Black mold (Stachybotrys chartarum or S. chartarum) is a fungus that can mess with your health if you have mold allergies or a compromised immune system. It grows and spreads on material with a lot of cellulose - like wood and paper products and drywall. It needs moisture, oxygen and warm temperatures, as typically found in bathrooms and kitchens. So, when you hear about sites with mold needing to be cleaned up, it's natural to think about places where people live. And that's why Sacramento County's code enforcement program has targeted residences.

Yet mold has never confined itself to residential real estate. That's a reason why the state passed a public health law last year - Senate Bill 1465, Chaptered as Chapter 487, Statutes of 2024, signed by the Governor on 9/22/2024 -   that stipulated the need to control mold regardless of the underlying zoning of a structure. The law went into effect in January 2025. Local enforcement agencies - cities and counties - are slowly becoming familiar with the new rules. So it has been no surprise that Sacramento County officials have been reluctant to engage now that it has become known that there is a black mold problem at Country Club Plaza. That's where the guy seeking to open a laundry business has determined he cannot do so due to black mold contamination. He has instead brought suit against the mall's owners and their property manager. Not wanting to be dragged into the lawsuit, the County has insisted that  it has no responsibility over mold problems that happen in commercial property.

Back in early August, the office of Assemblywoman Maggie Krell - our Member of the Legislature - emailed the laundry businessman about what the law requires, saying:  The state Health and Safety Code requires cities and county code enforcement officers to inspect all buildings or premises for compliance with standards for buildings - regardless of zoning designations or approved uses of buildings - and to document and stipulate correction of violations found. The Code also requires owners of substandard buildings to remediate the violations. When presented with the explanation about counties' expanded code enforcement responsibilities for commercial property under the new state law, the County stood its ground about only being involved with mold in residential property. Unfortunately for the County, under the state Constitution, counties do not have discretion to pick and choose which state laws will be enforced.   

Perhaps making matters worse, our newsroom elves have gotten wind of yet another black mold problem at a business in Country Club Plaza. There isn't a lawsuit in play at that business (at least not at the moment), so it will be interesting to hear whether the County will try to keep its distance from this apparently additional instance of mold.

How extensive is black mold contamination at Country Club Plaza? Fingers crossed, people! But that's really not a good public health policy, is it? State law requires counties to inspect for and act against black mold in all buildings. Will the County step up on behalf of the mall's businesses and their customers by complying with the Health and Safety Code? Time will tell.