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  Text Version    RSS    Unsubscribe    Archive    Media Kit June 17, 2016

       CALENDAR   |  TAB WEBSITE June 2016 Issue      




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In this issue:
 
 


ASSOCIATION HAPPENINGS AND INDUSTRY NEWS


CUTOFF DATES FOR DISCOUNTED SUNBELT HOTEL AND REGISTRATION NEARING
TAB
Less than a month remains before the cutoff dates for discounted hotel and registration for the 2016 Sunbelt Builders Show™. Everyone is encouraged to register for the Show and book hotel rooms before special rates expire. Builders, developers, remodelers and students are granted free admission to the Show if they register by July 12. The Show's room block at the Gaylord Texan is nearing 80 percent sold out. After making your hotel reservation, click over to the Sunbelt registration page to register for this year's Show!
  • Free registration for all builders, remodelers and developers
  • Gaylord Texan room rate of $215/night
  • A $50 discount for non-exhibiting associates (normally $150)
  • Discounted tickets to the HOMEPAC FUNdango, the Star Awards Reception & Presentation and the Young Professionals Get Together
Here's your opportunity to view this year's Sunbelt and Texas Association of Builders schedule.


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TICKETS ON SALE FOR HOMEPAC FUNDANGO, STAR AWARDS AND YOUNG PROFESSIONAL EVENTS
TAB
Event tickets for the 2016 HOMEPAC FUNdango, Star Awards Reception & Awards Presentation and the very popular Young Professionals Get Together are available for purchase. The three events will be hosted in conjunction with the Sunbelt Builders Show™ at the Gaylord Texan in August. Advance tickets can be purchased by logging onto SunbeltBuildersShow.com and registering for the Show.

The family-friendly FUNdango includes entertainment, food, beverages and FUN for all ages on Tuesday, August 2 at 6:30 p.m. This outdoor event also hosts the 3rd Annual Statewide Washers Championship. Winning teams from the local HBA washers tournaments will compete for the coveted championship belt buckle. In addition, two-person teams may also buy in to play. Ticket proceeds benefit HOMEPAC, Texas Association of Builders political action committee. Corporate donations are not accepted.

TAB is proud to honor the Star Awards and Excellence Under 45 winners on Thursday, August 4. The cocktail reception and presentations of awards start at 5:30 p.m. The winners represent the best in the housing industry.

The Young Professionals Get Together sold out in record time last year and we expect the same great turnout this year, so don't delay in reserving your spot. The event will be hosted on August 3 at 9 p.m. at the Texan Station Sports Bar inside the Gaylord Texan.

Click here to purchase tickets.

Thanks to the following sponsors: Aliana Development, Environments for Living, Expression Home Gallery, Friendswood Development Company, Ingersoll Rand, Natural Gas Utilities of Texas, StrucSure Home Warranty, Texas Home Builders Safety Group and Wells Fargo Home Mortgage.

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TAB SUMMER BOARD OF DIRECTORS MEETING
TAB
The Texas Association of Builders will host its Summer Board of Directors Meeting in conjunction with the 16th Annual Sunbelt Builders Show™ on August 5 at the Gaylord Texan in Grapevine, Texas.

During this meeting, the Texas Housing Hall of Honor Board of Governance will announce the 2016 honorees for the November induction. In addition, the Excellence Under 45 Award winners will be acknowledged along with the winners of the membership challenges.

Members are urged to make their
hotel reservations now as the Show's room block is near capacity. You may register for the meetings online at SunbeltBuilderShow.com. The Sunbelt Builders Show™ room block rate is $215/night and early bird deadline for this rate is Sunday, July 10, 2016 or until the room block is sold out.

Call (512) 539-2562 or email Angelica@TexasBuilders.org for sponsorship opportunities.


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HOMEPAC FUNDANGO AND WASHERS TOURNAMENT SET FOR AUGUST 2
TAB
The 2016 HOMEPAC FUNdango is an event you don't want to miss! The family-friendly FUNdango includes entertainment, food, beverages and FUN for all ages. This outdoor event also hosts the 3rd Annual Statewide Washers Championship on the grounds of the Gaylord Texan in Grapevine, Texas. Winning teams from the local HBA washers tournaments will compete for the coveted championship belt buckle. In addition, two-person teams may also buy-in to play.

THINGS TO KNOW ABOUT THE STATEWIDE WASHERS TOURNAMENTS
Here are some important details that you need to know before you start pitching in Grapevine: two tournaments will take place at the HOMEPAC FUNdango — 1) statewide championship 2) buy-in tournament.
  1. State championship: to participate you must be the winning team (a team consists of two people) from your local HBA’s qualifying tournament. The cost for the two players participating in the statewide tournament is a $125 per person ticket to the FUNdango. Each team member must purchase their ticket to the FUNdango online at www.sunbeltbuildersshow.com.
  2. Buy-in tournament: purchase a $60 per team (a team consists of two people) entry by contacting Lorraine at TAB (Lorraine@TexasBuilders.org or 512.476.6346). Buy-in team members must also purchase their tickets to the FUNdango for $125 each online at www.sunbeltbuildersshow.com. (Buy early because July 13, FUNdango tickets are $150 and buy-in tournament tickets are $70 per team.) If space is available, team buy-ins may be purchased at the FUNdango.
Ticket proceeds benefit HOMEPAC, TAB's political action committee. Corporate donations are not accepted.

    Beverage Sponsors — Bonded Builders Warranty Group and Environments for Living Food Sponsors — First American Title, NRP Group and Texas Capital Bank Friend Sponsors — HBA of Greater Austin, BA of Corpus Christi, Dallas BA, East Texas BA, BA of Greater Fort Worth, Greater Houston BA, Rio Grande Valley BA, HBA of San Angelo, Temple Area BA, Texas Panhandle BA, Tyler Area BA, Greater San Antonio BA, BA of Victoria and West Texas HBA

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JOIN THE YOUNG PROFESSIONALS GET TOGETHER ON AUGUST 3
TAB
Mix, mingle and build relationships with the next generation of building industry leaders at the largest gathering of young professionals from across Texas at the Young Professionals Get Together. The Texas Association of Builders will host the event on August 3 at 9 p.m. at the Texan Station Sports Bar inside the Gaylord Texan in Grapevine.

Purchase your tickets at SunbeltBuildersShow.com. Prices are as follows:
  • Under 45 — $20 ($40 after July 12 and onsite)
  • Over 45 — $50 ($75 after July 12 and onsite)
All proceeds from ticket sales to the YP Get Together will be donated to the Texas Builders Foundation, the charitable arm of the Texas Association of Builders. Donations allow the Foundation to award scholarships and work with building-related charities and organizations. The Texas Builders Foundation is a 501(c)(3) charity. All contributions to the Foundation are tax deductible.

Thanks to the following sponsors: Environments for Living, Ferguson, Fox Energy Specialist, McCoy's Building Supply and Wilsonart LLC.

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TIME IS A TICKING TO RESERVE YOUR BOOTH AT THE SUNBELT BUILDERS SHOW™
TAB
The Texas Association of Builders expects its third straight sold out Sunbelt Builders Show™, August 3–4, 2016. The Show will connect you with thousands of qualified buyers all searching for new products and services in the ever growing residential construction market. Sales are already ahead of schedule with more than 270 booths sold for the Show at the Gaylord Texan. Last year's event hosted 270 booths, 70 more than 2014, and this year's Show is expected to grow to 300 booths. The Show will help attendees grow their business by providing exceptional value and knowledge. We encourage you to tour the Show floor and select your booth online today at SunbeltBuildersShow.com.

Click here to see a list of current exhibitors. (as of June 1, 2016)

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MAJOR VICTORY FOR PROPERTY RIGHTS AND HOUSING AFFORDABILITY: TEXAS SUPREME COURT RELEASES BIZIOS OPINION
TAB
On May 27, 2016 the Texas Supreme Court released its opinion in the Town of Lakewood Village v. Bizios. In doing so, the Court affirmed the Court of Appeals for the Second District of Texas' finding that the Texas Local Government Code does not grant general-law municipalities the power to enforce building code ordinances within their respective extraterritorial jurisdictions (ETJ). The fact pattern for the case involved an overzealous city that was enforcing its building codes and sizeable fees on a homeowner in the city's ETJ, where property owners do not receive city services nor have the right to vote in city council elections. This decision is a major victory for private property rights and housing affordability, and makes it clear that the only express power granted by Texas Local Government Code sections 212.002 and 212.003 is the authority to enforce plating and subdivision ordinances (and not building codes) in a city's ETJs. Support for the case was provided by the Texas Association of Builders, the Dallas Builders Association and the Greater San Antonio Builders Association. The full opinion can be found here: http://www.txcourts.gov/media/1378446/150106.pdf
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OVERVIEW NAHB-OSHA CONFINED SPACES RULE SETTLEMENT — MAY 2016
TAB
The National Association of Home Builders ("NAHB") has reached a settlement with the Occupational Safety and Health Administration ("OSHA"), resolving NAHB's legal challenge to OSHA's Confined Spaces in Construction final rule, issued May 4, 2015. NAHB and TAB filed a Petition for Review of the rule in the U.S. Court of Appeals for the Fifth Circuit.

The settlement, reached after months of negotiations with the Agency, clarifies that the rule has a very limited application in the residential homebuilding industry. OSHA has published a lengthy set of "Questions and Answers" ("Qs and As") that describe application of the rule to common spaces in the residential homebuilding environment, such as attics, basements, and crawl spaces. The entire Qs and As are published here: https://www.osha.gov/confinedspaces/.

The Qs and As define "residential home building" or "residential home construction" as work on any residence being built using traditional wood frame construction materials, methods, and procedures that are typical to single-family home or townhouse construction. Traditional wood frame construction materials and methods include (1) framing materials — wood (or equivalent cold-formed sheet metal stud) framing (not steel or concrete), wooden floor joists and roof structures; (2) exterior wall structure — wood (or equivalent cold-formed sheet metal stud) framing or masonry brick or block; and (3) methods — traditional wood frame construction techniques. Work on multifamily residences may also be considered "residential home building" or "residential home construction" provided that the work similarly meets these criteria.

Application of the Rule Limited in Residential Home Building
The Qs and As clarify that the vast majority of the rule's requirements only apply to permit-required confined spaces; attics, basements, and crawl spaces in a residential home will not typically trigger these requirements. They also clarify that the mere presence of physical hazards (such as electrical equipment and mechanical hazards) in a space in a residential home would not make the space a permit-required confined space under the rule. The presence of physical hazards would only make a space a permit-required confined space if an entrant has exposure to a serious hazard and the exposure could impede the entrant's ability to exit the space without assistance.

Attics will Rarely Be Considered Permit-Required Confined Spaces
In guidance material issued by OSHA shortly after the rule was published, OSHA suggested that attics in residential homes could regularly be considered permit-required confined spaces. The Agency has since withdrawn the OSHA Fact Sheet on "Confined Spaces in Construction: Crawl Spaces and Attics." Instead, the Q and As now clarify that attics will rarely be permit-required confined spaces as they typically do not contain the types of hazards or potential hazards that make a confined space a permit-required confined space. OSHA also clarifies that the performance of duties outside of an attic would rarely turn a "confined space" into a "permit-required confined space" because that work is unlikely to create a hazardous atmosphere or physical hazard in the attic that could impede the ability of an entrant to safely exit the space without assistance. The Qs and As also state definitively that the presence of asbestos in a confined space in a residential home would not trigger the permit-required confined space requirements.

Initial Evaluation of Space Does not Require a Physical Survey
The rule requires an employer to conduct an initial evaluation of a confined space to determine if it is a permit-required confined space as defined by the rule. OSHA clarifies in the Qs and As that this evaluation does not require a physical survey of the space. Instead, the evaluation requirement may be met through existing experience and knowledge of the space, provided this information is adequate to make the determination required by the rule.

Multi-employer Communication Provisions Limited
Paragraph (h) of the final rule includes requirements that host employers, controlling contractors, and entry employers communicate with each other regarding the presence of hazards in permit-required confined spaces. The Qs and As also clarify the limited nature of these communication provisions. The rule only requires a host employer to communicate the information in paragraph (h) if it is known by the host employer and does not require the host employer to perform a separate assessment to gather the information. In addition, the communication provisions only require host employers to convey information to a controlling contractor through reasonable means. There is no requirement in the standard for the host employer to verify that the information has been received by the controlling contractor or transmitted to entry employers by the controlling contractor. If the controlling contractor (i.e., general contractor) owns or manages the property, then it is both a controlling employer and a host employer.

The Qs and As also make clear that multiple communications of the information in paragraph (h) between employers on a residential home building site (whether at a single home building site or a site with multiple homes being constructed) are unnecessary where the potential hazards of confined spaces remain the same or substantially the same, as long as any minor differences between the spaces are not relevant to which provisions of the standard apply.

With this settlement, OSHA has agreed to provide the Qs and As to its Regional Offices, to the State Plan Programs, and to publish it on its webpage. OSHA will also incorporate the Qs and As into its compliance directive for the rule.

For more information, visit NAHB's Confined Spaces in Construction Toolkit.

Other links to view: Confined Spaces Litigation Settlement and Confined Spaces (U.S. Department of Labor)

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TAB SPONSORSHIP CORNER — MARKETING MATTERS
TAB
Create an excellent advantage for your company! Get your company name in front of thousands of home builders across the state of Texas. Check out the sponsorship opportunities for upcoming Texas Association of Builders events and programs and get well deserved recognition and marketing benefits all while supporting an incredible industry.
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