Regulatory Affairs

TAB staff continuously monitors regulatory changes and new rule postings. When changes are proposed, TAB staff and members participate in the process by providing comments and testimony in an effort to keep the industry free from excessive regulations and fees.

Topics/Resources/News

The TAB staff works closely with elected state officials and regulatory agencies in the development and adoption of regulations, codes and standards for housing with the goal of creating safe, quality and common sense construction standards.

New OSHA worker educational publication on protection from noise in construction

February 1, 2012 from QuickTakes Volume 11, Issue 3 - the bimonthly OSHA Newsletter for the USDOL OSHA 
 

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 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.
 

Energy Code Changes Proposed for Texas beginning January 2011

May 2010 - After much work on the part of TAB and its membership, the State Energy Conservation Office (SECO) has proposed an update to the state energy codes favorable to TAB’s position on the issue. The proposed rule, published in the March edition of the Texas Register, will update the energy code for one and two family homes, duplexes and townhomes to the energy chapter of the 2009 IRC. SECO has proposed that the statewide energy code be the 2009 IRC for single family homes beginning January 2012 and the 2009 IECC for all other residential construction beginning January 2011. The rule change was published in the March edition of the Texas Register.

Since the change to a new energy code is six months away for multi-family and attached product builders, it is prudent to thoroughly examine the new codes as well as the product design and construction practices currently being used in anticipation of the pending changes. For detached single family home builders, the 2012 date should provide enough lead time to implement changes to both product and practice. However, where builder and code official training has occurred, and where the supply of independent testers is adequate, a municipality may make the move to the 2009 code in advance of the January 2012 statewide mandate. Click here to read more.
 

Lead Paint Amendment Announced

On April 23, the U.S. Environmental Protection Agency announced release of an amendment to the Lead: Renovation, Repair and Painting rule that removes the opt‐out provision for pre‐1978 homes without pregnant women or children under age six in residence.

The amendment also instructs contractors to provide a copy of the records required under the rule to be shared with home owners within 30 days of completing the remodeling work.

The amendment goes into force 60 days from its publication in the Federal Register, which has not yet occurred. NAHB expects publication in the Federal Register sometime in the next few weeks, so the estimated effective date to remove the opt‐out is the beginning of July. Once the exact date is determined, NAHB will update its members.

Nevertheless, all provisions of the Lead: Renovation, Repair and Painting rule went into effect on April 22, which requires remodelers and other contractors disturbing painted surfaces in pre‐1978 homes attend the required training and submit firm certification. The rule also dictates lead‐safe work practices, pre‐renovation consumer education, and record keeping practices.

The amendment to the rule goes into effect in July 2010 and

• Removes the opt‐out provision. Under the current rule, owner‐occupied pre‐1978 housing units (i.e., not inclusive of rental properties) where no pregnant women nor children under age six, nor a property qualifying as a “child occupied facility” (such as a day care facility) could sign a waiver. The remodelers must keep a record of the waiver for three years, which waives the implementation of the work practices dictated by the rule. The new amendment to the regulation that goes into effect in July revokes the opt‐out completely. All work in pre‐1978 must then follow all work practices dictated by the regulation as of the effective date in July.
• Requires remodelers to share rule compliance records with customers. Remodelers will have to share a copy of the compliance records required for remodelers under the regulation (such as the checklist of followed practices) with home owners within 30 days of completion of the work.

The EPA has also given advanced notice of additional plans to change the lead rule as a direct result of a voluntary legal settlement with several environmental groups that challenged the original regulation. Specifically, rule makings will be conducted to:

• Require abatement‐style dust wipe testing and share results with home occupants and owners. This rule change will apply to certain remodeling activities and require the contractor to achieve the EPA’s strict numerical limits for lead dust levels on window sills, window troughs, and floors. The EPA’s numerical lead dust standards are the same as those dictated to leadbased paint abatement firms for achieving “clearance” under EPA’s abatement rules. Depending on the outcome of this upcoming amendment, remodelers and other contractors may also be subject to additional regulatory restrictions at the state and local level triggered by the knowledge of disturbing lead‐based paint. After this proposal is published, it will be out for a 60 day comment period with the goal of completing and finalizing this rule change in July 2011.
• Apply the lead rule to public and commercial buildings. The EPA plans to amend the rule to expand its scope over both public and commercial buildings. NAHB will follow this development but expects the proposal to come out after the clearance testing amendment.

Rule Enforcement
EPA Assistant Administrator Owens visited the NAHB Remodelers Board of Trustees meeting last week to answer questions about the lead paint regulation effective April 22. He explained that the EPA will not take enforcement action against firms that in good faith submitted firm certification paperwork before April 22 but have not received official approval yet from EPA. A copy of the letter is available for download. However, the EPA will still be taking enforcement actions against parties that fail to follow work practices in pre‐1978 homes.

Future Actions
NAHB is closely following the continuing actions of the EPA to amend the rule and will be commenting and asking members to submit comments on proposed rule changes.

On May 20 at 2 pm EDT, NAHB is hosting a webinar free for members about the lead rule, removal of the opt‐out, and guidance for remodelers on managing requirements of the rule. Registration for this event will be available shortly.

For more information, visit www.nahb.org/leadpaint or contact Matt Watkins at 800‐368‐5242 x8327.
 

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.
 

The EPA has posted its proposed changes to the 2011 ENERGY STAR for Homes Program. 

The changes are a result of the input it received from the first round of the public review and comment process.  EPA has opened a second round of public review and comment process through December 16, 2009.  To view the proposed revisions, revised quality checklists, EPA's response to the first round of comments, register for an online seminar about the changes or access an online form to submit your comments on the proposed revisions go to http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_2011_comments

The EPA plans to have the final ENERGY STAR 2011 guidelines posted by the first quarter of 2010.

The ENERGY STAR 2011 guidelines went into effect on January 1, 2011.
 

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