In good news received by our members while at the builders’ show, OSHA’s Director of Construction, Jim Maddux, announced during an appearance at our Construction Safety and Health Committee meeting  that his agency would extend its temporary policy regarding enforcement and compliance of the fall protection requirements for residential construction. This welcome development is a direct result of a meeting that NAHB’s Senior Officers and staff recently had with the White House’s regulatory czar, Cass Sunstein, in which we respectfully asked for his assistance in reducing compliance uncertainties regarding fall protection.

Originally issued in September 2011 and set to expire in March 2012, the policy outlines the steps OSHA is taking to highlight the fall protection issue and provide assistance to those needing help in developing and implementing compliance strategies. The extension means that now through Sept. 15, 2012:

1) OSHA will make it a priority to provide compliance assistance to the residential construction industry;

2) OSHA will allow an up-to-10% “good faith” reduction in penalties if builders can demonstrate they have taken steps to reduce fall hazards;

3) OSHA will allow residential construction employers at least 30 days to correct fall protection violations identified during an inspection; and

4) All proposed citations will be submitted to the OSHA Regional Offices to ensure consistency and clarity.

OSHA’s willingness to extend this policy demonstrates its recognition of the challenges that many builders face in complying with this standard and provides much-needed time to fully understand what must be done to protect workers. For more information, please see this page on OSHA’s website, visit NAHB’s dedicated webpage at http://www.nahb.org/fallprotection, or contact *protected email* at 800-368-5242 x8507.

The exemption from the CSPA begins with written contracts greater than $25,000.  Where no homebuilder association has established workmanlike standards, standards adopted by OHBA will establish the standards.

To be exempt from the CSPA, the builder must carry general liability insurance of at least $250,000.

We agreed to work with committee members on suitable licensing standards for contractors so to provide protection from unscrupulous contractors in future legislation.

Otherwise, the bill creates procedures for home construction contracts, but without mandatory treble damages and application of standards from the Public Inspection File, in the office of the Attorney General.

The vote is impressive and indicates strong bipartisan support.  The bill now moves to the Senate where the process starts over again with the bill as approved by the House as the starting point.  Despite all the favorable action to date, some challenges exist.  A senator has drafted legislation to be introduced resulting from a dispute with her builder.  Aside from licensing requirements, the bill requires 20% of the contract price be held in escrow for two years to pay for construction defects.

Elliot F. Eisenberg, Ph.D.
GraphsandLaughs, LLC
*protected email*
Cell: 202.306.2731

• Discount pricing on the latest tablets, including the Samsung Galaxy for $149.99, Motorola’s Droid XY Board for $379.99, and Samsung Galaxy Tab 10.1 for $479.99.
• Smartphones compatible with Verizon’s 4G network: Motorola’s Droid Bionic for $149.99, the Samsung Stratosphere for $49.99, and the Pantech Breakout for free.
• Deals on Push-to-Talk devices. You can get Casio’s GZ One Ravine for $39.99, and the Samsung Convoy 2 for free.

As always, eligible members receive NPP discount pricing of 22% on calling plans, and data and e-mail features for $20/month. Your employees can also receive 18% off their personal calling plans of $34.99 or higher.

For more details on these and other offers, visit our promotions page and view the Verizon Wireless information.

If you would like to further discuss your NPP membership, feel free to contact us directly at 800.810.3909 or email *protected email*.

Federal Reserve Chairman Ben Bernanke will be speaking at the 2012 International Builders’ Show (IBS) on Friday, Feb. 10.

NAHB members who are not able to attend the IBS will be able to watch his address live at www.nahb.org/Bernanke.

Live streaming enables anyone to view Bernanke’s remarks at www.nahb.org/Bernanke in real time. No registration or log in is required to view this event.

IBS attendees can hear Bernanke’s remarks during a special session at the NAHB board of directors meeting, 12:30 p.m. ET on Friday, Feb. 10, in the Valencia Ballroom, Orange County Convention Center, in Orlando. Seating is available on a first-come, first-served basis.

The Federal Housing Administration on Dec. 28, 2011 announced that it is extending a temporary waiver of its “anti-flipping rule,” which, with certain exceptions, prohibits a mortgage from being insured on a home owned by the seller for less than 90 days.

The FHA initiated the waiver in 2010 and originally extended it through Jan. 31, 2011, in an effort to help stabilize home values and improve conditions in housing markets with high foreclosure rates by accelerating the resale of foreclosed-upon homes. The new extension is effective through Dec. 31, 2012 — unless the FHA decides to withdraw it or extend it again.

The extension will enable buyers to continue to use FHA-insured financing to purchase properties owned by HUD or banks or resold through private sales.

Since the original waiver went into effect in February 2010, FHA has insured nearly 42,000 mortgages worth more than $7 billion on properties resold within 90 days of acquisition.

The FHA said that its research has found that in today’s market acquiring, rehabilitating and reselling foreclosed properties can often take less than 90 days.

“This extension is intended to accelerate the resale of foreclosed properties in neighborhoods struggling to overcome the possible effects of abandonment and blight,” said Acting Federal Housing Administration Commissioner Carol J. Galante.  “FHA remains a critical source of mortgage financing and stability and we must make every effort to promote recovery in every responsible way we can.”

Prohibiting the use of FHA mortgage insurance for a subsequent resale within 90 days of acquisition adversely impacts the willingness of sellers to allow contracts from potential FHA buyers because they must consider holding costs and the risk of vandalism associated with allowing a property to sit vacant over a 90-day period of time.

To protect FHA borrowers against the predatory practice of quickly reselling a property at an inflated price to an unsuspecting borrower, the waiver is limited to sales meeting the following conditions:

• The transactions must be at arms-length, with no interest between the buyer and the seller or other parties participating in the sales transaction.
• In cases where the sales price of the property is 20% or more above the seller’s acquisition cost, the waiver will only apply if the lender meets specific conditions.
• The waiver does not apply to the reverse Home Equity Conversion Mortgage (HECM).

To read FHA’s anti-flipping waiver in the Federal Register, click here.

For more information, email *protected email* or call him at 800-368-5242 x8597

 There have been recent BWC premium discount and program changes. If you are confused, you are not alone. Employers are faced with more complex decisions than ever before when determining their company’s best workers’ compensation cost savings options. The OHBA has a partnership with CareWorks Consultants, one of Ohio’s largest workers’ compensation service companies, to assist our members in making these difficult business decisions. It is free to compare, and the benefits can be substantial.

Savings

• Multi-tiered traditional and multi-tiered retrospective group rating programs enable you to receive the highest potential premium savings. Group members have seen more than a 500% Return on Investment.

Professional Consultation

• CareWorks Consultants will help you determine the most effective cost savings programs such as 100% CAP Program, One Claim Program, Deductible Programs, Drug Free Safety Program and salary continuation.
• If your company does not qualify for the traditional group rating program CareWorks Consultants will assist you with available alternative discount programs.

Best in Class Service

• Group members receive claim management, rating and hearing representation services.
• 2012 group members automatically receive unemployment consulting services.
• Safety training is available to help you meet OSHA and BWC requirements.

Supports the OHBA

• Your participation in this program helps support the OHBA which is your industry advocate.

To learn how much you can save on your workers’ compensation premium, please fill out the AC-3 form in this fax packet and return it to CareWorks Consultants/ fax 888-837-3288.  If you have any questions or would like to discuss receiving a quote, please contact Bob Nicoll with CareWorks Consultants directly at (800) 837-3200 ext.8595 / *protected email*.