Tyler Area Builders Association

From NAHB - Eye on Housing Blog | Building Materials Data | Construction Statistics

OSHA Model Safety Program for your business - Purchase from NAHB using your member PIN.

Sample Fall Protection Plan Template pdf version - Word version

NAHB: Improving Markets Index Expands to 30 Metros in November

November 7, 2011 - The number of improving housing markets continued to expand for a third consecutive month in November, rising from 23 to 30 on the latest National Association of Home Builders/First American Improving Markets Index (IMI), released today. The list dropped two metros and added nine new ones – Cheyenne, Wyo.; Corpus Christi, Tex.; Davenport, Iowa.; Fort Collins, Colo.; Hinesville, Ga.; Lima, Ohio; Monroe, La.; Tyler, Tex.; and Williamsport, Pa. Click here for entire article.

OSHA Compliance Deadline for Fall Protection Requirements

Fall protection systems requirements are in effect as of Sept. 16, 2011. The rule, Fall Protection Compliance Guidelines for Residential Construction, has been in place since 1995; however, employers must now provide conventional fall protection systems to protect employees engaged in residential construction activities six or more feet above a lower level. Compliance enforcement of the original requirements will continue during the phase-in period.

TABA has a class on this topic scheduled Oct. 10, 2011. To register visit that date on the Calendar of Events.
NAHB has reference material on OSHA requirements - Click here - as well as two fall protection products published by BuilderBooks: A Fall Protection Video used to train workers and the NAHB-OSHA Fall Protection Handbook, English-Spanish. To place your order visit www.builderbooks.com/safety. Discounts for bulk orders.

Disaster Remediation

From TAB: With the devastating wild fires across the state, it is important that builders and remodelers be aware of HB 1711, which became effective September 1 of this year. The bill applies to contractors who remove, clean, sanitize, demolish, reconstruct, or otherwise treat improvements to real property as a result of damage or destruction to that property caused by a natural disaster.  Specifically, it requires that a "disaster remediation" contract must be in writing and prohibits a "disaster remediation contractor" from requiring payment prior to beginning work or charging a partial payment in any amount disproportionate to the work that has been performed. However, the statute exempts contractors that have held a business address for at least one year in the county or adjacent county where the work occurs. This is one of the major updates of the 2011-2013 TAB Contracts Package that is available for purchase and ready to ship. As these tragic fires are put under control and the rebuilding begins, members must be aware of the new statutory contract limits on those who have not had a business address for at least one year in the county or adjoining county of the disaster. Ignoring these requirments could result in a deceptive trade practices violation.  Please see HB 1711 below for details. To purchase the 2011-2013 TAB Contracts Package, call 903-561-3964.

EPA Enforcing Lead Paint Rule

If you have been waiting for the EPA to begin fining companies for lead-related violations, it has happened, according to Houston Builder magazine (May, 2011). "If you scrape, sand, abrade, cut a hole in, puncture, remove or demolish any painted or suface-coated component, you have 'disturbed' that surface," the magazine reports. Affected by this EPA regulation is anyone who disturbs paint on pre-1978 target housing and child-occupied facilities.

These lead paint safety requirements are set by the U.S. Environmental Protection Agency. Any company doing work in these homes must be certified, follow specific work practices and keep detailed records.  At least one employee in these companies must be trained in these new requirements as of April 2010.

Tyler Junior College is holding the all-day RRP class on June 15 and August 10 for $299. Click here for the flier. Call 903-510-2900 to register for the class.

Previous information on this subject from NAHB:

   

OSHA ‘Impromptu’ inspections to increase

Be forewarned—OSHA is increasing its enforcement actions on homebuilding sites across Texas!!

The current OSHA administration has stated that stepped-up enforcement is high priority—and that the agency is definitely “back in the enforcement business”. OSHA’s new Assistant Secretary of Labor, David Michaels, has stated that OSHA’s goal is to “shame employers into compliance”. 
 
The following list is Not All-Inclusive of OSHA Regulations:
1. Example of Sub-contractor Responsibility agreement concerning OSHA regulations on residential job sites.
2. OSHA Safety Checklist – Not All-Inclusive.
3. NAHB Bookstore has NAHB-OSHA jobsite safety handbooks and Construction Safety Program Manual – a guide for home builders and Contractors you can purchase. www.builderbooks.com/safety
Or 1-800-223-2665.
 The responsibility statement does not mean that a builder will not receive citations for failure to ensure that working conditions are safe. The agreement requires the subs to follow the builder’s safety rules; therefore the builder should ensure that they havesafety rules and that they have a method to ensure that the subs follow them.
OSHA Job Site Inspections can start anytime. It’s the law NOW! Please get in compliance.
 
 
 
 

Construction Tax Center - Helpful IRS Links

Tax Tips - Construction
This section provides important information on topics such as accounting methods, excise taxes, and energy credits.

Related Links - Construction
This page provides you links to sites that have specific information dealing with construction.

Construction Industry Fact Sheet by Criminal Investigation (CI)
Special agents of IRS Criminal Investigation have investigated and recommended to the Department of Justice for prosecution several individuals involved in the construction industry.

First-Time Homebuyer Credit
The American Recovery and Reinvestment Act of 2009 expands the first-time homebuyer credit to include purchases made before Dec. 1, 2009.

General Information for Businesses

Tax Information for All Small Businesses
This section provides general small business information useful in all industries and professions. It includes links to small business products, employment taxes, electronic filing and paying, taxpayer burden reduction, abusive tax avoidance transactions, and many other topics.

Worker Classification (Independent Contractors vs. Employees)
Are you or your help independent consultants or employees? Before you can know how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services.

Avoiding Problems: This section contains important information on recordkeeping and warns you of fraudulent schemes.
TRCC Sunset: What it Means for Texas Builders

The Texas Residential Construction Commission began to fade away August 31, 2009. What does this mean for builders? No TRCC means that registration of builders and statutory warranties and performance standards are no longer required. However, all Texas home builders and remodelers are encouraged to include these provisions in contracts. The Texas Association of Builders has released new Contract Packages available on CD to TABA members. These contracts include these provisions.

Code requirements in unincorporated areas of the state have gone away along with the TRCC. However, the Texas Legislature recently passed HB 2833, which allows certain counties to require application of the provision of Subchapter 233 of the Texas Local Government Code.

The code requires builders to notify a county of:

  • The beginning of construction
  • Which code you will be constructing to - either the county's adopted code or the 2006 International Residential Code
  • Three inspections by a third party inspector
  • Construction completion

Click here for information about continuing education for builders.