Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 1 of 64 Desc Exhibit EXHIBIT A ExA.docx Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 2 of 64 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION DISTRICT OF COLUMBIA Petitioner/Plaintiff, v. TERRACE MANOR, LLC, et al. Respondents/Defendants. ) ) ) ) ) ) ) ) ) ) ) Filed Desc Exhibit D.C. Superior Court 04/25/2017 10:52AM Clerk of the Court 2016 CA 007767 B Judge John M. Mott Next Event: April 25, 2017 at 2:00pm Evidentiary Hearing DISTRICT OF COLUMBIA’S PRE-HEARING STATEMENT The District of Columbia (“the District”), through the Office of the Attorney General, provides the following Pre-Hearing Statement in connection with the Evidentiary Hearing on the District’s Motion to Appoint a Receiver scheduled in this matter for April 25, 2017 at 2:00 P.M. The District filed its Motion to Appoint a Receiver because Respondents have substantially failed to comply with the provisions of the Abatement Plan entered as an order of this Court on January 26, 2017. Due to Respondent’s noncompliance, the tenants at Terrace Manor have continued to endure conditions that threaten their life, health, and safety. The District plans to call a maximum of four witnesses to attest to the current conditions at the property: 1. Ken Rehfuss: Mr. Rehfuss is a contractor and consultant with over thirty years of experience. He will testify to the overall conditions at the property.1 2. William Spearman: Mr. Spearman is a D.C. licensed mold inspector with over 10 years of experience in mold testing, remediation, and water infiltration. He will testify about the mold inspection that he conducted at Terrace Manor Apartments on April 20, 2017. 2 1 Mr. Rehfuss conducted an inspection of the property on April 10, 2017. During his inspection he took over 100 photos. The District will not offer all of these pictures into evidence, but has delivered via electronic mail all photos in the District’s possession to counsel for the Respondents. The photos that the District intends to use during the hearing are attached to this praecipe. They are Bates-stamped TM001628 to TM001675. 2 The District forwarded copies on Mr. Spearman’s inspection reports to counsel for the Respondents, which are attached to this praecipe as Petitioner’s Exhibits 1-4. Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 3 of 64 Desc Exhibit 3. Michael Lampro: Mr. Lampro is the Designated Inspector pursuant to the Abatement Plan. Mr. Lampro will offer testimony about the Respondent’s compliance with the Abatement Plan. 4. Monica Jackson: Ms. Jackson is a tenant at Terrace Manor, and either she or another tenant (Ms. Toomer) will briefly summarize what it has been like living at the property since Respondents purchased it in December 2012 as well as the current conditions at the property. Dated: April 25, 2017 Respectfully Submitted, KARL A. RACINE Attorney General for the District of Columbia ROBYN BENDER Deputy Attorney General, Public Advocacy Division PHILIP ZIPERMAN Director, Office of Consumer Protection JIMMY R. ROCK Deputy Director, Office of Consumer Protection /s/ Jane Lewis JANE LEWIS 3 Chief, Housing and Community Justice Section /s/ Argatonia Weatherington ARGATONIA WEATHERINGTON [1021691] BENJAMIN M. WISEMAN [1005442] Assistant Attorneys General 441 4th Street, N.W. Suite 1060N Washington, D.C. 20001 (202) 727-6338 (phone) (202) 730-1806 (e-fax) Email: Argatonia.Weatherington@dc.gov Attorneys for the District of Columbia CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing District of Columbia’s Pre-hearing Statement was served upon counsel for Respondents, Stephen Hessler, via CaseFile Express on April 25, 2017. /s/ Argatonia Weatherington 3 Practicing in the District of Columbia pursuant to Ct. App. R. 49(c)(4) and under the supervision of a member of the D.C. Bar. Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 4 of 64 ARGATONIA WEATHERINGTON Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 5 of 64 Desc Exhibit Remediation Scope of Work & Laboratory Analysis Results 3341 23rd Street SE Washington, DC 20020 A Service Provided by Arrowhead Consulting Inc. P.O. Box 217 Broad Run, Virginia 20137 240-832-5900 PETI TI ONER’ S EXHI BI T 1 D. C.v .Ter r aceManor ,LLC,etal . 2016CA77672 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 6 of 64 Office of the Attorney General for the District of Columbia 441 4th Street NW 1060 North Washington, DC 20001 Desc Exhibit 04/22/2017 Re: 3341 23rd Street SE Ms. Lewis, Arrowhead Consulting Inc. conducted a mold inspection on 04/20/2017 at the above referenced property. This inspection was conducted to gather data for the assessment of potential mold growth within the building, moisture level evaluation of building materials, as well as the formation of a Microbial Remediation Scope of Work. Non-viable air and surface samples were taken during this inspection and are included in Appendix A. Non-viable samples are not cultured (grown), the spores are identified by size, shape, color and structure. Culturing is used for the identification of the actual strain of each type of mold which is not necessary to identify mold contamination issues within a building. Client Provided Information The following information was reported by the client at the time of this assessment  Suspected mold growth in the building. Inspector’s Visual Inspection Unit B-1       Strong sewer odor upon entry into building. Active leak from completely disconnected plumbing drain line from unit above. Extensive mold growth on walls and ceilings of unit. Water intrusion through foundation walls noted. Extensive water damage to interior building materials (ceiling collapsed). Large holes in walls exposing cavity under building. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 7 of 64 Desc Exhibit Basement  Extensive water damage of ceiling materials.  Visible mold growth on water damaged materials.  Evidence of water intrusion (concrete floor is wet). Common Hallway  Visible mold growth on walls. Non-Viable Microbial Sampling Non-viable air and surface samples were collected to further assess the conditions and to confirm and identify the presence of fungal organisms. Samples were delivered to Aerobiology Laboratory Associates, Inc. of Dulles, Virginia for analysis. Fungal analysis was performed by a Certified Microbiologist using direct microscopic examination to identify fungal groups and concentrations. Conclusion Fungal growth is evident (see lab results) in all areas of the building. Testing and analysis results verify highly elevated spore counts of Ascospores, Cladosporium, Penicillium/Aspergillus, Dicyma, Stachybotrys and Hyphal Elements. It’s been determined that the extensive mold growth in unit B-1 is due to chronic water intrusion events to include active seepage through the below grade foundation walls and a completely disconnected plumbing drain line. It’s been confirmed that all ceiling and wall cavities of unit B-1 are impacted with mold growth. Based on the visual inspection, moisture mapping, thermal imaging and sampling, it’s been determined that 100% of remaining wall and ceiling material in unit B-1 are impacted with mold growth. The extensive mold growth and water intrusion in unit B-1 is negatively impacting the air quality of all areas of the building to include common areas and units. Water intrusion into the basement area of the building is also contributing to the building’s mold contamination. During the inspection, there was an ongoing attempt to seal/block multiple unit’s doors with OSB wood panels which in turn prevented access to those units for inspection. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 8 of 64 Desc Exhibit Recommendations Remedial actions should strictly follow industry accepted practices and procedures for fungal abatement. At present there are District of Columbia Government regulations in place to regulate the removal of mold/bacteria and/or what are permissible levels. Mold is commonly found outside but can also become a contaminant once inside a building environment. Molds can potentially produce allergenic reactions to certain people when exposed to them. Every remediation site is different and different protocol and methods may need to apply. You the home or building owner should be informed of progress as an ongoing dialog. The purpose of mold remediation is to remove contaminated materials and remedy the source(s) of moisture. The procedures in this document are ones that are found in industry recognized documents and/or the best practices deemed by Arrowhead Consulting Inc. Since mold requires water and/or high humidity to grow, Arrowhead Consulting Inc. cannot be responsible for future changes in the environment. It is important to fix the moisture problem that caused the microbial growth so that it does not re-occur. Arrowhead Consulting Inc. does not guarantee or warranty against any future re-occurrence. We guarantee that the procedures outlined in this document are the industry standards (or better) at the time of the issuance of this document. MSDS sheets should be made available for all products used and OSHA mandated work practices need to be followed. Insurances, Certifications, Licenses, and References should be made available for your inspection at any time. The information regarding the health significance of mold types contained in this report is for informational purposes only and should not be used to replace professional medical advice. This information should not be considered complete, nor should it be relied on in diagnosing or treating a medical condition. Content in this report does not contain information on all diseases, ailments, physical conditions or their treatment. It is best to seek advice and attention from your physician or qualified healthcare professional Sincerely, William R. Spearman CIE, CMRS Arrowhead Consulting Inc. DC Mold Assessor License # MA-2016-I-01 Board Certified Indoor Environmentalist Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 9 of 64 Appendix A Certificates of Laboratory Analysis Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 10 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 11 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 12 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 13 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 14 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 15 of 64 Desc Exhibit Appendix B Remediation Specifications Remediation guidelines are generated by Arrowhead Consulting Inc. at the request of and for the exclusive use of the Office of the Attorney General for the District of Columbia. Copies of same will not be released by Arrowhead Consulting Inc. to any third party without the prior express written consent from the client named in this report. This report applies only to those conditions provided for the time, place and location referenced in this report. This report makes no express or implied warranty or guarantee as to the implementation methodology used by the client. Arrowhead Consulting Inc. is not able to assess the degree of hazard resulting from implementation of these guidelines, or from personal exposure to mold. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 16 of 64 Desc Exhibit Affected Area(s)  Entire Building Remediation Specifications     Personnel performing remediation or cleaning of fungal contamination may be at risk for developing Organic Toxic Dust Syndrome (OTDS) or Hypersensitivity Pneumonitis. OTDS may occur after a single heavy exposure to fungi-contaminated dust. All personnel must utilize appropriate personal protection (PPE) in the form of approved respirators, eye protection and protective clothing and gloves. Use of these measures should be restricted to those trained in their proper use. Use of Anti-Microbial solutions must be limited to properly ventilated areas. Do not combine chemicals as improper mixing may produce poisonous gasses. Remediation efforts should carefully follow the following documents: IICRC S520, EPA Mold Remediation in Commercial Buildings and Schools and New York City Standards for Mold Remediation. These Microbial Remediation Specifications do not address any other potential environmental hazards other than mold that might be present in the referenced property and only pertains to those areas included in the assessment and the data provide regarding those areas. Consideration for potential exposure to environmental hazards whether through implementation of these guidelines or any other activity taking place in the property must be evaluated. Scope of Remediation 1. For cleaning, studs, floor plates (structural materials etc.) should be sanded and/or brushed (as required) to remove any fungi. Once the cleaning process is complete, the surfaces may be treated with an anti-microbial biocide compound to prevent further growth and kill any remaining spores. If the use of anti-microbial biocide is required, prior approval for application should be documented in writing and signed by a remediation company representative and all home/building owner(s). Material Safety Data Sheets (MSDS) describing the compound and its risks should be provided to all occupants. 2. Repairs to any leak(s) and/or sources(s) of water intrusion must be remedied prior to the Post Remediation Verification Inspection. The remediation process will end when the project has been successful in returning the contaminated areas back to normal fungal ecology and all sources of moisture have been remedied. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 17 of 64 Desc Exhibit Demolition Removal and disposal of contaminated materials according to accepted industry standards.  All impacted wall and ceiling materials.  All impacted vanities, cabinets, countertops.  All carpet and padding. Cleaning & Treatment Cleaning and treatment of remaining building materials.  Brushing and/or wiping all exposed framing to remove fungal growth.  Treatment of exposed framing with an anti-microbial solution.  Cleaning and treatment of Hvac systems, coils, plenums and ducts.  Final Hepa-vacuuming and detailed cleaning of all surfaces prior to PRV inspection. Post-abatement Sampling 1. It is required that non-viable spore trap and swab/tape sampling mirroring the initial series of tests take place for clearance. Arrowhead Consulting Inc. is required to provide this post remediation clearance testing. Once the sampling is analyzed, and the project passes the Post Remediation Verification (PRV), Arrowhead Consulting Inc. will provide a PRV Report and Laboratory Analysis Results. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 18 of 64 Appendix C Photos Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 19 of 64 Desc Exhibit Heavy mold growth on living room ceiling (Unit B-1) Mold growth on living room walls (Unit B-1) Living room ceiling collapsed (water damage) (Unit B-1) Standing water from active drain leak (Unit B-1) Location of disconnected drain line (Unit B-1) Thermal Image of active water intrusion in unit B-1 through the foundation wall (blue area) Report developed and generated by William R. Spearman CIE, AMRT, WRT, CMRS C-1 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 20 of 64 Desc Exhibit Standing water from disconnected drain line (red area due to hot water from unit above) Ceiling collapsed due to water intrusion (Basement) Visible mold growth on walls (Common Hallway) Wet concrete floor (Basement) Report developed and generated by William R. Spearman CIE, AMRT, WRT, CMRS C-2 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 21 of 64 Desc Exhibit Remediation Scope of Work & Laboratory Analysis Results 3371 23rd Street SE Washington, DC 20020 A Service Provided by Arrowhead Consulting Inc. P.O. Box 217 Broad Run, Virginia 20137 240-832-5900 PETI TI ONER’ S EXHI BI T 2 D. C.v .Ter r aceManor ,LLC,etal . 2016CA77672 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 22 of 64 Office of the Attorney General for the District of Columbia 441 4th Street NW 1060 North Washington, DC 20001 Desc Exhibit 04/22/2017 Re: 3371 23rd Street SE Ms. Lewis, Arrowhead Consulting Inc. conducted a mold inspection on 04/20/2017 at the above referenced property. This inspection was conducted to gather data for the assessment of potential mold growth within the building, moisture level evaluation of building materials, as well as the formation of a Microbial Remediation Scope of Work. Non-viable air and surface samples were taken during this inspection and are included in Appendix A. Non-viable samples are not cultured (grown), the spores are identified by size, shape, color and structure. Culturing is used for the identification of the actual strain of each type of mold which is not necessary to identify mold contamination issues within a building. Client Provided Information The following information was reported by the client at the time of this assessment  Suspected mold growth in the building. Inspector’s Visual Inspection Unit 102   Prior water event into the unit. Prior remediation attempt in unit. Basement  Visible mold growth on OSB wood panels covering doorway.  Evidence of water intrusion (concrete floor is wet). Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 23 of 64 Desc Exhibit Non-Viable Microbial Sampling Non-viable air and surface samples were collected to further assess the conditions and to confirm and identify the presence of fungal organisms. Samples were delivered to Aerobiology Laboratory Associates, Inc. of Dulles, Virginia for analysis. Fungal analysis was performed by a Certified Microbiologist using direct microscopic examination to identify fungal groups and concentrations. Conclusion Fungal growth is evident (see lab results) in the inspected areas of the building. Testing and analysis results verify highly elevated spore counts of Penicillium/Aspergillus, Stachybotrys and Hyphal Elements. It’s been determined that the extensive mold growth in unit 102 is due to an improper/incomplete remediation attempt. The laboratory results confirm that the bedroom, closet and living room ceiling cavities of unit 102 are heavily impacted with mold growth. The extensive mold growth in unit 102 is negatively impacting the air quality of all areas of the unit. The mold growth on the OSB wood panels covering the basement doorway is verification that the basement areas of the building are impacted with mold growth. During the inspection, there was an ongoing attempt to seal/block multiple unit’s doors with OSB wood panels which in turn prevented access to those units for inspection. Recommendations Remedial actions should strictly follow industry accepted practices and procedures for fungal abatement. At present there are District of Columbia Government regulations in place to regulate the removal of mold/bacteria and/or what are permissible levels. Mold is commonly found outside but can also become a contaminant once inside a building environment. Molds can potentially produce allergenic reactions to certain people when exposed to them. Every remediation site is different and different protocol and methods may need to apply. You the home or building owner should be informed of progress as an ongoing dialog. The purpose of mold remediation is to remove contaminated materials and remedy the source(s) of moisture. The procedures in this document are ones that are found in industry recognized documents and/or the best practices deemed by Arrowhead Consulting Inc. Since mold requires water and/or high humidity to grow, Arrowhead Consulting Inc. cannot be responsible for future changes in the environment. It is important to fix the moisture problem that caused the microbial growth so that it does not re-occur. Arrowhead Consulting Inc. does not guarantee or warranty against any future re-occurrence. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 24 of 64 Desc Exhibit We guarantee that the procedures outlined in this document are the industry standards (or better) at the time of the issuance of this document. MSDS sheets should be made available for all products used and OSHA mandated work practices need to be followed. Insurances, Certifications, Licenses, and References should be made available for your inspection at any time. The information regarding the health significance of mold types contained in this report is for informational purposes only and should not be used to replace professional medical advice. This information should not be considered complete, nor should it be relied on in diagnosing or treating a medical condition. Content in this report does not contain information on all diseases, ailments, physical conditions or their treatment. It is best to seek advice and attention from your physician or qualified healthcare professional Sincerely, William R. Spearman CIE, CMRS Arrowhead Consulting Inc. DC Mold Assessor License # MA-2016-I-01 Board Certified Indoor Environmentalist Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 25 of 64 Appendix A Certificates of Laboratory Analysis Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 26 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 27 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 28 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 29 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 30 of 64 Desc Exhibit Appendix B Remediation Specifications Remediation guidelines are generated by Arrowhead Consulting Inc. at the request of and for the exclusive use of the Office of the Attorney General for the District of Columbia. Copies of same will not be released by Arrowhead Consulting Inc. to any third party without the prior express written consent from the client named in this report. This report applies only to those conditions provided for the time, place and location referenced in this report. This report makes no express or implied warranty or guarantee as to the implementation methodology used by the client. Arrowhead Consulting Inc. is not able to assess the degree of hazard resulting from implementation of these guidelines, or from personal exposure to mold. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 31 of 64 Desc Exhibit Affected Area(s)  Entire Building Remediation Specifications     Personnel performing remediation or cleaning of fungal contamination may be at risk for developing Organic Toxic Dust Syndrome (OTDS) or Hypersensitivity Pneumonitis. OTDS may occur after a single heavy exposure to fungi-contaminated dust. All personnel must utilize appropriate personal protection (PPE) in the form of approved respirators, eye protection and protective clothing and gloves. Use of these measures should be restricted to those trained in their proper use. Use of Anti-Microbial solutions must be limited to properly ventilated areas. Do not combine chemicals as improper mixing may produce poisonous gasses. Remediation efforts should carefully follow the following documents: IICRC S520, EPA Mold Remediation in Commercial Buildings and Schools and New York City Standards for Mold Remediation. These Microbial Remediation Specifications do not address any other potential environmental hazards other than mold that might be present in the referenced property and only pertains to those areas included in the assessment and the data provide regarding those areas. Consideration for potential exposure to environmental hazards whether through implementation of these guidelines or any other activity taking place in the property must be evaluated. Scope of Remediation 1. For cleaning, studs, floor plates (structural materials etc.) should be sanded and/or brushed (as required) to remove any fungi. Once the cleaning process is complete, the surfaces may be treated with an anti-microbial biocide compound to prevent further growth and kill any remaining spores. If the use of anti-microbial biocide is required, prior approval for application should be documented in writing and signed by a remediation company representative and all home/building owner(s). Material Safety Data Sheets (MSDS) describing the compound and its risks should be provided to all occupants. 2. Repairs to any leak(s) and/or sources(s) of water intrusion must be remedied prior to the Post Remediation Verification Inspection. The remediation process will end when the project has been successful in returning the contaminated areas back to normal fungal ecology and all sources of moisture have been remedied. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 32 of 64 Desc Exhibit Demolition Removal and disposal of contaminated materials according to accepted industry standards.  All impacted wall and ceiling materials.  All impacted vanities, cabinets, countertops.  All carpet and padding. Cleaning & Treatment Cleaning and treatment of remaining building materials.  Brushing and/or wiping all exposed framing to remove fungal growth.  Treatment of exposed framing with an anti-microbial solution.  Cleaning and treatment of Hvac systems, coils, plenums and ducts.  Final Hepa-vacuuming and detailed cleaning of all surfaces prior to PRV inspection. Post-abatement Sampling 1. It is required that non-viable spore trap and swab/tape sampling mirroring the initial series of tests take place for clearance. Arrowhead Consulting Inc. is required to provide this post remediation clearance testing. Once the sampling is analyzed, and the project passes the Post Remediation Verification (PRV), Arrowhead Consulting Inc. will provide a PRV Report and Laboratory Analysis Results. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 33 of 64 Appendix C Photos Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 34 of 64 Mold growth painted over in basement Report developed and generated by William R. Spearman CIE, AMRT, WRT, CMRS Desc Exhibit Mold growth on OSB wood panel covering basement doorframe C-1 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 35 of 64 Desc Exhibit Remediation Scope of Work & Laboratory Analysis Results 3373 23rd Street SE Washington, DC 20020 A Service Provided by Arrowhead Consulting Inc. P.O. Box 217 Broad Run, Virginia 20137 240-832-5900 PETI TI ONER’ S EXHI BI T 3 D. C.v .Ter r aceManor ,LLC,etal . 2016CA77672 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 36 of 64 Office of the Attorney General for the District of Columbia 441 4th Street NW 1060 North Washington, DC 20001 Desc Exhibit 04/22/2017 Re: 3373 23rd Street SE Ms. Lewis, Arrowhead Consulting Inc. conducted a mold inspection on 04/20/2017 at the above referenced property. This inspection was conducted to gather data for the assessment of potential mold growth within the building, moisture level evaluation of building materials, as well as the formation of a Microbial Remediation Scope of Work. Non-viable air and surface samples were taken during this inspection and are included in Appendix A. Non-viable samples are not cultured (grown), the spores are identified by size, shape, color and structure. Culturing is used for the identification of the actual strain of each type of mold which is not necessary to identify mold contamination issues within a building. Client Provided Information The following information was reported by the client at the time of this assessment  Suspected mold growth in the building. Inspector’s Visual Inspection Unit 101     Visible mold growth in kitchen area wall cavities. Visible mold growth on bedroom walls. Evidence of prior water events in the unit. Water damage to interior building materials. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 37 of 64 Desc Exhibit Basement  Mold growth painted over on ceiling in basement hallway.  Mold growth on OSB wood panels covering both basement door frames. Non-Viable Microbial Sampling Non-viable air and surface samples were collected to further assess the conditions and to confirm and identify the presence of fungal organisms. Samples were delivered to Aerobiology Laboratory Associates, Inc. of Dulles, Virginia for analysis. Fungal analysis was performed by a Certified Microbiologist using direct microscopic examination to identify fungal groups and concentrations. Conclusion Fungal growth is evident (see lab results) in all areas of the building. Testing and analysis verify highly elevated spore counts of Chaetomium, Colorless, Clear Brown, Penicillium/Aspergillus, Stachybotrys and Hyphal Elements. It’s been determined that the extensive mold growth in unit 101 is due to chronic water intrusion. It’s been confirmed that ceiling and wall cavities of unit 101 are heavily impacted with mold growth. Based on the visual inspection, moisture mapping, thermal imaging and sampling, it’s been determined that a majority of remaining wall and ceiling material in unit 101 are impacted with mold growth. The extensive mold growth in unit 101 is negatively impacting the air quality of all areas of the unit. Mold growth in the basement area of the building is also contributing to the building’s mold contamination and negatively impacted air quality. During the inspection, there was an ongoing attempt to seal/block multiple unit’s doors with OSB wood panels which in turn prevented access to those units for inspection. Recommendations Remedial actions should strictly follow industry accepted practices and procedures for fungal abatement. At present there are District of Columbia Government regulations in place to regulate the removal of mold/bacteria and/or what are permissible levels. Mold is commonly found outside but can also become a contaminant once inside a building environment. Molds can potentially produce allergenic reactions to certain people when exposed to them. Every remediation site is different and different protocol and methods may need to apply. You the home or building owner should be informed of progress as an ongoing dialog. The purpose of mold remediation is to remove contaminated materials and remedy the source(s) of moisture. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 38 of 64 Desc Exhibit The procedures in this document are ones that are found in industry recognized documents and/or the best practices deemed by Arrowhead Consulting Inc. Since mold requires water and/or high humidity to grow, Arrowhead Consulting Inc. cannot be responsible for future changes in the environment. It is important to fix the moisture problem that caused the microbial growth so that it does not re-occur. Arrowhead Consulting Inc. does not guarantee or warranty against any future re-occurrence. We guarantee that the procedures outlined in this document are the industry standards (or better) at the time of the issuance of this document. MSDS sheets should be made available for all products used and OSHA mandated work practices need to be followed. Insurances, Certifications, Licenses, and References should be made available for your inspection at any time. The information regarding the health significance of mold types contained in this report is for informational purposes only and should not be used to replace professional medical advice. This information should not be considered complete, nor should it be relied on in diagnosing or treating a medical condition. Content in this report does not contain information on all diseases, ailments, physical conditions or their treatment. It is best to seek advice and attention from your physician or qualified healthcare professional Sincerely, William R. Spearman CIE, CMRS Arrowhead Consulting Inc. DC Mold Assessor License # MA-2016-I-01 Board Certified Indoor Environmentalist Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 39 of 64 Appendix A Certificates of Laboratory Analysis Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 40 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 41 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 42 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 43 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 44 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 45 of 64 Desc Exhibit Appendix B Remediation Specifications Remediation guidelines are generated by Arrowhead Consulting Inc. at the request of and for the exclusive use of the Office of the Attorney General for the District of Columbia. Copies of same will not be released by Arrowhead Consulting Inc. to any third party without the prior express written consent from the client named in this report. This report applies only to those conditions provided for the time, place and location referenced in this report. This report makes no express or implied warranty or guarantee as to the implementation methodology used by the client. Arrowhead Consulting Inc. is not able to assess the degree of hazard resulting from implementation of these guidelines, or from personal exposure to mold. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 46 of 64 Desc Exhibit Affected Area(s)  Entire Building Remediation Specifications     Personnel performing remediation or cleaning of fungal contamination may be at risk for developing Organic Toxic Dust Syndrome (OTDS) or Hypersensitivity Pneumonitis. OTDS may occur after a single heavy exposure to fungi-contaminated dust. All personnel must utilize appropriate personal protection (PPE) in the form of approved respirators, eye protection and protective clothing and gloves. Use of these measures should be restricted to those trained in their proper use. Use of Anti-Microbial solutions must be limited to properly ventilated areas. Do not combine chemicals as improper mixing may produce poisonous gasses. Remediation efforts should carefully follow the following documents: IICRC S520, EPA Mold Remediation in Commercial Buildings and Schools and New York City Standards for Mold Remediation. These Microbial Remediation Specifications do not address any other potential environmental hazards other than mold that might be present in the referenced property and only pertains to those areas included in the assessment and the data provide regarding those areas. Consideration for potential exposure to environmental hazards whether through implementation of these guidelines or any other activity taking place in the property must be evaluated. Scope of Remediation 1. For cleaning, studs, floor plates (structural materials etc.) should be sanded and/or brushed (as required) to remove any fungi. Once the cleaning process is complete, the surfaces may be treated with an anti-microbial biocide compound to prevent further growth and kill any remaining spores. If the use of anti-microbial biocide is required, prior approval for application should be documented in writing and signed by a remediation company representative and all home/building owner(s). Material Safety Data Sheets (MSDS) describing the compound and its risks should be provided to all occupants. 2. Repairs to any leak(s) and/or sources(s) of water intrusion must be remedied prior to the Post Remediation Verification Inspection. The remediation process will end when the project has been successful in returning the contaminated areas back to normal fungal ecology and all sources of moisture have been remedied. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 47 of 64 Desc Exhibit Demolition Removal and disposal of contaminated materials according to accepted industry standards.  All impacted wall and ceiling materials.  All impacted vanities, cabinets, countertops.  All carpet and padding. Cleaning & Treatment Cleaning and treatment of remaining building materials.  Brushing and/or wiping all exposed framing to remove fungal growth.  Treatment of exposed framing with an anti-microbial solution.  Cleaning and treatment of Hvac systems, coils, plenums and ducts.  Final Hepa-vacuuming and detailed cleaning of all surfaces prior to PRV inspection. Post-abatement Sampling 1. It is required that non-viable spore trap and swab/tape sampling mirroring the initial series of tests take place for clearance. Arrowhead Consulting Inc. is required to provide this post remediation clearance testing. Once the sampling is analyzed, and the project passes the Post Remediation Verification (PRV), Arrowhead Consulting Inc. will provide a PRV Report and Laboratory Analysis Results. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 48 of 64 Appendix C Photos Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 49 of 64 Desc Exhibit Water damaged area of kitchen (Unit 101) Mold growth on kitchen walls (Unit 101) Living room wall water damaged (Unit 101) Mold growth on bedroom walls (Unit 101) Mold growth painted over on basement ceiling (Basement) Mold growth on OSB wood panels covering basement door frames Report developed and generated by William R. Spearman CIE, AMRT, WRT, CMRS C-1 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 50 of 64 Desc Exhibit Remediation Scope of Work & Laboratory Analysis Results 2270 Savannah Street SE Washington, DC 20020 A Service Provided by Arrowhead Consulting Inc. P.O. Box 217 Broad Run, Virginia 20137 240-832-5900 PETI TI ONER’ S EXHI BI T 4 D. C.v .Ter r aceManor ,LLC,etal . 2016CA77672 Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 51 of 64 Office of the Attorney General for the District of Columbia 441 4th Street NW 1060 North Washington, DC 20001 Desc Exhibit 04/22/2017 Re: 2270 Savannah Street SE Ms. Lewis, Arrowhead Consulting Inc. conducted a mold inspection on 04/20/2017 at the above referenced property. This inspection was conducted to gather data for the assessment of potential mold growth within the building, moisture level evaluation of building materials, as well as the formation of a Microbial Remediation Scope of Work. Non-viable air and surface samples were taken during this inspection and are included in Appendix A. Non-viable samples are not cultured (grown), the spores are identified by size, shape, color and structure. Culturing is used for the identification of the actual strain of each type of mold which is not necessary to identify mold contamination issues within a building. Client Provided Information The following information was reported by the client at the time of this assessment  Suspected mold growth in the building. Inspector’s Visual Inspection Unit 102    Extensive mold growth on walls of utility closet in unit. Water damage to interior walls of utility closet in unit. Large holes in walls exposing cavity under building. Common Hallway  Visible mold growth on top and sides of unit 101 door frame in hallway. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 52 of 64 Desc Exhibit Non-Viable Microbial Sampling Non-viable air and surface samples were collected to further assess the conditions and to confirm and identify the presence of fungal organisms. Samples were delivered to Aerobiology Laboratory Associates, Inc. of Dulles, Virginia for analysis. Fungal analysis was performed by a Certified Microbiologist using direct microscopic examination to identify fungal groups and concentrations. Conclusion Fungal growth is evident (see lab results) in all areas of the building. Testing and analysis results verify highly elevated spore counts of Cladosporium, Penicillium/Aspergillus, Stachybotrys and Hyphal Elements. It’s been determined that the extensive mold growth in unit 102 is due to chronic water intrusion events in the utility closet. It’s been confirmed that adjoining wall cavities of the utility closet are impacted with mold growth. Based on the visual inspection, moisture mapping, thermal imaging and sampling, it’s been determined that the building materials and air quality of unit 102 is significantly impacted with mold growth and airborne mold spores. The mold growth on the door frame of unit 101 is evidence that the unit itself is heavily impacted with mold growth. Mold growth issues in the units are negatively impacting the air quality of all areas of the building. During the inspection, there was an ongoing attempt to seal/block multiple unit’s doors with OSB wood panels which in turn prevented access to those units for inspection. Recommendations Remedial actions should strictly follow industry accepted practices and procedures for fungal abatement. At present there are District of Columbia Government regulations in place to regulate the removal of mold/bacteria and/or what are permissible levels. Mold is commonly found outside but can also become a contaminant once inside a building environment. Molds can potentially produce allergenic reactions to certain people when exposed to them. Every remediation site is different and different protocol and methods may need to apply. You the home or building owner should be informed of progress as an ongoing dialog. The purpose of mold remediation is to remove contaminated materials and remedy the source(s) of moisture. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 53 of 64 Desc Exhibit The procedures in this document are ones that are found in industry recognized documents and/or the best practices deemed by Arrowhead Consulting Inc. Since mold requires water and/or high humidity to grow, Arrowhead Consulting Inc. cannot be responsible for future changes in the environment. It is important to fix the moisture problem that caused the microbial growth so that it does not re-occur. Arrowhead Consulting Inc. does not guarantee or warranty against any future re-occurrence. We guarantee that the procedures outlined in this document are the industry standards (or better) at the time of the issuance of this document. MSDS sheets should be made available for all products used and OSHA mandated work practices need to be followed. Insurances, Certifications, Licenses, and References should be made available for your inspection at any time. The information regarding the health significance of mold types contained in this report is for informational purposes only and should not be used to replace professional medical advice. This information should not be considered complete, nor should it be relied on in diagnosing or treating a medical condition. Content in this report does not contain information on all diseases, ailments, physical conditions or their treatment. It is best to seek advice and attention from your physician or qualified healthcare professional Sincerely, William R. Spearman CIE, CMRS Arrowhead Consulting Inc. DC Mold Assessor License # MA-2016-I-01 Board Certified Indoor Environmentalist Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 54 of 64 Appendix A Certificates of Laboratory Analysis Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 55 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 56 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 57 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 58 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 59 of 64 Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 60 of 64 Desc Exhibit Appendix B Remediation Specifications Remediation guidelines are generated by Arrowhead Consulting Inc. at the request of and for the exclusive use of the Office of the Attorney General for the District of Columbia. Copies of same will not be released by Arrowhead Consulting Inc. to any third party without the prior express written consent from the client named in this report. This report applies only to those conditions provided for the time, place and location referenced in this report. This report makes no express or implied warranty or guarantee as to the implementation methodology used by the client. Arrowhead Consulting Inc. is not able to assess the degree of hazard resulting from implementation of these guidelines, or from personal exposure to mold. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 61 of 64 Desc Exhibit Affected Area(s)  Entire Building Remediation Specifications     Personnel performing remediation or cleaning of fungal contamination may be at risk for developing Organic Toxic Dust Syndrome (OTDS) or Hypersensitivity Pneumonitis. OTDS may occur after a single heavy exposure to fungi-contaminated dust. All personnel must utilize appropriate personal protection (PPE) in the form of approved respirators, eye protection and protective clothing and gloves. Use of these measures should be restricted to those trained in their proper use. Use of Anti-Microbial solutions must be limited to properly ventilated areas. Do not combine chemicals as improper mixing may produce poisonous gasses. Remediation efforts should carefully follow the following documents: IICRC S520, EPA Mold Remediation in Commercial Buildings and Schools and New York City Standards for Mold Remediation. These Microbial Remediation Specifications do not address any other potential environmental hazards other than mold that might be present in the referenced property and only pertains to those areas included in the assessment and the data provide regarding those areas. Consideration for potential exposure to environmental hazards whether through implementation of these guidelines or any other activity taking place in the property must be evaluated. Scope of Remediation 1. For cleaning, studs, floor plates (structural materials etc.) should be sanded and/or brushed (as required) to remove any fungi. Once the cleaning process is complete, the surfaces may be treated with an anti-microbial biocide compound to prevent further growth and kill any remaining spores. If the use of anti-microbial biocide is required, prior approval for application should be documented in writing and signed by a remediation company representative and all home/building owner(s). Material Safety Data Sheets (MSDS) describing the compound and its risks should be provided to all occupants. 2. Repairs to any leak(s) and/or sources(s) of water intrusion must be remedied prior to the Post Remediation Verification Inspection. The remediation process will end when the project has been successful in returning the contaminated areas back to normal fungal ecology and all sources of moisture have been remedied. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 62 of 64 Desc Exhibit Demolition Removal and disposal of contaminated materials according to accepted industry standards.  All impacted wall and ceiling materials.  All impacted vanities, cabinets, countertops.  All carpet and padding. Cleaning & Treatment Cleaning and treatment of remaining building materials.  Brushing and/or wiping all exposed framing to remove fungal growth.  Treatment of exposed framing with an anti-microbial solution.  Cleaning and treatment of Hvac systems, coils, plenums and ducts.  Final Hepa-vacuuming and detailed cleaning of all surfaces prior to PRV inspection. Post-abatement Sampling 1. It is required that non-viable spore trap and swab/tape sampling mirroring the initial series of tests take place for clearance. Arrowhead Consulting Inc. is required to provide this post remediation clearance testing. Once the sampling is analyzed, and the project passes the Post Remediation Verification (PRV), Arrowhead Consulting Inc. will provide a PRV Report and Laboratory Analysis Results. Report developed and generated by William R. Spearman CIE, AMRT Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 63 of 64 Appendix C Photos Report developed and generated by William R. Spearman CIE, AMRT Desc Exhibit Case 17-00175 Doc 68-1 Filed 04/27/17 Entered 04/27/17 18:33:57 Exhibit A - Report Page 64 of 64 Desc Exhibit Heavy mold growth on utility closet walls (Unit 102) Water damaged wall materials in utility closet (Unit 102) Mold growth on door frame (Unit 101 Common Hallway) Mold growth on top of door frame (Unit 101 Common Hallway) Report developed and generated by William R. Spearman CIE, AMRT, WRT, CMRS C-1