Building Insight September 2020 by BIAW

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Table of contents

WHO WE ARE The Building Industry Association of Washington is the state’s largest trade association representing thousands of companies in the home building industry. BIAW is dedicated to ensuring and enhancing the vitality of the building industry for the benefit of its members and the housing needs of citizens.

BIAW STAFF Executive Vice President Greg Lane Government Affairs Director Jan Himebaugh R.O.I.I.® Select Director Jenn Kavanaugh General Counsel Jackson Maynard Administrative Services Director Jan Rohila

B U IL DI NG INSI G H T ED I TO R I A L STA F F Communications Manager Leah Jaber Writer and Editor Bailee Wicks Layout and Design Brenda Kwieciak

To submit editorial or advertise, contact communications@biaw.com.

Amid COVID-19 restrictions, BIAW hosted its first-ever virtual board meeting at its newly renovated headquarters, the Parkside Building in Tumwater.

Membership and you

Lawsuits challenge state agencies’ overreach

See what your 3-in-1 membership offers benefits at the local, state and national levels

BIAW objects to agencies’ actions

Primary election results

ESD: A study in incompetence

Key takeaways and what’s ahead for the general

Massive fraud scheme tops $550-650 million, 85,000 bogus unemployment claims september 2020

President’s message Membership is one of our greatest positives amid the current world’s negativity. I was reminded of this while attending one of BIAW’s recent outdoor local home builders association’s (HBA) events. Companies usually join their local HBA because a member asks them to, or for many other reasons: to support the industry, health insurance benefits, refunds on industrial insurance, and networking. Members who take the time to engage and participate realize even more significant benefits. Business relationships and personal friendships are forged from volunteering on committees and councils. Invaluable insight can be learned from working with peers.

Sherry Schwab President

During the event, I also realized many members do not know the full extent of their membership benefits. A significant number of attendees asked me what BIAW does. It seemed members knew even less about the National Association of Home Builders (NAHB), which is also included in your membership dues. Most recently, BIAW has earned name recognition for successfully negotiating a return to work five weeks before any other industry during COVID-19. BIAW and NAHB work every day on behalf of our members. BIAW-affiliated HBAs are organized similarly to BIAW and NAHB. HBAs generally deal with local situations, BIAW represents members at the state level, and NAHB’s focus is on national issues. Local and state associations are chartered separately by NAHB with specific rules and territories. Membership has its advantages So, what does this mean to you as a member? Lots.

One significant area of focus for BIAW is legislative engagement. BIAW staff and its lobbyists, combined with NAHB personnel, help fight restrictive legislation and regulations that hamper affordable home building. BIAW is gearing up to battle potential 2021 legislation aimed at increasing unemployment insurance rates and taxes. NAHB is currently working on the soaring costs of lumber due to tariffs and shortages. Both BIAW and NAHB promote skilled trades and education paths for careers in our industry. BIAW offers competitive health insurance options through the BIAW Health Insurance program, an average 36% refund on L&I premiums with the R.O.I.I.® Select program, to name a few benefits. BIAW and NAHB operate committees and councils that reflect our diverse membership: Associates Council, (suppliers and service providers), Remodelers, Professional Women in Building, and Young Professionals (the under 45 crowd). NAHB has additional groups: Custom Builders, 55+ Housing Industry, and Executive Officers Council (staff enrichment). There is pretty much a group for every interest, and all members are welcome. NAHB’s Affinity program offers discounts on Lowe’s, Amazon, Houzz, Office Depot, UPS, Geico, 2-10 Home Buyers Warranty, Dell, and car rentals. Even GM, Chrysler, Nissan, and Dodge car manufacturers offer cash rebates to you, your family members, and employees. Your membership dues have more advantages than you may realize. Learn more online at BIAW.com and NAHB.org. Thanks for being a member!

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Membership Benefits

Membership and you by Karen Hall

Membership Manager

When you join your local home builders association (HBA), you automatically become a member of your local association, state, the Building Industry Association of Washington (BIAW), and national, the National Association of Home Builders (NAHB). Your 3-in-1 membership helps you to run your business more efficiently, smoothly, and successfully.

September begins NAHB’s member drive. Sign up new members: Earn double Spike credits, cash for your local HBA, and a chance at a trip for two to Napa Valley. Benefits of BIAW membership n Qualified participants benefit from enrollment in: lR.O.I.I.® Select, Washington’s oldest and largest construction retro group l BIAW’s Health insurance program, competitive health insurance program options n Year-round government affairs advocacy and legal support n Continuous work on regulatory and building codes n Continuing education and certification courses n National purchasing discounts and rebate programs n Much, much more! Furthermore, when the COVID-19 pandemic hit, BIAW and its 14 local associations worked tirelessly to get the construction industry back to work, offering phase-specific information webinars and up-to-date resources online. Due to BIAW’s efforts, residential construction returned to work five weeks sooner than other business sectors. NAHB annual membership drive September marks the beginning of NAHB’s annual membership drive. This year, recruiters can earn double Spike credits for new members recruited

Sept. 1—Nov. 30. The 2020 membership drive contest also offers builder members a chance to win a trip of a lifetime. The top three builder members from each HBA category—small, medium, and large— who sign up the most new recruits Sept. 1-Oct. 31 will receive an all-inclusive trip for two to Napa Valley, CA. Find out more online at NAHB.org. In addition, the membership drive for local associations, Gain of Thrones–Fall is Coming, lets locals earn up to $50 per new builder or associate member, with a minimum of three net members. Contest runs Sept. 1–Nov. 30. See your local HBA for details. Kudos to our members Thank you for your membership with BIAW, the fourth largest state association. You and nearly 8,000 other building industry-related companies help represent the state’s largest trade association. If you have questions about your membership benefits, please contact BIAW Membership Manager Karen Hall at (360) 352-7800, ext. 137 or karenh@ biaw.com.

september 2020

Executive Vice President’s message I am tremendously proud that our industry has successfully overcome the many challenges brought on by the COVID-19 pandemic. In February, it wasn’t easy to gauge what the future would hold or how long COVID would last. It’s now clear that the disruptions being caused are likely to be with us into 2021, and many of the adjustments we’ve all made in our lives might become permanent. At BIAW, we have worked to adapt quickly to continue to serve our members and industry effectively. Nowhere have these changes been more evident than in BIAW’s education program. This month’s Building Insight highlights what our organization is doing to keep members informed and trained on the changes that are happening in our industry, as well as to attract new people into the outstanding opportunities that a career in residential construction provides. Greg Lane

Executive Vice President

Offering classes to best support BIAW members One of the highest priorities of BIAW is to be a resource of information to our members. So, when Gov. Inslee announced in late April that construction could restart under new safety guidelines, our education team quickly organized online webinars to help our membership understand the new rules and get back to work quickly. More than 1,000 people participated in these live trainings, and hundreds more watched the recordings online. Our education team has also moved our CESCL and CESCL recertification classes online so that members can continue to take advantage of these educational opportunities.

BIAW Education Program scholarships At BIAW, we are dedicated to developing the next generation’s workforce to choose careers in construction. Last month, BIAW awarded the highest amount of scholarship money and grants since our scholarship program’s inception. This year, $24,000 was awarded to 18 recipients and $16,377 in grants to six organizations. A huge thank you to the scholarship review committee who spent hours reviewing and evaluating all of the applications. Building code delay Our government affairs team successfully delayed the implementation of the new building codes adopted by the State Building Code Council (SBCC) until February 2021. This was necessary to educate our members on the newest code cycle changes properly. Not to be confused with the building code delay, the National Electrical Code (NEC) and new electrical rules have been delayed until October 2020. Due to the delay, the existing electrical rules and 2017 NEC will remain in effect until that time. Our education team is scheduling online classes throughout this fall to help all of our members understand and adapt to the new code changes. September is Associate Member Appreciation Month Finally, we will be spending the entire month of September celebrating BIAW’s associate members. Associate members play an integral role in making the home building industry thrive in Washington. You provide critical services to builders and make meaningful connections with customers that have a lasting impact in communities across the state. The contributions you each make to the association are also essential to our success. Thank you to all of our associate members for all the hard work you do as partners in our industry, and we salute you during Associate Member Appreciation Month.

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Legal Team

Lawsuits challenge state agencies’ overreach by Jackson Maynard General Counsel

Under BIAW’s strategic plan, the legal department is charged with asserting members’ interests in courts and or state agencies. Currently, BIAW has three active lawsuits pending in state court. The following is the latest update on each. BIAW v. Inslee, Department of Fish and Wildlife Filed last summer, this lawsuit alleges the governor and Legislature overstepped their constitutional authority in legislation that allows the Washington Department of Fish and Wildlife (WDFW) to create new fines for builders. The bill repealed the existing ability of WDFW to fine for violations, and the governor vetoed the subsection granting WDFW the new authority to fine. As a result, there is confusion about the authority of WDFW to implement the bill through enforcement and rulemaking. The lawsuit alleges the governor violated the constitution by vetoing a small portion of the bill and the Legislature violated the constitution’s single-subject requirement by passing a bill that had matters not reflected in the title. Although the governor can veto parts of bills, he must veto an entire section rather than a single item or line. Depending on whether the governor’s veto is upheld, WDFW may assert authority to increase fines for Hydraulic Permit Approval violations to $10,000 per violation. The court heard BIAW’s motions in January; however, the judge found that BIAW lacked standing because no BIAW member had yet been fined. BIAW appealed directly to the Washington Supreme Court, who declined jurisdiction in July.

See CHALLENGE on page 15 september 2020

Government Affairs

Primary election results

Washington’s Primary election, a 54% turnout, was the highest since 1964. Predictions for the November general election expect the momentum to continue.

by Jan Himebaugh Government Affairs Director

The results of Washington’s primary election have been counted, tabulated, and certified by the Secretary of State. With over 2.5 million votes counted, the 54% turnout is an above-average showing for a primary election in our state. This year’s ballot included all statewide offices, half of the state Senate seats, and all state House seats. Both U.S. Senate seats were not on this year’s ballot. In the state Legislature, Democrats have working majorities in both chambers and will likely remain in control after the general election.

Key takeaways

No blue wave in the primary While Washington is considered a solid blue state, there was no overwhelming blue wave; however, most insiders expect the anti-Trump blue wave to arrive in the general election. House Republicans had a solid primary Republicans moved into a position to win two Democratic-held seats. Somewhat concerning for the GOP is two seats that are historically red are now in play. Key Senate races are all toss-ups In the Senate, there are four swing races: three GOP and one Democrat-held seats, all four are toss-ups. Races draw unexpected interest Three statewide offices in play hold unpredictable results: Lt. Governor, Public Lands Commissioner, and Superintendent of Public Instruction. Several Blue v. Blue races With Washington’s open primary system, several D v. D races will be on the general ballot: Lt. Governor, a House, a Senate, and a Congressional seat.

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Senate n Democrats have a 28-21 majority. n There are four swing-district races. Republicans had three seats in play and all advanced. n Democrats had one swing district in play, held by one of four moderate Democrats. This incumbent did poorly with the strongest GOP challenger advancing to the general election. n There is one high-profile district race between two Democrats: a moderate incumbent and a progressive-left challenger. The challenger won the primary, but the battle continues to the general. House n Democrats have a 57-41 majority. n There are 14 swing districts races out of 98 total. n Republicans have eight seats in play, winning all eight. The GOP led in two Democratic districts, one a solid Republican leader over whom the Democrats consider their most conservative legislator. Despite their primary success, the House GOP has several seats that are especially exposed if a blue wave does arrive in the general election. Democrats have six seats in play, but Republicans won in two of those races, as mentioned. The next page shows a general overview of the primary results. To view the entire primary results, visit sos.wa.gov/elections/. If you have any questions, please contact Government Affairs Director Jan Himebaugh at (360) 352-7800, ext. 135 or janh@biaw.com.

Top Two Overview WA Legislative Races District 5 Senate Ingrid Anderson (D).......................49% Sen. Mark Mullet (D)................. 48% District 10 Senate Sen. Ron Muzzall (R)................. 51% Helen Price Johnson (D)...............49% House, Pos. 1 Greg Gilday (R)................................46% Angie Homola (D)..........................26% House, Pos. 2 Bill Bruch (R)...................................49% Dave Paul (D)............................. 47% District 16 Senate Perry Dozier (R)...............................35% Danielle Garbe Reser (D).............35% District 17 Senate Sen. Lynda Wilson (R)............... 55% Daniel Smith (D).............................44% House, Pos. 1 Rep. Vicki Kraft (R).................... 53% Tanisha L. Harris (D)..................... 47% District 19 Senate Sen. Dean Takko (D).................. 44% Jeff Wilson (R).................................37% House, Pos. 1 Rep. Jim Walsh (R)..................... 58% Marianna Everson (D)...................22% House, Pos. 2 Joel McEntire (R)............................53% Rep. Brian E. Blake (D).............. 47%

District 25 Senate Chris Gildon (R)...............................45% Julie Door (D)...................................43% House, Pos. 1 Rep. Kelly Chambers (R)........... 56% Jamie Smith (D)...............................44% House, Pos. 2 Cyndy Jacobsen (R)........................54% Brian Duthie (D)..............................45% District 28 Senate Sen. Steve Oâ&#x20AC;&#x2122; Ban (R)................. 50% Twina Nobles (D)............................50% House, Pos. 1 Rep. Mari Leavitt (D)................. 57% Kevin Ballard (R)............................43% House, Pos. 2 Dan Bronoske (D)...........................52% Chris Nye (R)....................................25% District 29 House, Pos. 2 Terry Harder (R)...............................39% Rep. Steve Kirby (D)................... 31% District 42 House, Pos. 1 Rep. Luanne Van Werven (R).... 52% Alicia Rule (D).................................48% House, Pos. 2 Jennifer Sefzik (R)..........................50% Rep. Sharon Shewmake (D)...... 49% District 44 House, Pos. 2 Mark A. James (R)...........................47% April Berg (D)...................................33%

Statewide & US Congress Governor Gov. Jay Inslee (D)...................50% Loren Culp (R).............................18% Lt. Governor Denny Heck (D).......................26% Sen. Marko Liias (D)...................17% Attorney General Bob Ferguson (D)...................56% Matt Larkin (R)............................24% Secretary of State Kim Wyman (R).......................52% Gael Tarleton (D)........................43% State Treasurer Rep. Mike Pellicciotti (D).........53% Duane Davidson (R)..................47% State Auditor Pat McCarthy (D)....................47% Chris Leyba (R)............................42% Public Lands Hilary Franz (D).......................51% Sue Kuehl Pederson (R)...........23% Insurance Commissioner Mike Kreidler (D)....................60% Chirayu Avinash Patel (R)........27% Superintendent of Public Instruction Chris Reykdal..........................40% Maia Espinoza.............................25% District 8 Kim Schrier (D).......................43% Jesse Jensen (R)..........................20% District 10 Marilyn Strickland (D)..............21% Beth Doglio (D)...........................15%

* Please note not all races are represented in the overview. **Incumbents are in bold. september 2020

Criminals subvert workers’ safety net

ESD:

a study in incompetence by Bailee Wicks Writer and Editor

One of the most frustrating aspects of the COVID-19 pandemic has been overseas criminals successfully infiltrating Washington’s unemployment insurance system with fraudulent unemployment claims. Employment Security Department’s (ESD) current (and likely incomplete) estimate is between $550 and $650 million paid out to bogus claims— benefits that should have been paid to laid-off workers in Washington state. To better understand how ESD fell prey to such a massive fraud scheme, it’s essential to know how the Unemployment Insurance Trust Fund (UI) operates: n The UI provides a safety net for Washington employees n The UI is 100% employer-paid n Three different taxes make up the UI: l Experience-rated payroll taxes based on benefits charged directly to a specific employer l Socialized tax for benefits paid, but not connected to an individual employer l A solvency tax (federal and state) when the UI trust fund teeters near insolvency n Before Gov. Inslee ordered the mandatory economic shutdown, Washington had one of the most solvent UI programs in the country How it all went awry Gov. Inslee’s edict to shut down all but “essential” businesses in March forced a massive influx 10

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of layoffs. Those people who lost their jobs appropriately sought unemployment benefits. In fact, Inslee actively encouraged businesses to lay off their employees and for those employees to access the enhanced $600/week benefit approved by Congress. Due to the onslaught of layoffs, by the end of March, ESD had received 30 times as many claims yearover-year from 2019. It was apparent ESD did not have the capability to handle this many claims. ESD’s solution was to alter its system to get claims moving quicker. When ESD announced these changes to their security checkpoints, the federal government warned ESD that doing so would put the program at risk for identity fraud. ESD ignored these warnings. With security checkpoints removed and a promise of prompt, no-questions-asked payments, an open invitation for criminals was issued. Once ESD was alerted to fraud from outsiders and federal investigators in April, tens of thousands of counterfeit claims had already been processed. In fact, according to data released Aug. 3 by ESD, by the last week of April, ESD was averaging an approval rate of 2,000 fraudulent claims each day. By mid-May, 56.4% of all claims received were fraudulent. In response to the massive number of fraudulent claims, ESD locked access to accounts. This slowed the filing of fraudulent claims, but it also locked out over 80,000 needy Washingtonians. Since

the beginning of COVID-19, ESD stopped accepting calls or answering emails. This created no way of correcting misinformation or claimants receiving owed benefits for the government-compelled removal of incomes. Insolvency of UI Fund Due to the unprecedented scale of COVID-related unemployment claims and identity fraud and theft, amounting to between $550 and $650 million in UI funds, the UI trust fund is predicted to reach insolvency by the Q4 2020 or Q1 2021. One of the biggest worries is the only solution to replenish the fund is a UI tax increase on employers. This scenario will likely mean a tripling of UI taxes on businesses in 2021 or worse some calculations result in a sextupling of UI taxes. The UI system was not designed for governmentmandated layoffs and shutdowns. Employers are not responsible for the pandemic, which precipitated government action to stop its spread. Employers were directed by the government to close or curtail their operations, thwarting traditional means employed to avoid layoffs.

Businesses should not be forced to bear the costs of unprecedented COVID-related unemployment. Small businesses are particularly vulnerable since their UI use, and UI taxes are often very low. Due to the UI systemâ&#x20AC;&#x2122;s design, even a single layoff can exponentially increase UI taxes on small business. The UI trust fund was drained because of the government-mandated economic curtailment and avoidable theft. Employers recognize their responsibility to pay into the trust fund at levels that fairly reflect benefits used by former employees; however, the overwhelming demands placed on the trust fund were not caused by, and are not the responsibility of, employers in Washington state. Inslee should replenish the UI trust fund with some of the $2.9 billion of federal funds the state already received from the CARES Act and or with existing state funds to fix a problem he created. For more information about the ESD fraud debacle, contact Government Affairs Director Jan Himebaugh at (360) 352-7800, ext. 135 or janh@biaw.com.

september 2020

Safety has its rewards by Jenn Kavanaugh R.O.I.I.® Select Director

If you still haven’t looked into BIAW’s R.O.I.I.® Select retrospective rating (retro) program, now is the time! Your commitment to safety and your employees’ wellbeing could be earning you refunds on the industrial insurance premiums you pay to Labor & Industries (L&I). In fact, R.O.I.I.® Select participants average refunds of 36% of their annual premium! Find out why safety has its rewards—and start earning yours today.

Commitment and dedication

The R.O.I.I.® Select team is made up of workers’ comp experts who are committed to safety, prevention, controlling costs, and helping participants navigate L&I’s daunting system. The best claim is no claim at all, but if a claim does happen, we provide support and share ways to prevent future claims from happening.

Transparent and affordable

We’re upfront about our program fees. Your annual fee is 1.5% of total premiums owed to L&I, or $150, whichever is greater.

We do not charge a group administrative fee. Other retro programs bury additional fees to pad profits and aid their bottom line. Our program fee is 10% of the group’s overall refund from L&I, and an additional 10% divided between BIAWaffiliated local associations. These fees support continuing education, government affairs, and the building industry as a whole.

Performance-based

R.O.I.I.® Select’s strict enrollment criteria and innovative approach to workers’ comp ensures maximum group performance.

building insight

WHAT IS RETRO?

Retro is a safety incentive program with a simple goal: eliminate injuries through improvements in safety and preventive strategies. If an employee is injured, help them get better quicker with a successful return to work experience. Companies that do this can earn a refund.

All-inclusive in-house services at no additional cost

You won’t find any other retro program that offers all these services at no additional cost.

OUTCOME-BASED CLAIMS ASSISTANCE SAFETY SERVICES RISK MANAGEMENT RETURN TO WORK L&I AUDIT ASSISTANCE INVESTIGATIONS AND LITIGATION If you’re interested in R.O.I.I.® Select, go to RoiiSelect.com to see if you qualify.

If the hard hat you put on every day is 10 years old and brittle from age, it’s time to replace it.

Taking care of your hard hat by Bob White R.O.I.I.® Select Safety Services Director

Safety procedures and protocols go further than words and actions; it is essential to wear and maintain the correct equipment on the jobsite. Did you know safety equipment and tools, although designed for safety, can expire and become a safety hazard? Consider the hard hat. It is one of the oldest, most widely used, and most important pieces of personal protective equipment on the job. It consists of two components, the shell and the suspension. Both are designed with high-quality, wear-resistant materials, but they do not last forever. A hard hat requires inspection during assembly and before each use. The hard hat’s protective properties will degrade from exposure to daily work environments, such as sunlight, temperature, and chemicals. To ensure a hard hat has not reached the end of its service life, visually inspect the hat’s shell for: n Breakage n Cracks n Crazing n Discoloration n Chalky appearance n Brittleness (flex the brim, but do not compress the shell sides)

The hat’s suspension should also be checked for loss of flexibility, cracks, breaks, frayed straps, or damaged stitching. How long is the lifespan of a hard hat? The standard lifespan of a hard hat used to be approximately three years, but it can also depend on the hard hat’s make and model and its daily use. Many hard hat manufacturers offer a five-year lifespan, but don’t expect yours to last that long. Wear or damage noticed during a regular inspection may determine an earlier replacement of the entire hard hat is necessary, and always replace your hard hat after it has suffered impact or penetration. If your hard hat shows any signs of damage, it should be replaced immediately. If you’re a participant of R.O.I.I.® Select and want more information on how you can help keep your employees safe on the jobsite, contact R.O.I.I.® Select Safety Director Bob White at (360) 352-7800, ext. 109 or bobw@biaw.com.

september 2020

Education Program

BIAW breaks record for scholarships and grants Since its inception, BIAW has awarded over $670,000 in scholarships and grants to students and groups who have demonstrated a passion and commitment to developing careers in the home building industry. BIAW is proud to announce BIAW’s 2020 Education Program’s scholarship and grant recipients. With over $40,000, this year marks a record-breaking amount of scholarships and grants awarded since the program’s inception. All scholarship recipients are committed to continuing their education in the home building or related fields and filling our industry’s much needed skilled workforce. This year, 34 students applied and 18 winners were chosen based on the field of study, extracurricular activities, and building industry work experiences. “I am very honored and will not let you guys down. Groups like yours, make a big difference in people’s lives,” said scholarship recipient Matthew Clark of Sedro-Wooley. Elma resident and recent high school graduate, Cole Daniels also thanked BIAW. “I promise to continue working hard and will definitely make you all proud,” he stated. Additionally, BIAW awarded six grants to organizations offering programs in constructionrelated fields of study, apprenticeship, and skills assessment services. Habitat for Humanity of Clallam County Chief Executive Officer Colleen Robinson appreciated BIAW’s grant that helped four students graduate from its Summer Build Class in Port Angeles. “BIAW is helping students learn a most needed trade as well as making the dream of homeownership that much closer to reality for our family partners,” added Robinson. “We cannot say thank you enough!” BIAW would like to thank the scholarship review committee members who spent many 14

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hours reviewing and evaluating the applications: Deacon Band, LizAnne Coker, Charles Locke, Russ Shiplet, and Chelsea Snodgrass. Your time and effort is truly appreciated. If you would like more information about the BIAW scholarship and grant program, please contact Education and Certification Manager Hillary Vanatta at (360) 352-7800, ext. 106 or hillaryv@biaw.com.

2020 Grant Recipients

Community Boat Project Shelter from the Storm ....................................... $6,000 Habitat for Humanity of Clallam County Summer Build Class.............................................. $3,377 Kitsap Building Association Construction in Motion, Trades in Motion, Builder Grant ....................... $3,000 Perry Technical Institute Construction and Plumbing................................ $2,000 Darrington School District Tiny House.............................................................. $1,000 Grays Harbor College Carpentry Program .............................................. $1,000

2020 Scholarship Recipients

Blaise Janke..................Perry Technical Institute..............Welding Certification....... $2,500 Alex Rojas.....................Perry Technical Institute..............Electrical Technology....... $2,500 Cole Daniels ...............Grays Harbor College...................Natural Res./Forestry...... $1,750 Danica Miller................WSU.................................................Architecture ...................... $1,750 Sierra Rothlisberger....WSU.................................................LEED Certification............ $1,750 Signe Questad..............Columbia Basin College...............Business.............................. $1,750 Anahi Belen Ramos.....WSU.................................................Architecture....................... $1,000 Matthew Clark.............WSU.................................................Civil Engineering............... $1,000 Jake Eko........................UW...................................................Environmental Eng........... $1,000 Andrew Hastings.........Big Bend Community College....AAS Welding Tech............ $1,000 Samantha Heron.........Peninsula College..........................Construction Tech............ $1,000 Shanna Leyenhorst.....Whatcom Community College...Business.............................. $1,000 Kevin Mendoza............Wenatchee Valley College...........Architecture....................... $1,000 Braydon Metzger.........Peninsula College..........................Welding............................... $1,000 Giovanni Scarpelli.......WSU, Vancouver...........................Mechanical Eng................. $1,000 Maleaha Smith.............CWA.................................................Construction Mgmt.......... $1,000 Mark Starks, Sr. ..........Grays Harbor College...................Carpentry............................ $1,000 Cayden Tanasse...........Gonzaga University......................Accounting......................... $1,000

CHALLENGE from page 7

Status update: The case is awaiting an oral argument date before the Court of Appeals. While this case is pending, BIAW is reviewing the rule that WDFW promulgated to see if it complies with the law. On a positive note, WDFW listened to BIAW’s previous comments and made changes to its proposed rule that removed its ability to charge the $10,000 fine per day and to charge multiple parties with the same violation. BIAW v. Labor & Industries | Public Records BIAW sent the Washington State Department of Labor & Industries (L&I) multiple public records requests for Stute violation citations in which a general contractor can be cited for violations of subcontractors. L&I provided inconsistent responses to similar or identical requests, which led BIAW to question whether L&I’s system for tracking these citations and public record requests was functional. BIAW filed suit in February and L&I has agreed to provide BIAW all requested documents, explain discrepancies in previous responses, and also provide search terms to assist with future requests in exchange for a dismissal. Status: A case status hearing is scheduled for Oct. 30. BIAW will closely review L&I’s pattern of enforcement of these citations to see if it complies with the law. BIAW v. Labor & Industries | Rule Challenge BIAW sued L&I under the Administrative Procedures Act (APA) to prevent L&I from implementing an emergency rule that would have allowed L&I to fine businesses $10,000 for violating the governor’s order regarding safe business practices during the current COVID crisis. The court heard BIAW’s arguments in which L&I violated the APA and exceeded its statutory authority because emergency orders can only be enforced with a misdemeanor. The court disregarded BIAW’s motion and ruled on behalf of L&I, because “COVID is an emergency.” Status: L&I has filed new emergency orders every time the governor has issued a new update to his emergency order. BIAW did not appeal to the judge’s ruling but is closely monitoring L&I’s enforcement of the governor’s orders within the construction industry to look for another opportunity to challenge them.

Strategic Plan Update

Lemons into lemonade: Shutdown creates new online opportunities

Among BIAW’s five strategic plan priorities, none have been hit as hard by the COVID-19 pandemic as the education departments of both BIAW and our 14 local associations. BIAW’s education program team has had to think hard and fast and get creative by offering classes that best support the technical needs, professional growth, and success for our members outlined in our strategic plan’s goals— all in the midst of a pandemic shutdown. Since the COVID-19 restrictions hit statewide, BIAW created and hosted various construction phase-specific webinars to offer important safety changes as the construction sector returned to the jobsite. Our Phase 1 webinar alone has received over 3,000 views. Along with the webinars, we created several jobsite safety documents and translated many into Spanish. Unfortunately, the pandemic restrictions have not eased, and all previously scheduled inperson classes and recertifications have been canceled. We have switched gears and now offer many classes online so members can learn from the safety of their home or office. BIAW’s current September class schedule is now online. Find it at www.BIAW.com/Class_Schedule. For more information on BIAW class offerings, contact Education and Certification Manager Hillary Vanatta at (360) 352-7800, ext. 106 or hillaryv@biaw.com.

BIAW wants to hear from you If L&I has fined you for violating the governor’s emergency order, we want to hear from you. Please contact BIAW General Counsel Jackson Maynard at (360) 352-7800 ext. 108 or jacksonm@biaw.com. september 2020

Certified Builder

Meet our newest certified builders Lucas Shifflett Titan Builders, LLC, Carlsborg Lucas Shifflett has been a member of the home building community on the North Olympic Peninsula for more than 20 years. He is also a member of the North Peninsula Builders Association. Shifflett’s passion for home building began when he was just 16-years-old, working weekends and afternoons for local contractors in his community. In 2009, he became a licensed general contractor for Titan Builders, one of the Peninsula’s largest residential contractors. Titan Builders specializes in custom-built homes and large-scale remodeling, serving Clallam County. The company’s focus is to build a business culture based on integrity in an ever-changing industry. John Piazza Jr. John Piazza Jr. Construction & Remodeling, Inc., Mount Vernon John Piazza Jr. has been in the construction industry for most of his life. He began his construction career in his teens working for his parents’ company pushing a broom on jobsites. During this time, he helped with the construction of several hundred homes in and around the Mount Vernon area. In 2012, he and his wife, Kim, started John Piazza Jr. Construction & Remodeling, Inc. Since then, they have expanded the company with the type of building services they offer, and grew their workforce. John Piazza Jr. Construction & Remodeling, Inc. offers remodeling services, additions, custom homes, spec. homes, multi-family units, and developments. When they are not at the office, the Piazzas believe in giving back to the community. They are members of the Mount Vernon and Burlington Chambers of Commerce, founding members of the Burlington Mid-Day Rotary Club, and past president and coach for the Special Olympics program. Both are invested in their local association, the Skagit/Island Counties Builders Association, where Kim currently serves as president. Kenny Nichol Ethos West Construction Inc., Bellingham Kenny Nichol began his construction career during high school, working long summers as a laborer. Nichol continued working in the construction trade while attending college, earning a bachelor’s degree in construction management from Washington State University. Nichol has over 20 years of construction experience: from small residential remodeling projects, large custom homes, to commercial tenant improvements, office spaces, production facilities, theaters, health clinics, and food service operations. Ethos West Construction Inc., led by Kenny Nichol, has a diverse experienced workforce designed to meet and exceed their customer’s residential and commercial needs. Ethos West Construction Inc. is a proud member of the Building Industry Association of Whatcom County. 16

building insight

Health Insurance Program

Reduce mental health stress with self-care by Bailee Wicks Writer and Editor

As we continue to navigate the coronavirus pandemic’s unknowns, one thing has become abundantly clear: uncertainty is stressful. Whether your stress stems from worries about health, financial strain, or fulfilling new and different roles at work and home, there are things you can do and resources available to help you take care of your mental health. While the term “self-care” has become a bit of a buzzword, the meaning behind it can be incredibly helpful. Self-care means making sure you are most effective by taking care of your needs to take care of those around you. It’s crucial to take time to care for yourself, even in small ways, to maintain your mental health during such a high-stress time. If you find that you cannot manage your stress on your own, there are many resources available to offer you professional help. One resource available is the Substance Abuse and Mental Health Services Administration (SAMHSA) helpline at (800) 985-5990 or text “TalkWithUs” to 66746. Additional resources may be available through your employee benefit plan. If your company is a member of BIAW’s Health Insurance Program, you and your employees may have access to additional mental health tools. Medical carrier Regence BlueShield or Employee Assistance Program (EAP) First Choice Health are two options. These benefits may include access to professional counselors, telehealth mental health support, discounts on additional mental health services, and numerous online tools. To learn more about the benefits and resources available through these BIAW Health Insurance program partners, visit www.Regence.com/member/health-lifestyle/self-care and www.FCHN.com/learn/coronavirus-informationupdates. If you need help finding the appropriate resources and benefit plans for you and your employees, contact BIAW’s Health Insurance Program administrators at (425) 641-8093 or visit www.BIAWHealthTrust.com. september 2020

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LOCAL ASSOCIATION HAPPENINGS [1] BIA of Clark County member and New Homes Tour participant Chuck Neibert, Sarah Neibert, and John Colgate, Affinity Homes, stand in the kitchen of their 4,243 s/f custom-built ‘Dawson’s Ridge’ home in Camas. [2] Spokane HBA members and staff volunteer in Habitat for Humanity’s Spokane Blitz Build 2020.

building insight

[3] Central WA HBA hosted its member-exclusive 2020 Golf Classic golf tournament at the award-winning Apple Tree Resort in Yakima. [4] BIA of Clark County golf tournament participants, (l to r) Corin Watson, Charlie Marvin, Ryan Makinster, and Aaron Marvin at Club Green Meadows in Vancouver, WA.

Call for Nominations

BIAW seeks nominations for associationsâ&#x20AC;&#x2122; highest honors The esteemed Builder/Associate/ Remodeler of the Year (B/A/R) awards honor the men and women who have made significant and lasting contributions to BIAW, the building industry and their communities. Winners are celebrated each year during BIAWâ&#x20AC;&#x2122;s fall board meeting, which takes place this year November 11-13 at the Hilton Vancouver Washington. BIAW seeks B/A/R nominations of devoted and experienced leaders that have achieved remarkable success in all forms throughout the building community and are committed to the mission and promotion of BIAW. These awards recognize the most respected

Builder of the Year Award Residential builders lay the foundation for their community. They create a place to call home where families grow and communities expand. This award is granted to a builder that is not only involved in their local association and community but focuses their eyes on the big picture of what it means to live and work in Washington as a residential home builder. Associate of the Year Award This award gives associates the recognition they deserve and highlights their remarkable contributions to the housing industry at the local and state level. From selling lumber, windows and appliances or offering services such as mortgage finance, these unsung heroes play a key role in the building industry and their communities.

(left to right) 2019 B/A/R winners: Remodeler of the Year Deacon Band, Builder of the Year Rick Hjelm, and Associate of the Year Chris Lockhart.

builders, associates and remodelers in our industry and showcase their dedication and hard work. The categories for the B/A/R awards include:

Remodeler of the Year Award Remodelers are in the business of creating new memories for families and communities. They help their clients vision become a reality for every stage of life. This award recognizes remodelers who go above and beyond for their client, local association, and BIAW. If you know of someone who deserves this recognition return the completed nomination packet by Friday, Sept. 25. Download the packet at www.BIAW.com/Awards. Questions? Contact Brenda Kwieciak at (360) 352-7800, ext. 113 or brendak@biaw.com.

september 2020

Building Industry Association of Washington 111 21st Avenue SW | Olympia, WA 98501 (360) 352-7800 | BIAW.com |

BIAW hosts first-ever virtual special board meeting Due to the continuance of COVID-19 restrictions and gatherings reduced to 10 people or less, BIAW was unable hold the Summer board meeting as originally scheduled at Skamania Lodge in June. The decision was made to hold a virtual Special Summer board meeting Aug. 24, to conduct the association’s necessary business. To add to the stress, BIAW’s new office renovation was finishing up the week before the meeting. Office furniture, desks, IT, and the phone system were being installed up until the Friday before the Monday afternoon meeting. BIAW staff worked tirelessly to create a seamless virtual experience for our members, while still providing a safe space for the senior officers who met onsite at the Parkside Building. Thank you to our state directors who attended via Zoom and made the meeting a success.

The Special Summer board meeting, for the first time, was held in August as a virtual meeting.