S. 3373 The other bill before the Subcommittee is S. 3373 introduced by several members of the Subcommittee. The purpose of S. 3373, as stated in the bill, is to promote the utilization of improved technology in federally assisted housing projects and to increase productivity. We wholeheartedly agree with this stated purpose and we endorse the aims of S. 3373. Under it a mechanism would be established to knock down restrictive provisions in local building codes and other ordinances, or such provisions imposed as a part of a contract or other agreement between the builder and his workmen. There is no question that housing costs have in many places been driven up by unrealistic code requirements and by work practices, such as those approved by the U. S. Supreme Court in the infamous Philadelphia Door case. To our mind there is no justification for imposing building requirements on a builder which serve no purpose other than to gild the building or to maintain an archaic work practice. Time and time again, builders find themselves having to use materials and practices which add nothing to the safety or the usability of the building but only add to its cost. This is inexcusable, especially in a time like today when inflation has driven up the cost of housing so much. NAHB has long been in the forefront of those urging the adoption of realistic, sensible building codes which are relatively uniform throughout the country, differing only to reflect climatic or other special conditions of a given area. As things now stand in many parts of the country, a builder finds he must vary his use of materials from community to community in order to conform to building code requirements which represent nothing more than local whim or wish. This is especially troublesome in large metropolitan areas with many political subdivisions, each with the power to decide in its own infinite wisdom what is satisfactory or not satisfactory, instead of what is safe or not safe, in a building being constructed within its boundaries. Therefore, anything that would help to achieve uniformity in building codes and other requirements imposed upon home builders, even if only under HUD housing programs as proposed by this bill, would be extremely helpful. The same is true with respect to work practices which arise in connection with union contracts which attempt to preserve archaic methods of construction to the detriment of the consumer. We are, however, a little unclear in our minds as to exactly how the sanctions in S. 3373 would work and who would be subject to civil suit under its provisions. It is not clear who the aggrieved party entitled to bring suit would be, and what the measure of the damages would be under the bill. We believe that these matters need to be more fully spelled out in the bill. Further, we are concerned whether a builder could be sued for adhering to a contract provision which he has entered into in order to enable him to continue building. This would be extremely regrettable since his natural inclination, of course, would be to choose the most economical means of erecting the building. We believe this must also be clarified. Aside from these concerns about the manner in which the bill's sanctions would be carried out, we do endorse its principles and urge the Subcommittee to proceed with early consideration of S. 3373. Its enactment, properly clarified, will be of undoubted benefit to achieving reductions in the cost of constructing housing. We thank you for this opportunity to appear before you today on these two extremely important pieces of legislation and again we urge your fast action on them. FORMS BUILDER MUST USE OR BE FAMILIAR WITH 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Request for Determination (DB11). Explanation of Labor Standard Procedures and Prevailing Statement of Compliance (WH-348). Supplementary Conditions of the Contract for Construction Contractors Certification Concerning Labor Standards and Subcontractors Certification Concerning Labor Standards Contractor's Supplemental Prevailing Wage Certificate Wage letter (HUD). Instructions for Completing Payroll Form WH-347. Payroll Report Form (WH-347). Monthly Manpower Utilization Report (Form 66). Attachment |