Senator wants to see homes better built

 
Article Courtesy of the Orlando Sentinel
By Dan Tracy 
Posted November 16, 2003 

Dismayed by the shoddy workmanship of Central Florida's home builders, state Sen. Lee Constantine said he will push in next year's Legislature for tougher construction standards for new homes.

Constantine, R-Altamonte Springs, is not alone in reacting to a series by the Orlando Sentinel and WESH-NewsChannel 2 that documented a systemic disregard for quality control in new homes in greater Orlando.

Some area real-estate agents also are changing the way they do business. And the Home Builders Association of Metro Orlando said in a written statement that it is expanding a homeowner advocacy program to assist buyers.

The association added that the plan -- which offers information on a variety of topics ranging from financing to mold to a law outlining steps that must be taken before a buyer can sue a builder -- was being developed before the Sentinel and WESH stories were published and aired. It will be unveiled Monday on a redesigned Web site.

The program, the statement said, will not mediate disputes between builders and owners because the "HBA is an association, not a law firm." Further details were unavailable.

Constantine said he is drafting a bill that would instruct the Florida Building Commission -- which is responsible for the state's building code -- to devise ways of improving how new houses are built.

"It certainly needs to be looked into," Constantine said. "It doesn't hurt to have the experts look into the situation and see the recommendations they can bring back to the Legislature."

The 23-member commission oversees and recommends changes to the Florida building code, which sets the minimum residential construction standards that are enforced by inspectors working for local governments. The board comprises people involved in all phases of the construction industry, such as contractors, engineers, government building officials and insurance agents.

Constantine said his proposed bill, which would be submitted to the Legislature when it meets in March, was triggered by the yearlong Sentinel/WESH investigation.

Inspections by the paper and station of 406 randomly selected homes built during 2001 found widespread defects ranging from leaky windows, cracked foundations and walls and mold to sloppy workmanship that resulted in sagging roofs, "see-through" stucco and unanchored toilets that rocked to the touch. Eight in 10 had at least one serious problem.

The survey represented the first statistically valid examination of new-home construction ever done in Florida and likely the nation. The inspections found an average of 7.5 problems per house

Many construction experts say the demand for new housing is too great, the production schedule of the builders is too ambitious and the work force is too poorly trained to consistently turn out nearly flawless homes. Almost 23,000 new homes will be built in Central Florida this year.

Home-builder association officials could not be reached for comment on Constantine's bill. The largest production builders, the ones who dominate Central Florida's new housing market, would not comment for the series, contending their views would not be presented fairly.

Generally, the builders say most of the problems uncovered by the Sentinel and WESH were inconsequential and cosmetic in nature or the result of poor homeowner maintenance.

Constantine disagreed, saying that what he read and saw worries him: "Your home is your castle, and you should have assurances of its safety, accountability and affordability."

He said he will look for a state representative to file a companion bill in the House.

Constantine may have a difficult time getting any changes through the Legislature. The home builders are powerful lobbyists, donating more than $450,000 during the 2002 election cycle to 163 candidates for legislative and statewide offices and both political parties. Related businesses and suppliers gave another $1.7 million.

Home building is the state's second-largest industry behind tourism, employing 473,000 people and generating an estimated $42 billion to Florida's economy. In Central Florida, the residential builders employ as many as 50,000 people and contribute $2 billion to the local economy.

The builders provide work for a wide array of professions and trades, from architects, engineers and lawyers to carpenters, masons, secretaries and truck drivers.

Raul Rodriguez, chairman of the state building commission, said he and his board would be willing to study new-home construction if told to do so by the Legislature. "We welcome these charges," said Rodriguez, a Coral Gables architect.

He is not convinced, though, that the building code can be altered to ensure that builders produce a "quality" home. Straight walls and square corners, he said, should not be a matter of law, but the result of buyers putting enough pressure on builders to make a better house.

"In our society," he said, "it is the market that rules."

A group of about 30 real-estate agents who met at an International Drive hotel earlier last week also are interested in how the market is dealing with new homes. Because of the Sentinel/WESH series, they said they intend to recommend to their clients that they retain a certified building inspector to go over a new home before making an offer. Previously, they recommended such inspections only for resales of existing homes.

David Fletcher, who ran the seminar put on by Washington Mutual bank and Security First Title that offered selling tips to the agents, said about a third of all home sales in greater Orlando are new houses.