractors must follow a mold remediation protocol as described above and their own mold remediation work plan that provides specific instructions and/or standard operating procedures for how the project will be done.

Before a remediation project can be deemed successful, a mold assessment consultant must conduct a post-remediation assessment. This is an inspection to ensure that the work area is free from all visible mold and wood rot, the project was completed in compliance with the remediation protocol and remediation work plan, and that it meets all clearance criteria that were specified in the protocol. The assessment consultant must give you a passed clearance report documenting the results of this inspection. If the project fails clearance, further remediation as prescribed by a consultant will be necessary.

What is a Certificate of Mold Damage Remediation?

No later than the 10th day after a mold remediation project stop date, the remediation contractor must sign and give you a Certificate of Mold Damage Remediation. The licensed mold assessment consultant who conducted the post-remediation assessment must also sign the certificate. The consultant must truthfully state on the certificate that the mold contamination identified for the project has been remediated and whether the underlying cause of the mold has been corrected. (That work may involve other types of professional services that are not regulated by the mold rules, such as plumbing or carpentry.) Receiving a certificate documenting that the underlying cause of the mold was remediated is an advantage for a homeowner. It prevents an insurer from making an underwriting decision on the residential property based on previous mold damage or previous claims for mold damage. If you sell your property, the law requires that you provide the buyer a copy of all certificates you have received for that property within the preceding five years.

How is a property owner protected if a mold assessor or remediator does a poor job or damages the property?

The rules require licensees to have commercial general liability insurance in the amount of at least $1 million, or to be self-insured, to cover any damage to your property. Before hiring anyone, you should ask for proof of such insurance coverage. You may wish to inquire if the company carries additional insurance, such as professional liability/errors and omissions (for consultants) or pollution insurance (for contractors), that would provide additional recourse to you should the company fail to perform properly.

How is my confidentiality protected if I share personal information about myself with a company?

Under the code of ethics in the rules, to the extent required by law, licensees must keep confidential any personal information about a client (including medical conditions) obtained during the course of a mold-related activity. Further, you may be able to negotiate a contract to include language that other personal information be kept confidential unless disclosure “is required by law.” However, licensees are required to identify dates and addresses of projects and other details that can become public information.

How do I file a complaint about a company?

Anyone who believes a company or individual has violated the rules can file a complaint with TDLR.

For information on this process, call 1-800-803- 9202, or complete the online complaint form at https://www.tdlr.texas.gov/complaints/.

Can property owners do mold assessment or remediation on their own property without being licensed?

Yes. A homeowner can take samples for mold or clean it up in the home without a license. An owner, or a managing agent or employee of an owner of a residential property is not required to be licensed, unless the property has 10 or more residential dwelling units. For non-residential properties, an owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed to do mold assessment or remediation on property owned or leased by the owner or tenant, unless the mold contamination affects a total surface area of 25 contiguous square feet or more. Please refer to 16 TAC §78.30 for further details on exceptions and exemptions to licensing requirements.

For more information about mold and the Texas Mold Assessment and Remediation Rules, contact:

Texas Department of Licensing and Regulation

Mold Assessors and Remediators PO Box 12057, Austin, TX 78711

Phone: 512‐463‐6599 or 800‐803‐9202 www.tdlr.texas.gov v

APPENDIX E

Definitions and Limitations

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Mold Services Definitions & Limitations

McLellan Integrated Professional Services performed services in accordance with generally accepted practices of the profession undertaken in similar services at the same time and in the same geographical area. No other warranties, express or implied, apply to the services hereunder or the final report.

McLellan Integrated Professional Services and any report have been prepared on behalf of and for the exclusive use of the Client solely for its use and reliance in assessing the presence of mold in the Investigation Areas of the site. The Client was the only party to which McLellan Integrated Professional Services explained the risks and limitations of the services and was solely involved in shaping the scope of services. Accordingly, reliance on this report by any other party may involve assumptions leading to an unintended interpretation of findings and opinions. With the consent of the Client, McLellan Integrated Professional Services may offer reliance to third parties or contract with other parties to develop findings and opinions related to such party’s unique risk management concerns. Notwithstanding the foregoing, reliance by any and all third parties upon this deliverable, McLellan Integrated Professional Services or any subsequent report shall be limited in the aggregate to the fair market value of the services provided by McLellan Integrated Professional Services.

“Limited Mold Assessment”. This deliverable uses the term “Limited Mold Assessment” to denote that McLellan Integrated Professional Services mold assessment services are limited: (i) to certain portions of the building structure (e.g., the Investigation Areas), by non-destructive sampling methodologies, and/or by access limitations to building materials or components within the Investigation Area(s). In contrast to a “Limited Assessment” is a comprehensive assessment would involve destructive sampling methods with the assessment to be conducted throughout the entire building structure.

Time sensitive. One must keep in mind that mold assessments are essentially a “snap shot in time,” and the results are only relevant at the time of site reconnaissance. Because mold, when biologically active, is a living organism, its presence is influenced and controlled by environmental conditions. Mold assessments, therefore, are “time sensitive” in that the presence and concentration of mold and similar organisms in building structures or in the air is directly influenced by environmental conditions (such as humidity, moisture, nutrients and substrates), whether natural or caused by man, which conditions may vary significantly over relatively short periods of time.

Methodologies. Currently, mold assessment methodologies and protocols in Texas are governed by persuasive guidelines (rather than promulgated federal/state or local regulations). Presently, there is no data that supports a threshold limit or dose-response relationship for exposure to mold aeroallergens, individual pathogens, opportunistic pathogens and/or mycotoxins. The Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety and Health (NIOSH) and other non-governmental associations, have not yet established permissible exposure limits (PELs), recommended exposure limits (RELs), or other limit values for fungi. Because no limit values presently exist. McLellan Integrated Professional Services will not and cannot represent that the site contains no harmful microbes, mold, fungi, or their metabolites, or other latent conditions beyond those identified by the limited scope of this mold assessment.

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Findings limited. Findings in an LMA are limited due to the nature of the information obtained such as a visual reconnaissance of readily accessible areas of building structures, interview information, anecdotal information, and limited sampling data derived from one or more specific sampling events. McLellan Integrated Professional Services cannot warrant the accuracy of prior or subsequent information/data, reports and services performed by other firms at the Site.

McLellan Integrated Professional Services assumes no responsibility or liability for errors in information or data provided by or through the client or third party sources. McLellan Integrated Professional Services are not to be construed as legal or medical interpretation or advice.

Moisture Intrusion Limitation. McLellan Integrated Professional Services performs mold assessment services and is not a moisture intrusion, HVAC, plumbing or building envelope specialist. However, during the course of conducting its mold assessment services, McLellan Integrated Professional Services will report observed areas of apparent moisture intrusion.

McLellan Integrated Professional Services does not and will not investigate the cause or causes of such observed moisture intrusion. In the event apparent moisture intrusion is observed, McLellan Integrated Professional Services will recommend that the client contact a specialist (i.e., plumbing contractor, building envelope specialist, HVAC contractor, water intrusion specialist, etc.) to assist the client in determining the specific cause or causes of the moisture intrusion and remedial options.

Certificate of Mold Damage Remediation (CMDR). For mold remediation projects (above certain size thresholds), applicable Texas law (i.e., Texas Occupation Code Section 1958.54 and T.A.C.

Section 295.397 (the Texas Mold Assessment and Remediation Rules), requires that a “Certificate of Mold Damage Remediation” be issued by the Mold Remediation Contractor upon successful completion of the project. This certificate must be provided to property owners no later than the 10th day after the date on which the mold remediation is completed at a property. The Mold Remediation Certificate issued by the Mold Remediation Contractor must include a certification by the Mold Assessor that the mold remediation project has been successfully completed in accordance with the mold remediation protocol.

Be advised that McLellan Integrated Professional Services issuance of a CMDR upon successful completion of a Mold Remediation project does not mean, warrant or otherwise guarantee that mold will not be subsequently found in any portion of an Investigation Area or the Site. In the event that McLellan Integrated Professional Services is engaged to render services in connection with a mold remediation project, MCLELLAN INTEGRATED PROFESSIONAL SERVICES will require Client to provide to McLellan Integrated Professional Services written documentation that all sources of moisture which contributed to the presence of mold in the Investigation Area have been fully remediated and corrected prior to achieving clearance.