A fire starts in the kitchen and spreads to the upper floor of a modern, 2-story home. A neighbor notices smoke and calls the local fire department.

A truck and two engine companies respond, and knock down the fire with two 1^I-inch hand lines. After completing its search and ventilation duties, the truck company turns its focus to terminating utilities and performing overhaul and salvage operations. Hidden fires are found and extinguished, and personal contents are protected in place or removed from the structure. Eventually, broken windows are covered.

The investigation is completed and the residence is returned to the home owners, who have returned to find their house and life in quite a different state than when they had departed earlier that day.

We often spend a significant amount of time with emotional residents, providing resources or contact information for various public services, the Red Cross, Salvation Army, religious organizations and often the home owners' insurance company. We then put our apparatus back in service and return to the station, congratulating ourselves on the property saved by our aggressive fire attack.

But did we save the home or did we unknowingly make the condition worse after we extinguished the fire? After the fire department leaves, the home owner moves out to a hotel. The insurance company can't get to the home for several days due to storms in the area. The house — dark, moist and now well-sealed up with Visqueen — is a perfect incubator for the rapid growth of mold.

Simple but dangerous

Molds are simple organisms that occur naturally in the environment, both indoors and outdoors. There are more than 100,000 known species of mold, with 1,000 species found in the United States alone. Mold spores are naturally present everywhere, both inside and outside of structures. Mold is considered a fungus, and as many as 250,000 spores can fit on the head of a pin. Because the mold spores are microscopic in size and light in weight, they are easily airborne.

Mold spores need three things to grow: a particular temperature range, usually 40°F to 100°F; an organic material or nutrient source like cellulose; and moisture. During late spring, summer and fall months, most houses within the continental United States are within the temperature range for mold to grow. In the southern United States, the warmer temperatures permit mold growth to occur year round. Texas is one of the states most affected by mold growth. An organic substrate, or materials made of wood, paper, carpet and paint, is found in every house, but its ability to act as a breeding ground for mold varies with the level of excess moisture present. When there is sufficient moisture available indoors, mold growth will take place and will continue unchecked as long as the excessive moisture remains.

In 2001, a jury awarded a Texas family more than $32 million against an insurance company for damages to their home from a growth of toxic mold known as stachybotrys, or “black mold.” An appeals court reduced that figure to $4 million, but lawsuits in many other states have resulted in jury awards or settlements against insurance carriers, contractors or other responsible parties that were in excess of tens of millions of dollars collectively.

Why are there so many mold lawsuits? Because certain molds, such as stachybotrys or aspergillus, produce myco-toxins and are known as toxic mold. Unchecked mold growth destroys the organic substrate. In other words, it destroys all of the wood, paneling, carpet, furniture and even food found within the house. Toxic molds may cause serious health affects such as nose bleeds, headaches, coughing, skin rashes, breathing difficulties, fatigue and memory loss.

The consensus of opinion from the EPA, FEMA, CDC, mycologists and microbiologists is that mold may begin to grow and spread within 24 to 48 hours in structures damaged by water. While the fire service has focused on the issue of salvage for many years, new emphasis must be placed on preventing damages that result from inadequate efforts to minimize water damage or educate the home owner to the precautions that must be taken to eliminate the potential mold problem.

Information salvage

Fire department officials must be aware of the implications of using water in homes where the fire damage is not significant. Efforts must be made as part of the salvage process to remove excess water from the home. Standing water must be removed immediately. An appliance that is designed to remove water, such as a wet vac, should be used. Large buckets or pans should be placed underneath sagging ceilings. Small holes may be placed in the ceilings to remove trapped water.

More importantly, home owners must be given detailed steps to prevent bacteria and mold growth. These steps include the removal of wet items from the home. Wood furniture should be blotted or wiped to remove excess moisture. If items are too heavy to remove from the structure, home owners should be advised to place aluminum foil or wood blocks between the furniture legs and carpeting. Furniture doors and drawers should be opened to expedite drying.

Once the standing water has been removed, the home owner should be advised to make arrangements to reconnect the electricity. Once the electricity has been turned back on by the utility company, the home owner should be instructed to use fans to circulate air and assist in trying. In summer months, humidifiers and air conditioners may be used to reduce the moisture content. Most importantly, home owners should be advised regarding the potential for mold growth — and its effect on the house and the occupants' health if not addressed early.

State action

Many insurance companies are dealing with the issues of mold growth and are changing their policies to either eliminate or place limits on the coverage available to home owners for mold damages. This may make cleanup efforts more difficult.

Some states are addressing mold problems legislatively. In California, Senate Bill 732, the Toxic Mold Protection Act of 2001, required the California Department of Health Services to develop and adopt standards for the assessment, identification and remediation of mold by July 1, 2003. According to the law, the health service also is responsible for developing a reporting form for building inspections that can be used to document the present of mold. It provides that public health officers and code enforcement officers may respond to complaints about mold and may enforce the standards developed by the department.

Fire departments may unwittingly cause mold to grow within homes and buildings as a result of fire suppression efforts. This is an unfortunate but sometimes unavoidable result of water application within the interior of a structure. However, once the water has been applied, reasonable efforts must be taken to minimize the potential harmful effects of water left standing.

If the fire department isn't in a position to mitigate the potential damages caused by water, the home owner must be advised of the effects of water or dampened contents within the structure. Home owners must be advised of proper remediation practices, and should be referred to their insurance company or a contractor to address these problems immediately. Departments should consider providing home owners with information on minimizing water loss and potential mold claims. To do otherwise invites potential lawsuits and, in the long run, may create public relations nightmares even where no liability exists.

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David C. Comstock Jr. is an attorney specializing in fire litigation and the defense of government entities, including fire departments. He's also chief of the Western Reserve Joint Fire District, Poland, Ohio.