As reported by Mike Oliver of the Birmingham News:

On April 27, 62 tornadoes tore more than 1,000 miles of destruction across a state that has no statewide minimum building standard for houses.

The aftermath in Alabama — 250 dead and 23,000 houses damaged or destroyed — could have been greatly reduced with better construction, according to civil engi­neering and emergency management experts who have studied the damage.

Now, for the first time, the state is preparing to implement a statewide code for residential buildings as early as next month. But there is de­bate whether this new building code — which sets minimum standards for construction quality — will go far enough, and even whether it will be followed.

Although hailed as a major first step for a state that lags most other states in establishing a statewide minimum standard, the new building code might not apply in the dozens of counties and towns that have no code, unless those jurisdictions want it to apply. And it wouldn’t apply in those jurisdictions that have already adopted older, less stringent standards, unless they want to upgrade.

The proposed code contains no provisions for enforcement, and it exempts those local jurisdictions that adopted a code prior to March 2010.

“One very important thing is not only to have the code but to enforce the code,” said Harold Colon, an engineer with the Federal Emergency Management Agency and the supervisor of the hazard mitigation group which surveyed Alabama’s tornado damage. “If you have a code but no one is using it, it means nothing.”

A hold-down piece of hardware on a corner in a home being built in Pratt City.

Only 48 municipalities and seven counties in Alabama have enacted residential building codes, according to the latest International Code Council survey. The state has 67 counties and 440 municipalities, leaving most of Alabama’s small towns and rural areas without residential building standards. Alabama is one of 11 states without a statewide code.

Whether the new statewide code can be enforced in those jurisdictions without one is already being debated.

Several people on the 17-member Residential and Energy Code Board of Alabama, which is writing the statewide code and received the authority to implement it from the state Legislature in 2010, said those counties and municipalities that don’t have a building code will not be required to follow the statewide standards unless they choose to adopt a code. The statewide code would represent the minimum standards that those governments could adopt.

“If a local entity chooses not to do it, that’s a choice they make,” said Jimmy Brothers, who is the retired director of the Decatur building department and represents municipalities on the Residential and Energy Code Board. “If you do make a decision to do it, then this is what will be deemed a base code.”

But Jason Reid, regulatory affairs director with the Home Builders Association of Alabama, which played a large role in crafting the legislation that empowered the board, said the statewide code will be “the law of the land.” It could be enforced through the Home Builders Licensure Board, which could act on consumer or local official complaints and penalize builders with fines or license suspension.

Can lower damage

Regardless of the debate over the reach of a new code, the statewide standards, if followed, would better protect houses from damage by high winds, several experts said.

The state is basing its minimum standards on the 2009 International Residential Code with a few modifications, and it could be in place soon after an Oct. 6 public hearing.

The proposed statewide code requires houses to withstand winds of up to 90 mph except in coastal areas, where because of hurricanes the requirement ranges from 100 mph to 120 mph, depending on distance from the coast. Most jurisdictions in Alabama’s coastal areas have already established codes requiring those higher wind standards.

No practical code can save houses in a direct path of a major tornado — an EF-4 or EF-5 with winds ranging from 185 mph to well over 200 mph. The cost necessary to fortify against such high winds is impractical. And shelters and safe rooms are still the recommended method to protect lives in all tornado situations.

But several experts said the better construction that would accompany a mandated code would greatly reduce damage. That’s because historically 90 percent of tornadoes are less than 135 mph (EF-2 strength or less). And even with the big tornadoes, the majority of the damage is done by the outer bands of winds, which have lower speeds, experts say.

“The strip in a tornado where it’s the maximum wind speed is very narrow,” said Ernst Kiesling, a professor of civil engineering at Texas Tech University and an expert on the effects of wind on structures. “If you get a direct hit, of course, there’s considerable damage in that narrow zone. But the fact is the area is much broader, and most of the damage is done at wind speeds between 120 to 130. So if we can build a little above what the minimum code is, we could prevent a lot of damage.”

A study of Tuscaloosa’s tornado damage confirmed that more damage was done by the tornado’s weaker winds.

Although Tuscaloosa was hit April 27 by an EF-4 tornado packing top winds of 200 mph, the study, conducted in part by University of Alabama engineers, found that 92 percent of the damage to houses came from winds of 135 mph or lower.

The study suggests that better and relatively inexpensive construction techniques applied statewide could have saved or lessened the damage to the majority of the 23,553 houses that were destroyed or damaged on April 27.

Tuscaloosa currently has relatively up-todate residential building codes, but most of the damaged homes in the study were built before a code was in place.

Researchers wrote that more stringent codes for hurricanes have proved successful, especially against Category 3 winds of 130 mph or less, and should be considered for tornado-prone areas.

Incorporating some simple techniques used in hurricane-prone areas, coupled with housing inspections, “could significantly reduce damage and probably reduce fatalities,” said John van de Lindt, professor of engineering at the University of Alabama and one of the authors of the study published in July.

Other civil engineers and building experts reinforce the study’s findings.

Colon, the FEMA engineer, said the hazard mitigation team saw many houses — supposedly able to withstand 90 mph winds as called for in most building codes and in the proposed statewide code — that had collapsed in winds of less than that speed.

“We saw a lot of homes that shouldn’t be totaled, and we tried to find out why,” Colon said.

The answer: Lack of sufficient “connections,” Colon said.

That means methods for connecting the roof to the frame, and the floor to the foundation. With the roof more tightly secured, for example, the winds have to try to lift the entire house, now tightly connected, instead of just taking the roof and wreaking havoc.

“It doesn’t take much, and performance can be vastly increased with minimal cost when we pay attention to connections,” Kiesling said. “Connections of wall to floor and roof to wall. . . . In building failures, so often a portion of the roof is removed and then a lot of things can happen.” With weak connections, such as when only nails are holding the roof to the trusses, the rest of the structure is at much greater risk of falling apart and collapsing.

And when that happens, the debris becomes missiles that take aim at other houses. “It creates a chain reaction” of damage, with debris missiles causing more debris missiles, Colon said.

$600 cost

In Pratt City, homebuilder Stanford Smith is spending about $600 to make those connections on a house that will hold up against 120 mph winds, he said. FEMA workers visited one day last week to record the work for an instructional video.

“It seems like it would be complex, but there are some simple things to do so that it will perform better in higher winds,” said FEMA engineer James Crawford, watching Smith’s crew install the small metal connecting hardware — hurricane clips and straps — to “tie down” the house.

Other building techniques Smith touts include overlapping the plywood sheathing (or other types of building panels) on the walls and using more nails when securing board connections.

“Doing these things, you’ve got a stronger house,” said Smith, who works for Atlanta-based builder FD Moon & Company. “The wind wants to lift the house up and take the roof off, and I’m incorporating a system of redundancies to resist that.”

Smith said many builders could apply these techniques at little cost and easily exceed whatever code is in place. But he said few builders do it, and without regular inspections, they probably won’t.

Most codes require some kind of connections, although not to the hurricane standard. Regardless, tornado damage expert Tim Marshall said he saw lots of destroyed houses that had no connection from the foundation to the frame, resulting in the houses being easily pushed off the foundation.

Whether construction is improved through statewide code, local code, consumer demand or just improving awareness in the building community, the stronger connections make sense in the tornado-prone northern half of Alabama, said Marshall, a meteorologist and civil engineer with Haag Engineering in Texas.

“What they do down on the coast, they can do in northern Alabama,” he said. “Down there, there are houses that have gone through a lot of these hurricanes, and those houses survive.”

Not in state code

But that is not the case with Alabama’s upcoming statewide code.

Even with the 90 mph threshold of most residential building codes, including the one Alabama is set to adopt, hurricane-resistant techniques are not prescribed except in the coastal high wind zones.

Code board member Brothers said more study needs to be done before writing a statewide code that adopts hurricane standards and applies them to tornadoes.

“A lot of research and cost-benefit analysis needs to go into this before we say we can design houses in a cost-effective way to stand up to an EF-2 tornado,” Brothers said. “Because as soon as we say that, an EF-2 will come along and prove you wrong. Then we’ve built up false expectations.”

Brothers said the proposed statewide code establishes a minimum standard that addresses more frequent events such as straight-line winds from thunderstorms. In areas where they feel vulnerable to tornadoes, residents can enhance the minimum standards in their community, he said.

Reid, with the Home Builders Association, suggested that homeowners can use a new state law to fortify their house against wind and get an income tax deduction of $3,000 or 50 percent of costs, whichever is less.

In deciding how much to strengthen codes, states and communities must weigh the risk of being hit by a tornado against the cost of adding to construction requirements.

“The problem is typically that housing marketability is very sensitive to initial cost (of buying),” Kiesling said, “so anything you do to add to initial cost is resisted by builders and even the public because the public is uninformed of consequences and interested in size and amenities. So even homeowners might not be supportive of code changes if it does anything to raise initial costs. If we can convince the public to make a small, upfront investment, there would be a large long-term saving.”

Smith, the homebuilder, said codes are good as a starting point, but most are written with a lot of political influence from the industry and others — homebuilders, insurance groups, window and door manufacturers, even FEMA. Smith knows, because he once worked for the Engineered Wood Association (formerly the American Plywood Association) and participated in that influence.

“We did pretty well,” he said. “Builders want to reduce costs, product manufacturers want the codes to help increase their market.”

Reid said costs are an important consideration.

“When you look at an EF-4 and EF-5, it’s a rare event, and to say to build to a hurricane standard inland, well, that sounds fine, and if someone wants to they can. But the problem is you have to find the financing. Say you increase your house by $5,000 or $10,000 and the mortgage company has to approve and appraisers have to give you the value.”

Tim Reinhold, senior vice president for research for the Insurance Institute for Business and Home Safety, said his insurance- funded organization supports statewide minimum building codes, but because tornadoes are so rare, it’s hard to justify a hurricane-level code for an entire state.

“When it comes to tornadoes, the level of events and the rareness of them is such that it is outside the realm of what most people design for or look at. The chance that you are going to get hit by a tornado at any one point, even in Tornado Alley, is 1 in 5,000 years.”

Highest risk

Those numbers may be hard to accept, however, for many victims in Jefferson County, which has been rocked by killer tornadoes four times since 1956 — with some hitting the same communities, such as Pratt City, Concord, Pleasant Grove, North Smithfield, Edgewater and McDonald Chapel.

Much of Alabama, from Tuscaloosa to Birmingham and northward, is considered by FEMA as the highest risk, or “red zone,” for tornadoes. After April 27, Alabama became the top state in the nation for tornado deaths with 621 people killed since 1950.

Surveying the wreckage in Pleasant Grove after April 27, FEMA engineer Colon said he came upon a house that was standing between others that had been reduced to rubble.

He discovered that this homeowner had moved from Florida, where he learned about the use of hurricane clips and had insisted on spending the additional $500 or $600 for his Alabama house.

“The structure was still in place and the houses on the left and the right side were a pile of debris,” Colon said. “And they were exactly the same kind of houses.”

http://blog.al.com/spotnews/2011/09/alabama_tornadoes_some_experts.html

  1. Ask your builder for references-lots of them. Then take the time to call these people.
  2. Check to see if your builder builds home within the city limits of where you live. City inspection departments often have more stringent requirements which marginal builders will avoid. County inspection requirements (if there is a county inspection department at all) are generally more lax. A builder who does not build inside the city limits may do so for this reason.
  3. Ask to see proof of liability insurance. Make sure the policy will extend through the time it takes to complete your construction. Insist that the policy limits exceed the entire contract value of the house you are building. Policies issued or underwritten through Zurich Insurance Company have been especially problematic in the past.
  4. Call the Alabama Home Builders Licensure Board. They have lists of complaints filed by consumers. While the Licensure Board will not tell you any details about the complaints, any builder who has complaints against him at that level should be viewed with more scrutiny.
  5. Refuse to sign an arbitration clause. Any builder who insists on an arbitration clause should be viewed with great scrutiny. No one thing prevents more homeowners from being able to make a builder accountable for their mistakes than an arbitration clause.
  6. Throughly read your entire sales/construction contract before signing.  This is a situation that you can contact your own attorney and make sure that the contract is in your best interest. (see post : What do I need to know about my sales/construction contract? )
  7. It building a home, make sure there is a change order provision in your contracting, requring the signature of both you, the homeowner, and the builder and make sure you have a copy on file of all the change orders that you sign.  This way at the end of the construction you are not blindsided by a bill for things that the builder says you verbally requested. 
  8. DO NOT SIGN A LIMITED WARRANTY.  Under Alabama law, a homeowner has six years in which to file a claim against a builder.  Builders have begun trying to hide behind limited warranty and claiming they are good for the homeowner, when in fact they are an attempt to limit the builder’s liability and the rights of the homeowner.

It is strongly recommended that you read your entire sales/construction contract thoroughly, even multiple times before signing. These contracts are written by teams of lawyers representing builders and real estate agents so naturally most of the fine print is not for your benefit. Primarily, we recommend that you search the contract for an arbitration clause and “Limited Warranties” filled with legalese. If your builder wants you to sign these kinds of contracts, we recommend you refuse to sign the contract, unless they will remove or cross out these terms. Any builder who insists on an arbitration clause and a complicated warranty should be viewed with great scrutiny. No two things prevent more homeowners from holding builders responsible for their mistakes than arbitration clauses and warranties filled with exclusions and waivers.

It is imperative everyone know builders are not required to carry general liability insurance by the Homebuilders Licensure Board.   

It is equally important for everyone to know there is no state license or insurance requirement for subcontractors either.  

Any builder that hesitates to provide you with liability insurance certificate sent directly from their insurance agent that lists your name should be avoided at all costs.  The same applies for all of their subcontractors too.  Any legitimately insured builder can provide you with these certificates with a single phone call to their insurance agency.  

Unless you are buying a house in a city or county that requires a builder and subcontractors to provide the inspection department with a certificate of valid liability insurance, most do not.  

Before you contract with a builder, we strongly recommend you verify that they have a current license on the HBLB website and obtain certificates of liability insurance directly from their insurance agents for not only your builder but also each subcontractor they hire. 

Anyone building homes for the purpose of sale in Alabama is required to obtain a license from the Alabama Homebuilders Licensure Board.  www.hblb.alabama.gov

The Homebuilders Licensure Board was established in 1992 to enforce the provisions of The Home Building and Home Improvement Industries Act, codified at Ala. Code § 34-14A-1 (Amended 1975), et seq. which provides for the licensure of persons engaged in residential construction in the State of Alabama.

The Homebuilders Licensure Board can discipline a licensee by:

  • Reprimanding the licensee
  • Imposing a fine that is to be paid to the Board
  • Suspending their license for a period of time
  • Revoking their license
  • Requiring the licensee to attend builder education classes.

The Homebuilders Licensure Board cannot:

  1. Order a licensee to return to a property to take corrective action
  2. Order a homeowner to allow a licensee to return to the residence to take corrective action
  3. Establish monetary damages in favor of or against a homeowner or licensee
  4. Order a licensee to reimburse a homeowner for faulty construction work
  5. Order a homeowner to pay a licensee for work performed

Before you contract with a builder, we strongly recommend you verify that they have a current license on the HBLB website and obtain certificates of liability insurance directly from their insurance agents for not only your builder, but also each subcontractor they hire. 

As reported by Keith Clines of the Huntsville Times:

HUNTSVILLE, Alabama – Storm shelter grant applications are now available for eligible residents who want to build a storm shelter or safe room at their home.

The Huntsville-Madison County Emergency Management Agency made the grant applications available online today.

The federal grants will reimburse a resident 75 percent of the cost to build a shelter, but the total cost of the shelter is capped at $4,000. The resident is responsible for the other 25 percent, or up to $1,000.

A resident will not be reimbursed if he starts construction of a shelter or safe room before he is approved for a grant by the Federal Emgergency Management Agency.

Madison County residents interested in applying for a grant can do so online at www.madisoncountyema.com. Click on the “apply here” under the safe room grant applications heading.

The grants will be issued in order that the applications are received. Applicants will be notified when the grant money becomes available.

The EMA said in a news release that the grant money may not be available for months, but the application is a required first step.

The grants are for individuals wanting to build a storm shelter or safe room. They are not for community storm shelters.

The grants are available for home owners in an area declared a disaster area by the president.

If approved for a grant, the homeowner must:

• Complete a safe room work sheet and submit it the local building inspection department.

• Obtain a building permit from the local building inspection department.

• Present certification by an Alabama licensed engineer that the safe room plans meet FEMA standards.

• Present certification by an Alabama licensed contractor that the safe room is built to the certified plans.

• Satisfy all requirements of the local building inspection department.

You can find more information at the Alabama EMA:

http://ema.alabama.gov/

Download the Alabama EMA Worksheet:

ALABAMA EMA Individual Safe Room Worksheet

The Tuscaloosa New published a story June 13, 2011 regarding asbestos removal in single family homes affected by the recent tornadoes.  The removal of asbestos is regulated in governmental structures, commercial structures and multi-family structures, but is not regulated when removed from single family homes.  Please be diligent in identifying building material which may contain asbestos, remove and dispose of properly so as to minimize the affects on residents and the environment.

Here is the clip from Matt Cuthbert of al.com:

TUSCALOOSA, Alabama — While the threat of exposed asbestos has been a concern since the early days of cleanup from the April 27 tornadoes, Tuscaloosa residents are finding it to be more of a problem than anticipated.

No rules govern the removal and disposal of asbestos from single-family homes, reports the Tuscaloosa News.  Despite having been banned in 1978, the material is expected to be present in most damaged buildings, the report said.

With that asbestos now exposed to the air, those involved in debris cleanup run the risk of inhaling its carcinogenic fibers — a risk made more foreboding by the hot and dry summer.

ADEM suggests that residents use caution and spray damaged areas with water to reduce the likelihood of airborne circulation of asbestos particles, says the report.  However, those guidelines are recommendations only, and are not enforceable — a fact that is causing apprehension for the Tuscaloosa City Council.

Read the full report from the Tuscaloosa News.

The State of Alabama enacted the Home Repair Fraud Statute in 2006, in an effort to deter owners from having contractors take advantage of them when having work done to their home.  The Home Repair Fraud Statute is a criminal statute that carries a penalty for a first offense of a Class A misdemeanor and restitution and for a second or subsequent offense a class C felony and restitution.

You can file criminal charges against your contractor for Home Repair Fraud if you have experienced one of the following situations:

(1) If you enters into an agreement with a person for home repair, and the offending person knowingly engages in any one or more of the following deceptive activities:

a. Misrepresents a material fact relating to the terms of the agreement, misrepresents or conceals a preexisting condition with the property involved, or the creation or confirmation of another’s impression which is false and which the offending person does not believe to be true, or promises performance which the offending person does not intend to perform or knows will not be performed.

b. Use of any deception or false promises in order to induce, encourage, or solicit a person to enter into an agreement to perform work on a home.

c. The contractor conceals their real name or the name of his or her business or business address or provides a false name.

d. Use of deception, coercion, or force to obtain a person’s consent to change the terms of the original agreement.

(2) A contractor damages your property in an attempt to get hired to perform the work to fix the damage

(3) A contractor instructs the homeowner that he is affiliated with the government, a governmental unit or a public utility, with the purpose to persuade the homeowner to into a contract with the contractor to allow them to perform work on the home.

To file a claim for Home Repair Fraud, you need to call your local Police Department and file a police report for Home Repair Fraud.  Make sure you provide the Police Department with the name of the statute and the code section of the statute.  The Alabama Code Section for the Home Repair Fraud Statute is 13A-9-110 thru 115.

There will be a workshop covering the Alabama Home Repair Fraud Statute on Saturday May 7, 2011 at South Hampton Elementary School.  The workshop will run from 10 AM to Noon.

The address for South Hampton Elementary School is 565 Sheridan Road, Birmingham, Alabama 35214.

There will be various speakings discussing ways to protect yourself from home repair fraud, and what to do if you become a victim of home repair fraud.  Art Edge in our office will be one of the speakers discussing licensing requirements and what to look for in your home repair contract.

Here is some information we thought you might find helpful if you are dealing with making repairs to your home or rebuilding after the tornado.

  • NEVER PAY A CONTRACTOR FOR WORK NOT PERFORMED!!!  If the contractor requires money for supplies or other necessities, contact the supplier yourself and pay for the supplies rather then giving the money directly to the contractor.  Only pay the contractor for work that has been performed not for work that is to be performed.
  • Get the agreement between you and the contractor in writing and signed by by the homeowner and the contractor doing the work.  Make sure that all issues you are contracting for are in writing with a set price and a set completion date.  Also make sure all changes to the original scope of work are in writing with a set price that is signed by both the homeowner and the contractor
  • Consult your insurance company before allowing a contractor to perform any work the contractor has said will be covered by your insurance.
  • Ask your insurance company for a list of recommended contractors.
  • Ask to see the credentials of anyone who claims to represent your insurance company.
  • Be suspicious of contractors who approach you unsolicited.  There have been several roofing companies that have preyed on individuals by knocking on doors and soliciting business for hail or roof damage.  These companies tell the homeowners that they will work with their insurance company, request the homeowner to sign over the insurance check and run off.
  • Ask for proof that your contractor has both liability and worker’s compensation insurance, and ask for references.
  • Ask for proof that your contractor has the proper licenses and permits for the job.
  • Be suspicious of vendors who tell you that you will not have to pay your deductible.
  • Be leery of a contractor that promises it will handle your claim for you.
  • Hire a licensed home inspector or structural engineer to monitor the work and make sure the work is completed corrected and meets all building codes.

Make sure your contractor holds the correct licenses.  If you are having work done to your residence and the amount of work and materials is or exceeds $10,000.00, the individual must be licensed with the Alabama Home Builders Licensure Board.  Also make sure that your contractor has obtained all proper permits from the city and/or county where your home is located.  The best way to do this is to contact the city or county you live in and check with the Building Official or Inspection Department to make confirm that the correct permits for your particular circumstances have been obtained.

Alabama Home Builders Licensure Board

800-304-0853 (Toll Free) or 334-242-2230 (Office) or visit their website at http://www.hblb.alabama.gov/Default.aspx

State of Alabama Plumbers and Gas Fitters Examing Board

205-945-4857 or visit their website at http://www.pgfb.state.al.us/

Alabama Electrical Contractors Board

334-269-9990 or visit their website at http://www.aecb.state.al.us/Default.aspx

Check with the Better Business Bureau to see if any pending complaints against the contractor.

BBB of Central Alabama

205-558-2222 or visit their website at http://centralalabama.bbb.org