Local Health Officer Training

Section 5: Solving the Problem

Mold at the Old Turner Place Case

Prepare Before You Act

  1. Write down, in your notebook, all the relevant information from the complainant. It is important to maintain records for future reference and in case you need the information for legal reasons.  Once the person making the complaint furnishes the information and you have asked appropriate follow-up questions, end your interview and verify you have all necessary contact information.  For example you would ask for the caller's name, address and telephone number, if you plan to make a site visit.
  2. Stay professional: since complaints may be due to disputes or misunderstandings, do not choose sides or give the appearance of choosing sides.
  3. Do not promise anything to anyone.

Always be prepared when investigating a problem. Do your homework!

The next step is to review the LHO manual and relevant Maine statutes that specifically apply to the resolution of the mold problem.

  • Determine whether the Maine statutes provide a procedure, penalty, or other remedy.
  • Contact your town's building inspector (Code Enforcement Officer /CEO) to discuss the complaint and your intention to visit the property to verify the complaint. Other contacts include the town manager, office of the town manager
  • Ask the CEO to accompany you when you visit the property. The reasons: The CEO can provide technical advice, evaluate the situation and can verify what was said during the interviews.
  • Next, contact the residence and set up an appointment.

Title 17 M.R.S.A.  §2853, authorizes the municipality to order a nuisance abated. This municipality's order should be signed by the LHO and the Select Board/City Manager. If no appeal is filed by the person creating the nuisance, municipal officers can have the nuisance abated or removed.   The owner may have to repay the municipality costs or the municipality can assess a special tax.

In this case of mold, you can also reference other informational material or your contact resources.  One such reference is the US Environmental Protection Agency's web site https://www.epa.gov/mold/moldcourse/.

 

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