Residential housing standards are in the works
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… 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… 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.

Residential housing standards are in the works
08/13/2004
Adolfo Pesquera
Express-News Business Writer
Hearing home owner, builders
                      Stephen D. Thomas, right. executive director of the Texas Residential Construction Commission, and Thomas Killebrew list to public comments during a hearing on the commission's plan creat new housing standards. The commission is skating between the public's skepticism and an industry increasingly sensitive about its image. 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.

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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