The Florida “M-Word” – Legal Boundaries & Tech Communication – Short #299

In this short podcast episode, Bryan and Roman talk about Florida law and how it relates to the “M-word” (mold) and the legal boundaries our techs must respect when they communicate with customers. HVAC School and Kalos are NOT mold experts, but we have experience as HVAC professionals who encounter suspicious microbial growth in our market (and cannot diagnose or remediate mold).

We cannot use the word “mold” because “mold” MUST be diagnosed by a certified mold assessor via laboratory testing according to Florida law. A guess based on sight does NOT qualify as a diagnosis; it is the equivalent of diagnosing a compressor failure as acid contamination without a test that proves the presence of acid. Residential property owners, however, are allowed to identify, remediate, and speak freely about mold in their own homes (which Roman can do because he hired mold assessors and remediators in his home).

Florida limits HVAC contractors from diagnosing mold (or removing more than 10 contiguous square feet while removing, maintaining, or installing equipment) to prevent scare tactics in sales, such as by diagnosing “toxic mold” in a drain, or to sweep larger problems under the rug. There are also many different mold types that have specific characteristics that can only be identified by an assessor; HVAC contractors are not trained to recognize those. However, mold is part of our work whenever we clean coils, HVAC units distribute air (which contains mold spores from outside), and we manage moisture (which contributes to fungal growth).

Mold assessors also have specific diagnostic tools and send lab samples. HVAC contractors don’t have those resources, training, or certification. As HVAC contractors, need to be educated on mold, but we also need to understand our limitations; we can’t diagnose it or make decisions for customers.

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