T Builders wouldcontinuetopaytheprop- been occupiedasaprincipalresidence. townhouse, orcondominiumthathasnever builder forasinglefamilyresidence, property taxdeductiontoaresidential Creek) intheSenate,providesa50percent sponsored bySenatorHershman(R-Buck Crouch (R-Evansville)intheHouseand HouseBill1046,authoredbyRep. concurrence motion. back totheHouseofRepresentativesfora Crouch; andCarlShepherd,IBA’s 1998StatePresident. BillKattmann;and MeansCommittee.Picturedare(lefttoright): BillBadger, Sr;Rep. author ofthelegislationandcurrently serves asthe Vice ChairpersonoftheHouse Ways deduction forspec.homesintheHouseofRepresentatives.Rep.Crouchwaslead (R-Evansville)forintroducingHB1046dealingwithapropertytax Leaders oftheSouthwesternIndianaBuildersAssociationthankStateRepresentative Spec. homebillclearsSenate,awaits final houseaction

Indiana Builders Association PRSRT STD Vol. 48,No. 2 2011 April, / March 101 W. Ohio St., Ste. 1111 US POSTAGE he IndianaSenatepassedHB1046, , IN 46204 PAID by amarginof43-5.Itnowheads the spec.homebill,onMarch22 INDIANAPOLIS, IN PERMIT NO. 279 As of the date ofprinting, mostHouseDemo- As ofthedate Governor’s Office for signatureintolaw. rence motionbeforeitcanbesenttothe changes madeintheSenatewithaconcur- Daniels. TheHousemustagreetothe gible tobesignedintolawbyGovernor conduct business,HB1046willnotbeeli- IftheHousefailstoreachaquorum structure isfullyassessed. homes forthreeassessmentdateswhenthe builders totakethedeductiononupthree the mid-2000sandwouldallowhome dealing withataxdeductionfor spec.homesandSenator Holdmanwas aco-sponsor. Senator Hershman(R-BuckCreek).wastheleadsponsorofHB1046 Holdman (sonofSenatorHoldman);State(R-Markle);Kovich;and legislative leaders atIBA’s recentlegisla IBA Past StatePresidentDavidKovich (secondfrom right),discusseshousingissueswith mits aredown70percentfromtheirpeakin housing industryasstatewidebuildingper- This isakeypieceoflegislationforthe taxes onthestructurewouldbeexempt. erty taxesontheland,but50percentof tive luncheon. Picturedare(lefttoright): Wesley date of April 29. sembly approaches itstargetedcompletion the legislation astheIndianaGeneral As- IBAwillupdatememberson thestatusof tees. hearing thebillintheirrespective commit- Chairman Kenleyand Espichfor the billasco-authorsandsponsors andto Holdman andSenatorZakasforgoingon Senator Senator Broden, Senator Alting, Morris, SenatorBanks, SenatorBecker, Representative Cherry, Representative sentative Cheatham,RepresentativeClere, and sponsoringthebillaswellRepre- Crouch andSenatorHershmanforauthoring IBAwouldliketothankRepresentative debate theissue.” only beaccomplishediftheyarepresentto and passapieceoflegislation.Butthatcan terested partiestofindacommonground Committee Chairmenworkedwiththein- their jurisdiction. Authors, and sponsors lose taxrevenuefromthespec.housein units ofgovernmentwhodidnotwantto for affordablehousingpittedagainstlocal IBA’s ChiefExecutive Officer. “Advocates legislative processworks,” saidRick Wajda, “Thisbillisaprimeexampleofhowthe doors open. when manyarestrugglingtokeeptheir of thelegislationtoindustryatatime eral committeehearingsontheimportance IBA’s hastestified 2011President, insev- DougMiller, GMB,CGB, CAPS,CGP, the Housebeforewalkout. The billwasoneofthelastbillsvotedonin Senate duringthesecondhalfofsession. legislation thathasreceivedahearinginthe this billmovingasitisoneofafewpieces both partiesintheIndianaSenatetokeep byists havebeenworkingwithmembersof business. IndianaBuilders Association lob- House ofRepresentativesfromconducting crats havefledthestate,thusblocking ings. tus isawarded for attending80boardmeet- Director status ontheIBABoard.Thesta- accommplishment ofachieving SeniorLife CGP, with ablazer, signifyinghis President DavidKovich,GMB, CAPS, CGP, CAPS, (left), presents IBA Past State IBA PresidentDougMiller, CGB, GMB, Board status onIBA Life Director achieves Senior President Kovich IBA Past State IBA Board Bosma addresses House Brian Speaker ofthe get. solve tohammeroutthedetailsofbud- sessment ofthecurrentclimateandhisre- Board. Bosma’s commentsincludedas- House BrianBosmaforaddressingtheIBA CGP, CAPS,(right),thanksSpeaker ofthe IBA PresidentDougMiller, CGB, GMB, Page 2, Builder News March / April, 2011 Indiana Use your network to be successful s I draft these comments, the first uled meetings with, providing accurate, Builder day of spring 2011 is on the hori- President’s well-defined comments and responses to the A zon. With the beginning of lent a Message questions posed. This event is the perfect News few weeks back, the religious calendar takes example of democracy in action and a vivid on a new meaning as the year moves for- By Doug Miller, illustration of the importance of each of you Official publication of the ward. We use this season to review life as GMB, CGB, CGP, CAPS being involved. Indiana Builders Association, Inc. D.L. Miller Construction, we look forward to Easter and the promise Elkhart At a recent event, a comment was made 101 W. Ohio St., Ste. 1111 of rebirth! Regardless of age, spring and asking for a response to discern if a “silver Indianapolis, IN 46204 the promise of warm weather, flowers and President, bullet” exists for rescuing housing and driv- (800) 377-6334 green grass evokes anticipation and excite- Indiana Builders Association ing our industry to a faster recovery. I must (317) 917-1100 Local ment. As I age, this season especially sparks admit, a chuckle developed inside. I have (317) 917-0335 FAX the youth within. asked myself this question many times. This www.BuildIndiana.org Housing typically rises out of its’ winter meeting. His assessment of the current cli- writing supports the response provided on [email protected] slumber this season; this year appears to mate was one of frustration, currently un- that occasion. The “silver bullet” is pos- All six issues published on-line follow history. Granted, housing has not able to do the work required for the citizens sessed by each member. Simply put; be in- bi-monthly & in hard copy. hit the ground running, but it is moving of Indiana, but confirmed his resolve to volved, work 15 minutes longer, don’t give Advertising rates available upon request. This publication will not knowingly accept any ad- forward. Pace varies from community to hammer out the details of the budget. up, commit to be part of a larger team! Posi- vertisement that is in violation of the law. Inclusion community; but phones are ringing and Speaker Bosma is refreshing, guided by tive results will manifest themselves! of an advertisement and/or article does NOT indi- appointments are being made. Weather, common sense and a clear vision for Indi- I suspect that Rick will have several call cate approval or endorsement of the product, ser- natural disasters and the economy still im- ana while affirming his desire to work with to action alerts in the near future regarding vice, or opinion by Indiana Builders Association. pact buying decisions, the work load is er- those in opposition. the spec home bill and NAHB will have Senior Officers ratic but with gaining consistency. Mike Bell, Matt Lancia, Andy Place, Sr., similar action alerts for the credit issue and President Doug Miller, GMB, CGB, CAPS, CGP March has been busy for IBA. The state- Dennis Spidel, Donnie Stash, Larry Swank, GSE reform. I ask that you take the time to [email protected] house is in full swing, members attended Lance Swank, Will Wright, Rick Wajda, and respond. It is essential that we do our part Vice President Will Wright the first state committee and board meet- I exercised the opportunity to participate in the process. [email protected] Treasurer Greg Furnish, CGP ings of the year, the IBA legislative confer- with other NAHB members, approximately As this year progresses, housing will con- [email protected] ence was hugely successful and nearly a 500 in total, at Leg-Con in Washington D.C. tinue to be one of the hot topics of discus- Secretary Tom Mullen, MIRM, CMP, CGB, CGP dozen members who attended NAHB’s leg- I was impressed at the level of organization sion. Let it be. The tools exist to help each [email protected] islative conference conferred with our mem- NAHB implemented in drawing this event of us get the job done. Our network of busi- Builder Area Vice Presidents bers of Congress to bend their ears on top- together; coordinating the briefing of the ness associates, our local builders’ associa- Area 1 , [email protected] ics including AD&C credit, the viability of attendees, the leave-behind material that tions, IBA, NAHB, and most importantly, Area 2 Linda Rogers, GSE’s and the future of housing. reinforced the spoken message and the pri- you, have the knowledge, skills and perse- [email protected] Area 3 Tina Bernacchi, My amazement continues to peak when I oritizing of those messages. verance to make this year successful! DON’T [email protected] receive Rick’s legislative update; time and The Indiana group was able to meet with GIVE UP! Area 4 State Rep. Heath VanNatter, CGP again I am reminded that at the founding of seven of the eight representatives we sched- God’s blessings on our industry in 2011. [email protected] this federation the importance of being in- Area 5 Pat Richard, CGB, CGP [email protected] volved in the process of law-making as it Area 6 Jim Klotz, [email protected] impacts housing was and remains the num- Area 7 Ryan Baker, GMB, CGB, CGP ber one priority. As members, professionals [email protected] and experienced experts, you are part of the Area 8 Tom Fuller, GMB, CGB, CGP, CAPS, [email protected] process in your communities on a day to Area 9 Dan Losekamp, CGB, CAPS, CGP, day basis. You have at your fingertips, ac- [email protected] cess to assistance from your local builders Area 10 Ken Phillips, CGR, CAPS, CGP, CGB, association, IBA and NAHB to provide [email protected] guidance, knowledge and tools to “move Associate Area Vice Presidents housing forward”. Area 1 Hal Kemmerer, CGP, Thank you to the chairmen, vice chair- [email protected] Area 2 Lori Lewis, [email protected] men, committee members, directors and IBA Area 3 Tim Eckert, [email protected] staff who made our first meeting of 2011 a Area 4 Tom Slater, [email protected] successful event. The Legislative Confer- Area 5 Luckie Jennings, ence kicked off the event, marked by the [email protected] Area 6 Bill O’Gorman, [email protected] largest attendance by members since the event began. Our representatives turned out IBA Board Parlimentarian in equally large numbers; a great response Elizabeth Hobbs given the context of the current climate at Indiana’s National Leadership the Statehouse. I reiterate a previous com- NAHB State Representative Mike Bell, GMB, CGB, CGR, CAPS, CGP ment; this is a freedom we enjoy and as citi- [email protected] zens we cannot take it for granted! National Director Doug Miller, GMB, CGB, CAPS, CGP Howard Kellman, the voice of the India- Associate National Director John Linn napolis Indians, delivered a motivational [email protected] NAHB BUILD-PAC Trustees message centered on the word “effort”. Andy Place, Sr., CGB, CGP, Howard pointed out that successful people [email protected] typically give 15 more minutes effort at their Heath VanNatter, CGP, [email protected] chosen vocation than those that don’t suc- Staff & Consultants ceed at a higher level. Kind of a sobering Rick Wajda, Chief Executive Officer thought if you think about the impact it Chief Lobbyist - [email protected] can have on our day, our family, our busi- Cindy Bussell, Chief Operating Officer Publisher - [email protected] ness and the rebound of our industry. Al- Carlie Hopper, Regulatory Affairs Director though his delivery was punctuated with [email protected] humor, the message was simple - “don’t give Gretchen White, Government Affairs Director up”! I believe the perfect message for hous- [email protected] Heather Sturgeon, Information Coordinator ing professionals at the perfect time. [email protected] Speaker of the House Brian Bosma pre- A. William Carson, Chair. Emeritus of Board sented the keynote comments at IBA’s Board March / April , 2011 Indiana Builder News, Page 3 The need for the minority party to return he has a formal censure. Media reports speculate quorum. history of the minority party walk- there is just one remaining issue on Project Members of the majority party in both T ing out in protest to legislation it Proactive Labor Agreements but it is unknown when chambers are attempting to salvage impor- views as harmful to its constituency. Walk- Politics members may return. tant pieces of legislation but ultimately the ing out, or refusing to return to consider Across the hall from the House chamber outcome of the legislative session relies on pending legislation, is used in instances By Gretchen White, the Senate is taking testimony and working the members of the minority party to return. Government Affairs where the minority party wants to make a on a budget which could be inserted into a The regular session must end no later than Director, point on their opposition to proposed leg- Indiana Builders Association House bill that was sent to them prior to the 11:59 p.m. on April 29 and if members of islation or support of an issue not being walkout. The Senate is also holding com- the General Assembly fail to pass a budget heard by the majority party. mittee hearings and floor votes on pending the Governor will be forced to call a special This legislative session the Republicans have tried to compel members to return to legislation to keep the process moving. If a session. control the Governor’s office and the results the Statehouse where amendments can be bill is not amended in the opposite cham- Hopefully by the time this newspaper of last November’s election put the Repub- considered and debate on the House floor ber it can proceed directly to the Governor’s goes to print all 100 members of the House licans in control of the House of Represen- can occur. desk. If a bill is amended in the opposite are back in session but nonetheless a new tatives, as well as widened the Republican Absent House Democrats are being fined chamber the bill’s primary author must file precedent has been set for future walkouts control in the Senate. Therefore many sus- $350 per day, are not receiving per diem a concurrence to send it to the Governor or and because both parties feel strongly in pected the minority party in the House, (money typically given to legislators dur- a dissent motion which sends the bill to their stance neither will want you to forget Democrats, could walkout when discussing ing session on top of their base pay), reim- conference committee - both are considered about this walkout or issues surrounding it the state’s two-year budget and redrawing bursements for expenses, and may face a formal acts of business and will require a during the 2012 elections. the district lines but this year’s walkout was over neither issue. House Democrats were excused for caucus on Monday, February 21 and never returned. One House, On Tuesday, February 22 caucus members went to Urbana, Illinois. The Indiana Gen- eral Assembly has been brought to a stand- still over the past five weeks but leaders in both chambers are now trying to salvage key One Lot, One Sale pieces of legislation, efforts that will ulti- mately require the minority party’s return. Wisconsin experienced a similar walkout this year, which ironically also included legislators seeking refuge in Illinois, al- though their General Assembly has rules which allow them to conduct business with- out a quorum when voting on items that do not include a fiscal impact and ended the legislative standstill. Indiana’s rules are different and require that a quorum (67 of the 100 Representa- tives) be present before conducting official business. The Indiana House is currently comprised of 60 Republicans and 40 Demo- crats. Representative Steve Stemler (D- Jeffersonville) has stayed on principle throughout the walkout and the Democrat caucus sends two members to the Statehouse daily to ensure no rules are being broken and that Republicans adhere to the lack of a quorum. Even with the 60 Republican Too often, the location of the sewer system dictates the position of the house — members plus those three Democrats the resulting in an “orphan” or wasted lot. With E/One Sewer Systems you can sewer House is still short of the needed 67 mem- virtually anywhere, siting each home to take advantage of views and terrain. bers. Without a quorum the House has been unable to fulfill their constitutional duty of And, E/One systems are totally reliable — no preventive maintenance, all but invisible: passing a budget or of taking action on any ‡ /RZHU\RXUIURQWHQGGHYHORSPHQWFRVWE\LQVWDOOLQJWKHV\VWHPRQO\DV\RX other pending piece of legislation. Typically the walkouts end after some sort need it of an agreement has been reached or after  ‡ 3URYHQ³PRUHWKDQKDOI DPLOOLRQHQGXVHUVGDLO\ the minority party feels their point has been  ‡ 1RQLQYDVLYH³SUHVHUYHODQGVFDSHXQREWUXVLYH made. This walkout, though originally re- ‡ 6DIH³SURWHFWTXDOLW\RIOLIH ported to be solely about the right to work bill, is reported to be about eleven pieces of Find out more about how you can save on sewering costs — call Fluid & Thermal legislation which include the right to work Systems DQGÀQGRXWKRZ\RXFDQHQKDQFH\RXUGHYHORSPHQWV bill and others impacting labor issues as well as education reform. It would be hard to believe anyone could have forecasted a walkout similar to today’s situation with members of the minority party leaving the SEWER SYSTEMS state or staying out for more than one month. 6939 Brookville Rd. While there has been some talk and move- Indianapolis, Indiana 46239 /HDUQPRUHDERXW ment on some of the bills in contention Tel 317.308.6300 Fax 317.308.6310 E/One Sewer Systems among Speaker of the House Brian Bosma EMRUGDQ#ÁXLGDQGWKHUPDOV\VWHPVFRP at www.eone.com (R-Indianapolis) and Minority Leader B. Patrick Bauer (D-South Bend), Republicans Page 4, Indiana Builder News March / April, 2011 10 strategies for improving your chances of getting a fair appraisal Contact Elected Officials What is voterVoice? Receiving accurate values for new homes from wary lenders in an REO-saturated market demands a builder’s attention to the process voterVoice is your quick and Make Your Voice Heard Written by: Alison Rice, senior editor, year, at this time, we were 180 degrees from easy means to communicate online, at BUILDER magazine. Reprinted here. We were told not to communicate, not Up-To-Date State & with elected officials on both from BUILDER magazine, a Hanley-Wood to have any contact” under the new rules, your personal and industry Local Government publication. but that has changed as the guidelines have issues. been implemented. Builders “can’t ask for Information etween the waves of distressed sales in the market and the evolving ex- certain numbers to be targeted [in the ap- voterVoice will select your ecution of new rules for home ap- praisal], but they can communicate in a lot B of different ways” with an appraiser. elected officials from your praisals, getting a fair appraisal for 2. Supply all potentially relevant data. business and home address a new home has become a seemingly im- possible task for many builders. “Basically, you can provide almost any- information. In addition to “I always thought that the value [of a new thing that you can think of that is going to personally contacting your home] was the price determined by a will- support the value of the house,” Mitchell officials, you will receive alerts ing and capable buyer and seller,” observed said. This can include information on the from IBA so your voice can be Maryland builder Martin J. Mitchell dur- market and absorptions as well as property specifications, home plans, and product heard on industry issues. ing a joint NAHB/Builder Partnerships webinar on appraisals last month. But as details for the home or project in question. Mitchell and others noted during the online You may also want to give the appraiser Stay up-to-date. Make your “I made session, such conventions simply no longer copies of recent HUD-1 statements if they voice heard and join today. apply in today’s housing market, where stag- aren’t in the land records yet or examples of a difference.” All IBA members are geringly low valuations and their conse- recently executed contracts. Allen W. eligible to sign up as a FREE quences - cancelled contracts, lost financ- Gardiner, who provided the appraiser per- spective on the NAHB/Builder Partnerships member service. ing - have become unpleasantly common- place for builders. (The NAHB continues to webinar, agreed. “One of the biggest mis- collect information on appraisal problems; takes I find is that builders hide data,” said builders can send their experiences or ques- Gardiner, who is vice president of residen- Who Should Register? tions to [email protected].) tial at Jackson Claborn, a Plano, Texas-based The reasons are myriad, according to real estate consulting and appraisal firm. “I ALL IBA MEMBERS voterVoice Registration Mitchell, vice-CEO of Rockville, Md.- would encourage you to provide all relevant SHOULD REGISTER! It is based Mitchell & Best Homes. In some ar- data. If it was a low sale, let [the appraiser] likely you have employees Yes, sign me up today to be eas, the housing market has come to a stand- know and explain how it is different from the others.” residing and voting in areas proactive at the grassroots still, generating little if any data for apprais- level. 3. Make note of all communication you do business, and ers to consider; other markets (can anyone say “Las Vegas”?) are dominated by fore- (written or spoken) with an appraiser. keeping them up-to-date I want to receive future alerts closures and short sales, resulting in a data- “Contact the lender immediately” if you and informed about from IBA. base filled with depressed-value comps. have concerns about an appraiser’s experi- candidates and issues in ence or expertise, according to Gardiner. User Information New rules governing appraisals have led their communities creates many lenders to avoid experienced local 4. Be realistic about distressed sales be- a stronger voting block for First Name______appraisers for fear of conflict of interest and ing used as comps. “If an entire market is the industry. After you sign Last Name______hire appraisal management companies in- made up of short sales and foreclosures and up, encourage your Suffix_____ stead, which many builders argue has re- all the listings out there are also short sales employees to register also! E-mail______sulted in appraisals being done by less lo- and foreclosures, that may be representa- cally-knowledgeable professionals. Con- tive of what the market is today,” Gardiner Home Information cerns about capital and other banking is- said. “On the flip side, if you are in a market Easy 3-Step Registration sues have also contributed to some banks that is improving or stabilizing and there Address______are still some short sales out there, that City______and lenders looking for lower appraised doesn’t necessarily mean [distressed sales State______Zip______values on financed homes “so they can have 1. Visit IBA’s website: are] what is driving the market.” http:// increased equity contributions to protect Business Information 5. Warn buyers that extreme options www.BuildIndiana.org/ their position,” Mitchell noted. Yet, despite these very real obstacles, may not appraise at their value and pro- VoterVoice.htm - Click on the Your Title______tect your interests accordingly. “If you’ve voterVoice logo. there are steps that builders can take to sig- Phone______nificantly improve their chances of getting got someone stepping out of the norm, then Company______you absolutely as a builders should have 2. Click on ‘New users click Co. Address______a fair and accurate valuation for their new homes and their customers. “What a builder concerns about that,” said Mitchell, who here’. Returning users can log City______advises warning a customer that such up- in here, as well. State______Zip______needs to do is understand right from the start is that he is not a bystander in this grades may result in a problematic appraisal. process,” Mitchell stressed. “He’s got to be If the buyer insists, then Mitchell’s firm will Complete and return this form to: an active participant.” do so-with a condition. “If you still want Indiana Builders Association Here are 10 strategies intended to help those items in the house, then we have to 101 W. Ohio St., Ste. 1111 builders do just that. (Looking for more in- have an addendum to the contract that says Indianapolis, IN 46204 formation? NAHB members may listen to you acknowledge that this house will likely not appraise for what the cost of this house 3. Fill out the short user Or fill out the form online by visiting the full webinar at www.nahb.org/ appraisalsprogram; a login is required. is that we have contracted [to build for you] profile and follow the IBA’s Web site: and that [a low appraisal] is not a valid rea- www.BuildIndiana.org/ Builder Partnerships members may also ac- instructions. son for [the buyer] to void the contract or VoterVoice.htm cess it at www.builderpartnerships.com/ Home/News/782.) ask to have the price reduced.” Questions? Call Gretchen at 1. Don’t be afraid to talk to the ap- 6. Request a copy of appraisal. You’ll (800) 377-6334 ext. 205 praiser. “Communicate, communicate, need to request this from the lender, but communicate,” Mitchell asserted. “Last Appraisal (see page 7) March / April, 2011 Indiana Builder News, Page 5 Indiana Builders Visit Capitol Hill Page 6, Indiana Builder News March / April, 2011 Residential Code amendment will increase energy efficiency and construction costs n February 16 the Indiana Fire Pre- proves the draft of the proposed rule and its effective date of the final rule could be Sep- vention and Building Safety Com- Codes fiscal impact, the Commission will sched- tember 2011 at the earliest and may be as O mission (Commission) withdrew Corner ule a public hearing. Typically at its next late at January 2012. You may request a the Notice of Intent to Adopt a Rule amend- scheduled monthly meeting following the copy of the draft by emailing ing the International Residential Code, By Carlie public hearing, the Commission will con- [email protected]. 2009 edition, as the Indiana Residential Hopper sider adoption of the proposed rule. If ap- ***This change would provide more Code, 2010 edition (LSA Document #10- Regulatory Affairs proved by the Commission, the proposed cost-effective and affordable energy con- 563). On the same day, the Commission filed Director, rule moves to the Attorney General then to servation provision for the builder and the Notice of Intent to Adopt a Rule amend- Indiana Builders the Governor for signature. Due to the home buyer, and still achieves equivalency ing the energy conservation provisions of Association state’s extensive rule adoption process, the to the 2009 IECC. the Indiana Residential Code, 2005 edition (LSA Document #11-84) to comply with mented with insulated sheathing of at least the requirements of the American Recov- R-2. In Climate Zone 5, requiring a wood OSHA Interim Fall Protection Guidelines ery and Reinvestment Act (ARRA). View frame wall R-value of R-20 (instead of R- the notice at http://www.in.gov/legislative/ 19) or 13+5, provides a market advantage sunset June 16 iac/20110216-IR- to a few primary building materials, and thus ince 1985, the Occupational Safety Hoosier occupational injuries and illnesses, 675110084NIA.xml.html. fails to adequately address all primary build- and Health Administration ranks Fall Protection as the #6 most cited The decision comes after the draft of the ing materials in a fair and equitable man- (OSHA) has required residential violation on its top 10 most violated stan- proposed rule to adopt the 2009 Interna- ner. Blown cellulose and the spray foam S construction workers who are working six dards with 108 citations and $123,400 in tional Residential Code as amended did not used in residences can achieve R-19 but do feet or more above a lower level to be pro- initial penalties in 2010. View the full re- receive approval from the State Budget not typically achieve R-20 in a 2x6 wall tected by conventional fall protection, i.e. port at http://www.in.gov/dol/files/ Agency due to an estimated fiscal impact cavity. Reducing the wood frame wall R- guardrail systems, safety net systems, or Final_IN_Review_2011.pdf. of $55 million dollars. IBA estimates the value to R-19 in Climate Zone 5 would al- personal fall arrest systems. For more information about Fall Protec- cost of increased energy efficiency require- low 2x6 wall construction with or without The use of alternative methods (i.e. slide tion for the residential construction industry, ments to be nearly $24 million - roughly continuous exterior insulation on the 2x6 guards, safety monitoring systems, and contact the NAHB Labor, Safety, & Health $2,000 per new home. Home builders can wall thereby reducing construction warning line systems) is allowed, but as of Policy Department at (800) 368-5242, ext. likely expect the following changes: costs.*** June 16th the employer has the burden to 8507 or at www.nahb.org/fallprotection. * Established climate zones and mois- * Access hatches from conditioned demonstrate conventional methods are in- You can also find additional informa- ture regimes as the basis for determining spaces to unconditioned spaces (e.g., attics feasible or create a greater hazard before tion at www.osha.gov/doc/residential_ thermal envelope requirements for conserv- and crawl spaces) must be weatherstripped using alternative methods. fall_protection.html. ing energy. Indiana is divided into Climate and insulated to a level equivalent to the Further, if using alternative methods, a As part of IBA’s Alliance with the Indi- Zones 4A and 5A, where “A” indicates insulation on the surrounding surfaces. site specific fall protection plan must be ana Department of Labor, IBA members re- moist, for determining the insulation and * The building thermal envelope must written in accordance with OSHA’s fall pro- ceive priority in scheduling a FREE INSafe fenestration requirements and equivalent U- be sealed to limit infiltration and includes: tection regulation (29 CFR Part 1926, Sub- Safety and Health Consultation. If inter- factors. 1. All joints, seams and penetrations. part M). ested, please complete the online consulta- * Requires a permanent energy certifi- 2. Site-built windows, doors and sky- NAHB’s summarization of the differ- tion request form at http://www.in.gov/dol/ cate posted on or in the electrical distribu- lights. ences between the requirements of the In- insafeconsultation.htm. No fines or penal- tion panel listing the values of installed in- 3. Openings between window and door terim Guidelines and Subpart M are identi- ties will be levied for any safety or health sulation, fenestration, and equipment. The assemblies and their respective jambs and fied in the attached table. hazards identified during the consultation certificate shall not cover or obstruct the framing. IN Review, Indiana Department of and your request for consultation will not visibility of the circuit directory label, ser- 4. Utility penetrations. Labor’s annual comprehensive study of initiate an IOSHA inspection. vice disconnect label or other required la- 5. Dropped ceilings or chases adjacent Table Requirements of Interim Fall Protection Guidelines and Subpart M bels. If utilized, gas-fired unvented room to the thermal envelope. Interim Fall Protection Fall Protection Requirements of heaters, electric furnaces, or baseboard elec- 6. Knee walls. Guidelines (Dec. 8, 1995 – Subpart M (June 16, 2011 and tric heaters shall be individually listed on 7. Walls and ceilings separating the ga- June 15, 2011) beyond) General Requirements the certificate without an energy efficiency rage from conditioned spaces. Use of Conventional Methods Required, unless infeasible Required, unless infeasible or designation. 8. Behind tubs and showers on exterior (guardrails, safety nets, or or creates greater hazard creates greater hazard personal fall arrest systems) for * Equipment trade-offs are no longer al- walls. fall exposures over 6 feet lowed. Home builders were permitted to 9. Common walls between dwelling units. Use of Alternative Methods (slide Allowed, for prequalified Allowed, but employer has the guards, safety monitoring tasks identified by OSHA as burden to demonstrate make equipment trade-offs when using the 10. Attic access openings. systems, warning line, etc.) meeting a greater hazard conventional methods are performance path - such as substituting a 11. Rim joists junction. and other tasks where infeasible or creates greater infeasibility or greater hazard before using high-efficiency furnace for additional in- 12. Other sources of infiltration. hazard could be sulation or more expensive windows. The * Building envelope, air tightness and demonstrated new code requires home builders to make insulation installation shall be demon- Site Specific Fall Protection Required, but does not have Required, must be written Plan (only if using Alternative to be written changes in the building envelope to meet strated to comply with either the testing Methods) code. By definition, this is an energy neu- option or the visual inspection option. Training Employees must be trained Employees must be trained to to understand and follow understand and follow the Fall tral trade-off. The ARRA requires that a state * All recessed luminaires installed in the the Fall Protection Plan Protection Plan must adopt energy code requirements that, building envelope must be labeled as meet- “meets or exceeds”, “or achieves equiva- ing the test criteria for resisting air move- Roofing-Specific Requirements Low Slope Roofs (4:12 pitch or Use of warning lines and Use of warning lines and safety lent or greater energy savings” to the 2009 ment through the fixture. Caulk or gasket less) safety monitoring systems monitoring systems allowed International Energy Conservation Code material is required to fill the space between allowed Slope Roofs (over 4:12 up to and Use of slide guard allowed Guardrails or personal fall (IECC). Builders and homeowners should the fixture housing and the finish material. including 8:12) arrest system required have the option to utilize equipment trade- * Heated pools must be equipped with a Steep Slope Roofs (over 8:12) Guardrails or personal fall Guardrails or personal fall offs to achieve an energy efficient, code vapor retardant pool cover on or at the wa- arrest system required arrest system required compliant house.*** ter surface. Pools heated to more than 90oF * Minimum wood frame wall R-value (32oC) shall have a pool cover with a mini- increases to R-20 or 13+5 in Climate Zone mum insulation value of R-12. Exception: 5. “13+5” means R-13 cavity insulation Pools deriving over 60 percent of the en- Save the Date plus R-5 insulated sheathing. If structural ergy for heating from site-recovered energy sheathing covers 25% or less of the exte- or solar energy source. Monday, June 20, 2011 rior, R-5 sheathing is not required where * At least 50 percent of the lamps in per- structural sheathing is used. If structural manently installed lighting fixtures must sheathing covers more than 25% of exte- be high-efficacy lamps. IBA Board & Committee Meetings rior, structural sheathing shall be supple- Assuming the State Budget Agency ap- March / April, 2011 Indiana Builder News, Page 7 Motsenbocker selected to advise in Past president Bob Stephens passes t is with sincere regret that IBA lost a Run, Hill Valley, Perry lead paint rulemaking long-time member, Bob Stephens, Manor, Carey Ranch, ud Motsenbocker, CGB, CGR, ings rulemaking. I Greenwood. Stephens was a Past State and homes in CAPS, was one of four NAHB mem- Motsenbocker is a Senior Life Director and President and Senior Life Director on the Franklin. He was the J bers named as small entity represen- Past State President of the Indiana Builders IBA Board. founder of Johnson tatives (SERs) by the small business advi- Association. He is also a National Director Stephens 88, of Greenwood, was born in County Home Build- sory review (SBAR) panel convened by the for NAHB and serves on both the state and Terre Haute. He served our country in the ers Association, a U.S. Environmental Protection Agency for national remodelers councils. Air Force from 1941 to 1945. council of the BA of assisting with the renovation, repair and For more information, e-mail Matt He was the owner of Robert W. Stephens Greater Indianapolis. painting for commercial and public build- Watkins or call him at 800-368-5242 x8327. Builders Inc. for 45 years retiring in 1998. In 1980 he was the He built the subdivisions of Shadow Hills, President of the Indi- Oaks of Greenwood, Pebble Hills, Pebble ana Builders Association. Appraisal (from page 4) “usually a good lender will release that ap- praisal for you,” Mitchell said. Once you receive it, review the document for errors and accuracy. Ask for the criteria and comps used in determining the value, which can vary from lender to lender. For example, a bank may want comps located within a cer- tain distance of the property or comps from certain number of sales within the past 90 days, a competing builder, or even a listing or a pending sale, according to Gardiner. 7. If getting an appraisal on a green home, provide the appraiser with the net Advertising Facts 2011 present value of the savings projected due Indiana Builder News official publication to the energy-efficient features in the • is the and only of the Indiana Builders Association. house. The NAHB says its members have • It is distributed bi-monthly to Indiana's builders, developers, remodelers, trade contractors, and building suppliers. been successful at getting those values in- • Each issue is packed with building industry information from the national, state, and local levels, allowing all profes- corporated into some new-home apprais- sionals to stay up to date on building industry happenings. als. But green builders - and their buyers— • There are 5,500 copies published monthly. Each copy is circulated to over 40,000 readers. should probably brace themselves for some • Each issue is also published continuously on-line at www.BuildIndiana.org. unpleasant surprises. “I think you’re really • Advertisers also receive a continuous logo link on the IBA website, www.BuildIndiana.org. limited in today’s market to those things • Target your advertising to the professionals who buy, utilize, and promote your products and services by advertising in that create savings on the energy bill,” the Indiana Builder News. Mitchell said in response to a questioner. “Unfortunately, I don’t know of any way to Advertisement Sizes value sustainability. That is a much more Call to reserve your space today (800) 377-6334! difficult process.” Gardiner agreed. Despite 1/2 Page Full Page the growing interest in green building and Dominant energy efficiency among many consumers, 10 1/4" wide “we don’t see much of a premium for those 7 3/4" wide items” in the resale home market, he said. The Issues & Deadlines - 2011 by 12 3/4" tall by 9 1/4" tall 8. Adjust your expectations for the ap- Issue Deadline praisal based on the lender involved. “A national bank using an appraisal manage- January/February December 17 1/2 Page 1/2 Page ment company is going to be way more re- Horizontal Vertical strictive than a local bank in terms of its March/April February 18 guideline for its appraisals,” Gardiner warns. 10 1/4" wide 5" wide 9. Be prepared to encounter worst-case May/June April 15 by 6 1/4" tall by 12 3/4" tall scenarios. “We’ve heard about lenders re- questing liquidation value [on appraisals] July/August June17 - not allowing for buildout value or ‘high- 1/4 Page 1/8 Page est and best use’ value,” Mitchell warned. September/October August 19 If you do, let NAHB know by emailing the 5" wide organization at [email protected]. November/December October 21 5" wide 10. If you’re doing a workout, find out by 6 1/4" tall by 3" tall everything you can about the health of your lender and whether they have flex- ibility to work with you. Tell them your The Staff Specifications Advertising Rates cost of capital. Find out how they plan to Ad Size 1x 3x 6x classify the loan so you can provide appro- Indiana Builder News is published • 11" x 13" tabloid offset newspaper. Full Page $850 $700 $550 priate data to lenders and appraisers. Detail by the Indiana Builders Association • Camera ready advertisements can be sub- how you will handle the project so that the 101 W. Ohio St., Ste. 1111 mitted on computer disk, cd, or e-mailed and 1/2 Page $550 $410 $330 buildout value will be greater than the liq- Indianapolis, IN 46204 must be a .tif file or a .pdf composite file. 1/4 Page $350 $270 $190 uidation value. “All of these things will (800) 377-6334 • Full or spot color must be color separated help you create a workout plan that works (317) 917-1100 Indianapolis CMYK (not RGB)- 200 dpi. 1/8 Page $200 $170 $130 for the lender” and improve your chances (317) 917-0335 FAX • Black and white - 600 dpi. • Rates quoted are for black and white advertise- Publisher, Advertising Manager • Grayscale - 200 dpi. of getting the deal done, Mitchell said. ment placement per issue for IBA members. For more information visit, see http:// Cindy Bussell • If mailed, please include a proof. • Additional 40% for non-members. www.builderonline.com/business/10-strat- [email protected] • One Spot Color - $75 additional per issue. egies-for-improving-your-chances-of-get- • Full Process Color - $160 additional per issue. ting-a-fair-appraisal.aspx. • Inserts - $900 (company to provide 7,000 copies.) Page 8, Indiana Builder News March / April, 2011 IBAIBA MembersMembers MeetMeet withwith LegislaLegislatorstors

LegislaLegislativetive DaDayy && BoardBoard SessionSession SponsorsSponsors March / April, 2011 Indiana Builder News, Page 9 IBAIBA MembersMembers MeetMeet withwith LegislaLegislatorstors (con’t.)(con’t.) Page 10, Indiana Builder News March / April, 2011 IBAIBA MembersMembers MeetMeet withwith LegislaLegislatorstors (con’t.)(con’t.) March / April, 2011 Indiana Builder News, Page 11 IBA Members Meet with Legislators UNLIMITED TIME OFFER:

Norbord recently asked the NAHB Research Center to compare the air leakage between horizontally installed panels and vertically installed TallWall. With up to a 60% reduction in air infiltration, there was no comparison – TallWall won hands down. TallWall stretches from floor framing to top plate, making mid-wall horizontal joints a IBA Toasts 2011 President thing of the past. Plug the holes in your building strategy. Build vertically, with TallWall.

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IBA State Past President Mike Bell, GMB, CGB, CGR, CGP, CAPS, (left) presents a toast to IBA’s 2011 President Doug Miller, GMB, CGB, CGP, CAPS, and Linda, his wife. The toast was made during the President’s Reception held at IBA’s office. President’s Reception Sponsors WALL SHEATHING Advanced Heating Mid-City Supply BA of Elkhart County Miller Door & Trim Builders’ Mart Rose Brick & Materials Cloud Brothers Mike Smith, CGP, CGA Build energy efficiency into every house Hearth & Home Taylor Flooring watch the video at TallWallOSB.com to find out how. Special Thanks!! Page 12, Indiana Builder News March / April, 2011 News from Around the State

East Central Indiana BA President Juli IBA Past State Presidents Jud Metzker, CAPS, welcomes IBA’s President Motsenbocker, CGR, CGB, CAPS, (left), Doug Miller, GMB, CGB, CGP, CAPS, to and Leon Calvert attended the recent their local meeting. ECIBA meeting. Jim Pressel (left), an IBA Builder Area Vice President, and Ben Houser (right), President of the HBA of Northwest Indiana, welcomes Doug Miller, GMB, CGB, CGP, CAPS, IBA President to a recent monthly membership meeting.

Certified Aging-in-Place Specialist (CAPS) professional designation instructor Mike DuKate, CGB, CGR, CAPS (right) congratulates CAPS graduates (left to right): Barclay Allen, GMB, CGB, CGP; D. Gaither, CGP; Brad Wallace, CGP; Tammara Tracy, CGP; Dwayne Shaw, CGP; Mike Booe, CGP; Kenneth Ward, CGP; Herb Delagrange, CGP; Richard Kuhn, CGP, and Mason Rusk, CGP. Indiana’s has graduated nearly 200 CAPS Tim Eckert (left), an IBA Associate Area Vice President, and Lawrence Johnson, CAPS, designation holders since 2003. (right), Madison County HBA President, welcome Paul Shoopman to a recent member- ship meeting in Anderson. Shoopman, Paul Shoopman Home Building Group, is a new member of the Madison County HBA and is Indiana’s all-time Spike leader.

Green Building course instructor Stephen Robinson, GMB, GMR, CGB, CGR, CAPS, CGP, (second from right), congratulates recent graduates of the Certified Green Building Professional (CGP) designation program (left to right): Tim Leonard; Joe Dickelman; Jace Himsel; Bob Hunt; Jim Guest; Carl Bain, and Dennis Kuns. Indiana has graduated nearly 400 CGP designation holders since 2007.

Indiana Builders Association & National Association of Home Builders 2011 Calendar of Events

January 1 - April 29 Indiana General Assembly in Session

January 12-15 NAHB International Builders' Show, Orlando, FL

February 7-11 CAPS & CGP Designation Courses, Indianapolis, IN

March 14 IBA Legislative Briefing, Legislative Lunch, Seminar, Reception, Indpls., IN

March 15 IBA Board & Committee Meetings, Indianapolis, IN

March 16 NAHB Legislative Conference, Washington, DC

May 1-3 NAHB Green Building Conference, Salt Lake City, Utah

May 18-21 NAHB Spring Board of Directors Meeting, Washington, DC

June 20 IBA Board & Committee Meetings, Hilton Indianapolis North, Indianapolis, IN

August 17-20 Executive Officers Council Seminar, Naples, FL

September 7-10 NAHB Fall Board of Directors Meeting, Milwaukee, WI

September 19 IBA Board & Committee Meetings, Hilton Indianapolis North, Indianapolis, IN

December 5 IBA Leadership Conference, Board & Committee Meetings March / April, 2011 Indiana Builder News, Page 13 The Mortgage Interest Deduction: Background and Statistics

Prepared by the National Association ing in lost economic growth and jobs - hous- The Importance of the Deduction for of Home Builders Economics and Housing ing policy uncertainty will weaken the eco- Younger Households Policy Group nomic recovery. The NAHB Research: Housing Tax In- centives: Age Distribution Analysis reports Summary Aggregate Statistics the following items. eductions for mortgage interest The 2010 tax expenditure estimate for The deduction is most valuable for have been part of the tax code since the MID is $104 billion (Source: JCT). This younger households who tend to be recent D its inception in 1913. The mort- is not a revenue estimate it is actual rev- homebuyers, with small amounts of home gage interest deduction (MID) is a corner- enue from a proposal to eliminate the de- equity and growing families due to mar- stone of American housing policy. Limit- duction would be significantly smaller due riages and children. This also explains ing the deduction would be harmful to cur- to taxpayer portfolio rebalancing. strong renter support in terms of planned rent homeowners and future homebuyers. According to JCT, 68 percent of the tax future claims of the deduction. benefit from the mortgage interest deduc- IRS data indicates that largest deduction by those under age 55, while 30 percent by Tax Rules for the Mortgage Interest tion goes to taxpayers with less than amounts are for those aged 35 to 45; and as those aged 35 to 45. Deduction $200,000 in economic income (same tax- a share of household income, the largest Typical Tax Savings Due to Homeowners may deduct interest from payers pay only 43 percent of taxes, so de- amounts are for those aged 18 to 35. Homeownership Rules up to $1 million of acquisition mortgage duction makes tax system more progressive, 74 percent of the deduction is claimed According to the NAHB Research: The debt and up to $100,000 of home equity not less). Tax Benefits of Homeownership are: loan debt. Amounts set in 1987 and have Also, according to JCT, 89 percent of tax- For a typical homeowner with $54,000 not been adjusted for inflation. Mortgages payers benefitting from the deduction make in taxable income and a $180,000 mortgage, for a principal residence and second (non- less than $200,000. the deductions for mortgage interest and rental) home qualify. Mortgage interest According to the NAHB calculations of real estate taxes are worth $7,500 during paid for the purpose of acquiring, building BEA and IRS SOI data, since 2000, 86 per- the first five years of homeownership. This or substantial improving a qualified home cent of mortgage interest paid has been is net - or in excess - of the foregone stan- may also be claimed against AMT (interest claimed as deduction on a tax return (most dard deduction. payments allocable to a home equity loan mortgage interest payers are itemizers and For the first 12 years of homeownership, used for other purposes may not be de- thus non-itemization status negatively af- these deductions are worth approximately ducted against AMT). fects few homeowners). $17,000. Public Support for the Mortgage Interest Deduction is Strong - Your State Builders Association - The Public Opinion Strategies; Septem- ber 9-12, 2010, reflected the following sta- Working Daily With You to Enhance Your Business tistics. Owners and renters think tax incentives Resources Available to promote homeownership are reasonable. 72 percent of homeowners and 82 percent www.BuildIndiana.org of renters agree with this statement. 81 percent of the public feels that the Toll Free Watts Line mortgage interest deduction should remain 1-800-377-6334 in the tax code (compared to 82 percent for medical expenses, 76 percent for state/lo- Daily monitoring & representa- cal taxes, and 66 percent for charitable de- We lead, educate tion at the Indiana Statehouse on and are an ductions). legislation impacting the housing Support remains strong across party lines industry. advocate of safe as 69 percent of Republicans, 70 percent of and affordable Independents, and 83 percent of Democrats Communicate easily with think it reasonable to have tax incentives housing for homeownership. your state elected officials 70 percent of the public would oppose a political candidate who proposed eliminat- Industry newspaper ing the mortgage interest deduction. Legislative & Regulatory National Green Building Accomplishments The Mortgage Interest Deduction and Model Home Act Standard Vested Property Rights Housing Prices Property Tax Caps Homeowners do not expect to lose their Developers Discount mortgage interest deduction and prospec- Educational Seminars Defeated School Impact Fees tive buyers anticipate taking the deduction. for New Construction Changes to these “rules of the game” would Professional Designations Defeated Employee Classification have a significant impact on the market in terms of homebuyer and homeowner behav- Housing Protection Fund ior. As an example, a Brookings study found Committee, Council, and that limiting mortgage interest deductions Board involvement to a 28 percent maximum rate would cause metropolitan housing prices to fall by more than 10 percent. Networking Opportunities Other changes that might undermine consumer confidence in the permanence of Member Discounts the mortgage deduction would likely have a similar impact on the market. The Great Recession was characterized by dramatic declines in home prices, result- Benefits available to members of the Indiana Builders Association Page 14, Indiana Builder News March / April, 2011 March / April, 2011 Indiana Builder News, Page 15 Recruit...Recruit...Recruit Pledge to participate in National Membership Day on Tuesday, May 24, 2011 by calling 800-899-6242 between 12 pm - 5 pm Eastern to report your new

IBA President Doug Miller, GMB, CGB, CGR, CGP (left) and Sears Representative Joe member count. Goode (right) present David Kovich, GMB, CAPS, CGP, with the Paul Johnson Excellence in Membership Recruiting award. Kovich recruited 18 new members in 2010 to lead the state in membership recruitment. The presentation was made at the IBA Board meeting. TOP Member Recruiters for 2011 (as of February 28, 2011) IBA new members who receive a $100 Sears Ben Houser, Valparaiso, 10 Geoff Horen, CAPS, Indianapolis, 3 Andy Place, Jr., South Bend, 3 commercial credit... Jay Shipley, Fort Wayne, 3 Tim Eckert, Lebanon, 2 Steve Fest, Newburgh, 2 Brian Hoffman Braden Watts Grant Giese, CGP, CGB, Lafayette, 2 of Jasper - January of Farmersburg - February Trent Hunt, New Albany, 2 Jeff Loucks, CGB, CAPS, CGP, Goshen, 2 Dave Poe, Floyds Knobs, 2 Curtis Rector, Indianapolis, 2 www.searscommercial.com Dan Study, Spencerville, 2 (317) 514-9469 Teri Tillery, Indianapolis, 2 Kevin Yoder, CGP, Elkhart, 2

     

         

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