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Residential housing standards are in the works
08/13/2004
Adolfo Pesquera
Express-News Business Writer
Skating between the public's skepticism and an industry increasingly
sensitive about its image, the Texas Residential Construction Commission
rolled into San Antonio late Wednesday to solicit comments on its
draft for housing standards.
Conducting business at the airport Doubletree Hotel, the commission's
visit to San Antonio was the latest in a statewide series of meetings
to create standards. But consumer advocates have criticized the process
as too industry-friendly.
The existing draft is essentially a carbon copy of the limited warranties
that homeowners have found so troublesome over the past decade, said
Janet Ahmad, president of Homeowners for Better Building .
However, the commission's executive director, Stephen D. Thomas,
insisted that existing standards were adopted from existing warranties
as interim measure only. The commission only went into effect Sept.
1, 2003 , and must accept and investigate construction defect complaints
now.
"Once we are through with the hearings and the draft is adopted,
it should be clearer as to how things should perform," Thomas said.
The commission's adopted standards will be the industry's minimum
requirements and the warranties offered will have to be revised to
meet them, he said. The standards can be amended where the need arises.
Despite Thomas' assurances, Scott Emerson of Scott's Inspection
Co. spoke for many in the audience when he noted that the commission
had a perception hurdle to overcome — eight of its nine members earn
their livelihood within the homebuilding industry.
Thomas said the commission members have repeatedly maintained they
intend to be neutral.
"It is incumbent upon us," Thomas said, "that consumers feel like
they're adequately represented."
Real estate inspector Mark Eberwine noted, however, that the language
of the document reads as if it is more concerned about protecting
builders. He noted that in the draft, a driveway that slopes toward
the garage instead of the street has an exclusion for excessive water
entering during extreme weather.
Likewise, leaks from vents, louvers or other attic openings are
excluded from compensable damages if the leak occurs during extreme
weather.
"You keep talking throughout this document about how if it's installed
improperly, water in extreme weather is excluded," Eberwine said. "It
should read that ‘If it is properly installed and there is water
intrusion, then it's excluded.' . "
Chip Henderson, an energy efficiency inspector, noted that the draft
states that the "homeowner shall prevent moisture accumulation and
maintain proper humidity levels."
"If a home was not built to maintain humidity levels," Henderson
said, "there is no reasonable way the homeowner can be expected to
maintain them."
Numerous builders and engineers stood up to defend their professions
and offer advice. Some also offered to make the performance standards
more stringent.
Builder Jerry Smith noted that the draft allowed for up to eight
nails and screws to pop through the drywall within any 8-foot-by-8-foot
square because of framing contractions and expansions.
"We feel," Smith said, "there should be no nails or screws visible,
period."
Rick Montelongo, a custom remodeler, said it appeared essential
that the commission draft a thorough "walk-through" list for homeowners
to rely upon when they do their inspection just prior to closing.
There are 42 construction defect items in the draft that the builder
is freed from repairing or replacing if the homebuyer during the
walk-through does not catch them.
Ahmad complained that homebuyers normally get about an hour to do
the walk-through and it would be difficult for an unsophisticated
buyer to catch everything.
Thomas said Texas A&M University is currently working with the
commission to come up with a walk-through document.
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