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MBI's Advocacy Efforts
Original Comment:
MBI maintains close relationships with legislators, regulatory agencies, and other policy makers. We also monitor pending regulation and notify members of upcoming public hearings at the federal, state, and local levels.
Started on June 8, 2010 by Erin Whitt
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Additional Comments:
Hill Visits Yield Results - Offensive Language Removed from Federal RFP
(posted 7.12.2010)
Over the past year, four RFPs for medical facilities for the U.S. Army Corps of Engineers have contained the sentence “modular construction is not acceptable.” The sentence is buried deep in the RFP under a section discussing durability and is clearly “boiler plate” language that has been cut and pasted into subsequent RFPs. Several months ago, MBI contacted the USACE-MX to express our frustration over this language and was assured that it would not occur in future RFPs. Last month, the language appeared again for a medical clinic at Ft. Leonard Wood in Missouri.
MBI arranged for a series of Congressional Hill visits to inform various representatives, particularly those serving on military construction appropriations committees, of this troubling discrimination. Visits to Representatives Chet Edwards and Eddie Bernice Johnson of Texas, Tim Bishop of NY, and Joe Sestak of PA paid quick dividends. Congressman Sestak submitted a letter of inquiry on the industry’s behalf to Lt. General Robert Van Antwerp, Commanding General of the USACE (see Sestak Letter here: http://www.modular.org/marketing/documents/Letter_USACE_Medical.pdf). Within days, the USACE issued an amendment to the project deleting the offensive language (see amendment here: http://www.modular.org/marketing/documents/Amendment_Ft_Leonard_Wood.pdf).
This simple deletion represents a significant victory for our industry. Our collective voice and collaborative efforts are starting to have a real impact in Washington. While there is no guarantee that our industry will ultimately be awarded this project, we were guaranteed NOT to have the opportunity prior to these efforts. This deletion opens up tens of millions of dollars in future projects for our industry.
In addition to monitoring future USACE RFPs, MBI will continue to aggressively lobby Veteran’s Affairs to encourage the agency to move towards more of a “design build” process to create additional opportunities for our industry. We will also continue to meet with U.S. Air Force and Navy Officials to promote the advantages of our process.
Updated on July 12, 2010 by Erin Whitt
All public comments will be published on July 2nd, giving us an opportunity to see how the AEC community in general feels about this. I still do not believe this is on a lot of peoples radar screen.
The first public hearing will be August 14-22 in Chicago and we will have a much better feel for how this code will impact the construction industry after that meeting.
Updated on June 23, 2010 by Tom Hardiman
International Green Construction Code
(posted 6.11.2010)
The International Code Council recently made available for public comment its International Green Construction Code (IgCC). This code will become part of the I-Code family and be available for adoption in 2012. After reviewing version 1.0 of the draft, there are several items our industry needs to be aware of.
As written, the scope of this code will apply to virtually every aspect of construction where the code is adopted. Section 101.2 Scope states “The provisions of this code shall apply to the design, construction, addition, alteration, change of occupancy, movement, enlargement, replacement, repair, equipment, location, maintenance, removal and demolition of every building or structure or appurtenances connected or attached to such buildings or structures and to the site on which the building is located."
This scope is far more encompassing than any previous versions of the IBC and leaves no room for grandfathering of existing code compliant structures. The code goes on to mandate numerous LEED type requirements for all structures, a costly and impractical requirement for many small and/or temporary structures. If adopted as is, the lease fleet side of the business will cease to exist under the current business model in those jurisdictions.
Many feel that the political environment will ensure that some version of the IgCC will be available for adoption in 2012. However, it remains to be seen how many states or jurisdictions adopt it in whole, in part, or modify it upon adoption due to the extremely challenging and costly requirements contained in the code.
MBI is leading the charge to protect our industry’s investments as well as promoting the inherently greener aspects of modular construction. Doing so requires that we separate and define the two major segments of our industry: relocatable buildings and permanent modular construction. We cannot protect the fleet side of the industry without separating and distinguishing it from all the code requirements impacting the permanent side. Further, we cannot promote the green advantages of permanent modular construction without the code applying these requirements to all facility types.
MBI has established and is working towards several goals in this IgCC development:
1) Clearly define “relocatable buildings”
2) Seek an exemption for newly constructed relocatable buildings
3) Ensure that current relocatable buildings fall under Chapter 10 Existing Structures
4) Add language and electives favorable to off-site permanent construction
5) Increase the building size threshold that this code would apply to
At the end of the day, MBI believes that this code will not be widely accepted as written. We believe that the Task Force that developed this version 1.0 attempted to include every possibly green aspect of construction without all the answers, anticipating that the public hearing process would fine tune the document. We feel confident that a great deal of our industry was not considered in this process and we have an opportunity to define those aspects unique to our industry in this code.
Updated on June 11, 2010 by Erin Whitt
Lobbying Government Agencies
(posted 6.10.2010)
USACE:
In 2005, the United States Corps of Engineers approached our industry along with other “alternative construction industries” inquiring how to get our members more involved in upcoming projects. The USACE was about to embark on its most aggressive construction campaign as part of BRAC (Base Realignment and Closure) and its MILCON Transformation Program. In June of 2005, a small group of MBI members offered the following recommendations to the Corps:
1) The Corps could increase the number of modular builders by breaking down contracts into four to six awards for each project: 1) site and infrastructure; 2-4) Specific buildings (barracks, office space, dining halls; 5-6) Specific building types geared toward pre-engineered metal buildings (warehouses, etc.)
2) Standardize building plans as much as possible. Allow for one type of building footprint for barracks, one for office space, etc. Exteriors could vary based on regional architecture
3) Open up requirements to Type V construction
4) Include the modular industry as a partner in USACE discussions, meetings, and events
After more conversation and input from a variety of sources, MBI Executive Director Tom Hardiman received the following email:
Mr. Hardiman – I am writing this e-mail to you as you have been identified as the appropriate POC for the following information.
Please be advised that the Louisville District, US Army Corps of Engineers, has issued Solicitation # W912QR-06-R-0008, for a Design-Build two-phase “best value” RFP to construct 384 barracks spaces at Fort Campbell, KY. This RFP is the first Corps of Engineers “test” project using the new MILCON Transformation Model RFP approach which allows all types of construction, uses commercial specifications and industry standards, and encourages innovation and creativity by the construction community. This includes modular construction. We wanted to make sure your group was aware of the solicitation that is currently on the street. The Phase 1 proposal is due 2 Dec 05. Specific information can be found in FedTeDs.gov and/or FedBizOps. Project Manager, Louisville District, US Army Corps of Engineers.
Since that time, the industry has completed over 10 million square feet of facility space needs for the USACE.
Department of Education – Impact Aid Program:
During Congressional debate of the American Recovery and Reinvestment Act of 2009 (a.k.a. ARRA, stimulus bill), the Modular Building Institute aggressively lobbied for inclusion of “modular-friendly” language in the bill. When the smoke cleared and the bill was reviewed, the industry did in fact receive favorable treatment in one section – funding for the Department of Education’s Impact Aid Program.
The stimulus bill allocated funds to the Impact Aid Program to make grants to local school districts for new construction or renovation of existing facilities. MBI asked Impact Aid Program Director Catherine Schagh to address the industry at the 2009 Government and Military Construction Conference. At that conference, Ms. Schagh asked for interested parties to submit their names to be considered as “grant readers” for the process.
MBI Executive Director Tom Hardiman was selected as a grant reader and reviewed over fifty applications (about one-third of the total number received). In late May 2010, the final grant awards were announced, with four modular projects totaling over $10 million receiving funding along with three additional opportunities not specifying traditional or alternative methods. In all, the process resulted in 7 opportunities totaling over $20 million for the industry.
Updated on June 10, 2010 by Erin Whitt
Classroom Acoustics
(posted 6.9.2010)
The commercial modular industry recognizes the important role that proper acoustical design and construction plays in creating an optimal learning environment. We also recognize the vital role that relocatable classrooms play in maintaining manageable class sizes and providing schools with affordable swing space.
As the manufacturers and dealers of relocatable classrooms, our industry is committed to continuously improving learning environments using a balanced “whole-building” approach towards acoustics, energy efficiency, indoor air quality, day lighting and student comfort, while continuing to provide schools with affordable space.
In 2002, the American National Standard Institute (ANSI) adopted ANSI Standard S12.60, setting the maximum background sound level for unoccupied classrooms at 35 decibels.
The standard disregarded unique circumstances such as local funding capabilities, geography, population, and other site-specific issues which impact the school’s ability to meet the criteria. For these reasons, the MBI and several of its members participated in a working group with acoustical experts to develop an addendum to the standard specifically for relocatable classrooms. The standard can be found here: http://asastore.aip.org/shop.do?pID=581.
Updated on June 9, 2010 by Erin Whitt
Removing/Reducing Local Impediments to Businesses
(posted 6.8.2010)
Every year, MBI monitors and reviews over 2,000 different bills and proposed regulations to determine their potential impact on our industry. MBI has taken the lead to introduce, change and defeat legislation and regulations that would have an adverse impact on our industry’s ability to utilize our assets in the manner in which they were intended. We have successfully protected our members’ interests in numerous states and provinces on issues ranging from taxation, plan approval, code compliance, relocation and recertification. In short, we are the voice of the commercial modular construction industry.
Updated on June 8, 2010 by Erin Whitt
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