EMAIL ADDRESS CHANGE! Please update your address books!

The session is over for now.  Click here to view a final update on the Building Chapter’s “bills of interest” (on the "Legislative Alert" page of the Members Only section) and where they stand come the next regular session in January, 2010.

The May 29th issue of the Midlands Business Journal included the “Celebrate Construction” section that mainly featured commercial building construction.  Many of our members in the Omaha and Lincoln area were featured and quoted.  Although the articles on the current and future state of the industry were in the context of eastern Nebraska, the information was fairly accurate for the industry in the entire state. The Chapter purchased copies of the supplement and included it in a mailing to each of the 49 State Senators.  The “Celebrate Construction” and a letter thanking them for their service to the citizens of Nebraska were mailed late last week to their home addresses.

As you all know; you can no longer purchase the 1997 edition of the A201 contract document.  Earlier this year the Nebraska Design and Construction Industry Council prepared a supplemental guideline for use in Nebraska.  The AIA-Nebraska Board of Directors and the Building Chapter’s Board of Directors both approved the “Guideline” at their respective April board meetings.  Very soon the “Guidelines for Nebraska” will be available at the Chapter’s website to be downloaded and printed for everyone’s use. In the meantime you may view the Guidelines in the Member’s Only Section of the website. 

Heavy Equipment Training Central Community College-Hastings 22 two-day workshops, April-October Each focuses on one type of equipment 10 types of equipment included All sessions cover: Basic equipment orientation and operation safety procedures loading and excavating Click here for schedule and details or go to www.cccneb.edu/HeavyEquipment

Building Chapter News, June Issue

The Building Chapter has asked Woods & Aitken to review issues facing contractors who enter into a construction contract with an owner that prohibits the use of any employee on the project who has a criminal record that includes “crimes of a serious nature”.   School or church client contracts are likely to include these types of clauses.  Erin Gerdes is preparing a White Paper that identifies the problems with contract provisions currently being used by owners, the law involved in conducting a background check, and possible, realistic alternatives to those provisions that could be proposed to owners instead.  The White Paper will be available very soon.  If you would like a copy contact Jean at jdpetsch@windstream.net. 

Prepare Now to Meet EPA's Training and Certification Requirements for Lead-Based Paint Work

The U.S. Environmental Protection Agency's (EPA) new "Renovation, Repair, and Painting" program requires contractors who work in pre-1978 housing and child-occupied facilities to be certified and to follow specific lead-safe work practices by April 2010.  The agency recently announced that it has begun to review and accredit training providers to conduct the courses that contractors covered by the lead rules are required to complete.  Such contractors should start planning now in order to meet the upcoming compliance dates; EPA expects training opportunities to begin in summer 2009.

Approximately one year ago, EPA published a new rule to address lead-based paint hazards created by certain renovation, repair and painting activities (see AGC's Environmental Observer, April-May 2008).  Specifically, contractors performing work that disturbs lead-based paint in homes, child care facilities (residential, pubic or commercial buildings) and schools built before 1978 must be properly trained and certified (i.e., certain contractors will need to complete an EPA-accredited training course) and follow specific lead-safe work practices to prevent lead contamination.  Providers of renovation and dust sampling technician training must be accredited. 

Until that time, EPA recommends that anyone performing renovation, repair and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.  For example, all contractors should: contain the work area, minimize dust and clean up thoroughly. 

Current Requirements & Next Steps 
Currently, contractors who perform renovation, repairs and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants and child-care facilities with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) | En Español (PDF).  Contractors must document compliance with this requirement -EPA's pre-renovation disclosure form (PDF) may be used for this purpose. 

According to EPA, contractors who perform renovation, repairs and painting jobs should also:

• Take training to learn how to perform lead-safe work practices.
• Provide a copy of your EPA or state lead training certificate to your client.
• Tell your client what lead-safe methods you will use to perform the job.
• Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
• Ask your client to share the results of any previously conducted lead tests.
• Provide your client with references from at least three recent jobs involving homes built before 1978.
• Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist (PDF) that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
• Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right (PDF) | en Español (PDF).
• Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation, Repair and Painting (PDF).

For additional information, visit EPA's web site at http://epa.gov/lead/pubs/renovation.htm. 
In the coming months, EPA will also post a list of accredited trainers on its Web site.  You can also call the National Lead Information Center (NLIC) at 1(800) 424-LEAD [5323] to find out more.

House Approves Legislation to Modernize and Green America's Schools

On May 14, the U.S. House of Representatives overwhelmingly approved legislation to modernize, upgrade and green America's schools by a vote of 275-155. The 21st Century Green High Performing Public School Facilities Act (H.R. 2187) invests billions of dollars in school repair and renovation projects that would create safer, healthier and more energy-efficient learning environments for students.

The bill would authorize $6.4 billion for school renovation and modernization projects for fiscal year 2010, and would ensure that school districts quickly receive funds for projects that improve schools' teaching and learning climates, health and safety and energy efficiency. The measure distributes funds by allocating the same percentage of funds to school districts that they receive under Part A of Title I of the Elementary and Secondary Education Act, except that it guarantees each such district a minimum of $5,000.

Below are estimates of the amount of funding that each state and school district would receive to modernize, upgrade and repair school facilities under the Act, as calculated by the Congressional Research Service--
Click here to download state-level data (PDF, 10KB)
Click here to download school district-level data (PDF, 775KB)