CODE COMMITTEE Thursday, April 7, :00 a.m.

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1 METROPOLITAN BUILDERS ASSOCIATION CODE COMMITTEE Thursday, April 7, :00 a.m. Committee Mission Statement The MBA s Code Committee researches, analyzes, and discusses the current regulatory climate for building in Wisconsin, and makes suggestions on changes to the state s Uniform Dwelling Code, as well as making recommendations on how to treat changes that are proposed by other entities. Further, the Code Committee emphasizes the importance of the continuing education of MBA members on building practices, with the ultimate goal of providing safe and affordable housing for citizens of southeastern Wisconsin. AGENDA I. Introductions II. NEW MBA Website III. Action Items Page 4 A. Approval of Previous Meeting Minutes Pages 2-3 B. Wisconsin s UDC Council Meeting Pages 5-19 o Review of February Meeting o Sign-up to attend Wednesday, May 4, 2011 C. Tankless Water Heater Changes Pages D. Concrete Association Proposal to WBA Follow-up from last meeting Pages E. Building Inspector Meeting Topics & Date IV. Reports Pages A. State Budget Bill Update B. NAHB Testifies about Negative Effect of Lead Paint Rules C. OSHA Fall Protection Changes V. Other Business VI. VII. Announcements Learn More or Register at Spring Tour of Homes, Condos, and Land Weekends in April 2011 Brewer s Game on the Dew Deck Membership Drive Golf Outing WBA Board Meetings Chula Vista, Wisconsin Dells Remodeler s Conference Sales & Marketing Conference Build Green WI Conference & Expo Adjourn

2 Code Committee Meeting Minutes Friday, February 4, 2011 The meeting convened at the MBA office, called to order by the Chairman, Mark Benkowski of Custom Design Associates, at 1:06 p.m. Members Present: Mark Benkowski, Bryan Tom, Alan Quick, John Baugnet, Ed Miller, Jim Rugg, Jim Marriot, Craig North, Steve Clavette, Jim Wozniak. Staff: J. Scott Mathie After introductions, the Committee reviewed the minutes from the previous meeting. A motion was moved, seconded, and approved to accept the minutes as presented. Action Items Industry Code Changes o Wall Bracing: Committee recommended that the MBA promote the language used previously (approximately 2003) before the wall bracing changes went into effect. It was further noted that the bracing calculations do not take into account the roof load, which would provide additional structural integrity. o Guardrails: Recommend 6 inch separation continuing to use the base IRC language. o Energy Code: Recommend R-5 vs. current R-10 on foundations. It was noted that ResCheck is flawed and needs improvement. o Natural Light for Egress Windows in Basement: Recommend that a standard egress window would satisfy basement natural light requirement. o Tamper Proof Outlets: Eliminate requirement o Arch fault breakers: Eliminate requirement o GFI: Recommend allowing Simplex for the following areas: sump pump, washing machine, and power-vented water heaters. Specify that Simplex would be allowed on all motor-driven appliances. o Tankless Water-Heaters: Committee recommended that staff work with Mr. Clavette on allowing for single unit applications. IRC vs. UDC Comparison Committee to get specific items to be considered for next meeting discussion to staff by Friday, February 18, Comparison to be sent to entire committee. Discuss WBA s Code Committee Agenda: Committee reviewed agenda. Did not have enough information about the Concrete Scaling proposal being offered by the Wisconsin Ready Mix Concrete Association UDC Council Meeting Sign-up: Clavette and Marriot agreed to attend the next Department of Commerce meeting in Middleton on March 2. Staff will follow-up with additional information. Reports Selling MBA Contracts & Forms to Non-Members: Board did not accept the recommendation by this committee to sell MBA Contracts & Forms to Non-Members at a higher rate Selling Industry Standard Manual by Quarterly Permit Numbers: The Executive Committee liked the idea, but at a much lower price than proposed by staff and at a flat rate. At present, this proposal is on hold until our hard copy inventories are reduced and we can figure out a way to sell the product fairly to large and small home builders. OSHA Fall Protection Changes Effective June 16, 2011: OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard Prior to the issuance of this new directive, Standard allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard. All residential construction employers must comply with 29 Code of Federal Regulations (b)(13). Where residential builders find that traditional fall protection is not feasible in residential environments, 29 CFR (b)(13) still allows

3 for alternative means of providing protection. Construction and roofing companies will have up to six months to comply with the new directive. Carbon Monoxide Alarms Now Required: As of February 1, 2011, there are Wisconsin requirements for both smoke alarms and carbon monoxide alarms in almost all one- and two-family dwellings, regardless of the building s age. Announcements MBA s Business Management Symposium Business Day in Madison MBA s Building Science & Design Conference & Expo Spring Tour of Homes, Condominiums & Land Saturdays & Sundays April 2-3, 9-10 & There being no further business, the meeting was adjourned at 2:44 p.m.

4 ACTION ITEMS Review of Wisconsin s UDC Advisory Council Meeting March 2, 2011 Permit Expiration: Language to be presented at next meeting Ramp Construction and Frost Footings: Draft Language attached Protection of Light Frame Construction: AFPA Recommendation Energy Issues -- REScheck and 2009 IECC: Attached Guidance Wall Bracing Minimum Required Length Table: Draft Language attached Wind Wash: Issue & Explanation attached Energy Efficiency: Attached Guidance Tankless Water Heater Changes Issues were raised over Wisconsin s plumbing code limiting the use of a single tankless water heater unit being used in a residential application. The code specifies a specific gallons per minute requirement based on the number of water supply fixture units. Attached is the current code section and an article about tankless water heaters. Making particular changes in this section would address the tankless issue; however, would create problems for conventional units. In August 2010, Commerce provided for an alternate to the sizing method for water heaters (attached) Below are recommended code priorities based on discussions with a plumbing contractor familiar with the code challenges of this product. Create a code section that applies ONLY to Tankless Water Heaters Eliminate gallons per minute demand Establish a standard that requires a minimum of 225 gallons an hour (note: This recommended standard would allow for mid-level and higher tankless water heater systems.

5 REPORTS Provisions in the State Budget supported by the Wisconsin Builders Association March 18, 2011 General provisions: No tax increases No fee increases 90% reduction ($2 billion) in the structural deficit (an all time low) No segregated fee transfers No layoffs or furloughs for state employees Cap county and municipal levy increase at the greater of 0% or the gain in value due to net new construction, and extend levy limits for two years. Housing specific issues: DATCP-Transfer of regulation of the following to the Department of Safety and Professional Services which will include: o Remodeling or otherwise improving residential or noncommercial property. o Basement waterproofing. o Real estate advertising. o Renting of mobile home sites and sales of mobile homes. o Renting of residential dwelling units and mobile homes. Commerce: Eliminate the Department of Commerce and transfer economic development funds and the administration of tax credit certification to the Wisconsin Economic Development Corporation. Other related transfers of functions include: o Funding and positions related to the Division of Environmental and Regulatory Services, Division of Safety and Buildings, certification for woman-owned, minority-owned and disabled veteran-owned businesses to the Department of Regulation and Licensing, which is to be renamed the Department of Safety and Professional Services. o Funding and programs related to housing to the Wisconsin Housing and Economic Development Authority. Commerce-Currently, Commerce must prepare a report on any introduced bill, which is printed as an appendix to the bill, that directly or substantially affects the development, construction, cost, or availability of housing in the state and must prepare a similar report on any proposed rule that directly or substantially affects the development, construction, cost, or availability of housing in the state. The bill transfers Commerce s and repeals Commerce s duties with respect to proposed rules (due largely because this type of report will be required as a result of the special session bill on regulatory reform). Commerce-Repeal of the regulation of thermal systems insulation installation. DNR-Provide relief to municipalities by reforming regulations for effluent limitations on phosphorous so that Wisconsin's regulations are no more stringent than neighboring states, and repealing and recreating the municipal separate storm sewer systems stormwater standard that requires communities to reduce total suspended solids by 2013, so the standards are no more stringent than federal law and take into account its cost to municipalities. DNR-Streamline regulatory authority by transferring soil erosion control regulation for commercial sites from the Department of Natural Resources to the Department of Regulation and Licensing, which is reorganized as the Department of Safety and Professional Services. DNR-Strengthen the Stewardship Program by requiring that lands purchased under the Stewardship Program allow full public access, with limited exceptions; limiting purchases of easements and no longer purchasing development rights; eliminating payments for aids in lieu of taxes for newly purchased lands; and requiring local governments affected by these purchases to pass a nonbinding resolution in support or opposition to the purchase that the Department of Natural Resources must consider before making a final purchase.

6 DOA-Eliminate the Office of Energy Independence and merge its responsibilities into the Division of Energy within the Department of Administration. DOR-Exempt from sales and use tax the sale of modular homes built in the state for use in other states. From NAHB: Remodeler Briefs Hill Staff on Negative Impact of Lead Paint Rules NAHB and other industry groups this month provided Capitol Hill staffers with an update on how the Environmental Protection Agency s Lead Renovation, Repair and Painting (LRRP) rule is having a detrimental effect on the remodeling industry. The final LRRP, which went into effect on April 22, 2010, requires remodelers and contractors who work in homes built prior to 1978 to be trained and certified in lead-safe work practices. The EPA also removed the lead-paint rule s opt-out provision that allows home owners without children under age six or pregnant women in the home to sign a waiver in order to avoid the rule s requirements. As a result of the EPA s questionable removal of the opt-out provision, the number of homes covered by the rule rose from 38 million to 79 million. EPA estimates this adds another $336 million in compliance costs per year. Implementation of this rule was too abrupt, and the EPA was unable to provide enough qualified and trained renovators to comply with these new rules. Furthermore, inadequate lead test kits produced more than 60 percent false positives, resulting in an EPA-estimated cost of $400 million in unnecessary compliance costs in the first year alone. Representing NAHB at the Hill briefing, George Geep Moore, GMR, CAPS, CGP and 2011 vice chairman of NAHB Remodelers, explained the practical effects of these new regulations on his business. Moore noted that the LRRP rule has saddled his firm with substantial and unnecessary costs in order to perform routine home renovations and that he has been forced to pass much of these higher costs on to his customers in order to stay in business. As a result, this is discouraging consumers from making energy-efficiency improvements or causing them to seek out uncertified contractors. For more information, contact Elizabeth Odina at , x8570. US Labor Department's OSHA Changes Fall Protection Standards The U.S. Department of Labor's Occupational Safety and Health Administration announced 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, there continues to be a high number of fall-related deaths in construction, and industry experts now feel that feasibility is no longer an issue or concern. The National Association of Home Builders recommended rescinding the 1995 directive, as did OSHA's labor-management Advisory Committee for Construction Safety and Health; the AFL-CIO; and the Occupational Safety and Health State Plan Association, which represents the 27 states and territories that run their own occupational safety and health programs. According to data from the department's Bureau of Labor Statistics, an average of 40 workers are killed each year as a result of falls from residential roofs. One-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections. Latino workers comprise more than one-third of all construction employees. OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard Prior to the issuance of this new directive, Standard allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard. With the issuance of today's new directive, all residential construction employers must comply with 29 Code of Federal Regulations (b)(13). Where residential builders find that traditional fall protection is not feasible in residential environments, 29 CFR (b)(13) still allows for alternative means of providing protection. Construction and roofing companies will have up to six months to comply with the new directive. OSHA has developed training and compliance assistance materials for small employers and will host a webinar for parties interested in learning more about complying with the standard. To view the directive and for more information, visit Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit RESIDENTIAL CONSTRUCTION Q & A's These Q & A's are designed to provide information about standards relating to fall protection in residential construction. The Occupational Safety and Health Act requires employers to comply with safety and health standards promulgated by OSHA or by a state with an OSHAapproved state plan. However, this document is not itself a standard or regulation, and it creates no new legal obligations. Which OSHA standards address fall hazards in construction work? 29 CFR Part 1926, Subpart M, which became effective on February 6, 1995, contains general fall protection requirements for construction work. Additional fall protection requirements can be found throughout Part 1926.

7 What are the Subpart M requirements for residential construction? Under 29 CFR (b)(13), workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or alternative fall protection measures allowed under (b) for particular types of work. A personal fall arrest system may consist of a full body harness, a deceleration device, a lanyard, and an anchor point. (See the definition of "personal fall arrest system" in 29 CFR ). If an employer can demonstrate that fall protection required under (b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR (k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls. There is a "Sample Fall Protection Plan" in Appendix E of Subpart M. Why did OSHA prepare this appendix? OSHA included Appendix E in Subpart M to show employers and employees what a compliant fall protection plan might look like. Why did OSHA issue Instruction STD 3.1 "Interim Fall Protection Compliance Guidelines for Residential Construction" in 1995? Once the final rule for Subpart M was published, representatives from the residential construction industry, including the National Association of Home Builders (NAHB) and the National Roofing Contractors Association (NRCA), expressed ongoing concerns about complying with (b)(13). For example, industry representatives were concerned about the feasibility of establishing proper anchor points on wood-framed structures. In response to their concerns and to give OSHA time to revisit some feasibility issues, the Agency issued Directive STD 3.1. The directive allowed employers doing specified residential construction activities to comply with the requirements of Subpart M by implementing the alternative fall protection and work procedures prescribed in the directive. The alternative procedures could be used without a prior showing of infeasibility or greater hazard and without a written fall protection plan. The Agency did not intend STD 3.1 to be a permanent policy. Why did OSHA reissue STD 3.1 as STD 3-0.1A in 1998? OSHA issued STD 3-0.1A (later redesignated as STD ) as a plain language replacement for STD 3.1. In STD , the Agency made some changes to the original interim guidance to clarify the scope of the directive and the Agency's enforcement policy with respect to fall protection requirements for the specific construction activities covered by the directive. In STD , OSHA indicated that it intended to reevaluate the interim policy after soliciting additional public comment. Why did OSHA issue an Advanced Notice of Proposed Rulemaking (ANPR) for Subpart M in 1999? OSHA issued an ANPR for Subpart M in 1999 in part to obtain information from the public that it could use to evaluate the effectiveness of and need for STD In the ANPR, the Agency noted that there had been progress in the types and capability of commercially available fall protection equipment since (b)(13) was promulgated in OSHA also stated in the ANPR that it intended to rescind STD unless persuasive evidence was submitted showing that it is infeasible or presents significant safety hazards for most residential construction employers to comply with (b)(13). Did OSHA rely on sources of information in addition to the comments received in response to the ANPR in evaluating whether to continue the interim enforcement policy contained in STD ? Yes. A Residential Fall Protection Work Group within OSHA's Advisory Committee on Construction Safety and Health (ACCSH) has reported to ACCSH on a number of presentations they have seen from home builders and fall protection equipment manufacturers describing new ways of providing safe and effective fall protection in residential construction. ACCSH has recommended rescission of STD on two separate occasions first in 2000 and again in Also in 2008, both the Occupational Safety and Health State Plan Association (OSHSPA) and the NAHB submitted letters to OSHA advocating for withdrawal of STD The NRCA has continued to oppose rescission of STD with respect to roofing work, but a representative of that organization conceded at an ACCSH meeting in December 2009 that nowadays it is "very tough" to establish that conventional fall protection is infeasible or creates a greater hazard. Now that OSHA has rescinded STD , what do residential construction employers have to do to protect employees from fall hazards? Employees working six (6) feet or more above lower levels must be protected by conventional fall protection methods listed in (b)(13) ( i.e., guardrail systems, safety net systems, or personal fall arrest systems ) or alternative fall protection measures allowed by other provisions of 29 CFR (b) for particular types of work. An example of an alternative fall protection measure allowed under (b) is the use of warning lines and safety monitoring systems during the performance of roofing work on low-sloped roofs. (4 in 12 pitch or less). (See (b)(10)). OSHA allows the use of an effective fall restraint system in lieu of a personal fall arrest system. To be effective, a fall restraint system must be rigged to prevent a worker from reaching a fall hazard and falling over the edge. A fall restraint system may consist of a full body harness or body belt that is connected to an anchor point at the center of a roof by a lanyard of a length that will not allow a worker to physically reach the edge of the roof. When the employer can demonstrate that it is infeasible or creates a greater hazard to use required fall protection systems, a qualified person must develop a written site-specific fall protection plan in accordance with (k) that, among other things, specifies the alternative fall protection methods that will be used to protect workers from falls. When will residential construction employers that were covered by STD have to start complying with (b)(13)? The effective date of STD is June 16, 2011.

8 Why was compliance directive STD rescinded? Falls continue to be the leading cause of death among construction workers. Statistics show that fatalities from falls are consistently high for residential construction activities. OSHA considered the comments received in response to the 1999 ANPR and was not persuaded that compliance with (b)(13) is infeasible or presents significant safety hazards for most residential construction employers. The recommendations from ACCSH, OSHSPA, and the NAHB, as well as the mounting evidence that has been presented to the ACCSH Residential Fall Protection Work Group showing that conventional fall protection is available and can be used safely for almost all residential construction operations, provide a separate and independent grounds for OSHA's decision to withdraw STD What are the training requirements for the use of fall protection systems? In accordance with 29 CFR , the employer must ensure that each employee who might be exposed to fall hazards has been trained by a competent person to recognize the hazards of falling and in the procedures to be followed in order to minimize those hazards. In addition, the employer must verify the training of each employee by preparing a written certification record that contains the name/identity of the employee trained, the date(s) of training, and the signature of the employer or the person who conducted the training. Is OSHA prohibiting the use of slideguards as employee protection during the performance of roofing activities in residential construction? Slideguards cannot simply be used in lieu of conventional fall protection methods under (b)(13). However, slideguards may be used as part of a written, site-specific fall protection plan that meets the requirements of (k) if the employer can demonstrate that the use of conventional fall protection (i.e., guardrail, safety net, or personal fall arrest systems) would be infeasible or create greater hazards. Can monitors still be used? Under (b)(10), safety monitoring systems can be used in conjunction with a warning line system to protect employees during the performance of roofing work on roofs of 4 in 12 pitch or less. When such a roof is 50 feet (15.25 m) or less in width, a safety monitoring system can be used alone, i.e., without a warning line system. Under (b)(13), if the employer can demonstrate that the use of conventional fall protection would be infeasible or create a greater hazard, monitors may be used as part of an employer's written fall protection plan under (k). Are there requirements for safety monitoring systems? Yes. Safety monitoring systems must meet the requirements of 29 CFR (h) including, but not limited to, requirements that the monitor: be competent to recognize fall hazards; be on the same walking working surface and within visual sighting distance of the employee being monitored; be close enough to communicate orally with the employee; and not have other responsibilities which could take the monitor's attention from the monitoring function. Can a standardized fall protection plan be developed and implemented for the construction of dwellings that are of the same basic structural design? Before using a fall protection plan at a particular worksite, the employer must first be able to demonstrate that it is infeasible or presents a greater hazard to use conventional fall protection methods at that site. Fall protection plans must be site-specific to comply with (k). A written fall protection plan developed for repetitive use, e.g., for a particular style or model of home, will be considered site-specific with respect to a particular site only if it fully addresses all issues related to fall protection at that site. Therefore, a standardized plan will have to be reviewed, and revised as necessary, on a site by site basis. What are some of the benefits of rescinding STD ? Falls continue to be the leading cause of fatalities in residential construction. OSHA has concluded that fall hazards pose a significant risk of death or serious injury for construction workers and that compliance with the requirements of Subpart M is reasonably necessary to protect workers from those hazards. STD addressed only certain, specified types of residential construction work. Withdrawing that directive will result in consistent enforcement policy with respect to all residential construction activities. Several state plan OSHA programs did not adopt, or have already rescinded, the enforcement policy described in STD Therefore, rescinding the compliance directive will promote consistency among all states regarding the enforcement of fall protection requirements for residential construction. OSHA expects that further advances in the design technologies of fall protection equipment will be triggered by the demands of employers who may encounter compliance difficulties on particular work sites. What is "residential construction"? The Agency's interpretation of "residential construction" for purposes of (b)(13) combines two elements both of which must be satisfied for a project to fall under that provision: The end-use of the structure being built must be as a home, i.e., a dwelling; and

9 The structure being built must be constructed using traditional wood frame construction materials and methods. The limited use of structural steel in a predominantly wood-framed home, such as a steel I-beam to help support wood framing, does not disqualify a structure from being considered residential construction. Traditional wood frame construction materials and methods will be characterized by: Framing materials: Wood (or equivalent cold-formed sheet metal stud) framing, not steel or concrete; wooden floor joists and roof structures. Exterior wall structure: Wood (or equivalent cold-formed sheet metal stud) framing or masonry brick or block. Methods: Traditional wood frame construction techniques. Why are only "dwellings" considered "residential construction"? Limiting the scope of (b)(13) to the construction of homes/dwellings comports with the plain meaning of the term "residential" in the text of that paragraph and is consistent with OSHA's intent in promulgating that provision.