2013 SCAHACC Newsletter Summer by Leigh Faircloth

2013 Summer Edition

SummerChapterMeetings SavetheDate August27th September10th September12th September24th September26th

WARMS HEARTS

My Kaywa QR-Code

We have a new facebook page! Please go to our new page and “like it” to follow the association. This new page is directly connected to our website as well. fb://profile/185450724954350

http://kaywa.me/r7vg4 Have you signed in as a member on the SCAHACC website yet? Go to www.schvac.net and click on the Member Login! If it is your first time loging in, you will need to use the “apply for SCAHACC login” link. Download the Kaywa QR Code Reader (App Store &Android Market) and scan your code!

You will receive an e-mail back from staff and we’ll get you “set up.”

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Inside This Issue SCAHACC President, Lee Boylston retells a recent true story. Find out how meaningful the association can be.

The 2013 Golf Tournament is back and has new meaning this year. Read more and register your team today. 20 teams signed up so far!

Read about the IECC Codes Changes and how they may affect your work.

Have you attended any of the chapter meetings this year? Check out our recap.

Regulatory issues affect your business sometimes as much as legislative changes. Read more.

Are you up to date on the regulatory review process? If not, read this article.

Let Me Tell You a Story . . . SCAHACC’s President’s Perspective: A Story of Friendship by Association

n Tuesday, July 16, one of our associate members Tommy Edge (with GPS Management Solutions, Inc.) and his wife Nadine and two friends had just arrived at the beach, just off the pan-handle of Florida, when Tommy’s son Matt called breathless that he had just been in a wreck just west of Summerville, SC. Matt had glanced down and then back up again just in time to see a tractor-trailer truck stopped in front of him. There was just enough time to jerk the wheel hard to the right and sideswipe the back of the truck. Matt’s truck was totaled. Matt was shaken. On the phone within seconds and asking his dad about what to do, Tommy told him to call the police and give him (the dad) a minute to think (and say a prayer of thanks that his child was able to talk to him). Quickly, Tommy began to think of who he could contact who would help. After all Matt was more than seven hours away from his mom and dad and five hours away from his home in Georgia. Tommy, looked at his phone, realizing it was after hours and he tried Medd (Box, SCAHACC Vice President) who lived in the Charleston area. The phone rang and then went to voice mail so Tommy left a message and kept looking at his contacts. He tried Leigh Faircloth, SCAHACC’s Executive Director to brainstorm who else might be nearby but got her voice mail too. Leaving a message, he came upon Mike Sowder, the Charleston Chapter Representative’s number and called his cell phone. Again, he reached voice mail. So, he decided to call the office number and try to reach the answer-

ing service. To Tommy’s surprise, Terri Sowder, with a very raspy voice answered the phone (at 9:30 pm). Tommy asked why she was answering (when obvious by her voice that she wasn’t feeling 100%) and she answered because you called. Tommy explained the situation and Terri said that Mike was in the shower and as soon as got out they would go straight to Matt who was about five minutes away. Tommy told Terri that she didn’t need to go but she said “I’m a mom; I’m going.”

day and pick him up.

In the meantime, Medd called Tommy back and offered whatever assistance necessary but after checking the location of Matt by using his GPS tracking device it was determined that it made more sense for Mike and Terri to go to the accident since the accident happened just a few minutes from the Sowder home.

Folks, I have to tell you, this is what the association can do for you too. It can be a place where you can make real friends who will do ANYTHING for you, especially in a time of need.

Editorial note: To put an exclamation point on this story, it is with Terri’s permission that I tell you that her voice was hoarse because she had had her second thyroid cancer surgery earlier that day. Not only did Terri and Mike go to the wreck and stay with Matt until all the reports were filled out and the tow truck carried his vehicle away, but the Sowders insisted that Matt stay with them in their home that night and assured Tommy (and Nadine) that they would look after him like he was their own. Matt was able to stay with friends (The Sowders) until his brother Kyle, who is also in the business was able to drive from Georgia the next

During her return call to Tommy an hour after the accident on Tuesday night, Leigh said that Tommy told her, “you know, I am so appreciative that I have real friends all over the state of South Carolina, friends I know I could pick up the phone and call and they would do ANYTHING for me!’” I have always thought this but this really proves the fact that it is a very true statement!!!

Friendship is worth more than money; it’s the best benefit program we (SCAHACC) have going. I’m so happy for Tommy and Nadine that their son is ok and I’m so proud of the friendships that our association fosters. It’s worth more than words can say and more than what money can buy. Hope your summer is going well, and I look forward to seeing as many of you as possible at the golf tournament in September where we’ll be raising money for our new Cool Aid (Warms Hearts) Campaign. Lee Boylston SCAHACC President

2013 BOARD OF DIRECTORS President

Lee Boylston

Vice President Medd Box

Secretary

Holley Heating & A/C

AirMax

Rhett Prosser

Waccamaw Heating & Cooling

Jill Marshall

Santee Cooper

J.D. Steedly

Santee Cooper

Treasurer

Asst. Treasurer

Gary Andrews Progress Energy Gene Bishop Midlands Technical College Anne Campbell Carrier Enterprise Jeff Cothran Waldrop, Inc. Mike Geddings Panther Heating & Cooling, Inc. Joey Henderson HD Services Jamie Hooten Baker Distributing Co. Johnny Johnson Carrier Enterprise Tony Jones Holley Heating and Air Scott Kelly Carolina Heating Service Brad Myers Climate Control, Inc. Jeff Owens McGee Heating & A/C Randy Pardee Pardee’s Refrigeration & A/C Henry Powers Powers & Gregory, Inc. Richard Powers Piedmont Natural Gas Joel Reese SCANA Corporation Rick Sanders McCall’s Supply, Inc. Jeff Singletary Pee Dee Electric Cooperative Mike Sowder Air Concept Solutions, LLC John Tuckwiller Carolina Air, Inc. Kevin Williamson Broom Heating & A/C Jerry Woodberry, Jr. Jerry’s Heating & A/C, Inc.

2013 NEW ASSOCIATE AND CONTRACTOR MEMBERS Associate Members

dESCO, LLC hilmor Lukjan Metal Products MedCom Palmetto Home Energy Audit, Inc. Springleaf Finance Sprint

Contractor Members

Action Heating & Air Conditioning, Inc. ARS At Your Service, Inc. Brothers Air & Heat, Inc. Carolina Comfort Systems ClimateMakers Complete Air, LLC Corley Plumbing Air Electric Ductworks Heating and Cooling, Inc. East Coast Air LLC Eastergard HVAC Hubbard Heating and Cooling JB Services Jones Electric King Mechanical Heating & Cooling Myers Heating & Air Conditioning LLC Quality Air, LLC Rush Heating and Cooling, Inc Secession Golf Club, Inc. Service Experts of Charleston Shannon Heating & Air Smith’s Heating & Air Conditioning Southern Plumbing, Htg. Swift Services Heating & Cooling Tri Ventures, LLC Heating & Cooling Tri-City Fuel & Heating Co. Youmas Heating & AC

ANNUAL SCAHACC GOLF TOURNAMENT

Proceeds to benefit SCAHACC’s Cool Aid Warms Hearts

SEPTEMBER

2013

Cobblestone Park 9:00 am Golf Club Registration Blythewood, SC 10:30 am Shotgun Start

2013 SCAHACC Golf Sponsor and Player Registration Form Company: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Contact Phone # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Team Captain _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Shirt Size: _ _ _ _ _ _ E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Team Player _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Shirt Size: _ _ _ _ _ _ E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Team Player _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Shirt Size: _ _ _ _ _ _ E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Team Player _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Shirt Size: _ _ _ _ _ _ E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I/We will be supporting the cause through our (check as many as apply) Players _ _ _ _ _ Team $500 (Member Rate) _ _ _ _ _ Team $600 (Non-member Rate) _ _ _ _ _ Individual $125 (Member Rate) _ _ _ _ _ Individual $150 (Non-member Rate) _ _ _ _ _ Mulligans $40 (per person) or $160 for Team Sponsorships _ _ _ _ _ Hole Sponsorship with a Team $100 _ _ _ _ _ Hole Sponsorship without a Team $150 _ _ _ _ _ Hole Sponsor set up on a hole $300 _ _ _ _ _ Exclusive Hole Sponsorship $500 _ _ _ _ _ Full Scholarship Sponsorship $1500 _ _ _ _ _ Half Scholarship Sponsorship $1000 _ _ _ _ _ BestBall App Sponsorship $1500 _ _ _ _ _ Sign Sponsor $1000 _ _ _ _ _ Breakfast Sponsorship $1000 _ _ _ _ _ Lunch Sponsorship $1500 _ _ _ _ _ After Tournament Food Sponsor $1500 _ _ _ _ _ Cash Contribution (100% directly to Cool Aid)

Golf for a Purpose! Golf with Heart! Return form to SCAHACC via e-mail to christine@associationsplus.com or mail to PO Box 11035, Columbia, SC 29211 Call 1.800.395.9276 for questions.

Total Due: _ _ _ _ _ _ _ _ _ _ _ Payment: _ _ _ _ _ _ Check

_ _ _ _ _ _ Credit Card

Name on Credit Card _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Card # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Exp. Date _ _ _ _ _ _ _ Sec. Code _ _ _ _ _ _ Billing Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City/State/Zip _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail for receipt _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

special appearance by USC Baseball Coach Chad Holbrook

2013 Golf Tournament It is almost that time again to start registering for the 2013 Golf Tournament. The tournament is scheduled for September 19, 2013 at Cobblestone Park Golf Club in Blythewood (same as last year).

Believe it or not, we already have 17 teams who’ve called in (without any promoting)!! Last year, we had 42 teams and plan to reach that again this year. This year, participation in the tournament takes on NEW MEANING. This year, proceeds from the tournament will go to support the association’s new Cool Aid Warms Hearts Program, a community service effort to help veterans in need to beat the heat this summer and to help them save money. The association has teamed up with the South Carolina Chapter of the U.S. Green Building Council to select and a deserving veteran in each of the association’s chapter areas to have a group of licensed HVAC professionals install a new heating and air conditioning system in his/her home. In addition, experts with The SC Chapter of the U.S. Green Building Council will ensure the veteran’s home is energy efficient through its Homes for Heroes program. According to Leigh Faircloth, Executive Director of the contractors association, “This isn’t just a one time gift. Having a licensed HVAC professional install a heating and air conditioning system, combined with improving energy efficiency can substantially cut monthly electric bills, will provide a valuable and long term solution to the consumer’s heating and air conditioning comfort needs.” SCAHACC members have big hearts and we know our members are often asked to “share,” “donate” and “give away” to help others. The association’s new Cool Aid program is designed to allow those with big hearts to not only help a neighbor in need but to also help make our communities aware that HVAC professionals “do a lot of good” all the while helping out a neighbor in need. “We’re proud to be able to give back to these Americans who’ve given up so much for us. Our goal is to try and do this for veterans in need state wide.” Leigh Faircloth, Executive Director of the SC Association of Heating and Air Conditioning Contractors said. Support comes in all shapes and sizes and participation allows you an opportunity to thank your employees or even entertain your customers. If you are willing to be a part of this program and want to “give back,” we have a number of ways to do so through the golf tournament. See the list below or call SCAHACC Headquarters and volunteer your support.

Title Sponsor: Jim Hudson Automotive Group

Coach Sponsor: Federated Insurance Full Scholarship Sponsors: General Wholesale Distributors McCall’s Supply, Inc Drink Sponsor: Lennox Industries Exclusive Hole Sponsors……so far: hilmor Federated Insurance McCall’s Supply, Inc. General Wholesale Distributors

Incudes one team, sign and exclusive hole sponsor

2013 Sponsor Levels and Player Fees

Some with big hearts who have already signed up and committed to support the tournament are as follows:

Full Scholarship $1,500 Best Ball App Sponsor $1,500 Lunch Sponsor (Box Lunches)

$1,500

After Tournament Food/Appetizer

$1,500

Half Scholarship $1,000 Includes one team and hole sponsor

Sign Sponsor $1,000 Includes logo on every hole sponsor sign

Drink Sponsor $1,000 Includes signs on the beverage carts

Breakfast Sponsor $1,000 Includes signage at the breakfast

Exclusive Hole Sponsor $500 Includes sign, set up on hole of your choice exclusively

Hole Sponsor $300 Includes sign and set up on assigned hole

Hole Sponsors included with payment of a team

$100

Includes sign only

Hole Sponsor without a team

$150

Includes sign only

Golf Team (4 golfers, shirts & lunch)

$500

Individual (1 golfer, shirt & lunch)

$125

Mulligans (1 Mulligan/ball buster) 100% of proceeds to go Cool Aid Warms Hearts!

$40

Hole Sponsors . . . so far: Allied Air Enterprises, Inc. Duke Energy Smart $aver Incentive Program Lennox Industries Mingledorff’s Inc. Splash Omnimedia Springleaf Financial Services

*sponsors current at time of printing

2009 IECC Codes in Effect by Scott Kelly, owner of Carolina Heating Service and SCAHACC Past President

REAKING NEWS! 2009 IECC codes now in effect. SC adopted the energy code last year and went into effect this past January. Is this affecting you yet? If not, it will sooner or later. During the recent chapter meetings local code officials where invited to speak on this code change. It was discovered that the code is being enforced primarily on new construction both residential and commercial. One requirement is that duct systems must be leak tested and verified. The code does not specify on who does the verification, so it leaves that decision up to the local code official to interpret who does the verification. We have heard that this varies all across the state. Some officials require a HERS rater or BPI certified auditor, others only require a licensed mechanical contractor. SCAHACC and SC HBA recognize that consistency across the state for code enforcement is a must for the building industry. As this ensures a safe and efficient structure. We are working with the SC HBA, SC Energy Office and the Sustainability

Institute to offer a solution to this verification process. We feel that HVAC contractors are liable for the duct systems we install and warranty our work. It should be us that can test the duct system. Just as a plumber test his water and drain systems. Working for a builder also has a liability in the homes and buildings he constructs. Testing and calculating duct leakage rates is new to many in the HVAC field. For this reason training for this skill will be necessary. SCAHACC is working is working with other industry partners to develop a training and certification called DET verifier (Duct and Envelope Tightness verifier) Many other states have recognized this and developed this certification. Based on the work currently, this will be a less costly certification both in time and money compared to being a BPI certified auditor or HERS rater. We will keep you posted on the progress for this. It has many hurdles to jump before it becomes a reality.

THANK YOU FOR YOUR BUSINESS & YOUR SCAHACC MEMBERSHIP/SUPPORT !!! As it heats up and you need parts, don't forget we can get you Coleman, Goodman, York, Lennox, McQuay, and Trane parts. We are the exclusive distributor of Coleman in the Upstate of SC. We dare you to compare what we have to offer versus other dealer lines. If you are interested in becoming a residential dealer with protective territories please call 864-381-2525

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HUMAN RESOURCE UPDATE

NEW I-9 FORM FMLA POSTER ISSUED O

n March 8th, the U.S. Customs and Immigration Service (USCIS) published an updated version of the I-9 form on its website: www.uscis.gov. Although the form itself looks very different from previous versions, the procedure for proper completion remains essentially the same. Following is an overview of the changes along with a recap of a few key requirements.

WHEN MUST EMPLOYERS BEGIN USING THE NEW I-9?

According to USCIS, the new I-9 took effect the day it was published (March 8th); however, a 60-day implementation period has been granted. As a result, the new version must be in place exclusively no later than May 7, 2013. Use of this form is limited to future hires only. There is no need to have current employees complete this form. Employers should have future re-hires and employees updating expired work authorization documents complete a new form, rather than using Section 3 of the outdated version.

WHAT MUST BE PROVIDED TO NEW HIRES?

When downloading the new I-9, you will note that there are nine total pages. The first six pages are instructions; seven and eight are the pages to be completed by the employee and the employer; and the final page contains the lists of documents that are acceptable to verify employment eligibility. Previously, it was required that the lists of acceptable documents be included with each completed I-9 form; however, it appears that this is no longer the case. The regulations now state that a copy of the instructions and acceptable documents must be available when the form is being completed, but does not have to be attached to each form or provided to the new hires.

WHAT ARE THE CHANGES?

The most obvious difference is that there is now information to be entered on two pages. The first page is exclusively dedicated to Section 1 data entered by the employee or a preparer. The second page contains Section 2, to be completed by the employer at the time of hire and Section 3, which can be used with rehires and when certain work authorization documents are updated. Previous I-9s contained Sections 1, 2 and 3 on the same page. As far as content is concerned, Section 1 now asks for a new hireâ&#x20AC;&#x2122;s e-mail address and telephone number. There is

also a space for foreign passport numbers, when applicable. Sections 2 and 3 do not contain any changes as far as the information to be entered by the employer is concerned. The instructions do state that for employers who use E-Verify, any List B document presented must contain a photograph in order to be valid. The prohibition against accepting expired documents is still in place.

REMINDERS

• The I-9 form should be completed within three days of the beginning of employment. Investigators commonly match the dates entered by the employee and the employer against the beginning of employment date listed in Section 2 to verify that this has occurred. • The completed I-9 is used to process a new hire through the federal E-Verify system, which should also be completed within three days of hire. • Copies of the documents presented should be copied and attached to the I-9 form. • Although not required, it is generally recommended that completed I-9s be kept separate from personnel files. We recommend a binder with all active employees listed alphabetically and a second with all separated employees listed chronologically. • I-9s for terminated employees must be maintained for three years after the date of hire or one year after separation, whichever is later. We recommend using a three-years-after-termination time frame for disposal to ensure that both thresholds are satisfied. • I-9s can be maintained electronically. Finally, when distributing this form for future use, especially in locations away from a central company office, be sure to remove and discard all unused copies of the outdated I-9s. We frequently discover old forms and policies that have found their way back into circulation for one reason or another.

NEW FMLA POSTER ISSUED

The Department of Labor recently issued a final ruling concerning changes to the FMLA regulations. These changes address Military Leave clarifications and expansions, along with new regulations and requirements concerning Airline Flight Crews. These statutory changes resulted in revised forms and postings. The new WHD Publication 1420 – Employee Rights and Responsibilities under FMLA can be downloaded at www.dol. gov/whd. We have incorporated this revised notice into our laminated All-In-One federal poster that is available from our office for $25 plus postage. When an eligible employee is in need of FMLA leave, you can find the updated and required forms (Form WH-380 through Form WH-385) at www.dol.gov/whd/forms or you can contact our office. These revised and added forms are good through 2015. If you have questions regarding the topics covered in this Information Release, you may contact our firm, Sloan, Montgomery, Gregory & Hall, Inc., at (803) 782-9246. This bulletin is provided as a service to clients and is only to give information of a general nature. It is not intended as, nor should it be considered, legal advice or opinion.

HUMAN RESOURCE UPDATE

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RT N ON ILLE ON S T RG O F D N U W E U S T B N V O E O A R S N A E N E T E D M L B E L E EE ND D TA D A R G I E E R R R I R A P S M EO G A P A C CH SP

R O H

/G Y R Thank you to all who attended and supported our spring chapter meetings. Most chapter meetings featured their local codes officials and discussions regarding code changes.

Chapter Area No. of Attendees Prospective Companies Joined Beaufort 37 6 1 Piedmont 31 12 Midlands 53 3 Horry/Georgetown 59 4 Pee Dee 38 9 1 Greenville/Anderson 62 4 CSRA 20 3 Spartanburg 47 4 Charleston 56 15 2 Total: 404 60 4 A big thank you to Jeff Grier at McCallâ&#x20AC;&#x2122;s Supply Inc. for sponsoring the Horry/Georgetown Chapter Meeting and Cosco for sponsoring the meal at the Spartanburg Chapter meeting. Watch your mailboxes (and e-mail boxes)â&#x20AC;ŚFall chapter meetings are being planned and information will be coming out soon!

SC Residential Builders Commission Considers . . . Specialty Contractor Registration Requirements

and Filing Complaints

The association’s lobbyist and Legislative Committee follow, review and try to be informed about issues other than pieces of proposed legislation; they follow regulatory changes as well. The following is another example of the type of information the association works to review and represent your best interests in. We hope you will read this information and your e-mail alerts as it takes all of us to be alert and be aware.

has a false sense of security. A homeowner would reasonably expect that someone who holds a license or registration has a higher level of training and/or experience than someone who does not. The public would be better served by knowing they need to research the person doing work in their homes, instead of relying on the registration for protection.

ISSUE 1: Specialty Contractor Registration Requirements Initial Note: S.C. Code § 40-59-20(7) and S.C. Code Reg. § 106-1 define residential specialty contractor to include plumbers, electricians, HVAC installers and repairers, vinyl and aluminum siding installers, insulation installers, roofers, floor covering installers, masons, dry wall installers, carpenters, stucco installers and painters/wallpaperers. To get a specialty contractor registration, an applicant simply fills out an application, pays a fee and provides three letters of reference. Although the Commission has the ability to require an examination, it has only done so for HVAC installers and repairers, plumbers, and electricians. See S.C. Code § 40-59-220(D) and S.C. Code Reg. § 106-2. In addition, some of the specialty designations are out of date. For example, a granite countertop installer has a specialty license in cabinetry because the registration for granite does not exist in statute or regulation.

In addition, the statute only allows people to choose three registrations at a time before requiring a residential builder’s license. Since the Commission does not require training 23 to have most specialty registrations, there is no reason to limit how many one person can have. Historically, people have practiced in these areas by learning the skill on the job. As a result, there is no efficacy for requiring a registration where the applicant has not met a threshold of minimum qualifications. The specialty contractor registration provides no protection to the public and is an administrative and economic burden for the applicant.

Commission Recommendation: The Commission is concerned with the minimal credentials required of residential specialty registrants and/ or the need for residential specialty registrations; however, the Commission has not come to a consensus on the issue. Agency Recommendation: The Agency recommends the repeal of S.C. Code §§ 40-59-20(7), 40-59-220(D), 40-59-240(B), and S.C. Code Reg. § 106-1 to eliminate the licensure requirement for specialty contractors and the limitation to three specialty registrations at a time. The Agency further recommends statutory amendment to include a separate licensing category for HVAC installers and repairers, plumbers, and electricians. Justification: In 2005, the Commission changed its regulations to require HVAC installers and repairers, plumbers, and electricians to take an exam to receive a registration. See S.C. Code Reg. § 106-2. Since that time, the Commission has not required examination of any other specialty contractor area of practice. Thus, to get a specialty registration, there are no minimum qualifications. An applicant simply fills out an application, pays a fee, and supplies three letters of reference. The Board administrator and several Commissioners are on record saying the letters are of little value. Because no examination is required and many people practice in areas that do not have a specialty classification in line with what they are doing (for example, granite installation mentioned above), the public

ISSUE 2: Filing Complaints Commission and Agency Recommendation: S.C. Code § 40-5980 provides that a complaint alleging misconduct against a licensee “must be in writing and sworn to by the person filing the complaint.” The Commission and Agency recommend deletion of the requirement that a complainant submit a sworn complaint. Justification: The public should not have to jump through hoops simply to file a complaint against a licensee who is alleged to have committed misconduct. There is no necessity for this requirement and it adds nothing to the substance of the complaint. Very few other Boards have similar requirements. Other Issues: • Another comment focused on the requirement for specialty contractors to obtain a bond if the cost of the project exceeds $5,000. The commenter asked the Commission to raise this requirement to $15,000 because most projects exceed $5,000 in today’s market. Because the Agency recommends deleting the specialty contractor requirement, the Agency did not consider this change. • The Commission received several complaints regarding the surety bond requirement because it increases the costs of the residential builder or home inspector. One commenter asked how often the Commission calls on a bond. The bond is called on in approximately 15-20% of cases, and, in many cases does not cover the amount of damage.

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HUMAN RESOURCE UPDATE T

New Truck Driver Rules Guidance on Offer Letters

RUCK DRIVERS WHO OPERATE A VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF 10,001 POUNDS AND OVER REQUIRED TO TAKE A MANDATORY 30-MINUTE REST BREAK AFTER WORKING EIGHT HOURS BEGINNING JULY 1, 2013 The U.S. Department of Transportation Federal Motor Carrier Safety Administration has recently amended the Hours of Service Rules for interstate drivers to require a 30-minute “rest break” if more than eight hours have passed since the end of the driver’s last off-duty or sleeper break period. The break can be taken anytime between the 3rd and 8th hour after coming on duty However, the driver will have to take the break somewhere between the 6th and 8th hour if the driver has to drive up until the end of the maximum 14-hour-on-duty time. The driver must record the break on the Driver’s Daily Log as “off duty,” but the time still must be counted toward the maximum daily 14-hour-on-duty limit. The new rule also applies to drivers who are exempt from logging under the “100 air mile” rule for CDL drivers or “150 air mile” rule for non-CDL drivers. They are required to take the 30-minute break but are not required to record it due to their being exempt from maintaining the Driver’s Daily Log.

The new 30-minute break rule also does not apply to a driver-salesperson whose total driving time does not exceed 40 hours in any period of seven (7) consecutive days. Employees who qualify as “driver-salespersons” are exempt from the maximum hours of service requirements. For more information about the new DOT break rules and other Hours of Service Requirements, you can go to the Federal Motor Carrier Web site, www.fmcsa.dot.gov. BE CAREFUL ABOUT PROMISES MADE TO NEW EMPLOYEES IN OFFER-OF-EMPLOYMENT LETTERS OR E-MAILS. Employment relationships typically start out with good intentions on the part of employers and employees, but things do not always work out. Even if you are careful in screening new employees (interviews, reference checks, background screenings, etc.), you really do not know whether the employee can do the job or is a good fit for the organization until he or she has been employed for a while. Therefore, management must be careful as to what is offered during the hiring process, as employers can be held liable for oral or written promises made to applicants or new employees. For example, one client recently hired a new manager and gave him an offer-of-employment letter that said the employee would be “guaranteed $14,000 a month for

six months.” The owner decided after a few weeks that the manager was not performing up to expectations and terminated him. The terminated manager hired an attorney who wrote a letter demanding that the company pay his client the agreed upon monthly salary for the full six-month term. Be sure your oral statements, offer-ofemployment letters, or e-mails do not guarantee an employment relationship or salary amount for a specific term. It is preferable to show the salary amount in terms of a weekly or monthly amount as opposed to an annual figure. If the salary is expressed in an annual amount, the letter should clarify that the agreed upon salary is paid only if the employee remains actively employed the full year. You should consult with your attorney to draft or review your agreement if it becomes necessary to guarantee a specified term of employment or salary amount in order to recruit a key individual. If you have questions regarding the topics covered in this Information Release, you may contact our firm, Sloan, Montgomery, Gregory & Hall, Inc., at (803) 782-9246. This bulletin is provided as a service to clients and is only to give information of a general nature. It is not intended as, nor should it be considered, legal advice or opinion.

Too Busy To Protect Your Business? Even the best businesses can have claims. Contact your local Federated representative to learn about risk management tools, like fire safety checklists, designed to help prevent your business from going up in smoke. Visit www.federatedinsurance.com to find a representative near you.

Federated Mutual Insurance Company • Federated Service Insurance Company* • Federated Life Insurance Company Owatonna, Minnesota 55060 • Phone: (507) 455-5200 • www.federatedinsurance.com *Not licensed in the states of NH, NJ, RI, and VT.

WARM HEARTS

signed to allow those with big hearts to not only help a neighbor in need but to also help make our communities aware that HVAC professionals “do a lot of good” all the while helping out a neighbor in need.

The Association has teamed up with the South Carolina Chapter of the U.S. Green Building Council to help veterans in need beat the heat this summer and to help them save money.

We’re proud to able to give back to these Americans who’ve given up so much for us. Our goal is to try and do this for veterans in need state wide.” Leigh Faircloth, Executive Director of the SC Association of Heating and Air Conditioning Contractors said.

he association’s new Cool Aid Warms Hearts Program is a community service effort that several board members have been discussion (in concept) for a few years. The goal of the program is to help when and where the association can (through efforts and contributions of its members) and to build the industry’s reputation in a positive manner.

A deserving veteran in each of the association’s chapter areas will be selected to have a group of licensed HVAC professionals install a new heating and air conditioning system in his/ her home. In addition, experts with The SC Chapter of the U.S. Green Building Council will ensure the veteran’s home is energy efficient through its Homes for Heroes program. According to Leigh Faircloth, Executive Director of the contractors association, “This isn’t just a one time gift. Having a licensed HVAC professional install a heating and air conditioning system, combined with improving energy efficiency can substantially cut monthly electric bills, will provide a valuable and long term solution to the consumer’s heating and air conditioning comfort needs.” SCAHACC members have big hearts and we know our members are often asked to “share,” “donate” and “give away” to help others. The association’s new Cool Aid program is de-

volunteer here

The SC Chapter of US Green Building Council has an application and identification process in place to determine and candidates for some “cool aid.” The SCAHACC will use the Council’s application and selection process. If you know of someone who has a need or would like to apply, by contact: execdir@usgbcsc.org. US Green Building Council, South Carolina Chapter ATTN: Energy Efficient Homes for Heroes (EEHFH) PO Box 627. Landrum, SC 29356 If you are willing to be a part of this program and want to “give back,” contact: SCAHACC, PO Box 11035, Columbia, SC 29211 or e-mail Christine@associationsplus.com. We would love to add you to a growing list of those willing to participate and donate (something, i.e., time, materials, labor, equipment, money).

Name:_______________________________________Company:____________________________________ The best way to contact me about the details: ___ phone ______________________________

___ e-mail

______________________________

I am willing to (consider) donate: ___ my time ___ my employees’ time (amount determined by company owner) ___ materials, such as_____________________________________________________________ ___ equipment, such as ____________________________________________________________ ___ other, such as ________________________________________________________________ ___ money, such as____________________ ___ not sure what but want to help, have someone call me.

SCAHACC staff, lobbyist and Volunteer Leader Met with New Department of Insurance Director on Your Behalf Recently, Legislative Chairman Randy Pardee, SCAHACC staff members Leigh Faircloth and Christine Steagall and SCAHACC Lobbyist Coretta Bedsole met with the new state of South Carolina Department of Insurance Director, Ray Farmer. This meeting was initiated for two specific reasons: (1) to introduce our association to the Director as a resource for him in regard to small business issues, and (2) to ask questions about rumored changes in workers comp rates. Our lobbyist shared with the Director that our association, through Pardee specifically, was involved in a rate review several years ago and turned out to be extremely helpful in uncovering issues that were unrecognized at the time in regard to an excessive increase request. Heads Up . . . Director Farmer assured us that he was interested and cared about how rate increases affect “those who write the checks” and that he would always be open to input in that regard. He did acknowledge that a slight rate increase (1.1%) was approved and would become effective September 1. Stay Tuned . . . SCAHACC is researching more information on this increase and will report its findings to the members as soon as possible; so stay tuned.

SummerChapterMeetings SavetheDate Topic: ObamaCare and Affordable Care Act --and How it WILL affect you and your business

August27th in Columbia at Midlands Tech Airport Campus September10th in Rock Hill at York County Tech September12th in New River (near Bluffton) at Palmetto Electric Co-op September24th in Conway at Santee Cooper September26th in Charleston at Berkeley Electric Co-op TBA – Upstate (Anderson, Greenville & Spartanburg) Joint meeting

In February of this year, Governor Haley issued an executive order tasking all of the stateâ&#x20AC;&#x2122;s Cabinet agencies to review existing regulations and laws to determine whether or not they are business friendly. As you know, SCAHACC participated in the Residential Builders Commission process as well as tracked other agency efforts related to the impact on small businesses.

ANOTHER SUCCESSFUL LEGISLATIVE BREAKFAST Regulatory Review Process Coretta D. Bedsole Palmetto Public Affairs, LLC

State agencies have now submitted their reports to the task force, which is chaired by Mark Lutz who serves on the DHEC board. The task force will receive written comments until June 28th, at which time they will begin their review process. SCAHACC will continue to monitor the work of the task force and report to you, our contractors, on items that will impact your businesses. The most significant recommendation made to date comes from the Department of Labor, Licensing and Regulation. LLR recommends the repeal of S.C. Code Sections 40-59-20(7), 40-59-220(D), 40-59-240(B), and S.C. Code Regulation 106-1 to eliminate the licensure requirement for specialty contractors and the limitation to three specialty registrations at a time. The Agency further recommends a statutory amendment to include a separate licensing category for HVAC installers and repairers, plumbers, and electricians. LLR also recommends deletion of the requirement that a complainant submit a sworn complaint against a contractor. The Commission and Agency felt the public should not have to jump through hoops simply to file a complaint against a licensee who is alleged to have committed misconduct. PPA will monitor the task force meetings and call upon SCAHACC members as needed. The task force work will be intensive this summer and fall because the final Task Force Report is due to Governor Haley on November 15, 2013. Stay tuned for more details as they become available.