Guest guest Posted March 12, 2006 Report Share Posted March 12, 2006 Owner wages mold war There are no state, county or city guidelines or laws to help residents with health problems or home defects Delhi resident Chay Barkley says his house was overrun with mold after leaks in his walls and roof saturated his home with moisture. http://www.mercedsunstar.com/local/story/11919732p-12687117c.html By CCOLLINS@... Last Updated: March 11, 2006, 09:09:44 AM PST Standing in a small room where his mom used to live, Chay Barkley pointed out where his home had been invaded. Mold clung to the walls, hung from the ceiling and was meshed with the carpet. You could smell it in the air. The spots, marks and foaming fungi were in every corner of his house. They told the story of how his dream home became a nightmare. The quaint, two-story house with modern landscaping and a small backyard was part of a Delhi development built in 2000. Less than six years later it was condemned. Officially, the county Environmental Health Department said that the house did not have proper weather protection and violated California health and safety codes. But the black spots that dotted many of the walls and the musty smell that permeated the house were evidence of a bigger problem. His home had become a petri dish for mold. Barkley's plight highlights the battle Merced County residents wage against a dangerous foe that is often overlooked or ignored. It also shines light on the lack of regulations local government has to tackle mold. In fact, Merced County has no policy on mold -- even for businesses, offices or public places where people work and shop every day. Barkley was ordered to leave his house last month only after he begged the county to condemn it. It was a last-ditch effort he said would bolster his lawsuit against the developer that built his house. A county official said houses are rarely condemned. Without a comprehensive mold policy, residents are living a risky way of life, said Bay Area doctor and mold specialist Marinkovich, who has treated some patients from Merced. Mold doesn't cause instant harm and it's not something that automatically raises alarm, he said. But the mold creeps into peoples' lungs before they're fully aware it's even a problem. " Mold is not virulent, " Marinkovich said. " It doesn't make you sick right away, but it eats away at you. " Barkley said he didn't realize he even had a mold problem until about a year ago. That's what made it so dangerous. He believes his 79-year-old dad, Arthur Hager Jr., died in December from the mold that had spread throughout his house. A death certificate shows Hager suffered from pneumonia and a bacterial infection -- conditions that Marinkovich says may have been averted if Hager had not been exposed to mold spores. " We were living here and were used to the smell, " Barkley said. A moldy place The Valley is a perfect storm for mold. The weather, geography and agricultural industries brew yearlong moisture in the air and provide lots of feeding ground -- the two ingredients needed for mold to grow. Farms feed off rivers and canals that criss-cross the Valley. In the winter, fog sets in and brings with it dampness. When soil is tilled, mold that has been growing on the ground releases its spores. Complaints about mold are most common around this time of year, local health officials said. Marinkovich's analysis is simple: " The Valley is filled with mold. " Deidre Kelsey, a member of the Merced County Board of Supervisors whose district includes Barkley's house, agreed. She said she thought the Valley has " more mold than any other place. " Mold isn't a threat when it's outside, where winds and shifting environmental conditions keep it from settling and harming immune systems, Marinkovich said. But when it festers inside buildings or homes, it can cause respiratory problems, watery eyes and even damage to the nervous system. Marinkovich said that in small amounts, mold doesn't harm most people. But people with chronic illness like cancer, diabetes or asthma -- something the Valley is infamous for -- are at a much greater risk. And, as Barkley found out, old houses aren't the only places targeted by mold. Harnak " Hank " Gill, head of Fresno County's Environmental Health housing program, said some developers have been taking shortcuts that can ultimately lead to health hazards. " Less and less material is being used to build houses, " Gill said. " If you use the (same amount of material) like they used to, you would not have as much of a problem. " Willis Naphan, an engineer who said he found " substantial problems " when he inspected Barkley's house two years ago, said some developers may not strictly enforce quality control when they build their homes. " Someone gets in a hurry and you get someone who is not qualified or there is a lack of supervision, " he said. Kelsey said that questions about mold are even more pressing in Merced County, given its rapid rate of growth. " We've never had a policy discussion about mold, " she said. " It may be that being on the cusp of much development, we should look into it. " A problem? A solution? Despite the health threat and the recent national spotlight on mold- ridden New Orleans, local officials say their hands are tied when it comes to battling fungus. Because there's no national or state standard for how much mold is too much mold -- and because running mold tests is expensive -- Merced County doesn't have a policy on the health hazard. The county used to do mold tests about five years ago, said Jeff Palsgaard, the county's Environmental Health director. It would take samples of mold in houses and send them to a lab for testing. Palsgaard said the county didn't force homeowners to make repairs, but would send the test results back to the owner of the house along with some information about mold. But that got too expensive, he said. Also, the state told counties it wasn't necessary to test mold. Merced County's situation is not unique, said Sandy McNeel, a research scientist with the California Department of Health. She said the majority of counties don't do mold tests. That means homeowners who complain about mold are responsible to determine for themselves -- or to hire a mold tester -- to find out whether they have an unhealthy amount of mold in their homes, Palsgaard said. Barkley, for example, said he asked the county last October to tell him whether his house was habitable or not. He said he was concerned about the health of his father, who had been in and out of the hospital. But the county said it no longer did mold tests, Barkley said. When it comes to enforcing health standards against landlords who rent out rooms and homes, Palsgaard said the county can't force a landlord to clean up mold. But it can make sure that a house or apartment does not have problems that contribute to mold growth -- such as a leaky pipe, poor ventilation, a cracked foundation, or a roof that is not weatherproof. Palsgaard said that usually takes care of the source of any mold problem. But he said if a tenant complains about a landlord and says they " just have a mold problem and don't have any other problems, we just send them some information and refer them to our Web site. " " In the housing code, we don't have anything that specifically says that if you have a moldy house it's substandard and you need to move out, " he said. But basic health and building code regulations that the county rely on fail to address mold problems in some cases. Marilyn Gorman, a code inspector with the city of Merced, said some houses and buildings -- especially older ones -- have chronic moisture problems that can't be solved by enforcing regulations. In these cases, the county and city have no way of regulating mold. " For the most part we do take care of the problem, " she said. But for older houses that do not have damaged pipes or foundations, Gorman said: " There's nothing we can do. " Palsgaard said he rarely condemns a house. He said that his order to evacuate Barkley's house was an exception and that he didn't make his decision based on the excessive mold in the house. Gill, the Fresno County official, said the lack of a state-mandated mold standard is frustrating. " Is it a hazard? Yes, it is a hazard. Is it in regulations? No, " he said. " It definitely needs to be looked at and addressed. ... A lot of people think we're washing our hands of this, but we don't have any regulations. " Mold in workplaces The situation is even worse for local stores, businesses and workplaces. In many cases, no one enforces mold problems or even the problems that lead to fungus growth, such as leaky roofs or damaged pipes. The county Environmental Health Department -- which requires residential landlords to fix problems that contribute to mold -- said it doesn't deal with commercial buildings. The buildings division of the county Public Works Department said the onus isn't on it either. Director Graves said his crew gives buildings an initial check-off when they're first constructed, but doesn't do follow-up checks. The county's code enforcement division said it refers all mold problems to the county's environmental health department. Palsgaard, head of environmental health, said the California Division of Occupational Safety and Health is supposed to handle questions from employees who are concerned that there might be mold in their work environment. " We don't get involved with employee workplace issues, that's Cal- OSHA, " he said. But Cal-OSHA spokesman Dean Fryer said Palsgaard was " way off. " " That has to be a county issue, " he said. " They have control over local buildings. Someone there has to address that. " The California Department of Health said, when it comes to mold, its main role is to simply provide information. It's up to the counties and cities to take direct action against moldy buildings or houses. " Unfortunately, we're not able to provide any direct, hands-on services for mold-related and chronic dampness in buildings, " said McNeel, the research scientist with the health department. The net effect is that stores, schools, offices and industrial buildings that are outside city limit -- or within cities that don't strictly enforce building code violations -- are essentially not held accountable by local enforcement agencies for mold problems. " All of these political entities don't want to get involved in it because it's a hot potato, " said Marinkovich, the doctor who specializes in mold. Some want a standard Palsgaard said because mold is everywhere -- inside, outside and always spreading its spores -- it's difficult to develop a standard that says how much mold is unhealthy. Still, he said he's anxiously waiting for the state to develop some type of guidelines for mold. He said the Legislature has promised for years to come up with such a standard. In the meantime, some people want to see the county develop a policy to address its mold problems -- or at least a hard-line approach to protecting residents against mold. " I suspect the county should be taking a look at this, " said Fryer, the Cal- OSHA spokesman. " The county has building codes. One would think that could be addressed at that level. There's the ability to do that on the local level. " Newton, manager of the Stanislaus County Department of Environmental Resources, said he takes an active stance against mold even without the state standards. He said that two years ago he ordered an abandoned turkey-processing plant to be boarded up because it was too moldy and people were still going into the building. " We just do it, " Newton said. " If we have something identified as a health hazard, we take the appropriate steps. " If Merced County had a policy against mold, then local cities could help enforce it, said Merced's chief code enforcer Hall. He said the city doesn't play much of a role in combating mold, though it does have the ability to shut down a building if it is deemed " not livable " -- a broad category that could include mold problems. But if the county enforced a standard, Hall said he could put some teeth into a Merced anti-fungus policy. " I want to know why the Merced County Environmental Health Department is no longer dealing with mold, " Hall said. " I think we should have some guidelines. I would like to have that as a resource. " Asked whether he thought the city should independently develop its own policy against mold, he said: " I personally think the county would take the lead on that. " Out in Delhi, Barkley has moved into a house he's renting across the street from his moldy home. He wears a blue hospital mask whenever he goes in his old house and doesn't stay for long. " You live in it you get used to it, but you're always coughing and sick, " he said. " When I got out, I said, 'I can smell again.' " DELHI -- It used to be a simple message. " Come talk to me about my home that Florsheim built, " read a sign posted on the front of Chay Barkley's house. But after his dad died last December, Barkley added another message on his home. This one didn't mince words. " MOLD, WATER LEAKS DUE TO ROOF AND STUCCO DEFECTS -- $300,000+ damage, " read a screed made out of blue tape that spans Barkley's garage door. " Never has Florsheim offered a fair and complete repair of this home! They have known for 5 years and will allow family members to get sick and die and still do nothing! " Florsheim Homes -- a Stockton-based Valley developer that has built more than 4,000 homes -- said it used to have a spotless track record with its customers. But then in 2000 Barkley bought one of their homes. In the following years, the 400-home Florsheim development in Delhi was thrown into litigious turmoil. Barkley sued the developer in 2003. Another 37 homeowners in the development signed on. They claimed that Florsheim had done a faulty job building their homes. They wanted repairs. Three years later, 34 of the homeowners have settled their dispute with Florsheim. But four of them, including Barkley, want much more. " Florsheim's done a real poor job, " said Barkley, who believes the mold that invaded his house led to his dad's death. " They've got a lot of money to cover this. There's other people who are going to get sick. " Though Florsheim acknowledges it made some minor mistakes when it built the house, it accuses Barkley of letting problems get out of control by not allowing the developer to fulfill its warranty and fix the house. When Barkley first confronted Florsheim he asked the developer to make tens of thousands of dollars in repairs to fix a leaky roof and poorly installed stucco, which was used to cover the outside of his house. He also said structural repairs were necessary. After battling the developer for more than five years -- and now on his third lawyer -- he says he wants $2 million from Florsheim. The money would cover the cost of his mold-ridden house, which Barkley says is hopelessly in disrepair. It would also pay for mold- related hospital bills and reimburse him for " pain and suffering, " Barkley said. Florsheim says the house doesn't have any structural problems and that the shortcomings on Barkley's house are an isolated problem. " We built 400 homes out there and none of the other houses have those issues, " said Florsheim President Suzanne Candini. But of the problems with Barkley's house, she said: " That's our fault, that was a mistake. Human beings built this house. " Last month, Florsheim said it would buy back the home at a " fair market value, " which would be a much higher price than what it sold for. But Barkley said the offer -- likely worth hundreds of thousands of dollars -- came too late. Studies, lawyers and mold Barkley, who says he's a former construction contractor, is convinced Florsheim did a poor job building his house. Whenever he shows visitors the damage moisture and mold have done to his home, he provides a compelling exhibit: The mushrooms. On the second floor of his house, a small patch of brownish mushrooms are scattered across a guest bedroom. Barkley said they sprouted up from the carpet after he abandoned his house a few months ago. To back up his case against Florsheim, Barkley asked the Merced County Department of Environmental Health to condemn his six-year- old house. On Feb. 24, the county sent him a letter that said it inspected his house and found it was a " substandard building " and violated two California health and safety codes. The first was: " Dampness of habitable rooms. ... Evidence of dampness included mold and water staining of ceilings, floor and walls. " The second was: " Faulty weather protection. ... There was evidence (water stains) of water leaks on the interior of the dwelling. " The county ordered the house to be evacuated. Barkley now rents a house across the street from his old home. Florsheim and Barkley sharply dispute how his house went from a brand new home to a breeding ground for mold. Barkley started the process of buying his home from Florsheim while it was still being built in 2000. He said he saw construction workers making shortcuts on his home and said they didn't pay attention to details. Letters exchanged between Barkley and Florsheim show that when he complained to the developer, Barkley was offered the chance to cancel the sale and walk away with $1,000. Barkley turned down the deal, saying he had already arranged his life around buying the home and that he thought Florsheim would be willing to fix the house once confronted with evidence of deficiencies. But after he bought the house, Barkley and the developer started battling back and forth in a series of letters, legal actions and studies. Graves, Merced County's chief building inspector, took a cursory look at the home soon after it was built. He said it appeared there were some leaks in the roof, but added, " I did not see any serious structural concerns. " An inspector with the California Contractors State License Board examined Barkley's house in 2001 and said it needed almost $10,000 in repairs. Florsheim said it was willing to cover the costs of those repairs or fix the house themselves. Barkley said the suggested repairs wouldn't take care of all the problems with his home and turned down the offer. In April 2004, engineer Willis Naphan reported to AAA Insurance, which insured Barkley's property, that there were " numerous cracks " in the house's stucco and that there was only one layer of building paper beneath the stucco. State code requires two layers of building paper for the parts of homes that use plywood. Naphan said on Friday that he found only one layer used for all parts of the house. " The one was in pretty bad shape, " he said. Asked what she thought of Naphan's report, Candini said: " I totally dispute it. " Candini said Florsheim's inspectors have found only minor problems with the house. But she said she could not turn over their reports because of the ongoing lawsuit with Barkley. In August 2005, an engineering firm commissioned by Barkley's lawyer found that the house had " construction deficiencies " and " workmanship issues. " It estimated repairs would cost $149,000. Lange, a spokesman for Florsheim, said the repairs wouldn't be as much if Barkley had let Florsheim fix the house earlier. " The damage was exacerbated over time, " he said. " Obviously when there's a situation of neglect, there's a worse chance of a water leak festering over time. Had he let us come in and fix the leaks, this wouldn't be a problem. " Florsheim said it has offered to pay for an inspector that it and Barkley both agree on to make a final analysis of the home. Candini said the company would make any repairs that the inspector suggests. Barkley said there's already been a variety of studies done on his house, though none of them have examined whether the house had any structural problems. He said there isn't a need for more studies and that Florsheim is stalling. Lessons learned Candini calls the struggle with Barkley an " expensive little lesson. " After recognizing how cracks and leaks can mushroom into all-out homeowner warfare, Florsheim started a new program that tells its customers what they need to do to take care of their homes. Candini said her company takes new homeowners, sits them down, and gives them a PowerPoint presentation about how to handle cracks, leaks and any other problems that often come with a new home. She said customers are encouraged to let Florsheim know right away if they have any problems and said the company usually takes care of concerns up to 10 years after the house is built. " Your house isn't going to take care of itself, " Candini said homeowners are told. " You have to maintain it. " In the meantime, the development company continues its legal battle with Barkley, who Candini said she believes just wants a lot of money. The $10,000 per month attorney fees the company pays are getting tiresome, she said. Candini said she's ready to settle the dispute with Barkley as soon as possible -- within some limits. She said she wants to tell Barkley: " OK, let's talk. But it's not $2 million and it's not $800,000. " Barkley says that Florsheim -- not himself -- was the one that let the situation escalate. " It started out really small, " he said. " They could have fixed it in the construction phase. " Reporter can be reached at 385-2431 or ccollins@.... Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 12, 2006 Report Share Posted March 12, 2006 sounds like somewhere I know, I called the health dept, they told me to call NRD, they said call QIA, they said call CDC, they said call the health dept. talk about passing the buck, I did it a few times just for the heck of it, they all new who I was the second time, and got short with me, because I told them " well, so and so said call you " -- - In , " tigerpaw2c " <tigerpaw2c@...> wrote: > > Owner wages mold war > > There are no state, county or city guidelines or laws to help > residents with health problems or home defects > > > Delhi resident Chay Barkley says his house was overrun with mold > after leaks in his walls and roof saturated his home with moisture. > > http://www.mercedsunstar.com/local/story/11919732p-12687117c.html > > By > CCOLLINS@... > > > Last Updated: March 11, 2006, 09:09:44 AM PST > > > Standing in a small room where his mom used to live, Chay Barkley > pointed out where his home had been invaded. > Mold clung to the walls, hung from the ceiling and was meshed with > the carpet. You could smell it in the air. The spots, marks and > foaming fungi were in every corner of his house. > > They told the story of how his dream home became a nightmare. > > The quaint, two-story house with modern landscaping and a small > backyard was part of a Delhi development built in 2000. > > Less than six years later it was condemned. > > Officially, the county Environmental Health Department said that the > house did not have proper weather protection and violated California > health and safety codes. > > But the black spots that dotted many of the walls and the musty > smell that permeated the house were evidence of a bigger problem. > > His home had become a petri dish for mold. > > Barkley's plight highlights the battle Merced County residents wage > against a dangerous foe that is often overlooked or ignored. > > It also shines light on the lack of regulations local government has > to tackle mold. > > In fact, Merced County has no policy on mold -- even for businesses, > offices or public places where people work and shop every day. > > Barkley was ordered to leave his house last month only after he > begged the county to condemn it. It was a last-ditch effort he said > would bolster his lawsuit against the developer that built his house. > > A county official said houses are rarely condemned. > > Without a comprehensive mold policy, residents are living a risky > way of life, said Bay Area doctor and mold specialist > Marinkovich, who has treated some patients from Merced. > > Mold doesn't cause instant harm and it's not something that > automatically raises alarm, he said. But the mold creeps into > peoples' lungs before they're fully aware it's even a problem. > > " Mold is not virulent, " Marinkovich said. " It doesn't make you sick > right away, but it eats away at you. " > > Barkley said he didn't realize he even had a mold problem until > about a year ago. > > That's what made it so dangerous. > > He believes his 79-year-old dad, Arthur Hager Jr., died in December > from the mold that had spread throughout his house. > > A death certificate shows Hager suffered from pneumonia and a > bacterial infection -- conditions that Marinkovich says may have > been averted if Hager had not been exposed to mold spores. > > " We were living here and were used to the smell, " Barkley said. > > A moldy place > > The Valley is a perfect storm for mold. > > The weather, geography and agricultural industries brew yearlong > moisture in the air and provide lots of feeding ground -- the two > ingredients needed for mold to grow. > > Farms feed off rivers and canals that criss-cross the Valley. In the > winter, fog sets in and brings with it dampness. When soil is > tilled, mold that has been growing on the ground releases its spores. > > Complaints about mold are most common around this time of year, > local health officials said. > > Marinkovich's analysis is simple: " The Valley is filled with mold. " > > Deidre Kelsey, a member of the Merced County Board of Supervisors > whose district includes Barkley's house, agreed. She said she > thought the Valley has " more mold than any other place. " > > Mold isn't a threat when it's outside, where winds and shifting > environmental conditions keep it from settling and harming immune > systems, Marinkovich said. > > But when it festers inside buildings or homes, it can cause > respiratory problems, watery eyes and even damage to the nervous > system. > > Marinkovich said that in small amounts, mold doesn't harm most > people. But people with chronic illness like cancer, diabetes or > asthma -- something the Valley is infamous for -- are at a much > greater risk. > > And, as Barkley found out, old houses aren't the only places > targeted by mold. > > Harnak " Hank " Gill, head of Fresno County's Environmental Health > housing program, said some developers have been taking shortcuts > that can ultimately lead to health hazards. > > " Less and less material is being used to build houses, " Gill > said. " If you use the (same amount of material) like they used to, > you would not have as much of a problem. " > > Willis Naphan, an engineer who said he found " substantial problems " > when he inspected Barkley's house two years ago, said some > developers may not strictly enforce quality control when they build > their homes. > > " Someone gets in a hurry and you get someone who is not qualified or > there is a lack of supervision, " he said. > > Kelsey said that questions about mold are even more pressing in > Merced County, given its rapid rate of growth. > > " We've never had a policy discussion about mold, " she said. " It may > be that being on the cusp of much development, we should look into > it. " > > A problem? A solution? > > Despite the health threat and the recent national spotlight on mold- > ridden New Orleans, local officials say their hands are tied when it > comes to battling fungus. > > Because there's no national or state standard for how much mold is > too much mold -- and because running mold tests is expensive -- > Merced County doesn't have a policy on the health hazard. > > The county used to do mold tests about five years ago, said Jeff > Palsgaard, the county's Environmental Health director. It would take > samples of mold in houses and send them to a lab for testing. > > Palsgaard said the county didn't force homeowners to make repairs, > but would send the test results back to the owner of the house along > with some information about mold. > > But that got too expensive, he said. Also, the state told counties > it wasn't necessary to test mold. > > Merced County's situation is not unique, said Sandy McNeel, a > research scientist with the California Department of Health. She > said the majority of counties don't do mold tests. > > That means homeowners who complain about mold are responsible to > determine for themselves -- or to hire a mold tester -- to find out > whether they have an unhealthy amount of mold in their homes, > Palsgaard said. > > Barkley, for example, said he asked the county last October to tell > him whether his house was habitable or not. He said he was concerned > about the health of his father, who had been in and out of the > hospital. But the county said it no longer did mold tests, Barkley > said. > > When it comes to enforcing health standards against landlords who > rent out rooms and homes, Palsgaard said the county can't force a > landlord to clean up mold. > > But it can make sure that a house or apartment does not have > problems that contribute to mold growth -- such as a leaky pipe, > poor ventilation, a cracked foundation, or a roof that is not > weatherproof. > > Palsgaard said that usually takes care of the source of any mold > problem. > > But he said if a tenant complains about a landlord and says > they " just have a mold problem and don't have any other problems, we > just send them some information and refer them to our Web site. " > > " In the housing code, we don't have anything that specifically says > that if you have a moldy house it's substandard and you need to move > out, " he said. > > But basic health and building code regulations that the county rely > on fail to address mold problems in some cases. > > Marilyn Gorman, a code inspector with the city of Merced, said some > houses and buildings -- especially older ones -- have chronic > moisture problems that can't be solved by enforcing regulations. In > these cases, the county and city have no way of regulating mold. > > " For the most part we do take care of the problem, " she said. > > But for older houses that do not have damaged pipes or foundations, > Gorman said: " There's nothing we can do. " > > Palsgaard said he rarely condemns a house. He said that his order to > evacuate Barkley's house was an exception and that he didn't make > his decision based on the excessive mold in the house. > > Gill, the Fresno County official, said the lack of a state-mandated > mold standard is frustrating. > > " Is it a hazard? Yes, it is a hazard. Is it in regulations? No, " he > said. " It definitely needs to be looked at and addressed. ... A lot > of people think we're washing our hands of this, but we don't have > any regulations. " > > Mold in workplaces > > The situation is even worse for local stores, businesses and > workplaces. > > In many cases, no one enforces mold problems or even the problems > that lead to fungus growth, such as leaky roofs or damaged pipes. > > The county Environmental Health Department -- which requires > residential landlords to fix problems that contribute to mold -- > said it doesn't deal with commercial buildings. > > The buildings division of the county Public Works Department said > the onus isn't on it either. Director Graves said his crew > gives buildings an initial check-off when they're first constructed, > but doesn't do follow-up checks. > > The county's code enforcement division said it refers all mold > problems to the county's environmental health department. > > Palsgaard, head of environmental health, said the California > Division of Occupational Safety and Health is supposed to handle > questions from employees who are concerned that there might be mold > in their work environment. > > " We don't get involved with employee workplace issues, that's Cal- > OSHA, " he said. > > But Cal-OSHA spokesman Dean Fryer said Palsgaard was " way off. " > > " That has to be a county issue, " he said. " They have control over > local buildings. Someone there has to address that. " > > The California Department of Health said, when it comes to mold, its > main role is to simply provide information. It's up to the counties > and cities to take direct action against moldy buildings or houses. > > " Unfortunately, we're not able to provide any direct, hands-on > services for mold-related and chronic dampness in buildings, " said > McNeel, the research scientist with the health department. > > The net effect is that stores, schools, offices and industrial > buildings that are outside city limit -- or within cities that don't > strictly enforce building code violations -- are essentially not > held accountable by local enforcement agencies for mold problems. > > " All of these political entities don't want to get involved in it > because it's a hot potato, " said Marinkovich, the doctor who > specializes in mold. > > Some want a standard > > Palsgaard said because mold is everywhere -- inside, outside and > always spreading its spores -- it's difficult to develop a standard > that says how much mold is unhealthy. > > Still, he said he's anxiously waiting for the state to develop some > type of guidelines for mold. He said the Legislature has promised > for years to come up with such a standard. > > In the meantime, some people want to see the county develop a policy > to address its mold problems -- or at least a hard-line approach to > protecting residents against mold. > > " I suspect the county should be taking a look at this, " said Fryer, > the Cal- OSHA spokesman. " The county has building codes. One would > think that could be addressed at that level. There's the ability to > do that on the local level. " > > Newton, manager of the Stanislaus County Department of > Environmental Resources, said he takes an active stance against mold > even without the state standards. > > He said that two years ago he ordered an abandoned turkey- processing > plant to be boarded up because it was too moldy and people were > still going into the building. > > " We just do it, " Newton said. " If we have something identified as a > health hazard, we take the appropriate steps. " > > If Merced County had a policy against mold, then local cities could > help enforce it, said Merced's chief code enforcer Hall. > > He said the city doesn't play much of a role in combating mold, > though it does have the ability to shut down a building if it is > deemed " not livable " -- a broad category that could include mold > problems. > > But if the county enforced a standard, Hall said he could put some > teeth into a Merced anti-fungus policy. > > " I want to know why the Merced County Environmental Health > Department is no longer dealing with mold, " Hall said. " I think we > should have some guidelines. I would like to have that as a > resource. " > > Asked whether he thought the city should independently develop its > own policy against mold, he said: " I personally think the county > would take the lead on that. " > > Out in Delhi, Barkley has moved into a house he's renting across the > street from his moldy home. He wears a blue hospital mask whenever > he goes in his old house and doesn't stay for long. > > " You live in it you get used to it, but you're always coughing and > sick, " he said. " When I got out, I said, 'I can smell again.' " > > DELHI -- It used to be a simple message. > > " Come talk to me about my home that Florsheim built, " read a sign > posted on the front of Chay Barkley's house. > > But after his dad died last December, Barkley added another message > on his home. > > This one didn't mince words. > > " MOLD, WATER LEAKS DUE TO ROOF AND STUCCO DEFECTS -- $300,000+ > damage, " read a screed made out of blue tape that spans Barkley's > garage door. " Never has Florsheim offered a fair and complete repair > of this home! They have known for 5 years and will allow family > members to get sick and die and still do nothing! " > > Florsheim Homes -- a Stockton-based Valley developer that has built > more than 4,000 homes -- said it used to have a spotless track > record with its customers. > > But then in 2000 Barkley bought one of their homes. > > In the following years, the 400-home Florsheim development in Delhi > was thrown into litigious turmoil. > > Barkley sued the developer in 2003. Another 37 homeowners in the > development signed on. > > They claimed that Florsheim had done a faulty job building their > homes. They wanted repairs. > > Three years later, 34 of the homeowners have settled their dispute > with Florsheim. > > But four of them, including Barkley, want much more. > > " Florsheim's done a real poor job, " said Barkley, who believes the > mold that invaded his house led to his dad's death. " They've got a > lot of money to cover this. There's other people who are going to > get sick. " > > Though Florsheim acknowledges it made some minor mistakes when it > built the house, it accuses Barkley of letting problems get out of > control by not allowing the developer to fulfill its warranty and > fix the house. > > When Barkley first confronted Florsheim he asked the developer to > make tens of thousands of dollars in repairs to fix a leaky roof and > poorly installed stucco, which was used to cover the outside of his > house. He also said structural repairs were necessary. > > After battling the developer for more than five years -- and now on > his third lawyer -- he says he wants $2 million from Florsheim. > > The money would cover the cost of his mold-ridden house, which > Barkley says is hopelessly in disrepair. It would also pay for mold- > related hospital bills and reimburse him for " pain and suffering, " > Barkley said. > > Florsheim says the house doesn't have any structural problems and > that the shortcomings on Barkley's house are an isolated problem. > > " We built 400 homes out there and none of the other houses have > those issues, " said Florsheim President Suzanne Candini. > > But of the problems with Barkley's house, she said: " That's our > fault, that was a mistake. Human beings built this house. " > > Last month, Florsheim said it would buy back the home at a " fair > market value, " which would be a much higher price than what it sold > for. But Barkley said the offer -- likely worth hundreds of > thousands of dollars -- came too late. > > Studies, lawyers and mold > > Barkley, who says he's a former construction contractor, is > convinced Florsheim did a poor job building his house. > > Whenever he shows visitors the damage moisture and mold have done to > his home, he provides a compelling exhibit: The mushrooms. > > On the second floor of his house, a small patch of brownish > mushrooms are scattered across a guest bedroom. Barkley said they > sprouted up from the carpet after he abandoned his house a few > months ago. > > To back up his case against Florsheim, Barkley asked the Merced > County Department of Environmental Health to condemn his six-year- > old house. On Feb. 24, the county sent him a letter that said it > inspected his house and found it was a " substandard building " and > violated two California health and safety codes. > > The first was: " Dampness of habitable rooms. ... Evidence of > dampness included mold and water staining of ceilings, floor and > walls. " > > The second was: " Faulty weather protection. ... There was evidence > (water stains) of water leaks on the interior of the dwelling. " > > The county ordered the house to be evacuated. Barkley now rents a > house across the street from his old home. > > Florsheim and Barkley sharply dispute how his house went from a > brand new home to a breeding ground for mold. > > Barkley started the process of buying his home from Florsheim while > it was still being built in 2000. He said he saw construction > workers making shortcuts on his home and said they didn't pay > attention to details. > > Letters exchanged between Barkley and Florsheim show that when he > complained to the developer, Barkley was offered the chance to > cancel the sale and walk away with $1,000. > > Barkley turned down the deal, saying he had already arranged his > life around buying the home and that he thought Florsheim would be > willing to fix the house once confronted with evidence of > deficiencies. > > But after he bought the house, Barkley and the developer started > battling back and forth in a series of letters, legal actions and > studies. > > Graves, Merced County's chief building inspector, took a > cursory look at the home soon after it was built. He said it > appeared there were some leaks in the roof, but added, " I did not > see any serious structural concerns. " > > An inspector with the California Contractors State License Board > examined Barkley's house in 2001 and said it needed almost $10,000 > in repairs. Florsheim said it was willing to cover the costs of > those repairs or fix the house themselves. > > Barkley said the suggested repairs wouldn't take care of all the > problems with his home and turned down the offer. > > In April 2004, engineer Willis Naphan reported to AAA Insurance, > which insured Barkley's property, that there were " numerous cracks " > in the house's stucco and that there was only one layer of building > paper beneath the stucco. > > State code requires two layers of building paper for the parts of > homes that use plywood. Naphan said on Friday that he found only one > layer used for all parts of the house. > > " The one was in pretty bad shape, " he said. > > Asked what she thought of Naphan's report, Candini said: " I totally > dispute it. " > > Candini said Florsheim's inspectors have found only minor problems > with the house. But she said she could not turn over their reports > because of the ongoing lawsuit with Barkley. > > In August 2005, an engineering firm commissioned by Barkley's lawyer > found that the house had " construction deficiencies " > and " workmanship issues. " It estimated repairs would cost $149,000. > > Lange, a spokesman for Florsheim, said the repairs wouldn't be > as much if Barkley had let Florsheim fix the house earlier. > > " The damage was exacerbated over time, " he said. " Obviously when > there's a situation of neglect, there's a worse chance of a water > leak festering over time. Had he let us come in and fix the leaks, > this wouldn't be a problem. " > > Florsheim said it has offered to pay for an inspector that it and > Barkley both agree on to make a final analysis of the home. Candini > said the company would make any repairs that the inspector suggests. > > Barkley said there's already been a variety of studies done on his > house, though none of them have examined whether the house had any > structural problems. He said there isn't a need for more studies and > that Florsheim is stalling. > > Lessons learned > > Candini calls the struggle with Barkley an " expensive little lesson. " > > After recognizing how cracks and leaks can mushroom into all-out > homeowner warfare, Florsheim started a new program that tells its > customers what they need to do to take care of their homes. > > Candini said her company takes new homeowners, sits them down, and > gives them a PowerPoint presentation about how to handle cracks, > leaks and any other problems that often come with a new home. > > She said customers are encouraged to let Florsheim know right away > if they have any problems and said the company usually takes care of > concerns up to 10 years after the house is built. > > " Your house isn't going to take care of itself, " Candini said > homeowners are told. " You have to maintain it. " > > In the meantime, the development company continues its legal battle > with Barkley, who Candini said she believes just wants a lot of > money. > > The $10,000 per month attorney fees the company pays are getting > tiresome, she said. > > Candini said she's ready to settle the dispute with Barkley as soon > as possible -- within some limits. > > She said she wants to tell Barkley: " OK, let's talk. But it's not $2 > million and it's not $800,000. " > > Barkley says that Florsheim -- not himself -- was the one that let > the situation escalate. > > " It started out really small, " he said. " They could have fixed it in > the construction phase. " > > Reporter can be reached at 385-2431 or > ccollins@... > Quote Link to comment Share on other sites More sharing options...
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