Building Insight November/December 2019

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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 General Counsel Jackson Maynard Administrative Services Director Jan Rohila R.O.I.I.® Select Director Mark Shaffer Communications & Public Relations Director Jennifer Spall

BUILDING INSIGHT EDITORIAL STAFF Communications & Public Relations Director Jennifer Spall Communications Manager Leah Jaber Writer and Editor Bailee Wicks Layout & Design Brenda Kwieciak

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

BIAW’s top award winners (l to r): Remodeler of the Year Deacon Band, Associate of the Year Chris Lockhart, and Builder of the Year Rick Hjelm.

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A review of legal cases

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Code changes ahead

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Safety beyond the workplace

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Get instant access to a doctor

BIAW’s legal team protects members’ interests in 2019

Increase in energy code efficiency requirements ahead

Safety lessons apply on and off the jobsite

BIAW Health Insurance program offers tool to see a doctor via video chat november/december 2019

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President’s message As a 125-pound starting guard on my high school’s football team, my coach would often make me drink banana and egg milkshakes to help me gain weight. He’d throw me in the shower, in full uniform, before getting on the scales so the football game’s roster would list me at 145 pounds. Although the perception of a formidable foe on paper was essential to him, having a winning attitude was more important. Coaching or running a football team is no different from running any other type of organization. The principles are the same: beat the other team and win. That may sound harsh, but it’s true.

Rick Hjelm President

At BIAW, we hold to these same principles. We work hard to offer the best workers’ comp (retro) program, R.O.I.I.® Select, than anyone else in the industry. We work carefully with our health insurance consultants to provide the best health insurance plans available on the market, and we have assembled the most effective and respected political advocacy team in the legislative and regulatory arena. It is a reality that humans are competitive, and the most competitive situations draw the most competitive people. They understand why they are there—to compete. For BIAW, we know the rules and objectives when we get into the game. The object is to win, fairly, squarely, and by the rules—but to win. For our membership, second place isn’t an option.

Have a game plan During the year, I had the opportunity to participate in the legislative process and share my concerns about the regulatory process. I discovered how many proposed laws would have me pay for other people’s bad business practices and it didn’t make sense. I was a little nervous before the legislative session kicked-off, but having gained the weight from the banana and egg milkshakes, my inert desire to win made standing up to Goliath a little easier. We had to win because losing wasn’t an option, but I didn’t do it alone. As with everything we do at BIAW and our local associations, I had seasoned coaches who helped me prepare a game plan and made sure I had everything I needed to succeed. So, if you haven’t noticed the football theme, then let me drive it a bit deeper. The only constant change at BIAW is its leadership. And as my tenure comes to a close, it’s time for me to hand off the ball to a new quarterback and take my place on the sidelines with others who have previously led BIAW. But therein lies, as Paul Harvey would say, “the rest of the story.” You see, Second Vice President Chris Lockhart and I will join the group of former presidents and vice presidents, who have collectively built the bridge for leadership to cross. The combined knowledge and passion of these men and women keep the foundation of the proverbial bridge steadfast and immovable and 4

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continually hold the cables secure during passing storms and constant change. Yet, we must be flexible enough to allow new ideas and growth to flourish and not become roadblocks and barriers to change. Furthermore, may we remain true to our core continue to be at the cutting edge of our industry and respected providers of quality and attainable housing. With that, please take a moment to read the poem written by poet and author, W.A. Dromgoole, as I close my chapter as president.

The Bridge Builder by W.A. Dromgoole

An old man, going a lone highway, Came at the evening, cold and gray, To a chasm, vast and deep and wide, Through which was flowing a sullen tide. The old man crossed in the twilight dim— That sullen stream had no fears for him; But he turned, when he reached the other side, And built a bridge to span the tide. “Old man,” said a fellow pilgrim near, “You are wasting strength in building here. Your journey will end with the ending day; You never again must pass this way. You have crossed the chasm, deep and wide, Why build you the bridge at the eventide?”

BIAW President Rick Hjelm with his wife Lynda.

The builder lifted his old gray head. “Good friend, in the path I have come,” he said, “There followeth after me today A youth whose feet must pass this way. This chasm that has been naught to me To that fair-haired youth may a pitfall be. He, too, must cross in the twilight dim; Good friend, I am building the bridge for him.”

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Executive Vice President’s message The installation of BIAW’s senior officers during the fall board meeting provides an excellent opportunity to reflect on 2019– a very significant year for BIAW.

2019 Milestones After surveying all BIAW members, listening to focus groups, and formulating the details in a two-day retreat with BIAW’s executive committee, BIAW now has its first strategic plan in over 15 years. This comprehensive road map provides a path to lead BIAW forward.

Greg Lane

Executive Vice President

The strategic plan is a living document that we will be discussing throughout the year. Goals have been set, and our progress will be reported regularly. BIAW is already hard at work implementing many of these goals: increasing legal team activity, rebranding our monthly magazine, Building Insight, addressing workforce development concerns, enhancing our continuing education program, and developing plans to grow R.O.I.I.® Select and the health insurance program. The 2019 Legislative session was a challenge from the opening gavel, as lawmakers displayed an unprecedented appetite for increasing taxes and regulations. With the help of members and BIAW’s government affairs, we were able to make gains in condo liability reform and stop many harmful bills to the home building industry. BIAW’s Legal team pushed back on several fronts, filing lawsuits in cases regarding contractor liability, unlawful property takings, raiding of workers’ compensation funds, and unconstitutional vetoes. R.O.I.I.® Select had a wildly successful year, earning a 43% first adjustment refund for the 2017-18 plan year. R.O.I.I.® Select continues to focus on solutions that help participants run safer and better companies. After a thorough evaluation of our office space needs, BIAW directors approved a plan to move BIAW’s headquarters to a new location and purchase the Parkside Building. Renovations on the building will begin in early 2020 with a move-in date planned for summer. A big thank you to President Rick Hjelm for his hard work and dedication to BIAW this past year. During my first full year as executive vice president, I appreciated Rick’s thoughtful, sound, and reliable leadership. I also look forward to the tenure of 2020 President Sherry Schwab and the senior officers. From all of us at BIAW, we wish you a safe and happy holiday!

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Legal Team

A review of legal cases The BIAW Legal team was busy helping to protect our members’ interest and keep agencies accountable. The following are some of the cases BIAW battled in 2019. by Jackson Maynard General Counsel

Property rights The Washington Supreme Court ruled in Yim v. City of Seattle, a case brought against Seattle by the Pacific Legal Foundation (PLF) on behalf of several landlords. The first-in-time rule requires landlords to rent to the first “qualified” tenant regardless of the relative qualifications of a different applicant or any other considerations. BIAW filed an amicus brief arguing that the law would reverse decades-old legal precedent. BIAW also argued the law would create uncertainty in the housing market and create unintended consequences making housing more expensive. The Court ruled in favor of the City. PLF is considering options for appeal.

incurred fighting an illegal planning decision because it did not know it was violating constitutional law. The Court agreed, stating, ‘the statue requires an objective standard, asking whether the city’s final decision should reasonably have been known to have been unlawful. Governments should be responsible for knowing the law.” State law allows a property owner to sue for damages and have their attorney’s fees paid when the permitting agency acts unlawfully. A contrary ruling would have hurt the ability of property owners to recover damages they are entitled to by law.

General contractor liability BIAW also filed an amicus brief pending in the Washington Supreme Court that tested the limits of a general contractor’s liability under Stute. In the case, the Washington Department of Labor & Industries (L&I) sought a broad interpretation of general contractor liability. BIAW argued that a general contractor is not strictly liable for a subcontractor’s safety violations. While the Court issued an opinion that agreed with BIAW’s posihttps://www. officedepot.com/a/products/9477854/OfficeDepot-Brand-Clean-Seal-Greeting/on that general contractors were not strictly liable, the Court ruled that they were vicariously liable and greatly expanded their responsibility for safety violations of subcontractors. This will likely result in increased insurance costs for general contractors.

Raiding workers’ compensation fund After the Legislature passed a bill that would have diverted Workers’ Compensation Funds to implement the governor’s Clean Energy Bill, BIAW filed a lawsuit against L&I and the Washington State Treasurer. The suit, where an agreement was quickly reached, sought to bar the use of Workers’ Compensation Funds for purposes unrelated to aiding injured workers. Under the agreement, BIAW will stay the case to give L&I and the Legislature time to correct the budget during the 2020 legislative session.

Permitting agencies are liable for damages BIAW filed an amicus brief in Church of the Divine Earth v. City of Tacoma. This case involves whether government agencies are liable for damages caused by those actions. The case stemmed from a lower Court’s ruling that the city was not responsible for the costs

The governor violated the constitution by vetoing a small portion of a bill, specifically a subsection that increased fines by DFW from $100 a day to $10,000 per violation. As a result, the law is unclear whether and how DFW can issue civil fines at all.

Governor’s veto lawsuit BIAW filed suit against the governor, the State of Washington, and Washington Department of Fish and Wildlife (DFW) because the governor overstepped his constitutional authority in legislation that created new fines for builders.

A hearing is scheduled for Jan. 3, 2020. november/december 2019

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Government Affairs

Code changes ahead by Ashlee Delaney

Government Affairs Manager

The Washington State Building Code Council (SBCC) completed its part of the code update cycle Nov. 8. BIAW representation was present every step of the long and arduous process as many contentious and cost-driving issues took the debate stage. We owe a special appreciation to BIAW member Diane Glenn, who represents single and multi-family home builders on the SBCC. With Diane’s leadership and hours of service on the technical advisory groups, we have managed to survive another code cycle without a statewide mandate for residential fire sprinklers. Code changes to increase new home costs The energy code continues to be the largest costdriver and hardest to comply with for home builders. This energy code will undoubtedly impact the cost of new home construction, and yet, the state continues to wonder why housing is so expensive. BIAW was able to score several victories in the energy code adoption cycle; however, given the governor’s mandate for the continuous push for increased energy efficiency and significant pressure by activists, cost-prohibitive requirements were embraced. United opposition scores victories Members should prepare for increased energy credit requirements for single-family homes, including some multi-family. The SBCC removed some of the current energy credit options such as low-flow faucets and fixtures but raised the credit value heat pump water heaters receive. The SBCC’s effort targeting gas appliances, such as fireplaces, received strong opposition from BIAW and fireplace suppliers and producers. Their combined efforts helped to preserve the gas appliances consumers demand. This victory is mainly due to a formidable, engaged, and in-person strategy that helped change the code. 8

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BIAW was also able to reduce the energy code credits required for small houses, 1500 s/f or less, initially suggested at 4.5 credits; instead, it will be three credits. Legislature to review proposed code changes The next step in the code process is the filing of CR103 documents. This is a compilation of the base code and the adopted state amendments. A CR103 is created for each building code and filed with the Code Reviser Office, allowing the Legislature to review the documents during the 2020 legislative session. The Legislature can accept the code as recommended by the SBCC, make changes on their own, or reject the SBCC’s recommendations altogether and adopt the code as-is. These new code updates are scheduled to go into effect July 1, 2020. BIAW is developing a strategy to address the continued increase in the cost of compliance of the energy code and advocate for a more balanced approach in the code adoption process. The cost of housing will only increase as the state requires more stringent mandates. Details about these updates, as well as other changes to the codes, are included in BIAW’s Code Update class. You can register for the class online at BIAW.com/class_schedule. If you have questions about the codes, contact BIAW Government Affairs Manager Ashlee DeLaney at (360) 352-7800, ext. 114 or ashleed@biaw.com.


Safety Services

Safety beyond the workplace by Bob White

Safety Services Director

While sitting high in a tree stand, a nice three-point buck presented himself well within bow range. As I slowly tried to raise my body enough to draw back my bow, I did not realize how far off-center I had become, and before I knew it, was hanging just below the tree stand next to the fir tree. After 15 years of hunting, I had never fallen nor thought of wearing fall protection, even though I had worked many years as a professional roofer. Just one year before this incident, I had gone to work for a new employer. The pay was excellent and the roofing company always had work available. The only downside was the owner had a 100% tie-off rule whenever a fall hazard was in effect. I slowly got used to the safety rule; it was just another part of getting the job done. After a few months, I did not think about it anymore, fall protection was just an automatic thing we all did. After getting over the initial shock of falling, I was able to work my way back into a seated position in the tree stand. As I sat thinking about what had just happened, I began to realize the only reason I did not end up on the forest floor with possible broken bones is that my employer had instilled in me a habit that had become second nature. This was the first hunting season I had worn fall protection while in my tree stand. I also began to think about what might have happened had I not been tied off. No workers’ comp out here. What if my injuries prevented me from ever working again? Fast forward to today, I look back and think about how I was reluctant to use fall protection and my frustration with an employer that was always harping about safety. Thanks to my employer, I avoided a potentially devastating injury and take with me safety habits that will remain with me all the days of my life. If you are interested in learning ways to create a safe and team-oriented company atmosphere, BIAW will offer a class in 2020 called, Help Minimize Risk/Protect Your Bottom Line. For more information about the class and schedules, visit BIAW.com/education.

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BIAW hosts Certified Builders BIAW Certified Builders go beyond standards set by the state of Washington. Each Certified Builder is fully vetted during the application process, ensuring they meet or exceed BIAW’s comprehensive standards before receiving the designation.

BIAW Certified Builders gather in Olympia to help develop a new education class with a focus on business management. (l to r): Clint Adamson, Tim Dickey, Curtis Banta, Joseph Irons, Tracy Doriot, Aaron Marvin, Jay Roberts, Nathan Coons, and Jennifer Kelly.

by Bailee Wicks Writer and Editor

In October, BIAW celebrated Certified Builders Week, with Certified Builders from across the state gathering in Olympia to help shape a new BIAW class called, Building your Business—Management for General Construction. The class, targeted to builders who have been in business for three to seven years, will focus on not only growing your business, but client expectations, and project management. BIAW will refine and incorporate the group’s feedback and advice into the 2020 class. In addition to the class builder segment of the event, a networking reception followed, providing the allies an opportunity to share business approaches, methods, and ideas. If you would like more information on how to become a certified builder, there’s no better time. Take advantage of our $299 special going on now through Dec. 31—50% off our regular price. This is only available to BIAW members. To learn more, contact BIAW Education/Certification Manager Hillary Vanatta at (360) 352-7800 or hillaryv@biaw.com.

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Meet our newest Certified Builder Rich Hjelm

Phase II General Contractor, Inc. Lakewood

Meet Rick Hjelm, our latest member to be designated a BIAW Certified Builder. Hjelm, owner of Phase II General Contractor, Inc., began his business in 1978 and has served the greater Puget Sound region for over 40 years. Rick’s innovative designs, remodeling acumen, and impeccable craftsmanship has earned his company numerous remodeling excellence awards from both his local association, the Master Builders Association of Pierce County, and BIAW. Hjelm also believes in giving back to his community and is ardent supporter of the Mary Bridge Children’s Festival of Trees which benefits care for kids at Mary Bridge Children’s Hospital in Tacoma. Rick and his team’s commitment to efficiency and accuracy, combined with a reputation for extraordinary attention to detail, shows why he embodies his company’s motto, our clients are our best resume. Congratulations, Rick, on your pledge to reach higher.

Become a Certified Builder today! Now is the best time to apply to become a BIAW Certified Builder. Now through Dec. 31, BIAW members pay just $299 for approved applications. Take advantage of this special offer and apply today.

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[1]  2019 Associate of the Year Chris Lockhart, Master Builders Association of Pierce County. [2]  2019 Builder of the Year Rick Hjelm, Master Builders Association of Pierce County, with Immediate Past President Kevin Russell. [3]  2019 Remodeler of the Year Deacon Band, Spokane Home Builders Association.


BIAW honors top builder, associate and remodeler Over 175 guests and members gathered for BIAW’s annual installation and awards ceremony at the Historic Davenport Hotel last month in Spokane. The highlight of the meeting, the event honors the Builder/Associate/ Remodeler of the Year—members who have made significant contributions to BIAW and the home building industry as a whole. Fellow BIAW members select award recipients.

Rick Hjelm | Builder of the Year For more than two decades, Hjelm has held numerous leadership roles within the industry. Hjelm served as president twice for his local association, Master Builders Association of Pierce County (MBAPC), as well as serving on several committees and councils. At the state level, Hjelm has served as chair of BIAW’s Legislative Policy Committee, Local Association Presidents Council, Education Committee, and Remodelers. Hjelm also represented BIAW as a National Association of Home Builders director. A prolific recruiter, Hjelm has achieved Statesman Spike level with 531 Spike credits.

Chris Lockhart | Associate of the Year Chris Lockhart, also a MBAPC member, has served in leadership roles at the local and state level, including chair of the MBAPC Awards committee, BIAW secretary, second vice president, and chair of the BIAW Spike Party.

Deacon Band | Remodeler of the Year Deacon Band currently serves as a trustee on Spokane Home Builders Association’s (SHBA) charitable education trust, helping coordinate its carpentry apprenticeship program, as well as the Education committee and many years as an SHBA director. Band was named SHBA’s Remodeler of the Year in 2017 and Volunteer of the Year in 2011. His involvement with the industry extends to BIAW, being recently designated as a BIAW Certified Builder, serving on the BIAW executive committee, and a state director. Band also is a has achieved Super Spike level with 376 Spike credits.

Additionally, Lockhart has been a champion recruiter focusing his time and attention bringing in new members; achieving Red Spike level with 110 Spike credits.

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FALL BOARD HAPPENINGS [1] Associate Advisory Council (AAC) Chair and Second Vice President Chris Lockhart (l), along with the help of Secretary LouAnne Neill (r), present AAC Associate Appreciation awards to local association representatives during the fall board of directors meeting. [2] BIAW’s 2020 senior officers and guests prepare to take the stage for the annual installation and awards event. (l to r) Joe

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Schwab, President Sherry Schwab, Immediate Past President Rick Hjelm, Lynda Hjelm, First Vice President Tracy Doriot, Terry Doriot, BIAW EVP Greg Lane, Washington Secretary of State Kim Wyman, NAHB First Chairman Dean Mon, Second Vice President LouAnne Neill, Treasurer Joseph Irons, Melissa Irons, Secretary Nick Gilliland, and Jessica Gilliland. [3] President-elect Sherry Schwab bestows President Rick


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Hjelm the gavel award for his service as BIAW president. [4] Congresswoman Cathy McMorris-Rodgers (R-WA 5th District) addresses BIAW members and guests during the general membership luncheon. [5] President Rick Hjelm presents Second Vice President Chris Lockhart an award for his support and dedication to BIAW in 2019. [6] Washington Secretary of State Kim Wyman speaks to attendees of the installation and awards ceremony. [7] Builder of the Year nominees (l to r): Clint Adamson, Nick Barnes, Paul Bogel accepting for Bob Disney, Tracy Doriot, Rick Hjelm, Jessie Gamble accepting for Scott Walker, Michael Shanaberger, and Gary Wray. Not pictured Bonnie Geers. [8] NAHB Home Builders Institute President and CEO Ed Brady discusses solutions to help alleviate the industry’s skilled

labor shortage to members and guests during the general membership luncheon. [9] NAHB National Area Chair Eugene Graf gives an update on NAHB happenings in Region E, Area 15 (Alaska, Idaho, Oregon, Montana, Washington) during the board of directors meeting. [10] Associate of the Year nominees (l to r): Nick Gilliland; Paul Bogel; Chris Lockhart; Chris Nass; Berni Kenworthy accepting for Michele Pritchard; Angela White accepting for Becky Rieger and Rusty Ruiz; and, Aaron Marvin accepting for the Wilson family. [11] Remodeler of the Year nominees (l to r): Deacon Band; Jeremiah LaFranca accepting for Michael Fast; Angela White accepting for Chris McDonald; Chelsea Snodgrass accepting for Tim Lovelass; and Michael Shanaberger accepting for David Millar. Not pictured Ron Palmer.

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BIAW’s Hall of Fame recognizes lifetime achievement in support of the home building industry.

Hall of Fame inductee Larry Chimenti by Bailee Wicks Writer and Editor

On Thursday, Nov. 7, BIAW members posthumously inducted Larry Chimenti into BIAW’s Hall of Fame. BIAW President-elect Sherry Schwab carried out the honors during the annual installation and awards ceremony held in conjunction with BIAW’s fall board meeting at The Historic Davenport in Spokane. Larry’s wife Pat, daughter Jennifer, and grandson Sam accepted the award on his behalf. Chimenti, who passed away in May, was an ardent and dedicated supporter of the home building industry. As a district sales manager for Sears, Larry Chimenti became active in his local association, the Master Builders Association of King and Snohomish Counties (MBAKS) as an associate member. He was awarded BIAW Associate of the Year in 1990 and served as BIAW second vice president in 1993. In 1995, he was hired as MBAKS’ director of membership, and as such, began his journey as the authority on membership, recruitment, and retention programs. Larry’s themed membership drives, rewards, and appreciation for every new member have become well-known. He inspired and created a team culture, long before the phrase was famous, and he never missed an opportunity to thank members for their participation personally. Larry employed his superb sales techniques to develop the MBAKS membership and retention program—one that enlisted active MBAKS members to help recruit—and would make MBAKS the largest 16

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Proud wife Pat, daughter Jennifer, and grandson Sam show off the Hall of Fame award bestowed posthumously to Larry Chimenti during BIAW’s annual installation and awards ceremony in November.

local association within the National Association of Home Builders (NAHB) federation. A title that still holds to this day. MBAKS and NAHB still utilize these systems he helped develop. Larry was a mentor to those going through difficult situations, often sharing his experiences with cancer treatment. In an essay he wrote, still widely shared with cancer patients today, he advises how to battle the disease with a positive attitude. Larry’s passion, in his ability to personalize membership recruitment, as well as his compelling fight with cancer unquestionably, personifies a BIAW Hall of Fame inductee.


Welcome new staff Claim Representative Amanda Oppenheim

Amanda previously worked as a claim manager with the Department of Labor & Industries (L&I) for four years before coming to BIAW. She has a degree in Film Studies from the University of Colorado. In her spare time, Amanda enjoys reading, taking long walks, going to the movies, playing games, and anything that makes her laugh.

Claim Representative Joanne Nichols

Joanne comes to BIAW after working at L&I for over 14 years, six of those as a claim manager and four as a claim manager trainer. While earning her Bachelor of Science degree from The Evergreen State College, she met her husband. They have a son, a dog, and a cat. When she’s not spending time with her family, Joanne likes kayaking, yoga, and reading a good book.

Claim Representative Calen Thompson

Calen is our newest employee to join BIAW after having been a claim manager at L&I. Calen has a Bachelor of Arts in Cultural Studies from The Evergreen State College. In his free time, Calen enjoys outdoor activities such as kayaking, hiking, and camping in the scenic Pacific Northwest.

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Health Insurance Program

Get instant access to a doctor by Bailee Wicks Writer and Editor

Did you know that all plans in the BIAW Health Insurance program offer a tool to let you see a boardcertified physician via video chat from your mobile device or computer? No more waiting rooms or scheduling hassles, Doctor on Demand lets you see a doctor right away. Within minutes, you’ll get connected via video with a boardcertified physician. They can diagnose, treat, and even prescribe if necessary. Think of it as having a personal doctor on call. The Doctor on Demand app works with any smartphone, tablet, or computer with a frontfacing camera. You can download the app from the Apple Store, Google Play, or access care via DoctorOnDemand.com. Through live video, handpicked doctors review symptoms and medications, 18

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perform an exam, and recommend a treatment plan. Providers are available within minutes or by appointment. You can also schedule a visit with one of your favorite providers at a time that works best for you. Doctor on Demand video visits typically cost far less than a trip to the emergency room or urgent care. The cost of your visit is up front, so you won’t have any surprises after your visit, and without setup or monthly fees. If you’re not already taking advantage of this great benefit, find out how you can. Contact BIAW’s Health Insurance program’s consultants at (425) 641-8093 or visit them online at BIAWHealthTrust.com to receive more information or a free, no-obligation quote.


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BIAW working for you BIAW and staff have been hard at work for you during 2019: from lobbying efforts to keep bad bills from becoming laws to securing an impressive R.O.I.I.® Select retro refund, as well as offering top-notch education opportunities. Thank you for your membership and your support. We look forward to an even more successful 2020.

January BIAW joins the Unlock the Door, a campaign to raise consumer awareness on the state’s attainable housing crisis. BIAW begins its strategic planning process—a 5-7 year road map for BIAW’s future. February FEBRUARY Members and staff attend IBS, representing BIAW at committee and council meetings.

private property. The Court ruled in favor of the City. The Pacific Legal Foundation is considering options for appeal. April APRIL BIAW defeats a Senate and House version of the “direct contractor liability” bill, a proposal that would have held general contractor’s liable for subcontractor’s employees.

BIAW’s Legal team files amicus brief in Church of the Divine Earth BIAW’s advocacy team works to kill v. City of Tacoma —a case involving whether government agencies are the BIAW-opposed “independent liable for damages caused by those contractor” bills actions. The case stemmed from at the Capitol. a lower court’s ruling that the City was not responsible for the costs March incurred fighting an illegal planning MARCH decision because it did not know BIAW members “red tag” the it was violating constitutional Capitol to bring awareness to harmful builder bills law. The Court agreed with Church. Governments should be being introduced in responsible for knowing the law.” both Houses. The BIAW’s Legal team governor files an amicus signs the brief in Yim v. City BIAWof Seattle, a case backed involving Seattle’s “condo liability reform” bill. ill-conceived firstin-time (FIT) ordinance. The rule requires landlords to rent to the first financiallyqualified tenant— essentially denying landlords their constitutionallyguaranteed choice to decide who to allow on their 20

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May MAY R.O.I.I.® Select earns a 43% first adjustment refund for the 2017-’18 plan year and a 41% second adjustment refund for the 2016-17 plan year.

A total of $39 million in refunds are distributed to participating companies. The governor signs the BIAWbacked “urban density capacity” bill. BIAW’s Legal team files an amicus brief in Vargas v. Inland, a case involving whether a general contractor is liable for the safety violations of a subcontractor even though L&I inspectors failed to find the general contractor violated a single safety rule. The Court ruled that general contractors were vicariously liable and greatly expanded their responsibility for safety violations of subcontractors. This will likely result in increased insurance costs for general contractors. June JUNE BIAW hosts the annual Excellence in Remodeling awards and Spike Party in conjunction with the summer board meeting in Yakima. BIAW members meet with members of WA’s congressional delegation during NAHB’s spring leadership meeting in Washington, DC. BIAW directors vote to purchase


a new office headquarters, the Parkside Building. BIAW directors approve BIAW’s strategic plan. BIAW distributes $20,000 in scholarships to students pursuing a career in the home building industry. July JULY BIAW earns NAHB’s award for Highest Retention Rate for state associations. BIAW, and other like-minded partners, hold a Housing Form which focuses on solutions to the state’s lack of attainable housing. BIAW releases an economic study showing new home construction creates hundreds of thousands of family-wage jobs, billions of dollars in family wages, and generates billions of dollars in income and revenue for state and local governments. BIAW’s Legal team files a lawsuit with L&I—and quickly reaches an agreement— preventing the agency from using Workers’ Comp Funds to implement the governor’s Clean Energy bill. BIAW’s Legal team files a lawsuit that alleges the governor and Legislature violated the state constitution in the passage and

veto of a bill that increased fines for builders. A hearing is scheduled for Jan. 3, 2020. August AUGUST BIAW signs papers, officially purchasing the Parkside Building.

to get the Washington Department of Revenue (DOR) to reverse guidance it had issued in October that required sales tax to be charged for concrete pumping. November NOVEMBER

September SEPTEMBER BIAW strikes a victory in the Church of the Divine Earth v. City of Tacoma. The Court agreed, stating, ‘the statue requires an objective standard, asking whether the City’s final decision should reasonably have been known to have been unlawful.’ Governments should be responsible for knowing the law.” (See April for details on lawsuit.) October OCTOBER BIAW members and staff gather in New Orleans for NAHB’s fall leadership meeting. BIAW hosts its first annual Certified Builder Week, a gathering of BIAWdesignated builder members to brainstorm new businessmanagementminded education class for builders with 3-7 years experience. BIAW unveils a completely updated and revamped Building Insight, BIAW’s monthly magazine. BIAW’s Legal team and Government Affairs work together

WAHC-endorsed candidate Rep. Alex Ybarra (R-Quincy) wins his bid for the 13th Legislative District in the general election. BIAW directors gather for BIAW’s fall board meeting and cast votes for BIAW’s 2020 senior officers and NAHB delegates. BIAW inducts Larry Chimenti into the Hall of Fame. BIAW bestows its highest honor for Builder of the Year, Rick Hjelm, Remodeler of the Year Deacon Band, and Associate of the Year, Chris Lockhart. December DECEMBER In efforts to keep nearly 8,000 members informed on home building industry issues during the year, BIAW distributes: 10 Building Insight issues; emails hundreds of news updates, Lawmaker Reviews, Hammer & Nails; posts and shares via BIAW’s social media accounts, Facebook, Twitter, Instagram, LinkedIn, YouTube, and Pinterest; and produces print and digital materials for BIAW programs. november/december 2019

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Inspiring Women to Join the Trades

PWB event draws a crowd by Bailee Wicks Writer and Editor

The Professional Women in Building (PWB) Council advocates for, supports, and inspires women in the building industry by providing opportunities for both professional and personal development. The Master Builders Association of King and Snohomish Counties hosted its PWB Conference Oct. 10. Over 120 attendees gathered at the soldout event held at McMenamins Anderson School in Bothell. The annual fall event was organized to recognize, honor, and support women in the construction trades with educational, networking, and mentorship opportunities. Panelist and guest speakers focused on different approaches to inspire women to join the trades, how to fight stereotypes in the construction industry, and how to develop and increase a skilled trades workforce. The event also featured a silent auction, raising over $2,000 for trades scholarships. The highlight of the event was keynote speaker, HGTV and DIY Network host Amy Matthews. Matthews got her first taste of home improvement in middle school, traveling with her youth group to repair homes for families in need. After becoming a licensed contractor and hosting multiple TV shows,

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building insight

“Just because you’re a woman doesn’t mean you have to compete with men to gain respect. Just show up and do your best work, and respect will follow,” said Matthews. PWB 2020 Chair and BIAW President-elect Sherry Schwab addressed attendees during the closing remarks segment of the event. “The PWB Council provides women in the building industry a powerful opportunity to network, grow and become successful, and make altruistic and legislative contributions to the industry and community, said Schwab.” For more than 10 years, the PWB Council has recognized, honored, and supported women in the construction trades, opening new pathways toward continued innovation. If you would like more information about joining the PWB Council, visit MBAKS.com.

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Photos courtesy of AlabastroPhoto.com

[1] PWB conference panelist take questions from members of the audience. [2] MBAKS members in attendance at the conference (l to r): Luellen Smith, Kimberley Martin, Sherry Schwab, Juli Bacon, Leann McNabb, Susan Romei, Robin Nolan, and Darylene Dennon. [3] Keynote speaker Amy Matthews (l) with 2020 PWB Council President and BIAW President-elect Sherry Schwab.

she learned many lessons along the way.


In Memoriam It is with deep sadness we share with you the loss of the following members. Our members’ dedication and unwavering support to the home building industry is what gives us our strength and unity. You will be missed.

Dick Allen

Bob Blayden

Cleo Callen

Larry Chimenti

February 14, 1934 — July 12, 2019

August 29, 1950 — March 8, 2019

November 19, 1950 — March 22, 2019

December 17, 1936 — May 2019

Skagit/Island Counties Builders Association

MBA of King and Snohomish Counties

BIA of Whatcom County

MBA of King and Snohomish Counties

Earl Graham

October 22, 1933 — November 15, 2019

Buzz Grant

1945 — April 23, 2019

Larry Herrell 2019

Terry Smithton

January 9, 1939 — December 16, 2018

MBA of Pierce County

MBA of Pierce County

Spokane HBA

Lower Columbia Contractors Association

Paul Nolan

March 22, 1937 — December 11, 2018

Don Rappe

April 3, 1934 — April 9, 2019

Dennis Reynolds July 11, 1947 — July 26, 2019

James Summers

August 22, 1945 — December 13, 2018

MBA of King and Snohomish Counties

Spokane HBA

Kitsap Building Association

MBA of King and Snohomish Counties

Rob Stewart

July 5, 1945 — September 12, 2019 MBA of King and Snohomish Counties

november/december 2019

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