Recently I was asked to inspect a vacation home in North Carolina. The owners said that the garage had suddenly developed a mildew problem which had never occurred in the 100 plus year life of the house. What I found was that water was running under the walls of the garage and collecting in the storage closet area. Since the garage had been closed for about four months, the mildew problem was quite severe. The owners said that they had never had this problem before, so I started by asking them what, if anything, they had done to alter the lot drainage. It turns out that they had hired an architect to design a screened porch on the flat roof of the garage, and had hired a local contractor to build it. My first question was; did the original garage have gutters? They said that it had some kind of drain in the flat roof which drained the water off the back corner of the structure. The original garage did indeed have a scupper feeding into a downspout which drained the water downhill from the structure, but this was abandoned when the porch was built. It didn’t take me long to realize that all the water falling on the gabled roof of the new porch was draining along the sides of the garage and running under the old walls. They solved the problem by installing gutters along both sides of the garage with downspouts to channel the water away and downhill from the structure. Gutters can sometimes be difficult to keep clean, but they do a very good job of keeping water away from the house.

Q. We are looking at new homes in South Carolina, and we noticed that some are built on a slab, and others have crawl spaces. Is one better than the other?

A. Traditionally, houses in South Carolina have been built on raised foundation walls to keep the structure away from the ground, but with the advent of newer technologies, more and more builders are choosing to build homes with concrete slab foundations. Briefly, a house with a crawl space has a wooden floor built on foundation walls and piers that can be anywhere from about two to six feet off the ground depending on the slope of the lot. In this type of house, the utilities such as plumbing, electrical and HVAC can be run under the floor, and are accessible for repair or renovation. The crawl space has fresh air ventilation, but is closed to insects and animals. This type of construction requires stairs for access. A slab-built house, or patio home, is built directly on a reinforced concrete slab foundation. This slab rests directly on the ground, and the utilities are run under the slab and brought up into the structure wherever needed. The heating and air ducts are routed through the attic in most cases. This type of construction requires no stairs for access. With a house built up off the ground, modest amounts of water entering the crawl space during rainstorms is not usually a problem, because it runs right through or evaporates through the fresh air vents. With a slab house, there is very little tolerance for water draining against the structure, because it will find its way into the house. If you are considering buying a patio home, pay careful attention to the lot drainage. The choice between the two types of construction is largely a matter of personal preference unless someone in your family has difficulty climbing stairs in which case, a slab-built home would be your best choice. Regardless of which type of house you choose to purchase, it would be wise to get a thorough home inspection from the most competent inspector in the area.

A little groundhog has told us to expect another six weeks of winter! Already a tough season, many of us experienced firsthand or saw news coverage of winter storms bringing cities and counties to a virtual standstill. Whether you live in a winter weather state or are just visiting, snow and other winter weather can drastically effect your ability to get around and keep to your plans. Learning some basic driving safety measures and coping tips can help alleviate some of the aggravation. Also, although varying by state, understanding winter related laws or ways laws are interpreted to include winter conditions is vital to enjoying a safe winter. Below is some safety information we hope you find useful and keeps you safe and warm this winter.

Winter Driving Safety & Tips

Winter Inspection: Prepare you car ahead of time for winter road conditions. Check the levels of antifreeze, oil and wiper fluid. Examine your windshield wipers for wear and replace them if necessary.

Got Wheels? Review your tire tread. If you get snow tires or studs, get your appointment scheduled before the tire stores are inundated. If you are in a state where you may use chains or cables, inspect these when you pull them out of storage. Take time to review how to put them on before the snow comes.

Journey Prep: Before driving out into a winter wonderland, make sure you are prepared. Clear you car of any snow and ice so you can see clearly - this includes any snow around your headlights and break lights. How much gas is in the tank? If you are getting low, plan your route to make this your first stop. Stop and consider your physical condition, are you awake and alert?

WEK: Don't be weak - have an Winter Emergency Kit! Some items to include in your kit are:

• First Aid Kit T
• Travel Tool Kit
• Blanket(s)
• Gloves, Hat, Scarf, Sweatshirt, etc.
• Jumper Cables
• Flashlight and Spare Batteries
• Road Flares
• Matches
• Sand and/or Salt
• Ice Scraper and Snow Brush
• Small Shovel
• Water
• Energy Bars or Other High Calorie Foods (Nonperishable)
• Cell Phone and Charger

Dress for Success: As we hop from one heated building to the next, we don't often consider how we are dressed for the winter weather. Adjust your wardrobe for unexpected winter weather. If you insist on traveling in the car in flip flops because the are comfy, make sure you pack thick socks and hiking boots in the back seat in case your car does break down. Dress in layers and have spare gloves, a hat, and a scarf in the car.

Know before you go! Check for road condition updates and possible closures. Before driving in winter weather make certain to check the local forecast. Some of the key weather words are:

S-L-O-W: Everything slows down: accelerate slower, brake slowly, turn slowly, and travel at slower speeds. Enter the time warp willingly and keep your patience and wits about you. Trying to rush through anything during poor winter weather is the number one reason people slide off roads or skid into other cars.

Personal Bubble: Allow those around you plenty of space. Do not crowd other cars and increase the car lengths between you and the next car.

It's Ice Ice Baby! If there is ice rain the best option is not to be on the road period. But there are other patches of ice and black ice that may pop up when you consider the roads drivable again. Keep in mind that ice forms quickest on bridges and overpasses. Also, as the temperatures begin to rise the thawing ice will be much slicker as it melts. If you see the ice ahead of time keep your speed slow. DO NOT hit the breaks! If you suddenly can't hear the road, often the case if you hit black ice, continue forward and take your foot off the accelerator. DO NOT hit the breaks!

Look Up! Many times the winter weather makes us concentrate on the road in front of us so much that we forget to look ahead. During this weather is exactly when you should be looking up and ahead; look farther then you may normally. This will give you more time to react to possible sliding cars or hazards in front of you.

Keep it on Main Street: Plan your routes on main roads. These will be traveled more and are the first to be cleared and sanded.

Share the Road: Give plows and sanders plenty of space. Three car lengths is the standard suggestion. Be patient, many will get over to let traffic pass. Always pass with extreme caution and never pass them on the right as that is where all the sludge is going!

Double Your Time: As a general rule, double your travel time for all your commutes and usual destinations.

Tell Your Peeps: Let others know of your travel plans - especially for long distances or during a weather event. Let either family or friends know where your are going and the route you expect to take.

No Cruising: As you shouldn't in heavy rain, do not use cruise control on winter roads. If you begin to slide you may not be able to get out of cruise control quickly. Also, depending on the slide/skid, tapping the break may be the last thing you should do!

Find Your Pack: Have a commute group for severe weather. You can alternate drivers as you battle the extra stress and fatigue of driving in bad weather. Encourage it in your community and this can help keep more cars off the road.

Think Outside Your Car: Consider other modes of transportation altogether. If available, consider the bus or train. Get really inventive - do you like to cross country ski? Just stay on the sidewalk!

Flex Time: Check to see if you employer will let you change your hours or work from home. Wait until the plows have had a chance to move through the neighborhood and go in late. Or plug in the computer and work in your PJs and fuzzy slippers.

The Great Melt: Still be cautious after the snow begins to melt away. Puddles can easily be hiding monster potholes that grew under the ice during the storm. Not only jarring these can do some real damage to your car. Besides potholes, be careful of hydroplaning as well. As the water melts it may be caught between mounds of slush leaving the perfect amount of water to send your tires for a little ride.

If the Worst Happens: "If a blizzard traps you in your car, pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don't overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering--anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction." (Tips provided by FEMA)

Legal Concerns

The Car Snowball: When your car is covered with snow it makes for safer driving if you clear all the snow off - but are you required to legally? Technically, in most states, there is not a "snow on the car" law. Instead, other laws may be interpreted to include snow. Be safe and get your car uncovered completely so you can clearly see around you and don't inadvertently cause hazards.

• In many states you can be cited if your windshield, rear window and windows are obstructed so you cannot see the road. This is often interpreted to include snow, ice and fog that disrupt the drivers view.
• How about the snow on your roof or hood that you left there? In many states you will not be cited for this alone, however, if this snow flies off and damages another car (i.e. smacks into and cracks the windshield of the car behind you) then you are liable for any damages. Some states are clever and cite snow falling from your car as littering! 
• While you are at it, make sure to clear any snow from your headlights and break lights. This not only helps you light your path, but no doing so may be a citation waiting to happen in some states.

Snow tires, studs, and chains, oh my!

NOW TIRES: Standard in many snowy states usually there are not penalties for having these tires on past a certain date. Check with your local tire stores as they will often store your summer tires during the winter season and vice versa. STUDDED TIRES: States that allow these tires for winter travel often have a set timeline when they may be used (i.e. In Alaska they may be on by September 15th and are due off by May 1st - most states in the lower 48 will have a shorter time allotment). This information can be found at your state Department of Transportation website (see list to the right) CHAINS: Especially if traveling in mountainous states, learn if chains are often required, make sure you have them and learn how to put them on before you go. Some flat states also allow chains under certain conditions. Check with your state Department of Transportation for specific requirements or limitations. The following YouTube video illustrates how to put on cable style chains. It is sponsored by the Oregon Department of Transportation (http://www.youtube.com/watch?v=_8RVbDuyOcY):

The Appraisal Foundation - USPAP (Uniform Standards of Professional Appraisal Practice) defines an appraisal as "The act or process of developing an opinion of value." This valuation is a determination of your property's market value - what it will likely sell for on the open market. So how is this "valuation" determined? Why does the idea of getting an "opinion of value" create so much apprehension about the process? What can you do to make your home appraise better, if anything?

What do you do if your home doesn't appraise well?
elow are commonly asked questions that hopefully will give some clarity about home appraisals. What is a home appraisal? A home appraisal is a survey of a home by a professional for their opinion of the property market value. In most cases an appraisal is done for a bank when a home is being approved for a loan for the home buyer. The home appraisal is a detailed report that looks at such items as the condition of the home, the neighborhood, what similar homes are selling for, and how quickly similar homes sell (to name a few). The appraisal may be a sales comparison or a cost/replacement opinion of value. There is also an income appraisal, but this is done primarily with commercial properties. The sales comparison will look at other properties in your neighborhood and what they are selling for and then figure how they compare to your home. With a cost/replacement opinion of value the appraiser is looking at what it would cost to replace the home if destroyed; this is more commonly used for new homes.
Important Note: An appraisal is not a home inspection! Appraisers only look for major concerns, they do not examine the home's full condition (i.e. examine the roof, appliances, etc.). For this reason a home inspection should still be requested by the home buyer before purchasing the home.

Who is an appraiser?
Appraisers are licensed by individual states and are held to strict ethical standards. Appraisers are the third party whose purpose is to give their opinion of the market value of a home. Ideally the appraiser should not be connected with anyone involved with the home transaction.

Who picks the appraiser?
When an offer is made on the house the appraiser will normally be determined by the lender. The lender may have their own appraiser or contract with an independent party. Sometimes the bank will allow the seller to choose an appraiser, but only when that appraiser is already well known to them.

Can the seller get their own appraisal done?
Yes. The home seller may commission their own appraisal before selling the property to determine cost. However, this will cost anywhere from $300-500 and the bank most likely will not accept this appraisal but request another to be done by their own contact.

If not by appraisal, how do I set the price for my home?
Home sellers can set the price of their home with the help of a REALTOR(r) using a comparative market analysis (CMA); the CMA is not a substitute for an appraisal but will give a good idea on setting an asking price (usually 5-10% more than the market price for your area).

How can you prepare your home for appraisal?
Prepare for your home appraisal like you would for a home sale. You are in essence re-selling your home. Make sure all the maintenance you can do is done; this includes clearing and trimming the yard to painting the house - hopefully most of this was already done for the sale and should at most need only a minor touch up. Be polite to the appraiser and give them full access to your home; work with them not against. Inform the appraiser of your home improvements. Let them know about the new windows, new floors, the finished basement, etc. And finally, don't be caught off guard. Do your homework! Know what similar homes are selling for in your neighborhood. This is something that should be done before setting your selling price. But in case your home has been on the market for a month or two, keep your research current. Let the appraiser know about similar homes and what they have sold for, especially if you know why a particular home that is like yours sold for less, let them know why your house is different.

What if the appraisal is low?
An appraisal that comes in lower then the asking price can jeopardize the loan and ultimately the sale. The lender will generally only loan up to 80% of the appraisers opinion of the home's value. The most common result is that the seller can lower their asking price. Or the seller and buyer can negotiate and meet at a price in-between. If the buyer still wants the home badly enough, they may put more money down; but this may still not guarantee their loan as the lender will still view it as negative equity. The final option is to dispute the appraisal. Before disputing with an appraisal, do your homework. Look at the homes in your community that have sold in the last 6 months and see what the differences are that may make your home more valuable. Perhaps there is a sale that the appraiser missed, perhaps other homes do not have the renovations and improvements you have done, perhaps the appraiser is not familiar with your type of home or neighborhood, etc. Building this case may be a good idea even before the appraisal. This will prevent you from getting rushed by the timeline after the appraisal is done. This is something you can ask for your REALTOR(r) to help with as they usually have a vast knowledge of your market area. Once you have the case, present it to the lender. They will likely get a new appraiser or request the same appraiser to reconsider it. If you do not want the same appraiser, make sure to specify this and ask for a second opinion.

What other aspects of the appraisal can hurt the loan?
By in far, the appraisers opinion of the home's value being lower than the asking price is the most detrimental. However, other factors may cause the lender to refuse the loan or require further contract negotiations. These concerns would result from property conditions that may require the home buyer to do more investing in the property to keep it valuable, such as upkeep on a private road. Your REALTOR(r) can help you with these types of objections and altering the contract to meet the lenders concerns.

The above is an introduction to answer some basic questions about the appraisal process. Please look at the links to the left for more detailed information. Now, if you are interested in what your home may be worth, check out Zillow for fun! This online program uses Google Maps to show what homes in your neighborhood are selling for or may be worth. Of course, I would suggest caution as the opinion of value given for most homes is rather high: http://zillow.com/ Happy appraising!

The summer has a pull for us, no matter our age. It is a time to take a few days off work, barbeque in the backyard, go for a picnic, a hike, a swim, a bike ride or go out on the water on our boat. It is also a time to mow and weed the lawn, plant flowers and finish countless chores around the home that have been put off until the weather "cooperated." Needless to say, summer is a busy time when we do more activities and chores and can very easily overexert ourselves. That is why this month we are focusing on some tips that can help you have a fun and safe summer. Part of having fun is being aware of what precautions you should take and how you should plan ahead for whatever you choose to do. But we know you are busy, so here is the quick list for a safe summer!

Barbeque and Food Safety:

Always check your grill before using it after a long seasonal break. If propane is used make sure to check all the connections! Check your individual user manual for your grill; all of these will have a checklist of items to review that are specific to your make/model.

Grills are for outdoor use only. NEVER bring a grill indoors to cook. Carbon monoxide will accumulate and can be fatal.

Always set up the grill away from the home (at least 5 feet or more).

If using a charcoal grill, use a charcoal lighting fluid instead of gasoline. Make sure to let the fluid be absorbed by the coals before lighting. Move the lighter fluid away from the grill before lighting. Once you light the fire, stay with the grill, never leave a cooking grill unattended.

That goes for all of you - NEVER leave a cooking grill unattended! Have baking soda handy for a grease fire and a fire extinguisher on hand as well.

For safest results, always grill with a meat thermometer. See the recommended meat temperatures to the right.

Before cooking or preparing anything - wash your hands! In between working with different dishes - wash your hands!

Invest in some long cooking utensils for the grill - this will help prevent burns!

For best grilling results, thaw frozen meats before cooking them on the barbeque. The safest way to thaw foods is slowly in the refrigerator.

If you use the microwave to defrost meats, then make sure you are grilling them shortly afterwards and not storing them again before cooking.

If marinating food then do so in the refrigerator - not on the counter! If you want to have extra marinade to use as a sauce later, make sure to separate a portion ahead of time. Never reuse marinating sauces!

Use one plate for taking meats to the barbeque and another clean plate to take cooked items to the serving area. Never use the same plate. The raw juices can contaminate your cooked meats and side dishes.

When hosting a barbeque, make sure to supply plenty of clean plates and utensils. Encourage guests to get a new plate if theirs has been sitting out in the sun and became a playground for flies, ants, etc. as they waited between helpings.

That evil mayo - did you know according to the Department of Health, it is not really the mayo that is making that potato salad a dangerous game of chance. Instead it is the fact that when making salads usually the ingredients are mixed together when still warm creating a breeding ground for bacteria. Instead, chill all your ingredients separately before mixing them together.

Refrigerate any left over food within 2 hours of its initial serving. If the temperatures are higher, then 1 hour or earlier. Meat should be be kept hot for serving (140°F) and unused meat should be refrigerated immediately as it cools. If you have too much left over meat, make sure to freeze whatever you won't eat within the next 2 days.

When you shut off the grill make sure to shut off the propane as well.

For a charcoal grill, let coals burn out completely. The ashes should sit 48 hours before being disposed of in aluminum foil in a noncombustible container.

Food Safety on the Road:

Wash all fruits and vegetables. Even those with tough outer skins that you do not eat. When slicing these the knife may pick up bacteria from the outer skin.

Pack drinks and food in separate containers. The drink cooler is opened more often changing the internal temperature. This way the food container is disturbed less often and can remain colder.

Once at your destination, keep the cooler(s) out of the direct sun. Keep them in the shade, covered with a blanket. If on the beach, burry it partially in the sand in a shady spot or under an umbrella.

If grilling at the park and you need to dispose of ashes, make sure to place them in heavy duty aluminum foil and soak them in water before placing them in a noncombustible container.

If you use a recreational vehicle such as a camper, always review any canned foods that may have been left there. If temperature fluctuated and cans were frozen and thawed then they need to be discarded. Make sure to thoroughly clean the refrigerator out before using it this travel season.

Bug Prevention:

The best insect repellents contain DEET. However, they should not be used on children under 2 months of age. Also, bug repellent should be applied once per day. Do not get a sunscreen/bug repellent combo as you will need to reapply the sunscreen every two hours.

Avoid using scented soaps and perfumes. Also be careful with bright colored clothes as they attract certain bugs as well. Be extra careful around stagnate pools of water, heavily flowered areas and unused areas as these are more likely to be nesting areas or feeding areas for bugs.

Wear hats and long sleeves in the woods. Make sure to examine clothing and scalp for ticks. If you find a tick gently pull it out with tweezers. Do not use your fingers as you may squeeze it too hard. The methods of burning ticks with matches or suffocating the tick with nail polish don't work for removing ticks from the skin. If you live in a wooded area, try to keep your yard well maintained, ticks do not like direct sun and are looking for overgrowth areas.

Lawn Mower Safety:

Nearly 75,000 Americans are seriously injured in lawn mower accidents each year. About 10,000 of those injuries involve children. Data from University of Michigan

Always read and review your owner's manual at the start of the mowing season. There will be specific checks you will need to perform.

If you can, get a mower with an easy kill switch, a double handle that stops the motor when dropped is a good design to have.

Keep children and pets indoors or well away from the lawn mower at all times. Don't let children ride on the mower for "fun" and it is recommended that children not operate mowers until 16 years of age.

Pick up debris before mowing the lawn.

Wearing protective eye gear is also recommended.

Wear sturdy shoes when mowing. Never move the mower back towards your feet, always go forward.

Sun Safety:

The harshest time to be out in the sun is between 10:00am-4:00p.m. This includes cloudy days as the sun still penetrates the clouds although you may not feel it. During these hours of the day you should have a sunscreen of 15SPF or higher. Sunscreen should be applied 30 minutes before going outside and reapplied every two hours. During really hot hours, stay indoors as much as possible.

Sunglasses that protect you from at least 90% of UV sunlight should be worn.

Dress for the heat. Wear light colored clothes of a breathable fabric, such as cotton. Wear a hat or use an umbrella if in direct sun for long periods of time.

Drink plenty of water, drink water even if you do not feel thirsty as you need to keep your body hydrated. Avoid drinks with caffeine or alcohol as these will only aid dehydration.

Eat smaller meals more often. Eat less protein to reduce metabolic heat.

Avoid strenuous activity. If you are going to be doing really strenuous work or sports, do them early or late in the day. Take breaks often!

Need to know "HEAT" definitions:
Heat definitions from www.redcross.org

• Heat Wave: More than 48 hours of high heat (90°F or higher) and high humidity (80 percent relative humidity or higher) are expected.
• Heat Index: A number in degrees Fahrenheit that tells how hot it really feels with the heat and humidity. Exposure to full sunshine can increase the heat index by 15°F. Heat cramps:
• Heat cramps are muscular pains and spasms due to heavy exertion. They usually involve the abdominal muscles or the legs. It is generally thought that the loss of water and salt from heavy sweating causes the cramps.
• Heat Exhaustion: Heat exhaustion is less dangerous than heat stroke. It typically occurs when people exercise heavily or work in a warm, humid place where body fluids are lost through heavy sweating. Fluid loss causes blood flow to decrease in the vital organs, resulting in a form of shock. With heat exhaustion, sweat does not evaporate as it should, possibly because of high humidity or too many layers of clothing. As a result, the body is not cooled properly. Signals include cool, moist, pale, flushed or red skin; heavy sweating; headache; nausea or vomiting; dizziness; and exhaustion. Body temperature will be near normal.
• Heat Stroke: Also known as sunstroke, heat stroke is life-threatening. The victim's temperature control system, which produces sweating to cool the body, stops working. The body temperature can rise so high that brain damage and death may result if the body is not cooled quickly. Signals include hot, red and dry skin; changes in consciousness; rapid, weak pulse; and rapid, shallow breathing. Body temperature can be very high--sometimes as high as 105°F. Call 911 or your local EMS number. Move the person to a cooler place. Quickly cool the body by wrapping wet sheets around the body and fan it. If you have ice packs or cold packs, place them on each of the victim's wrists and ankles, in the armpits and on the neck to cool the large blood vessels. Watch for signals of breathing problems and make sure the airway is clear. Keep the person lying down

Sun Safety for your Pet:

Dogs and cats don't sweat to lose excess heat, instead they pant. Most of our pets know better and will not over exert themselves in high heat. However, if chained in the sun or locked in a car, there is little they can do to avoid it. Never leave you dog unattended in a car. Although it is only 75°F outside, in the car it can reach up to a 100°F in one half hour. If you return to your car and your pet is agitated, wide-eyed and panting rapidly they may have heat stroke.

Always provide shade and water for your pet on hot days. If there are heat wave warnings bring them inside with you.

Animals have a natural higher temperature than humans (100°-102°F for both cats and dogs). However, anything 105°F is a sign of heat stroke. Other signs of heat stroke in animals include rapid panting, wide eyes, salivating, pale and dry gums, staggering and weakness. They may even become unconscious.

The best way to treat heat stroke is to get them wrapped in wet towels and fan them as you would a human. Some suggest immersing them in cold water, but depending on the severity this may be too much too quickly. Also run cold water in their mouth. Keep track of their temperature, get them down to 103°F. Call your vet or animal hospital immediately.

Hiking Safety:

Plan ahead for any hiking trip. Take a look at the route and consider what equipment and skills you may need. Discuss emergency plans with your group before heading out. Know where the nearest ranger station is from where you start. Also, leave a detailed itinerary with someone back home. Let them know what car you are taking, where you will be starting and how long you expect to be.

Always hike with at least one other person. In more remote areas it is suggested that you hike with at least four people in your group. This way you will have one to stay with an injured person and two to go for help.

If a trail is marked as closed DO NOT go there. If an area requires special permits - DO NOT go there unless you have already obtained them.

Be prepared for bad weather and extreme weather changes. You should have enough supplies to get you through a night if needed.

Always assume the water from streams and rivers is NOT safe for drinking.

A Hiking Backpack Checklist:
Info from www.redcross.org

• Candle and matches
• Cell phone
• Clothing (always bring something warm, extra socks and rain gear)
• Compass
• First aid kit Food (bring extra)
• Flashlight
• Foil (to use as a cup or signaling device)
• Hat
• Insect repellent
• Map
• Nylon filament
• Pocket knife
• Pocket mirror (to use as a signaling device)
• Prescription glasses (an extra pair)
• Prescription medications for ongoing medical conditions
• Radio with batteries
• Space blanket or a piece of plastic (to use for warmth or shelter)
• Sunglasses
• Sunscreen
• Trash bag (makes an adequate poncho)
• Water Waterproof matches or matches in a waterproof tin
• Water purification tablets
• Whistle (to scare off animals or to use as a signaling device)

Survival Pack - one pack should be carried by EACH person in your group and should include: a pocket knife, compass, whistle, space blanket, nylon filament, water purification tablets, matches and candle in a waterproof container.

Bicycle, Skateboard & Scooter Safety:

Always wear a helmet when bicycling. If on a scooter or skateboard, wear the proper protective gear such as knee and elbow pads and a helmet.

Only ride a bike that is properly fitted for you. If not fitted correctly you may hurt your knees, back, arms and will not be able to maneuver or stop as well as you should be able.

When entering the roadway from the driveway - always look! This is a high accident area as many cars do not see those coming out of driveways on bikes, skateboards and scooters.

If traveling on the road, make sure to follow all the road signs and lights. Bicyclists should follow the same rules as cars and use standard hand signals. Skateboard and scooter users should be extra carful on roads as well. HOWEVER, it is strongly suggested that scooters users stay on sidewalks and skateboarders stay well away from roads, preferably skate at the skate park.

Be predictable. Do not weave in and out of the roadway or cars. If you come to an obstruction in your path, stop and look around and behind you before going around it. A sudden swerve out into the road will not be anticipated by automobiles that are traveling much faster than you are.

Pay attention at all times. Obstructions such as wet leaves or loose gravel may come upon you quick if you are not paying attention. Also be careful around parked cars, you may not see someone opening the car door until you are right on top of it.

Try to avoid being out on the road at night or in bad weather. If you are out, be extra careful; imagine the cars cannot see you and ride defensively. You should have bright colored clothing and reflectors or battery operated lights as well.

All skateboarders should learn out to fall. Considering fractures and breaks from falls are the most common skateboard injuries, knowing how to brace yourself is important. If starting out in the sport, start small, skateboarding is just like any other sport, it takes practice and time to develop the skill.

When riding on the trails always give pedestrians the right of way. If passing from behind let them know by using a bell or stating "on your left," before passing. Keep a controlled speed on trails as you do not always know who is there around the bend. If the trail is shared with horses, slow down and give them a wide space when passing. Again, let them know you are coming by stating "on your left."

Water Safety:

Learn to swim! This is a skill everyone should take time to learn. Even the basic knowledge can help!

Children and inexperienced swimmers should use an approved floatation device/life jacket when in or, in the case of children, near the water.

Never leave a child alone around water. Make sure someone is watching them at all times!

Never swim alone. Always swim with a friend or in a supervised area. Never snorkel alone. Never surf alone.

Read and OBEY all posted signs. Do not dive in the water unless the area is clearly marked as safe. Even when marked, make sure to check for any person or debris below before diving. If the area is not marked, always enter feet first.

If swimming in lakes, rivers, or the ocean, be familiar with these bodies of water. Make sure you are aware of risks such as debris, under tows, and currents. Also, always be aware of your energy level; you need enough energy to make it back to shore!

Pay attention to your surroundings. Pay attention to the weather. At the first sign of bad weather, leave the water!

If pulled out by an ocean current do not swim against it. Instead swim parallel to it gradually moving towards the shore. You have to move out of the current by swimming across it before you can head back inland. Think of an arc instead of a straight line.

Check surf conditions before entering the water. Keep away from piers and pilings when in the water. Watch out for wildlife and have some basic knowledge of what animals and plants are in the water. Know what you need to avoid and leave wildlife alone!

Do NOT mix alcohol and swimming activities - they do not mix!

If you own your own pool, make sure it is supplied with emergency equipment and first aid. Keep a phone nearby and have instructions for emergencies posted. Have CPR instructions and make sure to take lessons in CPR. Every adult responsible for watching kids around the pool should have CPR training.

Take lessons before attempting SCUBA diving. Never dive alone. Only dive for areas you are trained for. Be familiar with your equipment and check it often.

Boating & Watercraft Safety:

Always have on life jackets. Make sure they properly fit everyone on your boat - especially children!

Learn to swim! Also, take a boating class, learn everything from navigation rules to information about your particular boat.

Do NOT mix alcohol and boating activities - they do not mix!

Let someone on shore know how long you will be gone and where you are going.

When using jet skis or other personal watercraft make sure to know the rules of the water body you are on and obey these rules. Be courteous to others and look out for swimmers, skiers in the water, etc.

Do not water ski at night. Always have someone in the boat to watch and aid the skier. Always approach a skier in the water with the engine off.

If fishing, scale, gut and clean the fish as soon as they are caught. Wrap fish separately in plastic and keep on ice. It is recommended that fish be cooked and eaten within 2 days or frozen. Frozen fish can last up to 6 months. Shellfish should be kept alive until cooked. Lobsters and crabs should be cooked the same day they were caught. Oysters, mussels and clams should be cooked within 5 days.

This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.