Government Action Updates
Be Alert & Avoid Fines
By Jeff Rogo, BAAA Government Affairs Director
We’ve received a number of reports that local code enforcement officials around the Bay Area are inspecting apartment communities and looking for unlicensed activity. The focus is on maintenance personnel who might be replacing air conditioning units or water heaters without the proper permit. As you probably know, your maintenance staff can’t pull a permit for these activities without the appropriate electrical and/or mechanical license.
In the August Bayline magazine, I reported that the United States Environmental Protection Agency was delaying enforcement of key provisions of the new Renovation, Repair, and Painting Rule. However, don’t confuse these provisions with the ongoing requirement to provide new residents with the proper lead disclosure form during the lease signing process. Buildings constructed prior to 1978 may contain lead-based paint and it is the responsibility of the apartment manager or leasing agent to notify the new resident. The Bay Area Apartment Association has available for purchase the required disclosure form and lease addendum that must be signed.
In early August, I was in San Antonio, Texas for the annual apartment association Government Affairs Directors Roundtable. I learned that stepped-up inspections for unlicensed activity and lead-based paint disclosure are taking place in several states. Be aware that fines can be costly for any violations.
New Building Marking Requirements
In December, the State of Florida Fire Marshal’s Office adopted a new requirement for most buildings. The new rule requires the placement of a sign to warn firefighters upon entering a building that the roof and/or floors of a structure incorporate light-frame truss-type construction. Most every garden-style apartment building features this type of construction – “the primary structural elements are formed by a system of repetitive wood or light gauge steel framing members”.
The rule states – “Any commercial, industrial, or multiunit residential structure of three units or more, which uses horizontal or vertical light-frame, truss-type construction in any portion shall be marked with an approved symbol.” Townhouses are not considered subject to this rule.
The “approved symbol” is a Maltese Cross” measuring 8 inches horizontally and 8 inches vertically, of a bright red reflective color.” See the three symbols below. Structures with light-frame truss roofs should be marked with the letter “R.” Structures with light-frame truss floor systems should be marked with the letter “F.” Structures with both a light-frame truss roof and floor system should be marked “RF.” I recommend that you confirm the structural components of your building(s) by reviewing the architectural or engineering drawings.
The symbols must be placed within two feet, to the left, of the main entry door. The typical apartment building might be considered to have several “main entry doors” and therefore would require multiple signs.
I recommend that you contact your local fire department and ask for the fire marshal or building inspector. Ask your local fire official to confirm that your building structure meets the definition of “light-frame truss-type construction.” Also, confirm the proper placement and number of the required signs/ symbols.
Existing buildings must comply with this new rule before March 13, 2010. Several BAAA Associate member sell these Signs. Please refer to Bayline Magazine in the Associate Categorized list under 'Signs' for a list of BAAA Members who may have these signs available.
New EPA Remodel, Repair & Painting Rule Update
BAAA/NAA Members should read the EPA White Paper at www.naahq.org
If your community
or company is involved with renovation, repair or painting work -- there is a new EPA regulation that could affect you and/or your company or community. If six square feet or more of interior painted surfaces or twenty square feet or more of exterior painted surfaces will be disturbed during your work on apartment buildings built prior to 1978, you will be impacted by the new EPA RRP Rule which went into effect on April 23, 2010. Please go to www.epa.gov/lead for more information. In June 2010 EPA granted an extension of time regarding onset of fines, click here to read the memo. This does not change the effective date of the new Rule. Please click here for frequently asked questions and answers to the revised memo. BAAA has scheduled the Lead Paint RRP Training program on August 18, 2010. Please see the calendar for details.
Amendment 4 & Commercial Real Estate in Florida
Additional Project Expenses, Costly Elections, Loss of Jobs
Amendment 4 is the misguided, anti-growth, proposed re-write of the Florida Constitution. It will
appear on the ballot this November. The “Vote on Everything” initiative imperils Florida’s economy, is
at odds with private property rights, and threatens to leave Florida’s commercial real estate sector in a
permanent recession. If you live, work or own rental property in florida, you will be impacted by
Amendment 4. Please go to www.florida2010.org to learn more about this jobs killer.
2009 Legislative Highlights
$12.4 Million Eviction Filing Fee Reduction
On July 1, 2009 the eviction filing fee was reduced from $265.00 to $180.00. So, the court clerk cost for an eviction will be $85.00 less costing property owners almost a third less. The State of Florida estimates this fee reduction will result in a statewide, annual savings of $12.4 million.
BAAA leaders – Lori Krull, Marc Rosenwasser, and Dave Watkins – started the ball rolling last September when they met with Senator Victor Crist (R-Tampa), Chairman of the Criminal & Civil Justice Appropriations Committee. Senator Crist acknowledged that the 2008 fee increase was unjustified and a reduction was in order. He remained the apartment association’s “champion” throughout the session, sponsoring the legislation that was approved on the session’s final day.
Remarkably, the eviction filing fee is the only court fee to be reduced. With the State mired in an ongoing budget crisis, the Legislature was forced to raise fees and cut costs in order to present a balanced budget to the Governor.
Government Affairs Director, Jeff Rogo can be reached at 813-882-0222 or at 800-344-9373.
Contact him at jeff.rogo@gmsgroup.org