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Cmsolida-tza' .~ 000 fl' OILI ~g2/'l/%C2g, l`1C. INDOOR AIR QUALITY LIABILITY Indianapolis, Indiana March 22, 1991 1-800-888-4612 (703) 691-4612 FAX: (703) 691-4615 10461 White Granite Dr., Suite 205, Oakton, VA 22124

This report is based on presentations given by speakers at "Indoor Air Quality Liability," a seminar presented in Indianapolis, Indiana on March 22, 1991. It was attended by ten architects, engineers and lawyers. This seminar was attended by Nancy Stone of Consolidated Safety Services, Inc. This seminar was put on by David Solberg, P.E. who is a mechanical engineer having expertise in HVAC controls and an interest in IAQ issues. His topic was "Minimizing Indoor Air Quality Liability by Direct Control of Outdoor Ventilation Air." Mr. Solberg gave an overview of indoor air quality problems in office buildings in the United States, starting with the energy crisis in the 1970s. His presentation emphasized the importance of proper design, installation and maintenance of HVAC systems in large office buildings and the necessity for ensuring that the system is working properly at the time the building is commissioned. Subsequent renovation and redistribution of office space within the building can sabotage even a properly functioning system, much less one that was inadequate from the beginning. ASHRAE Standard 62-1989 was discussed as a starting point for ventilation design with an emphasis on supplemental air flow if significant quantities of pollutants are generated in the building. ETS was not specifically mentioned. Earon S. Davis, J.D., M.P.H. an environmental health consultant, gave a presentation entitled "Liability of Owners, Architects and Engineers for Indoor Air Quality." Mr. Davis gave an interesting presentation that lasted for most of the day, that was intended for design and construction professionals responsible for building ventilation systems. Different theories of liability were discussed including professional malpractice, negligence, breach of contract, product liability, warranty and workers' compensation. It was recommended that architects and engineers try to limit their liability by specifying low emission building materials and furnishings and that IAQ be tested prior to occupancy to ensure that ventilation systems are working properly. Building owners were cautioned that a substantial amount of IAQ litigation is initiated because building owners do not appear to be responsive to occupant indoor air quality complaints. While IAQ investigations can be complex and solutions hard to find, a good faith effort on the part of the building owner seems to forestall litigation by tenants. If basic remedial measures such as increasing fresh air intake or separating exhausts and intakes do not solve the problem, then economic considerations will dictate whether extensive remedial work is cost effective. Mr. Davis reviewed some of the recent IAQ litigation that has been reported in the popular press, drawing the conclusion that the law is still very unsettled. He did go on to say that the plaintiffs' bar is starting to regard IAQ litigation as being analogous to asbestos cases several years ago. He felt that a few cases where there were significant jury awards could open the floodgate of such litigation. Mr. Davis recommended that smoking bans be instituted by employers and building owners to eliminate at least one pollutant, ETS from the indoor air of office buildings. The participants in the class did not agree with this

philosophy though, citing employee discontent and avoidance of the real problem: inadequate ventilation. The consensus of opinion was that if adequate ventilation were designed, installed and maintained in commercial buildings, that point source contaminant control would be unnecessary. The final presentation was made by John Bower, a consultant specializing in the design and construction of non-toxic homes. His presentation focused on the selection and use of non-toxic building materials and furnishings in homes built for people suffering from multiple chemical sensitivities. ETS was not discussed.