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Government Affairs Committee Update

• The 2009 I-Codes go into effect in Pennsylvania on January 1, 2010.  If you'd like a quick summary of some of the major changes to the building codes made by the ICC, view NAHB's "Summary of Significent (sic) Change to the 2009 I-Codes" in the resource library.

• EPA has proposed new effluent guidelines for construction sites -- including new turbidity levels for site stormwater runoff.  The proposed rule would require all construction sites to implement a range of erosion & sediment control BMPs to reduce pollutants in stormwater discharges.  For more info, view the EPA Fact Sheet & other info at www.epa.gov/waterscience/guide/construction.  

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• Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.  To protect against this risk, on March 31, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.  More info can be found at www.epa.gov/lead.

• How close are your permits to expiring?  With the slow down in the housing market, it’s easy to forget to renew your approvals with the respective agencies.  Of key concern should be your NPDES permit.  Good for 5-years from approval, you will need to file for its renewal 180 days prior to expiration.  Otherwise, you’ll have to resubmit for a new permit – and potentially, redesign your project so it conforms to subsequent changes in the regulations.  This may likewise be an issue for projects that have not begun significant earth disturbing activities when the applicant attempts to renew.  You can check your NPDES permit status on the back of your E&S Inspection Reports or contact the issuing agency (conservation district, DEP).

• Environmental organizations are pushing DEP to impose 100-foot buffers on all waterways in Pennsylvania.  Did you know that Pennsylvania is home to over 83,000 miles of stream – second only to Alaska?  And, if fully realized, a 100-foot buffer on each side of those streams would translate into a regulatory taking of over 3,000 square miles?  That’s a land mass the equivalent of Bucks, Montgomery, Chester, Delaware, Lehigh, Northampton & Philadelphia Counties – combined.   The LVBA & PBA have been aggressively defending against such an onerous, “one-size-fits-all” requirement.

• At the start of 2009, Pennsylvania's new open records legislation went onto effect.  Its aim is to increase public "right to know" opportunities as well as its ability to access government documents.  The impact can potentially be both positive & negative for the land development industry -- positive in that you should be able to obtain better governmental information in a quicker timeframe; and, negative in that it may breed greater public scrutiny of your applications, etc. before review agencies.  More information can be found at www.paopenrecords.org.

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LVBA  |  PBA  |  NAHB
For more information, contact Mark S. Mitman
 

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