Legal Action Committee Recommends Funding For Litigation
The Legal Action Committee met April 15 during NAHB’s Spring Board in Washington, D.C. to consider several applications for funding assistance from the NAHB Legal Action Fund. The Legal Action Fund exists to support litigation by state and local associations and builders in cases involving matters of common importance or national significance to the shelter industry. 

The Committee reviews applications three times per year in conjunction with scheduled meetings of the Board of Directors. Three local cases and a request for an amicus curiae brief, recommended by the committee to the NAHB Executive Board for litigation grant approval, involve a range of issues that are often problematic for the building industry.

The Michigan Association of Home Builders requested funding to challenge a statewide revision to the Michigan Uniform Energy Code. The Michigan Association of Home Builders filed suit seeking an injunction against the Michigan Department of Labor & Economic Growth to stop implementation of revisions to the code; the court granted a preliminary injunction. The association believes that if the code changes become effective, they would have significant impact on the local market. For example, estimates indicate that the code revisions could increase the cost of construction on a 1,000 square foot home from $2000 to $4000.

In Montana, the Helena BIA requested funding to file a complaint challenging subdivision regulations adopted by Lewis and Clark County. The subdivision regulations, adopted in 2005, require either a fire sprinkler system or a fee in lieu of the protection system, in all habitable structures as a condition for subdivision approval. The Helena BIA asserts that these regulations do not reasonably reflect impacts that are directly attributable to the subdivision approval process.

In Carroll Valley Borough, the Pennsylvania Builders Association is challenging an ordinance adopted by the local government that exceeds requirements under a uniform state code.  Pennsylvania enacted a Uniform Construction Code in 2004 with a provision that any municipality wishing to exceed the code must file notice and obtain a ruling from the state Department of Labor & Industry. In January, Carroll Valley Borough passed a sprinkler ordinance requiring sprinklers in single family homes, thus exceeding the requirements in the Code. The Borough claimed, among other things, that exceeding the code it is necessary because of local topography, an insufficient supply of water for fighting fires, and lack of its own fire department in the Borough. 

In North Carolina, a builder is challenging the application of the multi-employer policy as applied in North Carolina under the Occupational Safety and Health Act of North Carolina. The builder challenges that OSHA is using the policy to issue citations to builders for safety violations created by subcontractors, even if none of the builder’s employees are exposed to the hazardous condition that violates the OSHA standard. The Legal Action Committee approved funding to support an amicus curiae (friend-of-the-court) brief by NAHB in support of the builder’s petition to the North Carolina Supreme Court.

The NAHB Executive Board approved these funding recommendations. The deadline for legal Action Fund applications for the Convention in Reno, Nev. will be July 25, 2005. Further information will be forthcoming.  Applications and guidelines may be downloaded from the members-only pages of www.nahb.org/legalservices.

For more information on these grants, please contact Mary Lynn Pickel, Director of Legal Services, at 800-368-5242 x8485. For information on filing an application to the fund, contact Felicia Watson, Staff Counsel, at x8229. [ return to top ]