Current Building News

Directive to protect residential construction workers from falls goes into effect June 16 

June 1, 2011 11:33 AM from QuickTakes Volume 10, Issue 11 - the bimonthly OSHA Newsletter for the USDOL OSHA 

Starting June 16, residential construction employers will have to provide workers with the conventional fall protection required by the construction fall protection standard, issued in 1994 (29 CFR 1926.501(b)(13)). Falls are the leading cause of death for workers in construction and this directive will provide residential construction workers with greater protection from being injured or killed on the job.

In December 2010, OSHA issued a new directive withdrawing an interim policy that allowed residential construction employers to use alternative procedures for worker fall protection. Under the new procedures, where residential construction employers find that traditional fall protection is not feasible or creates a greater hazard in residential environments, employers will still be allowed to implement alternative procedures that will assure worker protection after developing a written site-specific fall protection plan.

Since issuing the new directive, OSHA has developed a variety of training and compliance assistance materials in many formats that are available on OSHA's Residential Fall Protection page. The latest of these is an educational slide presentation* that describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques involve the use of conventional fall protection systems including safety nets, guardrails, and personal fall arrest systems such as body harnesses, lanyards and lifelines. See the news release for more information.

OSHA acts to protect workers in residential construction 

January 13, 2011 6:15 PM from QuickTakes Volume 10, Issue 2 - the bimonthly OSHA Newsletter for the USDOL OSHA 

OSHA issued a new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements. The directive being replaced, issued in 1995, initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction. However, according to data from the department's Bureau of Labor Statistics, there continues to be a high number of fall-related deaths in residential construction and industry experts now feel that feasibility is no longer an issue or concern. The National Association of Home Builders, the National Advisory Committee for Construction Safety and Health, and the Occupational Safety and Health State Plan Association all recommended rescinding the 1995 directive. To view the directive and for more information, visit OSHA’s Residential Fall Protection page.

NAHB Launches Mortgage Interest Deduction Website

December 2, 2010 04:12 PM from NAHB Public Affairs 

NAHB has launched a new website at www.SaveMyMortgageInterestDeduction.com to help provide both members and consumers with up-to-date information on the threat to the mortgage interest deduction.

The site, modeled after NAHB's successful federal home buyer tax credit site, separates the myths about the mortgage interest deduction from reality and contains fact sheets, frequently asked questions, press releases, media stories, statistics, reports, and more.

Most importantly, SaveMyMortgageInterestDeduction.com tells visitors how to stay informed and make sure their opinions are heard on this crucial issue by connecting through NAHB's Facebook and  Twitter mortgage interest deduction communities and our Eye on Housing blog.  

For more information, e-mail NAHB Public Affairs, or call Gwyn Donohue at 800-368-5242, ext. 8447.

The Housing Tax Credit has Expired

The Worker, Homeownership, and Business Assistance Act of 2009, which extended and expanded the original tax credit, enabled many more Americans to take advantage of new government incentives to buy a home.  This credit has since expired.

The new law extended the popular first-time home buyer credit through April 30, 2010. Buyers who signed a sales contract by that deadline had until June 30 to close on the home.  Congress was able to extend the closing date deadline to September 30 for those that had their binding contracts signed.

NAHB has created a Web site to provide information about the housing tax credits at www.federalhousingtaxcredit.com. The Web site has basic information about the first-time and repeat buyer credits, detailed question and answer sections, and links to additional home-buying resources.

NAHB to Sue EPA Over Lead Paint Regulations

July 8, 2010 - A coalition of housing industry groups joined the National Association of Home Builders (NAHB) today in announcing plans to file a lawsuit against the federal Environmental Protection Agency (EPA) for removing the "opt-out" provision from its Lead: Renovation, Repair and Painting rule.

The Lead: Renovation, Repair and Painting rule (LRRP) applies to homes constructed before 1978 when lead paint was banned. Its opt-out provision, which expired July 6, let consumers allow contractors to bypass extra preparation, clean-up and recordkeeping requirements in homes where there were no children under 6 or pregnant women, thus avoiding additional costs.

"Removing the opt-out provision more than doubles the number of homes subject to the regulation," said NAHB Chairman Bob Jones, a home builder and developer in Bloomfield Hills, Mich. "About 79 million homes are affected, even though EPA estimates that only 38 million homes contain lead-based paint. Removing the opt-out provision extends the rule to consumers who need no protection."

The Hearth, Patio & Barbecue Association, the National Lumber and Building Material Dealers Association and the Window and Door Manufacturers Association joined NAHB in filing the petition for review in the U.S. Court of Appeals for the D.C. Circuit. Click here to read more.

EPA Responds Favorably to NAHB Concerns on Lead Rule, Though Questions Remain

from NAHB'sNation's Building News  ~  June 28, 2010

NAHB continues to seek clarification on a June 18 memo from the U.S. Environmental Protection Agency (EPA) delaying the enforcement of training certification requirements under the Lead: Renovation, Repair, and Painting rule until Oct. 1.

The issue is that even though contractors won’t be fined or prosecuted for not having certification, the EPA’s lead-safe work practices requirement still stands for remodelers working in pre-1978 homes and they will be subject to penalties if they are found not to be following them.

For certified firms and certified renovators, the delayed deadline does not change anything.

The delay does provide more time for remodelers who have been thus far unable to find a class, and that is a decided win for NAHB.

To avoid enforcement, contractors must enroll in certified renovator training with an EPA-approved training provider by Sept. 30 and the training must be completed by Dec. 31. Remodelers must also apply to EPA for firm certification by Sept. 30.

“EPA listened to our concerns and did the right thing,” said NAHB Chairman Bob Jones.

In the revised guidance issued earlier this month, the EPA acknowledged that remodelers in many parts of the country have been unable to obtain the required training to comply with the rule — a problem that NAHB has been urging the agency to solve since the rule was announced two years ago.

The issue came to a head in May after floods devastated parts of Tennessee and there weren’t enough certified remodelers on hand to complete emergency home repairs in the area. NAHB and the state home builders association proposed a delay in enforcing the rule — a request the EPA consented to in its June 18 letter.

The EPA action was in direct response to NAHB’s continued involvement in the lead rule, which it acknowledged in the memo, including a petition to delay the rule and efforts to educate members of Congress on its adverse ramifications.

Additionally, the association had been strongly supporting an amendment from Sen. Susan Collins (R-Maine) to the Supplemental Appropriations Act that would have delayed the effective date of the rule.

“This rule potentially affects about 79 million home owners. That’s how many homes were built before 1978, when lead paint was banned,” Jones said in a press release sent after the memo was made public.

“We need significantly more contractors certified than the 300,000 who have taken the training course, and we also need to make sure that affected home owners understand the importance of hiring a certified contractor.”

More Challenges Ahead
While NAHB achieved a rare victory in the regulatory arena, the EPA’s lead rule still presents many challenges in addition to training concerns that NAHB continues to actively address, including removing the “opt-out” waiver, adding clearance testing to the rule and having it extended to commercial buildings.

There is no delay for the removal of the opt-out waiver on July 6. (For a related story from the June 14 issue of NBN, “EPA to Revoke the Lead Paint Opt-Out Waiver,” click here.)

Additionally, the memo does not preclude private citizens from filing lawsuits under the rule. Remodelers still need to maintain vigilance concerning possible liability issues.

In fact, the group Parents for Nontoxic Alternatives posted a message June 26 on the lead paint news e-mail list maintained by the National Center for Healthy Housing, an EPA-accredited lead paint work practices provider.

"In light of EPA's recently stated intention to delay seeking penalties against firms for not becoming RRP-certified before Oct. 1, it is even more clear that lead poisioning prevention advocates ourselves must step up our efforts to promote compliance with the law," the message said.

The group suggested that advocates contact local contractors and property management firms doing work in pre-1978 housing and encourage them to comply with the rule, then partner with interested attorneys to file a lawsuit under the Toxic Substances Control Act, "sharing any monetary settlement with the attorney" should they win against the non-certified firms.

Remodeler Leaders Meet with EPA
NAHB Remodeler leaders Bob Hanbury, CGR, and Bob Peterson, CGR, CAPS, CGP met with Assistant Administrator Steve Owens and other EPA officials on June 23 to discuss the problems associated with the agency’s clearance testing proposal.

The testing would add more expense, increase liability and further blur the lines between remodeling and lead paint abatement contractors, Hanbury and Peterson told EPA leaders. It would also require additional technical training for the industry at a time when remodelers already are struggling to obtain training in existing certification requirements.

Before the meeting, Owens’ office ruled out any discussion of the June 18 memo, telling NAHB that another division within the agency would issue clarification — although no such information had been posted by Monday morning, June 28. 

This latest meeting was part of NAHB’s continuing efforts to work with the EPA on a sensible lead paint work practices rule that also encourages consumers to choose a lead-paint certified remodeler rather than complete the work themselves. Although the EPA launched a consumer public relations campaign on the rule, it has yet to gain traction and home owners remain unaware of rule costs, requirements and the dangers of attempting do-it-yourself remodeling.

What the Rule Requires
The EPA requires remodelers working in pre-1978 homes to:

Remodelers can search for an EPA-approved training provider or can contact their local home builders association to find certified renovator training sessions.

Remodeling firms must also become EPA-certified bysubmitting a form and $300 fee.

For more details about the work practices established by the EPA in the rule, see the “EPA Small Entity Compliance Guide to Renovate Right”.

For more information, visit www.nahb.org/leadpaint; or e-mail Matt Watkins at NAHB, or call him at 800-368-5242 x8327.

The Texas Home Builders Workers’ Comp Group Announces $122,694 Dividend

June 23, 2010 08:33 AM Eastern Daylight Time 

DALLAS--(EON: Enhanced Online News)--The Texas Home Builders Workers’ Comp (THB-WC) Group announced a $122,694 dividend to policy holders today bringing total dividends paid to the group to $287,461. The group’s premium volume and loss ratio were factors in determining its dividend.

The THB-WC group, formed in September 2005 exclusively for home builders in Texas, provides qualifying members with a competitive option for workers’ compensation coverage. The announcement marks the third dividend payment and a 15% increase over last year’s dividend payment for the group by Texas Mutual Insurance Company, the program underwriter.

The Texas Department of Insurance (TDI) allows employers in similar industries to reduce their workers’ comp premiums by purchasing their coverage as a group. The THB-WC Group is a TDI-approved purchasing group that is open to most residential general contractors, which includes home builders, engineers, architects and interior carpentry firms. The Texas Home Builders Workers’ Compensation Purchasing Group is endorsed by the Texas Association of Builders.

“We’re seeing an increase in new starts in our home builder program this year. As the home building industry resumes growth in Texas, placement with the right insurance company will be important to business owners to provide safe worksites while keeping premium costs low,” says Anne Sheahen of Hotchkiss Insurance Agency, the THB-WC Group administrator. “We’re committed to the ongoing education of every Texas home builder so that they take full advantage of the workers’ compensation laws that were written exclusively for their industry.”

For more information about the THB Workers’ Comp Purchasing Group, contact Susan Fox by email at svfox@hiallc.com or by phone at (972) 512-7660. For more information about Texas Mutual and a complete list of THB-WC qualifying business classifications visit www.texasmutual.com/agents/pr_thb.shtm.

Any licensed Texas insurance agent may submit a qualifying client for consideration in the group. Texas Mutual notes that past dividends are not a guarantee of future dividends, and TDI must approve all dividends.

*Past dividends are not a guarantee of future dividends. The Texas Department of Insurance must approve all dividends.

About Texas Mutual Insurance Company
Austin-based Texas Mutual Insurance Company is the state’s leading provider of workers’ compensation insurance. Since 1991, the company has provided a stable, competitively priced source of workers’ comp insurance for Texas employers.
 

 TAB is pleased to announce that its application to establish the Texas Builders Foundation has been approved by the Internal Revenue Service.

This corporation was organized exclusively as a private charitable foundation to:

  1. Research and develop educational programs to benefit the professional home building industry
  2. Educate consumers about the home building industry and the critical role it plays in Texas' economy
  3. Educate the youth of Texas about the home building industry and provide scholarship assistance
  4. Perform other charitable activities as appropriate

More information about the Texas Builders Foundation will be provided to the TAB membership in the coming weeks and months. 

2009 Residential Construction Contracts Package

With the demise of the Texas Residential Construction Commission Act, a major overhaul of residential construction contracts became imperative, making the updated 2009 TAB Residential Construction Contracts package more valuable than ever.
 
Click here to read more on the revisions and provisions for the new contracts package.

*Contracts packages are available to TAB members only.  Order your contracts package today through your local home builders association.