Tyler Area Builders Association
TRCC Requires Inspections of Homes Built Outside City Limits
According to the TRCC, the purpose of this new law is to ensure that homes being built "are in greater compliance with the accepted residential building standards, safer, and with fewer construction defects."
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TRCC Expands Its Reach Into Unincorporated Areas
Paul Cauduro, Director of Government Relations
The Home Builder

The recent changes to the Texas Residential Construction Commission (TRCC) adds a mandate that code inspections be performed on every new home construction and remodeling project built in unincorporated areas of the state or in municipalities that do not conduct such inspections, if the project is required to be registered with the Texas Residential Construction Commission. The mandate for inspections begins September 1, 2008.

The law requires inspections at the following stages of construction, if they are part of a project: foundation, framing and mechanical systems and a final inspection upon substantial completion of a project. If the home is located in an unincorporated area where windstorm insurance coverage is available (typically the Costal Counties of Texas), the builder or remodeler must also comply with the Texas Department of Insurance rules and if required, obtain a windstorm certification.

Builders must use a Texas-licensed professional engineer; a Texas-licensed architect; a professional inspector licensed by the Texas Real Estate Commission; or a third-party inspector registered with the commission to conduct the inspections. The commission currently is developing an online reporting system that inspectors will be able to use to file inspection reports.

The new inspection program will help ensure that home or remodeling projects, regardless of where construction occurs, meet certain standards, and the commission will periodically conduct spot checks across the state to make sure inspections are occurring and will send certificates to homeowners and builders, if the inspections are passed and reports are filed timely.

To view the TRCC web site, available in both English and Spanish, go to www.trcc.state.tx.us.

Home Builders Association of Greater Dallas

Thefts Hike Builders' Liability Insurance Rates

The National Association of Home Builders (NAHB) estimates that losses of materials and appliances at home building sites have increased to over $1 billion annually in the United States inflating the cost of a home by 1.5% or around $4000. Theft from houses that are nearing completion is one of the biggest concerns for contractors and real estate agents today. Not only does it cost money in stolen goods, it's causing liability insurance for builders to quickly rise.
On May 28, Hotchkiss Insurance Agency (HIA) of Dallas, announced the following plan for Great American Insurance Company (GAIC) policy holders:

GAIC will reimburse policyholders up to $10,000 for a reward the insured paid to an individual who helped to find the person or persons responsible for certain crimes. Under this program, the information provided by the individual must have led to the arrest and conviction of a person or persons who committed a crime that resulted in a “loss” to Covered Property that Great American paid to the insured under their policy Coverage Form.

For more information about GAIC’s $10,000 reward/reimbursement offer contact Kaycie Berley via email at kberley@hiainc.com or call (972) 512-7728. For more information about GAIC visit www.gaic.com. For news and HIA information contact Susan Shahon at sshahon@hiainc.com.

 

The Local Building Economy

The May/June 2008 Issue of Texas Builder magazine features a section on Tyler in a piece titled:
“Mixed Messages: Local EOs Opine on Current State of Things.”

The article, which lists TABA EO Kathey Comer, discusses current economic issues affecting the local building industry.

“According to the Tyler Area Builders Association, Tyler-Smith County housing statistics held their own and even improved in some areas in East Texas during 2007. Smith County property values increased about 9 percent last year while the city tax rate decreased 11 percent and the public school tax rate decreased 18 percent. This has made the Tyler area a very popular place to build. As a result, residential building permits increased from 590 in 2006 to 600 in 2007. This is in sharp contrast from what we hear nightly on the news.

“While much has been said about the slowdowns taking place in home sales nationwide, this is not indicative of what is happening in Tyler,” said Vic Thompson, president of the Tyler Area Builders Association. “This year I have more houses and more value going on than I’ve had in the 15 years I’ve been building,” he added.

According to Nancy Barron, vice president of the Tyler Area Builders Association, “The Tyler market is attractive for what it offers in home prices as well as in the cost of living. While we had a good year in 2007, business has picked up in the last couple of weeks. We’ve had more traffic through our houses sitting on the ground and more calls to our office.”

Texas Builder is the official publication of the Texas Association of Builders

City of Tyler Code Enforcement
Building Inspection Department Announcement, February 14, 2008

Critical Immigration Information: Use New Form I-9 for Employee Eligibility Verification

Announced in November, 2007, employers must utilize a new revision of the Employment Eligibility Verification Form (I-9). These changes are authorized by The Department of Homeland Security’s Immigration and Customs Enforcement Agency (ICE), formerly the INS.
For new employees, employers must not use earlier versions of Form I-9 but should start using the revised Form I-9 immediately. Both the revised form and the “Handbook for Employers, Instructions for Completing the Form I-9” are available online at www.uscis.gov.
An ICE investigator could show up unannounced at a worksite, but the investigator cannot demand an immediate production of I-9 records. Under the law, an employer is entitled to receive a 3-day notice prior to an I-9 audit and could face penalties of $100 to $1,100 per infraction.
According to a list of Frequently Asked Questions compiled by the National Association of Builders, there are ways to lessen penalties for unintentional paperwork violations: “Mitigating factors are considered, including the size of the employer, the employer’s good faith, a good compliance history, the seriousness of the violation at hand, and whether the employee listed on an incomplete or inaccurate I-9 is actually authorized to work.”
More information related to builder employers can be found at: www.NAHB.org. After registering on the site, search on Immigration.
Update on the TRCCA & Residential Construction Litigation from Texas Bar Journal.
Stormwater Pollution Prevention Plan (SWPPP) Guidance for Construction Operators

EPA’s Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites, is an easy-to-read reference for construction site operators who require National Pollutant Discharge Elimination System (NPDES) permit coverage for their stormwater discharges. The information in this guide explains the basic principles of developing and maintaining an effective stormwater pollution prevention plan (SWPPP). It can be used at most construction sites in any state, territory, or in Indian country.
In addition to the Guide, you’ll find a customizable SWPPP Template (in Microsoft Word format) to help you start writing your SWPPP. Also available is an Inspection Form (in Microsoft Word) that you can use in conjunction with your site map to conduct your regular inspections. The website also offers two “model” or “example” SWPPPs which you may use as a reference during your SWPPP development process.
To obtain an electronic copy of the Guide, SWPPP Template, sample Inspection Form and examples, visit www.epa.gov/npdes/swpppguide. For printed copies, please contact EPA’s publication warehouse (National Service Center for Environmental Publications) at 1-800-490-9198 or nscep@bps-lmit.com, and reference EPA’s document control number (EPA-833-R-06-004) in your request.
A limited number of Guides are available at the TABA office.