Current Building News
Lead Paint Enforcement Alert
EPA's Office of Enforcement and Compliance Assurance (OECA) has released an Enforcement Alert about the lead pain rule, which goes into effect in April. The alert describes the dangers of lead paint exposure, the purpose of the regulation, and the requirements of contractors under the regulation. Download the alert from this link: http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/leadpaint.pdf.
For additional information about lead paint based rules and regulations go to http://www.epa.gov/region6/6pd/lead/
If you have not been lead safe certified, find a trainer here.
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:
- Give customers the pre-renovation pamphlet (“Renovate Right”) and have them sign verification that they have received the notification
- Set up work-area containment
- Employ lead-safe work practices, such as using HEPA-filter equipped tools and not using open flames to remove paint
- Conduct thorough cleaning after work is finished
- Complete the cleaning verification process
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”.
NAHB will have more updates as soon as possible.
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.
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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:
- Research and develop educational programs to benefit the professional home building industry
- Educate consumers about the home building industry and the critical role it plays in Texas' economy
- Educate the youth of Texas about the home building industry and provide scholarship assistance
- 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
*Contracts packages are available to TAB members only. Order your contracts package today through your local home builders association.
The Housing Tax Credit has been expanded and extended
If you’ve been thinking about buying a home, and weren’t eligible for the first-time home buyer tax credit, here’s some good news: the housing tax credit has been expanded and extended.
On Nov. 6, President Obama signed into law the Worker, Homeownership, and Business Assistance Act of 2009, which enables many more Americans to take advantage of new government incentives to buy a home. In fact, the National Association of Home Builders (NAHB) estimates that close to 70 percent of all potential home buyers should now qualify for some form of the housing tax credit.
The new law extends the popular first-time home buyer credit, which more than 1.4 million taxpayers have already claimed, through April 30, 2010. Buyers who have signed a sales contract by that deadline have until June 30 to close on the home. First-time home buyers—who the IRS defines as someone who has not owned a home in the three years preceding the purchase—can qualify for a credit of 10 percent of the cost of the home, up to $8,000.
Existing home owners, or those who recently sold their home, may also now qualify for a tax credit of up to 10 percent of the cost of a new principal residence. This new credit is capped at $6,500. “Repeat” home buyers must have been living in the home they currently own (or previously owned) for five consecutive years out of the eight years prior to buying the new home.
Many buyers in markets with a higher cost of living didn’t qualify for the earlier tax credits due to the income limits. Those have been increased and now single taxpayers with incomes up to $125,000 and married couples earning up to $225,000 may be eligible for a full credit. Home buyers earning up to $20,000 more than the limit may be able to claim a partial credit.
Both first-time and repeat buyer credits can only be used with the purchase of a home that will be the buyer’s principal residence. It cannot be claimed for the purchase of a vacation home or property to be used as a rental. Homes purchased for more than $800,000 are not eligible.
NAHB has created a Web site at www.federalhousingtaxcredit.com to provide information about the housing tax credits. It provides basic information about the first-time and repeat buyer credits, detailed question and answer sections, and links to additional home-buying resources.
The new tax credits, combined with today’s near record-low interest rates and competitive home prices, make it an ideal time to buy if you’ve been considering moving up, downsizing, or just moving into a home more suited to your current lifestyle.
Contact your local home builders association office to find a professional builder in your area. To see the list of offices click here.
