On December 23, the National Labor Relations Board announced that it would again postpone the implementation of its "poster rule" until April 30 in response to a request from the U.S. District Court for the District of Columbia . During a December 19 hearing, the judge advised the NLRB to postpone the rule, or it would be prohibited from enforcing the change. The notice advises employees of their rights to unionize under the National Labor Relations Act.  

Government Action Alert: On the Radar Screen

There are three issues that are being dealt with or monitored by the National Apartment Association/National Multi Housing Council joint legislative team (NAA/NMHC) that you should be aware of and be alert for because of their impact on the apartment industry.

Pool Drain Covers

On September 28, the Consumer Product Safety Commission revoked its interpretation of an “unblockable drain” for purposes of complying with the requirements of the Virginia Graeme Baker Pool & Spa Safety Act.  The technical guidance will be amended to state, “placing a removable unblockable drain cover over a blockable drain shall not constitute an unblockable drain”.  The Commission does not anticipate enforcing this change before May 28, 2012. More information is available at www.naahq.org.

Carbon Monoxide Alarms

Right before Labor Day, a young woman was killed by carbon monoxide poisoning in a Tampa apartment community.  She accidentally inhaled motor vehicle exhaust from a car left running in a garage below her apartment unit.  The apartment building did not have carbon monoxide detectors installed. 

CO detectors are not required in Florida except in post-July 2008 buildings with gas burning appliances.  In those cases, the detectors must be mounted within 10 feet of sleeping areas.

NAA/NMHC reports that the 2012 editions of the International Building Code and International Fire Code have provisions requiring CO detectors in new and existing apartment buildings.  The alarms will be required in buildings with fuel-fired equipment and/or those with attached garages.

The 2012 codes are not the law until they are adopted by local and state jurisdictions.  The Florida Apartment Association is on-the-alert for any legislative action in Tallahassee.

HUD Bedbug Guidelines

In August, HUD issued guidelines on preventing and controlling bedbugs in HUD-insured and HUD-assisted properties.  NAA/NMHC has a number of concerns with this notice as the document leaves many questions unanswered and makes assumptions that may not reflect market realities.

NAA/NMHC has sent a comment letter to HUD.  NAA/NMHC is asking for your help to educate local HUD offices and staff about the concerns of the apartment industry with this notice.

For guidance, visit the government affairs page of the NAA website at www.naahq.org.

To stay informed on these and other matters, sign up with NAA for the twice-monthly AIMS updates.  AIMS is the apartment industry’s grassroots network.

Government Action Alert: New "Credit Score" Notice Requirement

The National Apartment Association and the National Multi-Housing Council have issued a new members-only guidance document to help member firms understand new "credit score" disclosures that went into effect on July 21.  As a result of a provision in last years Dodd-Frank Wall Street Reform law (P.L.  111-203), a firm using a "credit score" in the rental screening process that takes an adverse action against a rental applicant may have a new disclosure obligation...

If you or your resident screening service provider use a credit score and take an adverse action, you must comply with this new notice requirement. Importantly, if you or your resident screening company do not use a credit score as defined, but use a scoring model specific to the rental decision (i.e., one not used in the loan process), then it is likely that you will have no additional notice obligations.

You can access the NAA/NMHC guidance document at: www.NAAHQ.org/governmentaffairs/issues/propertymanagement and click on "Background Checks". NAA/NMHC encourage you to discuss this new rule with your provider and counsel to determine applicability to your specific rental screening process.

 

Government Action Alert: Pool Drain Cover Recalls

Right before the Memorial Day weekend, the United States Consumer Product Safety Council announced a voluntary recall of pool and in-ground spa drain covers from eight manufacturers.  The recalled drain covers were incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers and bathers. Pool owners/operators who have one of the recalled drain covers should immediately contact the manufacturer to receive a replacement or retrofit.  If a replacement cover is necessary, you must close your pool until the necessary work is completed.

Pools with multiple drains or gravity drainage systems do not have to replace their covers.

Here’s the link to the Consumer Product Safety Commission announcement which lists the names of the manufacturers:

http://www.cpsc.gov/cpscpub/prerel/prhtml11/11230.html

Additional information is available from the National Apartment Association (www.naahq.org) and the Association of Pool & Spa                                            Professionals (www.apsp.org).

Swimming Pools & ADA By Jeff Rogo, BAAA Government Affairs Director

Last September, the U.S. Department of Justice published revised regulations for Title II and Title III of the Americans with Disabilities Act (ADA). Among other things, the revisions include a new accessibility standard for swimming pools.  The good news is that most apartment communities are not required to comply because their swimming pools are not considered a public accommodation.  

Generally, public accommodations are services and facilities open to the public and whose operations affect commerce.  The ADA requires these public accommodations to enable full use and equal enjoyment of these facilities by persons with disabilities.  Since the great majority of apartment community swimming pools are for the exclusive use of residents and their guests, they are not considered public accommodations by the federal government.  

It appears that there are a number of contractors and risk assessment professionals here in Florida who may be misinterpreting the intent of these revised regulations.  They are advising apartment community managers to install costly accessibility equipment for their apartment community pools.  However, the National Apartment Association and National Multi Housing Council are of the opinion that pools do not need to be modified unless they are opened to the public (for example, if memberships are sold to non-residents).

If an apartment community swimming pool is open to the public, it must provide an accessible means of entry and exit.  An accessible means of entry and exit is a pool lift or sloped entry, and either a transfer wall, transfer system, or pool stairs.  Swimming pools, spas, and wading pools have different requirements.

The National Apartment Association has published guidance on these revised regulations.   

 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. 

 

---

 

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