About The HBA

The Western Ohio Home Builders Association is a progressive, professional trade association dedicated to promoting and enhancing the professionalism of the building and associated industries in and around Miami, … Read More


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2021 OHBA Year in Review

LT. GOVERNOR JON HUSTED ATTENDED AND SPOKE AT THE OHBA SUMMER MEETING 

Lt. Governor Jon Husted traveled to Wooster, Ohio to speak to OHBA members at its summer board meeting.  OHBA members gave Lt. Governor Husted valuable insight into the current challenges of the industry.

OHBA KEPT UP TO DATE ON THE DEVELOPING REGULATIONS RESULTING FROM COVID-19

From vaccine mandates to liability insurance claims, OHBA kept up with legislative and legal action resulting from COVID-19.

SUPPORTED PROPERTY TAX CHALLENGE REVISIONS IN HB 126

OHBA joined business groups, including the Ohio Chamber and Ohio Association of Realtors, in support of HB 126 to help curb abuses in both commercial and residential property tax assessment challenges by local school boards.

OHBA REPRESENTED INDUSTRY IN ONGOING ENVIRONMENTAL REVIEW APPEALS COMMISSION NEGOTIATIONS

As the new navigable waters rule removed “ephemeral streams” from its definition of Waters of the United States, the OEPA issued a draft general permit to regulate as a water of the state.  OHBA has been negotiating a settlement on behalf of the industry in front of ERAC since the notice of appeal was filed in 2020.

MONITORED ALL ACTION RELATED TO REGULATION OF WATERS OF THE US (WOTUS) AND STATE EPHEMERAL STREAM LEGISLATION

In addition to both testimony in house and senate committees, OHBA met with the House Committee Chairman over the summer to help explain the impact of HB 175.  Even with the most recent Arizona Court ruling reinstating the pre-2015 WOTUS rules and definitions, bringing ‘ephemeral streams’ back under the jurisdiction of the Army Corp of Engineers, HB 175 remained an important vehicle in a very fluid, and uncertain future of how these and other water features will be defined and regulated. OHBA has monitored any and all action at the federal agency, state agency, and judicial levels.

GOVERNOR ACCEPTS OHBA RECOMMENDATION FOR HOUSING STUDY COMMITTEE APPOINTMENT

After Senate budget language proposing changes statute dealing with the valuation of subsidized residential rental property was removed, it was replaced by the formation of a Study Committee. The original amendment would have required county auditors to value Low Income Housing Tax Credit (LIHTC) properties and other properties receiving federal subsidies to be valued as market rate properties without regard to governmental use restrictions.

OHBA was one of several groups to have an appointment on the Study Committee.

OHBA HELD MEETINGS WITH TOWNSHIPS ON ZONING REFERENDUM

As development after development was subjected, and likely, defeated by zoning referenda, OHBA met with the Township Association and began contemplating potential changes to the process.

OHBA OPPOSED LOCAL BANS ON NATURAL GAS

OHBA testified in support of HB 201 to prevent local governments from limiting use of natural gas. As one of several groups coming together to oppose the local bans on the use of natural gas, OHBA helped get HB 201 signed into law, providing valuable insight into the potential impacts to existing and new housing stock.

OHBA MEMBERS CONTINUED IN LEADERSHIP ROLES FOR OHIO COMMERCIAL AND RESIDENTIAL CODE AUTHORITIES

While over the years OHBA members served active and valuable roles on both the Residential Construction Advisory Committee (RCAC) and the Board of Building Standards (BBS), in 2021, OHBA members continued to serve as the Chair of the RCAC, as well as, Vice-Chair of the BBS.  OHBA continues to help to maintain reasonable codes and ensure proper review.

NEW MEMBER APPOINTED TO THE RCAC

With Bill Kaufholz moving to fill a vacancy in the architect spot on the Residential Construction Advisory Committee (RCAC), Andre Frazier, of Frazier Homes, was named the newest homebuilder member of the RCAC in 2021.

MEETINGS WITH SPEAKER OF THE HOUSE AND PRESIDENT OF THE SENATE ON IMPORTANCE OF HOUSING AND LAND DEVELOPMENT   

Throughout 2021, OHBA reached out and spoke with both Leaders on issues impacting the homebuilding and residential development industry.  As many began to finally realize there is a shortage of housing in Ohio, OHBA was contacted by various office holders on what could be done about housing.  

OHBA REITERATED IMPACT OF REGULATION AND LAND DEVELOPMENT DURING ROUNDTABLE DISCUSSION WITH LEGISLATORS AND MAYORS LOOKING FOR WORKFORCE HOUSING

In response to the lack of adequate housing supply, a State Representative from Northwest Ohio put together a roundtable with a local mayor, the realtors, homebuilders, along with a few others to discuss the need for housing in the area and around the state.

OHBA ASKED TO DRAFT LANGUAGE FOR NEW HOME CONSTRUCTION EXEMPTION TO RESIDENTIAL ROOFING REGISTRATION BILL

As the insurance companies put together legislation to register residential roofers, OHBA was the resource for the exemption for new home construction.  Both the proponents and sponsors of the bill reached out to OHBA for crucial insight on the impact of registration.

OHBA FILED AMICUS IN ZONING APPEALS CASE IN SUPPORT OF JURISDICTION

OHBA was again asked to file an amicus brief submitting a memorandum in support of jurisdiction to the Supreme Court of Ohio.  The proposition of law being, where the text in a zoning code contains a table of requirements including a caption above each column that limits or defines the scope of the requirements in such column, those limitations are substantive and must be followed in the application of the requirements contained in the column below the caption.

IMPORTANCE OF ALL TYPES OF RESIDENTIAL HOUSING DEFENDED TO GOVERNOR AND LEGISLATURE

OHBA worked closely in 2019 to help secure an amendment providing some property tax relief to encourage lot development in the budget before the Governor ultimately vetoed the language. Following the veto, OHBA has continuously cleared up misunderstandings, answered questions and defended the industry and the economic development it provides.  In pushing for some relief in property tax assessments on undeveloped residential lots, OHBA firmly expressed the need for equity when considering such types of relief and provided members of the legislature and the Governor with facts and data on the potential impact of new development, as well as, the current state of the housing industry in Ohio.  As more officials take note of the housing crisis, OHBA is there to educate them on the practical issues and potential remedies to consider.

OHBA ENGAGED IN NUMEROUS PIECES OF LICENSING LEGISLATION UNDER CONSIDERATION

The legislature again gave OHBA plenty of licensing legislation to monitor in 2021.  Ranging from commercial roofing to elevator contractors, there were quite a few bills under review dealing with the topic of licensing.  OHBA closely watched and engaged in discussions on each and every one.  OHBA was able to offer amendments to be included in several of the proposed pieces of legislation. 

REVIEW AND ADOPTION OF MINIMUM QUANTIFIABLE STANDARDS UPDATES

As the adopting body of the workmanlike standards for the industry, OHBA reviewed and adopted the Fourth Edition of the Minimum Quantifiable Standards.

CONTINUING AGENCY AND LEGISLATIVE FOLLOW UP

While agency issues are always ongoing, many of the legislative issues from 2021 will likely continue into the new year. Throughout the year, OHBA received questions from around the state on enforcement of multiple regulations, and we provided valuable insight and contacts to help mitigate issues brought to OHBA’s attention.

MONITORED LEGISLATION

Throughout the year, OHBA tracked and monitored numerous other items receiving attention by the legislature.  Some of these included SB 61 Planned Communities, SB 142 Occupational Regulation, HB 68 Contractor Payments, HB 107 Elevator Law, HB 126 Property Values, HB 304 Smoke Alarms

At NAHB’s Urging, White House Holds Supply Chain Summit

NAHB’s efforts to engage the White House to convene a home building materials supply chain summit seeking out solutions to end production bottlenecks that have resulted in soaring material prices has borne fruit.

This afternoon, NAHB, along with a diverse group of stakeholders, participated in a virtual discussion hosted by the White House regarding current challenges across the home building supply chain, its implications for the broader housing market, and possible solutions. Administration officials participating in the event included Commerce Secretary Gina Raimondo, HUD Secretary Marcia Fudge, Assistant to the President and Director of the National Economic Council Brian Deese, Assistant to the President and Director of the Domestic Policy Council Ambassador Susan Rice, and Chair of the Council of Economic Advisers Cecelia Rouse.

Thanks to our ongoing efforts, the issue of rising material prices and supply shortages has been brought front and center to the Biden administration. NAHB stressed at this meeting that it is imperative that lumber mill producers boost production in order to meet rising demand.

A Year-Long Effort

This meeting was the culmination of a year-long effort where NAHB has been in the forefront of educating the public and policymakers about how rising lumber and building material prices are harming home builders, home buyers and the economic recovery.

NAHB leaders have appeared on CBS This Morning and numerous times on Fox Business News. We have also been featured in Bloomberg, CNN Business, Fortune, CNBC and scores of local media outlets across the nation calling for action to address rising prices and supply shortages.

In the policy arena, NAHB has reached out to virtually every member of Congress on this issue and held talks with top White House officials and Cabinet leaders. Thanks to the outreach of NAHB’s grassroots membership, several House and Senate leaders have openly raised the issue of soaring lumber prices and housing affordability with Secretary Raimondo and U.S. Trade Representative Katherine Tai. These efforts helped pave the way for today’s meeting. In fact, Secretary Raimondo addressed the NAHB Leadership Council on June 28 and said that “supply chain disruptions are at the top of my mind.”

Moving Forward

In another positive development, many in the residential construction industry may have seen media reports about the recent sharp drop in lumber prices. While this is good news, the lumber crisis is far from over. Most builders have not been able to take advantage of this development because producers are still selling off lumber that they purchased from mills when prices were at their peak.

Moreover, sawmill output continues to lag. During today’s meeting, NAHB underscored that if supply does not increase fast enough to meet demand, we may find ourselves in the same situation as last November, when lumber prices posted a similar steep reduction only to reverse course and move to record-high levels.

And while lumber prices have just recently begun to move downward, the price for other building materials such as oriented strand board continue to soar.

While today’s White House meeting was a step forward, we are not out of the woods yet. Looking ahead, we will remain laser-focused on not only lowering lumber prices and increasing supply, but also keeping pressure on policymakers to improve supply chains for all building materials in order to protect housing affordability. NAHB will continue to work relentlessly on all fronts to find solutions that will ensure a lasting and stable supply of lumber and other building materials for the home building industry at a competitive price.

Learn more about what NAHB is doing to resolve the lumber crisis by visiting their lumber page at nahb.org.

NAHB Working for Their Members

Justice Department Provides Clarity to Ohio District Court Ruling on Eviction Moratorium

A recent statement by the U.S. Department of Justice (DOJ) has provided clarity on a recent legal decision to overturn the eviction moratorium decision by the Centers for Disease and Control Prevention (CDC).

On March 10, NAHB won a key legal decision when the U.S. District Court for the Northern District of Ohio ruled that, by issuing an eviction moratorium, the CDC exceeded the authority granted to it by Congress. NAHB brought the lawsuit as a plaintiff on behalf of its members.

On March 24, DOJ confirmed that the district court’s order applies to all NAHB members across the nation who rent residential properties to covered persons who submitted CDC declarations — not just those who reside in Ohio.

In other words, pending further guidance from the district court or subject to an appeal by the DOJ, the CDC eviction moratorium is currently set aside for all NAHB members.

NAHB filed suit because we believed that the CDC had overstepped its authority in issuing such a broad mandate. And while this is an important legal win to rein in federal overreach, NAHB continues to urge members to seek access to the $46.5 billion of rental funding through the Emergency Rental Assistance Program via your local government and housing authorities.

NAHB worked for a year with Congress and two administrations to ensure flexible funding so tenants are able to pay their rent and stay safely housed during the pandemic. Although funds have not been released as quickly as anticipated, NAHB has always stated that the best way to help all parties is through emergency funding and not moratorium mandates.

The reason the court decision was set aside for all NAHB members — and not all landlords nationwide — is because NAHB was a plaintiff in the case and we had “representational standing.” This means NAHB was acting as a representative of its members who have been impacted by the moratorium. When an association wins a case like this, the decision applies to all its members.

Meanwhile, recent media reports indicate that the CDC may seek to extend its eviction moratorium, which is set to expire on March 31. Given the district court’s ruling on March 10, even if the CDC does take action to extend the eviction moratorium, it should not apply to NAHB members.

For more information, contact Tom Ward.

Commerce Department Cuts Lumber Tariffs from 20% to 9%

With lumber prices experiencing extreme price volatility this year and harming housing affordability, a final determination of the first administrative review by the U.S. Commerce Department to reduce duties on shipments of Canadian lumber into the United States by more than half is good news for American home builders and home buyers.

“The Commerce Department’s action to reduce duties from more than 20% to 9% on softwood lumber shipments from Canada into the U.S. is a positive development, but more needs to be done,” said NAHB Chairman Chuck Fowke. “Tariffs have contributed to unprecedented price volatility in the lumber market in 2020, leading to upward pressure on prices and harming housing affordability for American consumers. The U.S. needs to work with Canada to end the tariffs and achieve a long-term, stable solution in lumber trade that provides for a consistent and fairly priced supply of lumber.”

This latest development on the tariff front comes at a particularly opportune time, with the Random Lengths Framing Composite Price moving lower since mid-September but still up more than 60% since mid-April.

Lower tariffs would mitigate uncertainty and associated volatility that has plagued the marketplace, which could help ease upward price pressure on lumber prices.

Another positive development is that housing construction and new home sales have moved forward at a robust pace in recent months as lumber prices have receded from unprecedented highs. Lumber prices peaked above $950 per thousand board feet in September and are now down to roughly $560 per thousand board feet – which is still at an extremely high historical level.

NAHB continues to work on all fronts to find solutions that will ensure a lasting and stable supply of lumber for the home building industry at a competitive price.

For more information on the tariff reduction, contact Felicia Watson at 800-368-5242 x8229.

Blower Door & Duct Blaster Testing Mandatory

Beginning January 1, 2021, within the jurisdictions of the Miami County Department of Development, blower door and duct blaster testing will be mandatory.  There is no longer an option for a visual test.

The process will be as follows:

  • Plans submitted with a statement that the plans comply with section 1105.3 of the 2019 Residential Code of Ohio (RCO)
  • An inspection checklist will be submitted documenting the proposed design characteristics as indicated in table 1105.5.2(1) of the RCO
  • An approved Res-check or other compliant software will be submitted showing compliance.
  • Before final inspection can be performed, a certificate stating the blower door and duct blaster tests have passed and who performed them
  • At the final inspection a permanent certificate must be posted on the electrical panel and state the following information:
    • R-values in walls
    • ceilings/roof
    • foundation (slab/basement wall, crawlspace wall and/or floor and ducts outside conditioned spaces).

Click Here Examples & Compliance Checklist

Specific information can be found in chapter 11 of the 2019 Residential Code of Ohio (RCO) as well as the 2018 International Energy Conservation Code (IECC).

Contact Rob England, Miami County Chief Building Official with any additional questions at 937-440-8121.

Stand Down for Safety on April 16, 2020

With the efforts of the National Association of Home Builders and the Ohio Home Builders Association and all they’ve done to keep housing an “essential business” comes the responsibility to take safety seriously. So with that in mind, on Thursday, April 16, we are urging members, and all residential construction companies to halt work for at least 10 minutes for a COVID-19 Job Site Safety Stand Down to educate workers on what they should do to keep themselves safe from coronavirus and to help “flatten the curve” for everyone.

As part of the safety stand down, members are being asked to pause all work for at least 10 minutes to relay coronavirus safety precautions, such as maintaining a distance of no less than six feet with others at all times, cleaning and sanitizing frequently used tools, equipment, and frequently touched surfaces on a regular basis and ensuring the proper sanitation of common surfaces and equipment. The safety information can also be distributed digitally (through email and/or text).

NAHB and other construction industry partners have also developed a comprehensive Coronavirus Preparedness and Response Plan for Construction that outlines the steps every employer and employee should take to reduce the risk of exposure to and transmission of COVID-19. It describes how to prevent worker exposure to coronavirus, protective measures to be taken on the job site, personal protective equipment and work practice controls to be used, cleaning and disinfecting procedures and what to do if a worker becomes sick.

NAHB and industry partners also have created a quick-reference job site checklist for employers and employees and a job site safety poster — available in English and Spanish — that can be distributed throughout the workplace. Access those materials here.

If you have any questions or you cannot access the materials, call the HBA office at 937-339-796 or email Donna at the office at

Paycheck Protection Program

The Small Business Administration has released some basic guidelines for the Paycheck Protection Program for small businesses to help keep their employees employed. The PPP is  being administered by the SBA and is a loan that you may not need to pay back if you use the proceeds to cover payroll costs, mortgage interest, rent and utility costs over the 8 weeks period after the loan is made.  There are many requirements yet to be determined, so please read  PPP Information and seek the advice of a professional.  Talk to your local lender or visit www.sba.gov for a list of SBA lenders.  The Paycheck Protection Program will be available through June 30, 2020.

If you want to apply for funding you can download an application here.

Paycheck Protection Application

ENFORCEMENT COMING NOW!!

During today’s COVID-19 press conference, Governor DeWine and Lt. Gov. Husted made it very clear, ENFORCEMENT of Stay at Home Order is coming and should be expected.  Below is a list of bullet points to prepare as best you can.

  • READ the Order and use your best judgment under the plain reading of the Order. Ohio Stay At Home Order_3_22_2020, OHBA Stay At Home Recap
  • DOCUMENT.  Create a document or have documentation ready on how you deem your work as an essential business and be able to justify operations. See list of exempt trades attached.
  • SAFETY PROTOCOLS.  Have supplies, soap, masks, sanitizer, etc., to show compliance with Section 18 of Stay At Home Order.  MUST have safety procedures in place to be able to stay open as an essential business. Job Safety Protocols.
  • Be prepared to stay at home and be told to stop operations if you cannot comply.

DeWine emphasized determinations will be very fact based, must look at facts, not just specific categories.  Read the order, assume business is closed, then look at exemptions and safety requirements required to be satisfied.  The Dept. of Health is in charge of enforcement, not their job to interpret the Order

Directors Stay at Home Order

Housing Construction and Essential Business Construction Considered Essential Infrastructure  Yesterday afternoon, Governor Mike DeWine announced a “stay-at-home” order effective at 11:59pm on Monday, March 23 to last through April 6th.

Most important for HBA members, the residential construction industry (specifically essential business construction and housing construction) is listed as “essential infrastructure” and thus are allowed to continue work during the “stay-at-home” period.

Click here to view the order in its entirety. 

Included as essential personnel by the order are:

·         Financial and insurance institutions. Bank, currency exchanges, consumer lenders, including but not limited, to payday lenders, pawnbrokers, consumer installment lenders and sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions, and institutions selling financial products. Also insurance companies, underwriters, agents, and brokers, and related insurance claims and agency services;

·          Hardware and supply stores. Hardware stores and businesses that sell electrical, plumbing, and heating material;

·          Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations;

·         Supplies for Essential Businesses and Operations. Businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; IT and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; and firearm and ammunition suppliers and retailers for purposes of safety and security;

·         Professional services. Professional services, such as legal services, accounting services, insurance services, real estate services (including appraisal and title services);

The Western Ohio Home Builders Association will continue to update members as we learn new information, but we urge all members to stay safe and practice the COVID-19 Job Site Guidelines

| Job Site Practices|

Miami County Building Regulation Announces COVID-19 Policy

DEPARTMENT OF DEVELOPMENT COVID-19 POLICY, EFFECTIVE: March 20 2020.  The Miami County Department of Development has issued a new procedures with regard to handling permits during this time.  Below is a link with all the information you may need.  If you have any questions, we are here to help as best we can.  Please feel free to call.

Download Policy Guidelines

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