FILED: NEW YORK COUNTY CLERK 07/14/ :42 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2016

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1 FILED: NEW YORK COUNTY CLERK 07/14/ :42 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2016 Project: Post-Mold Remediation Verification Survey Location: 1045 Park Avenue Apt. 13B New York, NY Report Prepared for: Daniel Shatz 1045 Park Avenue Apt. 13B New York, NY, Prepared by: Lawrence Environmental Group, LLC 108 West 39 th Street Suite 500 New York, NY Project# MSCRES 214 Survey Dates: April 16, 2015 Date of Issue: April 23, West 39 th Street, Suite 500, New York NY Phone: Fax:

2 TABLE OF CONTENTS Section Page # I. PURPOSE/SCOPE 3 II. CLEARANCE CRITERIA 3 III. FINDINGS/OBSERVATIONS 4 IV. CONCLUSION 6 APPENDICES 7 A. Mold Tape Lift Sample Results 8 B. Sampling Methods/Procedures 13 C. Exposure Standards/Guidelines 16 D. Photo documentation 18 E. Reference Mold Assessment Protocols 24 2

3 I. PURPOSE/SURVEY SCOPE Lawrence Environmental Group, LLC (LEG) was retained by Daniel Shatz, (the client) to conduct a post-mold/moisture intrusion remediation verification survey in apt. 13B of 1045 Park Avenue, New York, NY 10028, the subject property. The post-mold remediation verification survey, conducted on April 16, 2015, was performed following remediation of water damaged surfaces in the apartment by Maxons Restoration, Inc., in order to document that previously identified water damage conditions were mitigated. All survey work was performed by a Certified Commercial Mold Inspector (CCMI)/Environmental Scientist, working under the supervision of a Certified Industrial Hygienist. Mold tape lift sample results are provided in Appendix A. Monitoring methods/procedures and exposure standards/guidelines are located in Appendices B and C, respectively. Photo documentation is provided in Appendix D. Mold assessment protocol references are provided in Appendix E. II. CLEARANCE CRITERIA Post-remediation verification procedures are included in mold remediation projects to verify the efficacy of the remediation and to determine that an area is acceptable for reconstruction, re-occupancy or its intended use. The New York City Department of Health and Mental Hygiene s Guidelines on Assessment and Remediation of Fungi in Indoor Environment state that the visual inspection is the primary verification tool. In order to achieve clearance, the remediated areas and surfaces must be dry, clean, and free of visible mold contamination. All debris generated during the remediation must either be properly bagged for disposal or removed from the work site. Please note that air sampling for mold spores was not performed. Air sampling for mold spores is not regarded as a favored environmental evaluation tool for a variety of reasons. Airborne mold ecology is a complex mixture of mold spore species (and other microbial particles such as bacteria) that constantly fluctuates. Mold spore concentrations in air show considerable temporal variation, even over short periods of time. Air sampling for mold spores may yield highly variable results that can be difficult to interpret because mold spore concentrations vary tremendously in response to changes 3

4 in seasons, temperature, humidity, wind velocity and direction, type of substrate, nutrient sources, time of day, precipitation, pressure gradients, human activity, etc. Furthermore, there are no definitive dose-response relationships that match exposure to a species of mold with specific health effects. Simply stated, microbiology does not appear to follow the dictates of toxicology. In short, there are no numerical standards or guidelines that define a safe or unacceptable airborne mold exposure level and the development of such standards is currently not scientifically supportable. Based on the above, it is LEG s standard practice to primarily rely on visual mold inspection criteria during the performance of all mold surveys. LEG s position is supported by the following organizations: American Industrial Hygiene Association, U.S. Environmental Protection Agency, U.S. Centers for Disease Control and Prevention, New York City Department of Health and Mental Hygiene, the California Department of Public Health, Health Canada, the World Health Organization, etc. III. FINDINGS/OBSERVATIONS LEG did not design the remediation protocol for the client and was not involved in the remediation process. The remediation contractor, Maxons Restoration, Inc. (Maxons), developed the remediation work scope for the client. On behalf of the client, LEG s role was to determine if the remediation work performed was sufficient to meet the stated mold clearance criteria. Subsequent to receiving notification from the client that the mold remediation contractor, Maxons, had completed the remediation of mold contamination at the subject property, LEG conducted a post-mold remediation verification survey on April 16, All findings reported in this survey are limited to accessible and/or observable interior finishes, furnishings, and conditions. All dimensions are approximate. The following conditions were noted in the office of Apt. 13B on April 16, 2015: The client and building personnel noted the following: o The initial water intrusion event stemmed from a leak in December from the hallway bathroom outside of the living room (work area) pipe leak. 4

5 o o Maxons was on-site within six hours of the water intrusion event and removed area rugs and dried out the location. Buckling of the wood floor occurred in the subsequent months and client had several layers of flooring removed. The work area was isolated from the remainder of the apartment with a layer of zipper lock polyethylene sheeting. All fixtures, vents, doors were sealed and covered with a layer of polyethylene sheeting. Flooring was removed to sleepers with ash remaining below. The south wall PTAC unit was inoperative at the time of the survey, and all sources of natural ventilation were closed. Inside of the work area, a negative pressure machine equipped with HEPA filter was observed and inoperative at the time of the survey. The parquet wood floor was removed 4 ft. east of the west wall and 3 ft. north of the south wall to the underlying layer 2x4 wood. Dust and debris/stains were observed on the exposed 2x4 wood floor. A tape lift sample was taken from the middle section of the exposed floor. Tape lift sample results confirmed that there was light mold growth on the exposed 2x4 wood. Visible water damage/stains were observed on wood sleepers located inside of the work area. Tape lift samples were taken from the wood sleepers throughout the work area. Tape lift sample results confirmed that there was no mold growth on the wood sleepers, other than one location showing growth not likely, but a wipe down of the area should be performed. Moisture meter testing found all surfaces inside the work area to be in a dry state. There were no signs of active water intrusion within the work area at the time of the survey. 5

6 No debris was left within the work area. No visible mold growth was present on any accessible surfaces within the work area. No odors indicative of mold growth were perceived in the work area or accessible locations inside of the apartment. IV. CONCLUSION Based on the findings of the visual inspection all water damaged materials surfaces have been properly removed. LEG recommends a wipe down of the wood sleepers prior to commencing reconstruction activity, however no other site visits are necessary and LEG considers the water damage clean-up efforts in the subject property were successful. 6

7 APPENDICES 7

8 APPENDIX A Mold Tape Lift Sample Results 8

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13 APPENDIX B Sampling Methods/Procedures 13

14 Appendix B Sampling Methods/Procedures Mold Tape Lift Samples Surface sampling of visible or suspect mold growths were collected on Bio-Tape adhesive slides manufactured by Zefon International. The slides were examined under a microscope using magnification of between 400X to 1,000X. Using this technique, the particles are identified by their morphology and in the case of spores, the results are expressed qualitatively by genera (type of mold). The tape lift samples were analyzed by Lawrence Environmental Laboratories, New York, NY. Moisture Meter Testing Moisture meter testing of walls and building components was conducted using the General Electric Surveymaster Protimeter Dual-Function Moisture Meter. The unit is designed to check moisture levels in non-conductive and porous construction materials such as wood, EIFS, sheetrock, and other materials. When operated in search mode, the unit provides relative readings to a depth of ¾ inch. The unit features a digital display that indicates relative moisture level in the tested substrate. The unit also features a color coded LED scale. Green zone LEDs indicate an air-dry state; yellow zone LEDs represent a border-line state; and red zone LEDs indicate a damp substrate. The unit was operated in two modes: Search Mode In search mode, the unit functions as a moisture detector by assessing the moisture level beneath the surface of solid walls and floors, independent of surface conditions. The nominal depth of the measurement is 3/4 in (19 mm) this depends on the density and other characteristics of the material. When held against the surface, the instrument transmits a signal into the material. The relative moisture level is shown on the digital display and its moisture condition is shown on the accompanying scale of color-coded lights. 14

15 Appendix B Sampling Methods/Procedures (continued) Measure Mode in measure mode, the unit uses electrical conductance between two electrodes inserted into a material to determine moisture content. When measurements are taken in wood, the unit displays actual moisture content of the wood. For other substrates, the displayed unit value is in Wood Moisture Equivalent (WME) percentage. A calibration check of the unit was performed, prior to the survey, using the manufacturer supplied Protimeter Check bar. 15

16 APPENDIX C Exposure Standards/Guidelines 16

17 APPENDIX C Exposure Standards/Guidelines Guidelines There are no mandated standards that regulate exposure to airborne fungi. Mold spores are ubiquitous and there is a high natural variability in the concentration and types of mold spore species present at any given time in the environment. Individuals have different sensitivities to molds and specific human toxicity due to inhalation of fungal spores has not been scientifically established. Therefore, acceptable (and unacceptable) airborne levels of exposure to mold spores and their mycotoxins have not been established. In May 1993, the New York City Department of Health (DOH) issued Guidelines on Assessment and Remediation of Stachybotrys Atra in Indoor Environments. The original guidelines were developed because of health concerns arising from mold amplification conditions that occurred in several New York City buildings in the early 1990's. In the year 2000, the New York City Department of Health and Mental Hygiene (NYCDOHMH) revised and renamed the document, Guidelines on Assessment and Remediation of Fungi in Indoor Environments. The revised document revised and expanded the original guidelines to include all fungi. The document contains a discussion of potential health effects; medical evaluations; environmental assessments; protocols for remediation; and a discussion of risk communication strategy. The guidelines are divided into four sections: 1. Health Issues; 2. Environmental Assessment; 3. Remediation; and 4. Hazard Communication. The NYCDOHMH s mold guidelines were revised mostly recently in November The NYCDOHMH guidelines are not a legal mandate. Currently, there are no federal, New York State, or New York City regulations for evaluating potential health effects of fungal contamination and remediation. The 2013 TLVs and BEIs book published by ACGIH (formerly the American Conference of Governmental Hygienists) has no TLVs (Threshold Limit Values) established for bioaerosols. TLVs refer to airborne concentrations of chemicals and substances and represent conditions under which it is believed that nearly all workers may be repeatedly exposed without adverse health effects. ACGIH states that a TLV for bioaerosols is not scientifically supportable. 17

18 APPENDIX D Photo Documentation 18

19 Photo #1: Apt. 13B Hallway leading to Work Area 19

20 Photo #2: Apt. 13B Work Area remaining floor 20

21 Photo #3: Apt. 13B Work area entrance 21

22 Photo #4: Apt. 13B Wood sleepers and ash below 22

23 Photo #5: Apt. 13B Wood sleepers dry readings 23

24 APPENDIX E References Mold Assessment Protocols 24

25 Appendix E References - Mold Assessment Protocols ACGIH: TLVs and BEIs, Cincinnati, OH, ( ). American Conference of Governmental Industrial Hygienists: Bioaerosols: Assessment and Control, ACGIH, Cincinnati, OH, (1999). American Industrial Hygiene Association, Facts about Mold, Fairfax, VA, (2011). American Industrial Hygiene Association: Recognition, Evaluation and Control of Indoor Mold, AIHA Publications, Fairfax, VA, (2008). American Industrial Hygiene Association: Assessment, Remediation, and Post-Remediation Verification of Mold in Buildings, AIHA Guideline , AIHA Publications, Fairfax, VA, (2004). American Industrial Hygiene Association: Field Guide for the Determination of Biological Contaminants in Environmental Samples, 2 nd (2005). 25 Edition, AIHA Publications, Fairfax, VA, California Department of Public Health: Statement on Building Dampness, Mold, and Health (2011). City of New York Department of Health and Mental Hygiene: Guidelines on Assessment and Remediation of Fungi in Indoor Environments, New York City Department of Health and Mental Hygiene, New York, NY, (2008). Flannigan, B. et.al., Microorganisms in Home and Indoor Work Environments Diversity, Health Impacts, Investigation and Control, 2 nd Edition, CRC Press, Boca Raton, FL (2011). Health Canada: Dampness, Mould and Indoor Air (2011). Health Canada: Addressing Moisture and Mould in Your Home (2007). Institute of Medicine, Damp Indoor Spaces and Health, National Academies Press, Washington, D.C. (2004). National Institute for Occupational Health and Safety: NIOSH Alert Preventing Occupational Respiratory Disease from Exposures Caused by Dampness in Office Buildings, Schools, and Other Nonindustrial Buildings, DHHS (NIOSH) Publication No (2012). Nevalainen, A. et.al., Indoor fungi: Companions and Contaminants, Indoor Air, January (2015). U.S. EPA: Mold Remediation in Schools and Commercial Buildings, (2001, 2008). World Health Organization Europe: WHO Guidelines for Indoor Air Quality: Dampness and Mould, Copenhagen, Denmark, (2009)

26 DISCLAIMER The professional opinions expressed in this document are based solely on the scope of work conducted and sources referred to therein. The presented data was collected and analyzed using accepted industry methods, procedures and practices in effect at the time this report was generated. This report represents the levels of airborne contaminants at the time of sampling. No inferences regarding other conditions, locations or materials at a later or earlier time may be made based on the contents of this report. No other warranty, express or limited is made. Lawrence Environmental Group LLC s liability and that of its contractors and subcontractors, arising from any services rendered hereunder, shall not exceed the total fee paid by the client to Lawrence Environmental Group LLC for this project. This report was prepared for the sole use of our client. The use of this report by anyone other than our client or Lawrence Environmental Group LLC is strictly prohibited without the expressed written consent of Lawrence Environmental Group LLC. Portions of this report may not be used independently of the entire report. The report attached hereto relates only to those areas required to be tested or areas specifically requested to be tested by the client/customer, and actually tested. Should there be any change in the conditions of the areas tested, which takes place after the time of the survey, Lawrence Environmental Group should be contacted. END OF REPORT 26