03/24/2020

HBA Sends Letter to Governor & Local Elected Officials

Requests that construction industry be declared essential

On Friday, March 20th the HBA Executive Officer as well as the Board of Directors sent requests on behalf of its membership to Gov. DeWine, Lt. Gov. Husted and several legislative leaders and local elected officials requesting that construction industry personnel be considered "essential" during an emergency situation. 

Additionally, the HBA sent the following email to jurisdictions throughout Southwest Ohio: 

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Thank you for all the work that governmental leaders in our region have been taking to keep our community safe. 

The HBA of Dayton has been working with many of you over the past several days on alternatives to “business as usual.” At this point in time, it seemed appropriate to develop this memo to offer a set of comprehensive considerations for all governments in our region.

Background

HBA member companies are builders, developers, remodelers and related businesses. We are working collaboratively with local governments wherever possible to ensure that construction projects on behalf of citizens in our region are not unnecessarily delayed and that residents can continue working. 

We appreciate local leaders and Ohio Lt. Governor Jon Husted has encouraged local government offices to remain open. Additionally, the Ohio Board of Building Standards, and the Ohio Department of Commerce, is urging local building departments to continue permit processing utilizing remote services whenever possible.

Declarations of a State of Emergency

Based on the experiences of other communities around the country, we ask consideration for the following to accompany future decisions:

• Designation of construction activity to be considered an “essential service.” Other regions of the country have made this designation in recognition of the ability of construction activity to occur in a manner consistent with public health guidance (outdoor, work, with limited person to person exposure via appropriate distancing, etc.) and the importance of employment/economic activity for the region

• Granting permit and plan approval extensions for permits/plans expiring between March 1 and, at minimum, June 29, 2020.

• Allow work to continue on preliminary design approvals, with post-construction final approvals, including the Certificates of Occupancy, once the state of emergency restriction is lifted.

• Consider financial institutions, including title and escrow operations, for essential service designation.

Permits

For jurisdictions with online submission, we ask that you ensure permitting offices to have a designated point of contact, even if the local staff is working remotely or not available face-to-face. For jurisdictions without online submission, we ask for a physical no-contact permit drop off so staff can process permits remotely. 

Inspections

Several communities have established alternative inspection processes. Should a community find a need to change its inspection process in the future, we suggest consideration of options, including the following:

• Inspectors calling the project site contact from their vehicle and doing an inspection with no one else on-site and a phone debrief after inspection.

• Video or delayed, ex post facto, inspections. These can be live and/or builder recorded video of the various stages of construction, which could then be used in real-time or in a post-construction permitting process for compliance.

• Contract with third-party inspection services, and licensed engineers/architects, if the local government can’t provide these services during this crisis.

Regulatory Activity

Barring any life/safety concerns, we request that local governments delay implementation of any new regulations in this current time of emergency and uncertainty.

Conclusion

Again, thank you for all the work you have been doing to help keep our region safe and also keep our people employed and the economy going.

Do not hesitate to contact the HBA at any time. We pledge during this unprecedented time to work creatively with our member companies to accommodate the needs of local government to fulfill its regulatory duties