Building Home Magazine Feb-March 2024

Page 1

Washington County Behind the Scenes: Exploring the Latest Updates in Permitting and Inspection Timelines

Page 4

Department

THE OFFICIAL MAGAZINE OF THE HOME BUILDING ASSOCIATION OF GREATER PORTLAND Guest Article from Jordan Ramis (p. 8) BuildRight Conference + Expo Keynote Speaker Preview (p. 10) 2024 Election Year Preview: What Lies Ahead (p. 14) ...and more!
FEBRUARY 2023 • MARCH 2024
THE OFFICIAL MAGAZINE OF THE HOME BUILDING ASSOCIATION OF GREATER PORTLAND
of Land Use & Transportation

from the top

What HBA accomplished last year makes us try even harder

That is something I’ve always believed in. Whatever the awards or accolades. Whatever the challenges and setbacks. Whatever we accomplished and wherever we fell short. Compliments should be appreciated but never indulged. Criticism should cause reflection but never loss of conviction.

I don’t feel those things every moment all the time. Many of you know what that’s like, too. It’s hard when you’re feeling underwater. You don’t always get up every morning, or push through at work, or fight through a family issue, because you feel like it. Sometimes it’s only because it’s the thing you know deep down you should do.

The last few years have felt like that. The pandemic’s impact on HBA’s operations, staff, and resources and the continued slow rebound for several of our business revenues, have been at times overwhelming. I’m thankful for an amazing staff team who have felt those impacts too but continue to work hard for each other, for our members and for our industry. And I’m thankful for great leaders - especially our Board Officers - but also all who serve on Boards, Committees and Councils and give their time and resources.

2023 was still a tough year, but it also saw us begin our climb back. We continued to add back member events and saw a 20% growth in overall attendance. Our advocacy work won two national NAHB awards and tackled over 80 issues in 19 jurisdictions (not counting the additional work at the State and National levels through our OHBA and NAHB partners). Our Foundation completed several more shelter projects while reaching over 1,400 students and trainees through its growing workforce development work. And our business benefit programs helped over 250 member companies save hundreds to thousands of dollars a year. Those are just a few highlights.

But we’re already focused on 2024 and working to do even more for our members, future members, and this great industry. Our Board and Officers have reviewed member feedback, looked hard through the lens of member value, and through several planning meetings have helped us focus on seven key goals. Those goals include:

• Develop and implement a plan to jumpstart funding needed to add staff back to our Government Affairs department, with longer term plan to grow resources further to strengthen our advocacy and political work on behalf of our members and housing.

• Launch new membership plan and implement actions to build and sustain membership growth with Board engagement.

• Build engagement of Councils and special member outreach segments (like our new “40Below” young professionals outreach) to create fun, relational, and informational opportunities to connect and build a strong culture.

• Continue growth and expansion of BuildRight to become the Northwest’s premiere industry education conference, while leveraging the brand to develop other education and work product that advances construction quality and efficiency.

• Invest and focus in work to grow two key longtime shows with strong public awareness – the NW Natural Street of Dreams and the Spring Home & Garden Show presented by Standard TV & Appliance – and expand opportunities to promote new and remodeled construction along with the industry that partners in providing it.

• Retool/revisit communications (e.g. web, social media, video, email, and print strategies) to simplify, customize and connect our members better using feedback from our Fall member value survey to guide content.

• Focus on better promotions and sales strategies to grow awareness and usage of member business benefits that also provide revenue streams back to HBA.

I want to thank Robert Wood of Mountainwood Homes, 2023 HBA Board President, for his strong support and leadership the last four years as an Officer, and especially the last year and a half as he had to step into the President role several months early. Robert is a great leader and a sharp businessman. But his greatest gift to me was just checking in and providing support and showing he cared. I know those qualities are why he has built such a great business and a strong team of his own.

And as we always do (and I hope all of our members take the time to thank and appreciate) we have a strong group of Officers following Robert. This includes our 2024 Board President Jeremy Osterholm (Ostercraft Homes), as well as Kelly Stelk (Home Certified), Alaina Robertson (Taylor Morrison Homes), and Brittainy Tiffany (Tiffany Home Design). The running joke for years is that I promised it would only be one additional hour of time a month to be an Officer. I never have, but I know it’s their way of making light of the commitment they give to move this organization forward.

We’re looking forward to an even better year in 2024. Please support us by continuing your membership, helping us grow by spreading the word of HBA’s value, and, where you can, investing your time and resources back into the organization. And thanks to so many of you who already do that. It’s one of the many things that makes us on the HBA staff work hard for you each year.

2 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
See page 10 for mo r e informat ion! See page 10 for mo r e informat ion! informat ion! ion!
BEST SERVICE. BEST SELECTION. BEST PEOPLE. DEDICATED BUILDER TEAM WITH OVER 50 BRANDS TO CHOOSE FROM. Special builder pricing from entry level to luxury premium products. Dedicated in-house sales, parts & service, installation, and delivery. No project too small or too large. We can service a single-family home up to large multi-family projects. LIVE DACOR KITCHEN AT OUR 82 ND SHOWROOM HOLLYWOOD 503.542.5120 ONLINE STANDARDTVANDAPPLIANCE.COM BEAVERTON 503.619.0500 PORTLAND 503.777.3377 541.388.0088 FEATURING NEW LOCATION COMING TO WILSONVILLE

Washington County Behind the Scenes: Exploring the Latest Updates in Permitting and Inspection Timelines

A Q&A with the Washington County Building Official, Derrick Moon

Department of Land Use & Transportation

As part of HBA’s ongoing engagement efforts with Washington County, HBA staff and builder members meet quarterly with the Land Use and Transportation (LUT) leadership team to discuss updates, concerns, and questions regarding the state of the home building industry in Washington County. Our members come to these meetings equipped with their real-life experiences building in the county and receive updates from the LUT leadership team on process improvements and project timelines. Over the past two years, Washington County’s permitting and inspection services have faced significant staffing and budgetary challenges that have resulted in delays in permitting intake, file check/ approvals, and field inspections. Due to significant staff retirements and industry-wide recruitment challenges, Washington County’s Building Services staff struggled to provide our industry with timely services. Because of this, and due to the county being an important place for new home construction, HBA made Washington County a priority jurisdiction both politically and through our policy work. Washington County Land Use & Transportation leadership and Building Services staff have collaboratively addressed the delays with us and are now meeting or exceeding county-set target service level timelines.

We sat down with Derrick Moon, the newly appointed Washington County Building Official, to get an inside look at what Washington County has done to address timeline issues that builders had experienced.

ABOUT DERRICK MOON, THE NEWLY APPOINTED WASHINGTON COUNTY BUILDING OFFICIAL

Derrick Moon, a long-time Washington County Department of Land Use & Transportation (LUT) employee, has been named as the county’s building official, effective December 9, 2023. Derrick replaces Scott Linfesty, who retired as building official in August. Derrick has been serving as the interim building official since then but joined LUT in 2007 as a building inspector. His experience includes working on plan reviews, building inspections, code enforcement, planning, and a brief assignment with Health and Human Services. For the last five years, Moon has been the Building Services supervisor for the Plan Review Team.

4 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
Nathan Don, Senior Plans Examiner Derrick Moon, Washington County Building Inspector

Q&A with Derrick Moon, Washington County Building Official

Q: Washington County LUT has gone through some major challenges in recent years. How has staff managed to deal with those challenges and get to an improved level of service?

A: We’re continually assessing our staffing needs and processes to identify improvement opportunities. The reality is that we can’t keep doing things the same way we used to – we just don’t have enough staff for that. We have a responsibility to implement building codes and to ensure safety, and we can do that while still prioritizing customer service.

Q: Speaking of challenges, what were the high-level causes of the permitting delays? What about inspection delays? Please explain what, if any, differences there were between them.

A: It really comes down to staffing. In the short term, our supervisors can reassign or prioritize work. However, in the long term, we can only do so much with limited staff. For example, when we were short-staffed on the permit tech team, there were delays for all steps of permitting. When we were down five inspectors, we just couldn’t schedule inspections within one or two days as usual.

We authorized overtime for staff to try to keep up in both cases, but we also worried about burning out the teams or worse, having them incur injuries because they were tired. The best thing we could do is move as quickly as possible to fill vacancies. That’s challenging for all Oregon building services departments right now. There just aren’t enough qualified and certified inspectors for these positions.

Q: How did the pandemic affect permitting timelines?

A: Staff were quickly able to transition to online permitting and remote work, although many building services staff were still working in the office and able to serve customers in person when necessary.

However, we ended up in a strange situation during the pandemic. Permit numbers initially fell really low which led to the decision to offer voluntary separations and delay recruitments to refill vacancies. Then, several key staff also retired during that period which added to the notable staffing shortages that were experienced across all industries. Then immediately after that, permit request numbers went back up very quickly which resulted in significant delays in our services and timelines.

Q: The LUT team established target service levels to meet and as of May 2023, the team’s actual service levels were meeting or close to meeting. How successful has the team been in maintaining these target service levels?

A: We’ve been quite successful overall in meeting our service level targets over the past six months. The benefit of tracking service levels weekly is that everyone can see if something is slipping. This allows our supervisors to proactively reallocate work.

However, our target service levels are determined using our expected number of staff. When we are short-staffed, we can no longer meet the targets. Last fall, we were short two permit technicians and we couldn’t catch up until we filled those positions. In the first quarter of 2023, we were short five inspectors, and couldn’t maintain our usual one- to two-day timeline for inspections. Currently, our team is almost fully staffed and we’re consistently meeting our target timelines.

Q: If the target service levels are not being met, what steps are in place to do so?

A: When we see timelines beginning to exceed target service levels, we can often reallocate staff to get back on track. For example, other team members can jump in to answer permit inquiry phone calls or perform the pre-screen task for new permits to allow the permit techs to focus on keeping permits moving forward.

Q: How has the increase in permitting fees steadied the department and service levels?

A: We realize the 50% fee adjustment that took effect July 1, 2023, was significant for our community and customers, however, it was necessary. It has helped balance our revenues with our costs. The imbalance resulted because we weren’t regularly adjusting our fees to keep up with increasing costs. With the new fees in place, we are no longer relying on our emergency reserve funds to cover our ongoing costs. The financial certainty provided by the fee increase allowed us to refill our most critical staff vacancies and get our service levels back on track.

Q: With the addition of five additional inspectors since April 2023, how has this aided in the improvement of permitting timelines and are you still looking for more staff? What other things does LUT need to improve service? Technology, more staff, legislative changes, code changes, funding requests, etc.

A: The five recent inspector hires were not new positions—they filled vacancies created by staff who had retired or taken other positions. Filling those vacant positions allowed us to return to our normal one- to two-day timelines for scheduling inspections.

We are anticipating additional routine turnover on our inspection team in the next couple of years. We will be looking to add two more inspectors in the next fiscal year (FY 2024-25) to help us proactively manage these normal staffing transitions.

In the long run, the additional funding for staff positions will certainly help us maintain target service levels. The hiring market for building professionals across Oregon remains challenging, so even with additional funding certainty, we may struggle to fill critical vacancies. State support for staff recruitment and training will be helpful for Washington County and other agencies across Oregon. Legislative changes that simplify codes or provide additional resources to local governments would also be helpful.

Q: To help mitigate the permitting issues, Washington County has begun to utilize technology to make the inspection process easier and quicker. Please explain what steps have been taken and how you anticipate technological improvements supporting permitting in the county. Any concerns with newly onboarded tech/changes to current platforms?

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 5
Story continued on page 6
Susan Ruston, Senior Building Technician, and Derrick Moon, Building Official

A: The building inspectors are utilizing photo and video inspections, and we’re encouraging the use of these tools when possible. However, most inspections still need to be in person to ensure code requirements are met.

We’re working on implementing software upgrades to make it easier for customers to submit and process permits through our system. We’re also updating our review procedures across all teams and looking for any additional efficiencies.

One of the updates you can expect is the implementation of Online Application Submission (OAS), a product by the same company that produces ProjectDox (our electronic plan review software system). This will allow applicants to submit permits directly, eliminating the need for permit techs to do all permit setup tasks. This should result in time savings and better real-time status information for customers. The team has also moved to electronic archiving. This eliminates laborintensive paper file management and frees up staff time for other permitting tasks.

Q: How has the county’s Significant Natural Resources update been going? Have there been any concrete steps taken that our members should know about? What is the timeline that our members should be aware of for that program? Do you anticipate DLCD/LCDC to approve?

A: This question is better answered by our planning team. At this point, mapping of the resource areas is complete and property owner outreach has been underway since October. The team is developing draft resources in the near future and will be sharing them with stakeholders, elected officials, and property owners. We expect the Board of Commissioners will approve an ordinance implementing the new regulations by October of this year. We can’t predict if there will be legal challenges to the new regulations or what the state may do, but we are confident that our process has been robust and that we’re following the rules.

Q: Anything else we didn’t ask that you’d like to mention?

A: As the newly appointed Washington County Building Official, I’m honored to head up a team that is committed to serving the building industry and our community. We truly appreciate the input and support we’ve received from the HBA, and for our customers’ patience as we worked through multiple challenges over the past couple of years.

Looking ahead, we have established a Process Improvement Group

dedicated to scrutinizing and enhancing our procedures and workflows to maximize staff productivity. This group has identified several different areas for improvement and meets every other week for status updates and assignments. We are also exploring technology upgrades to improve our products and enhance customer service in collaboration with our partners. Our primary focus will continue to be delivering high-quality plan reviews, inspections, and exceptional customer service experience for our valued customers and partners.

The Future of Building in Washington County

The optimistic developments implemented by the Land Use and Transportation Team in Washington County bode well for the county’s future in construction. These enhancements in procedures are particularly crucial amidst a soaring demand for housing, emphasizing the necessity for efficient bureaucratic processes. To achieve Governor Kotek’s ambitious target of 36,000 housing units per year, builders must be empowered to apply their expertise and address the pressing housing needs of the region.

6 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 7 HBA HOME BUILDING NEWS | May 2022 | HBApdx.org 5 At Eastbank The New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust 800 SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com Open to the Public 8:30 to 5 Mon - Fri Saturdays by Appointment ---We promise Detailed Planning, Follow Up and Professional Delivery--The New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust 800 SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com Open to the Public 8:30 to 5 Mon - Fri Saturdays by Appointment ---We promise Detailed Planning, Follow Up and Professional Delivery--The New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust
SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com Open to the Public 8:30 to 5 Mon - Fri Saturdays by Appointment ---We promise Detailed Planning, Follow Up and Professional Delivery--We At Eastbank
New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust
SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com Open to the Public 8:30 to 5 Mon - Fri Saturdays by Appointment ---We promise Detailed Planning, Follow Up and Professional Delivery--The New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust 800 SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com ---We promise Detailed Planning, Follow Up and Professional Delivery--The New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust 800 SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com ---We promise Detailed Planning, Follow Up and Professional Delivery--The New Generation Sub Zero Columns are Stunning! We Expect No Less from the Creators of Luxury Refrigeration At Eastbank Appliances You'll Find the Very Best Detailed Product Knowledge from Oregon's Largest Sub Zero & Wolf Builder Supplier Experience Quality Trust 800 SE Hawthorne Blvd just 3 minutes from Downtown Portland 503.954.1192 www.eastbankappliance.com ---We promise Detailed Planning, Follow Up and Professional Delivery--At
800
The
800

Sheetz case poised to invalidate onerous development regulations and fees

On January 9, 2023, the U.S. Supreme Court heard oral argument in a case that may force local governments to dramatically revise the myriad impact fees that they charge homebuilders. It could also pave the way for further challenges to exactions such as inclusionary housing requirements, construction excise taxes, and punitive tree removal regulations and fees.

In Sheetz v. County of El Dorado, California, George Sheetz applied for a building permit for an 1,854 square-foot house. The County of El Dorado charged him over $23,000 in traffic impact fees. As is the case in dozens of states, including California, Oregon, and Washington, the county did not engage in any individualized analysis of the project when assessing the fee, and instead merely relied on its traffic impact mitigation fee master plan that was previously adopted by the El Dorado County Board of Supervisors.

Sheetz paid the traffic fee under protest, and then sued arguing that the fee is an unconstitutional condition that violates the Nollan/Dollan standard, whereby the government can only conditionally approve a land use permit if the government can prove that there is both an “essential nexus” between the underlying project and the exaction, and that the taking is “roughly proportional” to the impact it purports to mitigate.

A California trial court upheld the exaction, holding that, because it was legislatively authorized, the exaction was immune from Nollan/Dolan review. The California Court of Appeal affirmed, and the California Supreme Court denied review. The US Supreme Court granted review to consider whether such a “legislatively approved” exemption from Nollan and Dolan exists.

Oregon courts have followed the same logic as California. In Rogers Machinery v. City of Tigard, a project applicant challenged the Washington County traffic impact fee (TIF). The Oregon Court of Appeals decided that the TIF was constitutional because it included sufficient justification and analysis,

specifically traffic estimates and a rate schedule for over 100 different land uses. It found that similarly detailed and uniformly applied legislative assessments are sufficiently rigorous, and therefore not subject to caseby-case taking claims.

During the Sheetz oral argument, several Supreme Court justices frowned on California’s refusal to allow challenges to the constitutionality of impact fees. After all, they noted, it is clear that elected leaders have an incentive to shift the burden of infrastructure costs from their constituents to a select few unknown future residents. In fact, failing to do so could jeopardize their prospects for reelection. Other justices expressed concern about opening up all impact fees to constitutional challenges and questioned whether impact fees are more akin to taxes, which are not subject to Nollan/Dolan review. A decision is expected by late June.

If the Supreme Court finds that legislatively enacted impact fees are subject to Nollan/Dolan review, we anticipate two impacts on Oregon land use projects, one small and one potentially explosive.

First, most local governments already engage in thorough proportionality analysis when they develop impact fees and attach conditions of approval to projects. They generally commission engineering and financial studies that examine likely impacts in a fairly particularized manner (housing v. commercial, single family v. multifamily, etc.) and assign fees based on those impacts. Thus, even if Sheetz wins at the U.S. Supreme Court, that victory is unlikely to affect the Washington County TIF, because it is supported by reams of traffic and financial data. Washington County may be compelled to readopt the TIF with new findings to demonstrate the TIF is roughly proportional to the traffic impacts of the listed land uses. The County did a very thorough job in adopting the TIF. While the need to write up findings may become a new procedural hurdle, it can be surmounted. The same is true of most local government system development charges for streets, water, and sewer because those charges are typically backed up with detailed engineering and financial data. While those charges and fees may have a new procedural hurdle to overcome, substantively they rest on firm constitutional ground.

However, other local government system

development charges are not as firmly rooted. For example a local government can decide it wants deluxe parks, and charge pricey fees accordingly. Those “stretch” type of fees will be at greater risk if challenged. Take for example the recently adopted Tualatin Parks Master Plan, which called for a 65,000 square foot community recreation center that would provide a wide array of recreation, health, wellness, and social engagement opportunities for the entire City and cost upwards of $85 million (in 2018 dollars!).

It is exactly this sort of gold-plated master plan and the pricey impact fees that it “justifies” that would likely fail Nollan/Dolan scrutiny. After all, a city would be hard-pressed to explain why the small number of new residents creates the need for a large new recreation center to serve the entire city.

Second, and even less likely to survive in a post-Sheetz world, are those exactions which lack a direct relationship to the underlying project. Take, for example, the City of Portland’s inclusionary housing regulations that force multifamily builders to construct and set aside affordable housing units for sale or rental prices far below the cost of construction, simply because their project includes twenty or more units. After all, it is highly unlikely that the city could demonstrate a reasonable link between the impacts associated from new housing and the requirement to build affordable housing.

The U.S. Supreme Court rarely takes up land use cases. However, when it does, their decisions are oftentimes transformative, as was the case with Nollan and Dolan. We expect that Sheetz could similarly upend the status quo and further limit local governments’ ability to demand that developers and new residents pay for civic improvements that benefit the entire community.

Ezra Hammer is a land use attorney and Joseph Schaefer is a land use planner with the Portland law firm Jordan Ramis PC, a full service land use law firm that specializes in complex residential and commercial projects. You can reach Ezra at ezra.hammer@ jordanramis.com, Joseph at joseph.schaefer@ jordanramis.com.

8 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
Joseph Schaefer Ezra Hammer

performance building

Connect with us at HBApdx.org

Could the new generation of triple-pane windows be a cost-effective choice to meet or exceed energy code?

When triple-pane windows were introduced in the 1990’s they were expensive, hard to get, heavier, and thicker than traditional double-pane windows. The additional cost of the window was higher and because of the weight, they cost more to install, along with modifications to the window opening due to the extra depth.

Fast forward to today’s new generation of thin-glass triple pane windows that are being used more and more by builders to achieve code and beyond high-performance wall systems.

• Engineering advancements in the thin-glass triple-pane windows have eliminated two of the negative impacts of traditional triple-pane windows, weight and thickness. The new thinglass triple pane does not increase the cost of installation because the weight is comparable to double-pane windows and does not require a modification to the window opening and trim installation because it fits in a double-pane frame.

• Product costs are down due to more large national builders, green builders, and non-profit low-income builders using the product impacting manufacturing costs positively. As triple-pane windows become the new standard for these builders most major US manufacturers offer them in their lineup and lead times are on par with double-pane windows.

• Home comfort and marketability are also impacted positively because triple pane windows are quieter, warmer in the winter, cooler in the summer, and are excellent choices for bathrooms and kitchens because they are less likely to produce condensation on the inside.

THIN-GLASS, TRIPLE-PANE TECHNOLOGY EXPLAINED:

The thin-glass triple-pane insulated glass unit (IGU) allows for R-5 (U-0.20) or better double-hung and R-6.5 (U-0.15) or better picture windows in place of today’s R-3.7 Energy Star products. The design uses a

combination of thin glass (0.7-1.6 mm) for the center layer, two low-e coatings, and krypton gas fill. The thin glass keeps IGU weight and width to a minimum, enabling the use of frame profiles optimized for double pane. The thinglass triple-pane concept is based on the novel use of components that have been available for years. This technology is a high-performance solution for the mass market and is ready for industry adoption.

USING TRIPLE-PANE WINDOWS TO MEET IECC ENVELOPE REQUIREMENTS:

A standard low-emissivity (low-e) doublepane window will meet 2021 International Energy Conservation Code (IECC) prescriptive envelope requirements. However, higherperformance triple-pane windows provide builders with an affordable envelope component trade-off opportunity that reduces the risk of non-compliance, while ensuring occupant comfort and increasing the value of the home.

BetterBuiltNW has some additional information along with a comparative cost analysis for the Pacific NW on their website that is worth reviewing. Visit www.betterbuiltnw.com for more information.

NEW MEMBER SPOTLIGHT:

Andrew Dryden, Pivot Windowsandrew@pivotwindows.com @pivotwindows

Building has been in Andy’s DNA since birth working with his family to complete home builds, remodels, and off-grid projects. This love of building took him through an education in engineering at WSU (BSMfgE) and Stanford (MSME). After school, Andy worked in tech for a few years but left the cubicle world to get back to hands-on building joining his brother as a custom home builder in SW WA. After stints doing development work in Central America and being a tenured professor of engineering, Andy started Pivot Windows at the end of 2022 and provides high-performance glazing products for residential and multifamily projects throughout the Northwest. He is a Certified Passive House Builder and Civil PE.

Pivot Windows was formed out of a need

for a better solution for accessing European triple-pane windows in the US market. Working on the fringes of high-performance building for the last fifteen years and helping a friend build the first passive house in Portland back in 2008 convinced me of the need for highperformance windows at a price point that makes them a viable option for more projects. In 2021 when I was building my family home in the Columbia Gorge and started sourcing windows, I found the available options for windows with U values below .15 to be almost non-existent. Since that time, I have worked to develop relationships with several massive European integrators and have refined a logistics system to import high-performance windows with realistic lead times, attainable pricing, and a myriad of options. Pivot Windows specializes in triple pane thermally broken aluminum and UPVC window and door systems as well as lift and slides and folding walls. Through our system of integrators, we have access to a giant catalog of products from most European manufacturers. We love working with architects and builders early in the design process to help spec window and door systems that meet both a project’s energy and aesthetic goals.

The HBA Building Science Program is a technical resource available to HBA members free of charge, funded in part by Energy Trust of Oregon, Home Certified, OrePAC, Portland General Electric and NW Natural. If you would like to utilize the Building Science Program to create a continuous improvement plan focused on your building challenges or a plan to prepare for future code changes, contact Carol Eisenlohr, HBA’s Building Science Consultant at carole@hbapdx.org or call to schedule an appointment at 503-710-2910.

HBA’s Home Performance Council & Building Science Program is bringing you a little BuildRight all year long! Join us for valuable CCB-accredited education and stay for networking with your industry peers. For questions about when the next BuildRight Road Show is scheduled, contact HBA’s Building Science Consultant Carol Eisenlohr at 503-710-2910 or buildingscience@hbapdx.org.

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 9

Allison Bailes is the author of a bestselling book on residential building science ( A House Needs to Breathe… Or Does It?) and the founder of Energy Vanguard , a building science firm and BPI Test Center located in Decatur, Georgia. The company’s focus is on residential HVAC design, consulting, and training. Dr. Bailes has a PhD in physics from the University of Florida and has been involved with the field of building science since 2001, when he built a highperformance home out of structural insulated panels.

Mark LaLiberte is the co-founder and president of Construction Instruction. He has dedicated over 30 years to the building industry. Through his lectures, site assistance, Building Better Homes video series and his mobile App, he provides builders, architects and manufacturers with an in-depth look at the current and future state of housing. His work has earned him a Lifetime Achievement Award from the Energy and Environmental Building Alliance (EEBA), where he developed the highly acclaimed Houses that Work lecture series. The HTW Series has been delivered for over 16 years by the Ci team in 100’s of North American cities.

10 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
REGISTRATION NOW OP EN! The Factor Building Portland, OR buildrightpdx.com APRIL18 - 19, 2024 | NEW LO CATION! | BUILDRIGHT. COM
KEYNOTE SPEAKERS
2024 Dozens of b reakout s essions. Two keynotes. Earn CCB, RESNET, & NATE credits!
April 18-19,

HBF Closes the Door on the Newest Community Shelter: AnyDoor Place

Home Building Foundation’s Project Manager Chris McDowell locked up the newly painted red front door of AnyDoor Place, culminating more than a year of remodeling. HBF’s work at the old home in downtown Newberg was spearheaded by Builder Captain Nathan Young of MODS PDX, and involved many tradespeople from the residential building community. The staff of YCAP, Yamhill Community Action Partnership, came to take a look at the end of November. YCAP’s Laverne Pitts says “The house is looking fantastic, and we appreciate the work the Home Building Foundation has put into making the space functional and welcoming”.

Community Wellness Collective, which formerly operated the facility, asked HBF’s to help fix wear and tear from 30 years of use as a shelter. HBF’s McDowell recruited Jordan Allen and Casey Keasler with Casework, a local interior design firm, who donated their time to help select new finishes and colors. A once cluttered and cramped kitchen now has cool blue cabinets, soft Marmoleum floors, durable quartz countertops, and brand-new appliances. Budget Blinds McMinnville, Eastbank Contractor Appliances, Fireclay Tile, Galaxy Stone Works, RidgeCrest Custom Cabinetry donated finishes for the new kitchen and laundry area. Fireside Home Solutions added a final touch by donating an electric fireplace to make the common area warm and comforting. Bank of the West provided a grant to help purchase materials for the project.

YCAP will operate the facility as AnyDoor Place, and initially provide emergency housing for up to 16 people experiencing homelessness. There are bunk bedrooms for families upstairs, while individuals will be housed downstairs. During the day, a case manager will provide services such as connecting people to housing, and counseling. Residents will be able to

use a new laundry room, renovated showers, and computer desks. During the remodeling, a decision was made to move administrative services outdoors to a new modular unit, which was commissioned to be built by Young’s MOD’s PDX. When the modular is installed in the spring of 2024, the shelter can bump up its overnight capacity to 24 guests.

HBF worked on the facility for the first time back in 2015. Then known as Harvest House, the house was the only family shelter in Yamhill County. HBF volunteers came to the rescue, providing lead paint abatement, as well as new siding and windows.

The improved Newberg facility features a trauma-informed design with a palette of soothing colors. YCAP purchased furnishings that include fun perches

for children, functional desks, and cozy seating space where people can rest. HBF constructed a new wheelchair ramp, featuring reclaimed wood to match the existing flooring, allowing the space to meet ADA accessibility requirements. The refreshed AnyDoor Place Newberg will provide a vital community resource once the modular office space is complete, allowing community agencies to come to the facility to provide services. YCAP’s Pitt’s says this well-designed facility communicates to their guests that they are valued; “Walking into the space and feeling happy to be there is the first step to building trust and helping someone move from homelessness and into stable housing”. HBF thanks the professionals in the residential construction industry who offered their expertise to provide people restored hope.

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 11 foundation news Connect with us at BuildHopePDX.org

HBA Members Generously Provide Donations to the Home Building Foundation

The donations came rolling in through HBA-led events, namely the HBA Honors: An Evening of Cocktails & Celebration in November and the All-Member Pub Crawl in December.

Pub Crawl

The happy crowd brought more than holiday spirit to the Home Building Association’s Home Performance Council Pub Tour in December. Home Building Association partnered with the Foundation, and asked the party-goers to support people experiencing homelessness. The attendees dropped off donations for Family Promise of Tualatin Valley before they began their four-pub party. The crowd brought bags full of useful items, such as full- sized shampoo and conditioner, toothbrushes and toothpaste, feminine hygiene products, deodorant, soap, and shaving gear.

HBF Executive Director Brenda Ketah

and HBF’s Teresa Spangler delivered the donations and took a tour of the Family Promise “Bridge to Home” shelter in Tigard, where up to 55 families are housed each night.

HBA Honorees “Clean Up”

The happy crowd brought more than holiday spirit to the Home Building Association’s Home Performance Council Pub Tour in December. Home Building Association partnered with the Foundation, and asked the party-goers to support people experiencing homelessness. The attendees dropped off donations for Family Promise of Tualatin Valley before they began their fourpub party. The crowd brought bags full of useful items, such as full- sized shampoo and conditioner, toothbrushes and toothpaste, feminine hygiene products, deodorant, soap, and shaving gear.

Foundation Hero – Taylor Wick

Name: Taylor Wick

Company & Title: Rick’s Custom Fencing & Decking’s Director of Marketing & Community Outreach

We periodically honor members of the community who make a meaningful contribution to our organization. HBF would like to acknowledge Taylor Wick, who is Rick’s Custom Fencing & Decking’s Director of Marketing & Community Outreach. Wick is a member of HBF’s Board of Directors, and HBA/HBF’s Workforce Development Advisory Group. She has helped foster Rick’s involvement in HBF projects at HomePlate Youth Services, and Project

Homeless Connect Washington County. Here’s a bit more about her.

Tell us about yourself:

My family started Rick’s Fencing in their backyard in 1980, so I like to say I’ve been with the company my whole life. In truth, I joined our sales team in 2011 after graduating from EOU and moved into the role of Marketing Director in 2019.

How did you get involved in the HBF and what keeps you involved?

My good friend Gwen Ozaki referred me to the organization and invited me as her guest to the Gala which was an incredible introduction to the reach and impact of this organization. I was so impressed with what this board and organization accomplishes, and I found that their goals aligned exactly with the

type of support that Rick’s wants to be involved in as well as what I personally want to be involved in.

What is a fun fact about you that not everyone knows?

I have competed in the Rebelle Rally, the longest women’s off-road navigation rally in the US four times, and I won the 4x4 class in 2019. I have a standing invitation to navigate for our sponsor Lexus if I ever want to compete again. What is your favorite hobby?

I love to sing though I don’t do that as much anymore. I would say my favorite hobby currently is anything related to wine! My dad and I are in the process of starting a side venture producing and purchasing great Willamette Valley wines under the label Chandelier Vineyards, coming 2024!

12 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME foundation news Connect with us at BuildHopePDX.org
HBF Executive Director Brenda Ketah and HBF’s Teresa Spangler delivered the donations and took a tour of the Family Promise “Bridge to Home” shelter in Tigard, where up to 55 families are housed each night.
HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 13

industry

2024 Election Year: What Lies Ahead

This year’s elections will be pivotal for our industry, both directly and indirectly. There are dozens of local races that have the potential to shift political power dynamics towards more pragmatic, business-friendly majorities. Continue reading for a brief synopsis of the political races HBA is watching out for in and will be likely to engage in one form or another in 2024.

HBA Opposes King City and North Plains Ballot Measures

There are two misguided ballot initiatives coming to two small cities in our region, both of which could set a hazardous precedent for the homebuilding industry. Two ballot measures will be coming to voters in February and May of 2024. While different legal positions, there are striking similarities in each that may make it more difficult for our members’ ability to acquire the land needed to provide adequate housing for our communities.

King City Council Recall—the first challenge coming to voters this year is just a few weeks away in King City, where a small group of disgruntled citizens have gathered enough signatures to recall six out of seven City Councilors, including their pro-housing Mayor Jaimie Fender. The election will be held on February 13th, 2024. HBA is opposed to this radical recall, and we urge you to support the campaign to defeat it.

The issue stems from the 2018 decision by council (and approved by Metro) to expand their Urban Growth Boundary by 500 acres to build roughly 3,000 needed, new homes for existing and future residents. Rather than working collaboratively with council to concept a workable vision for growth, a few property owners are instead attempting to torpedo the years of thoughtful work carried by council and citizens to address the city and region’s housing affordability crisis, with the ultimate goal of reversing the established UGB growth decision.

We urge our members and voters in King City to VOTE NO to this radical recall. For more information, please visit RejectTheRecall.com.

North Plains UGB Referendum—

Similar to the King City recall, a few wealthy landowners have gathered enough signatures to put a recent City Council decision to expand its Urban Growth Boundary up for a vote in the May Primary election. While council’s unanimous UGB growth decision in the summer of 2023 is largely dedicated to employment lands, this would have the potential to generate roughly 1,000 new homes in North Plains.

As with King City, this referendum has the potential to halt nearly a decade of thoughtful and citizen-led planning for growth. What’s perhaps more concerning is the precedent that this challenge could have for future expansion decisions—even as voterapproved annexations were outlawed in 2016 by the state legislature. We believe that this new tactic, being propped up by a combination of farmers, environmentalists and antigrowth NIMBYs has the potential to spread to other cities in Oregon and extend beyond cities’ UGB decisionmaking authority.

Portland

HBA’s most obvious political opportunity and challenge will be in the City of Portland, where recently passed charter reform will result in a new 12-member council, in addition to a new Mayor who’ll install the city’s first-ever City Manager. Currently, there are three main contenders for Mayor—all of whom are sitting city councilors. Commissioners Mingus Mapps, Rene Gonzalez, and Carmen Rubio are all vying for the city’s top elected seat. Additionally, there are roughly 70 candidates either formally running or expected to run to fill what will essentially be 12 vacant council seats. As one might imagine, there is significant resources and attention going to this first pass at reform,

as many anticipate newly minted incumbents will hold significant political sway in the coming decade. HBA will be working with several business groups to support and elect a core majority of pragmatic, business-friendly candidates.

Metro

There are three seats up for election at the Metro Council, each of which is being held by an incumbent. Councilors Mary Nolan, Duncan Hwang, and Gerritt Rosenthal are all up for reelection to represent their districts for another 4-years.

Multnomah County

In Multnomah County, there will be a once-in-a-generation turnover of three out of five seats. Commissioner Julia Brim-Edwards, who was recently elected in May 2023 to fill Jessica Vega Pederson’s seat following her ascension to County Chair, will be up for re-election. Additionally, two other seats being vacated by term-limited Commissioners Sharon Meieran and Lori Stegmann will be up for grabs. The results of this election will shape the ideological majority on an important governing body that oversees essential services for the industry.

Clackamas County

In Clackamas County, there will be three key races that also have the potential to impact its governing majority—this includes the County Chair’s race, and two seats currently being held by incumbents Martha Schrader and Mark Shull (both of whom are running for re-election). Chair Tootie Smith has announced she is running for re-election, having drawn a challenge from former County Sherriff Craig Roberts.

Washington County

In Washington County, there will be two commission-level races that will be important to our members. The first, and perhaps most seismic, is the

14 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME your
Connect with us at HBApdx.org

2024 Election Year: What Lies Ahead

seat being vacated by Roy Rogers, the longest-serving County Commissioner in Oregon and a long-time supporter of HBA. Former Tigard Mayor Jason Snider has formally announced his candidacy to fill Commissioner Rogers’ seat. The other seat is the one currently held by Nafisa Fai, who is running for re-election.

Yamhill County

The Yamhill County Commission will also have an election for the commission seat currently being held by County Chair Lindsay Berschauer. The county has a three-person board of commissioners, who choose to elect their chair consensus by vote. Chair Berschauer is anticipated to run for re-election, with a challenge expected from Newberg Farmer David “Bubba” King.

Hillsboro

The City of Hillsboro will vote for a new Mayor in 2024, replacing the outgoing Mayor Steve Callaway who was first elected in 2016. So far, sitting City Councilor Beach Pace is the only candidate to announce a run for Mayor. Hillsboro is a key jurisdiction for the HBA, and following years of proactive partnership with homebuilders, were recognized with the 2023 Ernie Platt Award at November’s Housing Forecast.

Beaverton

The City of Beaverton will also consider who will be its next mayor, with incumbent Lacey Beaty running for reelection. Beaverton is another important city for HBA and our members, with large comprehensive

plans being drafted by staff, including the South Cooper Mountain area which includes more than 2,300 acres and will produce several thousand units in the coming decade, among other planned developments.

Lake Oswego, Wilsonville, Cornelius, North Plains, and West Linn

Some of the other races we’re tracking this cycle are for mayor in several cities including Lake Oswego, Wilsonville, Cornelius, North Plains, and West Linn. Each of these cities have incumbents sitting in their current roles, including Jeffrey Dalin (Cornelius), Teri Lenahan (North Plains), Rory Bailostosky (West Linn), Joe Buck (Lake Oswego), and Julie Fitzgerald (Wilsonville). Each person will have until March 12th to file for re-election.

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 15
Connect with us at HBApdx.org
your industry
HomesOfTomorrowPDX.com Energy Efficient New Home Tour! Portland Metro Area OFFICIAL SHOW Tour homes with cuttingedge technologies and building science features including above-code energy performance scores and sustainablebuilding certifications. BUILDERS: Ask how to showcase your projects/ homes in the show! Contact Carol Eisenlohr at 503-710-2910 or carole@hbapdx.org. SAVE THE DATE! APRIL 19-21, 2024

HBA advocacy in the community

OHBA Hosts Meeting with Governor Kotek

Several of our members and OHBA staff recently met with Governor Kotek in Portland to discuss our industry’s priorities heading into the next legislative session.

Among topics covered were the need for infrastructure funding, checking the realities of proposed density requirements, as well as the need to ensure UGB expansion opportunities in future legislation. The meeting, which lasted over 1.5 hours and included a range of builders and developers was also an important opportunity to ensure that the recommendations coming out of the Housing Production Advisory Council (HPAC) are seriously considered by the Governor and her staff for action in the legislative and executive realms.

BDS Update: Director Rebecca Retiring, Process Improvements, etc.

There are several important updates to report on in the City of Portland’s Bureau of Development Services. The first involves the leadership of the bureau where Rebecca Esau has announced that she will be retiring from the position after nearly 7 years at the helm. Replacing Rebecca will be David Kuhnhausen, Permitting Services Division Manager who’s been with the Bureau since 2008. Additionally, on December 7, BDS launched several big improvements to benefit customers of the city’s permitting process. Improvements to how customers upload corrections; and A visual and functional upgrade to DevHub PDX, the city’s permitting portal. More details can be found on the City of Portland – Bureau of Development Services website.

Advancing Metro’s Urban Growth Report (Redevelopment model)

As part of Metro’s planning for its next round of UGB decisions, it is required to develop Urban Growth Report. While typically a routine and dry process of inputs and outputs, there are new tools being introduced to try and more accurately capture the true data assumptions being how much buildable land is in the UGB and what the likelihood of development is going to be. As part of HBA’s seat on the UGR’s formal monthly Roundtable with regional stakeholders, we’ve learned that Metro will be incorporating a new capacity analysis tool that offers a market-rate perspective and pro forma model to determine the likelihood of development actually occurring within our existing boundaries, and how that may justify a need to bring in more

lands. Created by Jerry Johnson and his team at Johnson Economics, Metro will be able to better estimate their development assumptions of land inside the UGB based on things like interest rates, zoning capacity, environmental constraints, and other market factors. The model is still being developed but was previewed at Metro’s most recent roundtable meeting. We anticipate the full model will be revealed the spring for a more complete analysis.

HBA and Partners Advance Middle Housing Incentives in Portland

Along with our partners at the Portland Metro Chamber, Smart Growth, and PMAR, HBA is leading an effort to expand incentives to builders constructing middle housing projects. The City of Portland has an existing, and mostly underutilized SDC Waiver program at its disposal for builders developing housing at 100% Median Family Income (MFI) for homeownership and 60% MFI for rentals (with a 60-year income restriction). Given the increasing cost of capital and mortgage interests, we are proposing a change in that incentive scheme to up to 120% MFI for homeownership and 80% for rentals (while shortening the income restriction to 15-years). This would incentivize new housing production while encouraging naturally occurring homeownership opportunities in the sub-$450k housing market. We are requesting that council include this provision in their January 10th Council Meeting that will hear a variety of other housing proposals including Commissioner Rubio’s Housing Regulatory Relief Project and reforms to how the city manages its Inclusionary Housing program.

HBA Testifies Against Appeal Fee Waiver in Gresham

On Tuesday, December 5th, HBA provided testimony to the City Council in Gresham regarding an earlier decision to approve a Type III appeal fee waiver for neighborhood groups against a proposed 150-unit housing development. With virtually no public comment opportunity and deliberation, council erroneously approved to waive any appeal fees, granting anyone from Planning Commission meetings with standing to qualify. We believe that this sets a dangerous precedent and opens up future housing developments in Gresham (and beyond) to groundless appeals from anti-growth neighbors. We are strongly urging council to reconsider their position.

Navigating Unclaimed Property Laws

DeLap Corner

Compliance with unclaimed property laws is not just good practice—it’s essential. Unclaimed property can take various forms, but generally consists of uncashed checks (payroll and vendor checks), unreturned customer or security deposits, uncollected customer refunds, and more.

Unclaimed property laws mandate that businesses take specific steps to identify and report unclaimed assets. The federal government does not administer a unified unclaimed property program; instead, each state has its own unclaimed property laws and regulations, which include definitions of the types of unclaimed property, dormancy periods and steps required to contact the property owner prior to reporting the assets as unclaimed property. Therefore, it is important to understand the unclaimed property laws for the states in which you operate.

Consider a scenario where a homebuilder issues a check to a subcontractor for completed work, but due to an administrative error, loss of the check or inability to deliver the check, the check is voided. If the voided amount is not properly documented (for example, it is just recorded to income and the amount never paid to the rightful owner), this amount represents unclaimed property. If the check was reissued, but not recorded as a replacement, it could resemble unclaimed property even though it has been reissued. Here lies the importance of matching reissued checks with previously voided ones. By doing so, homebuilders can ensure that they are accounting for the entire financial transaction, mitigating the risk of overlooking unclaimed funds and, consequently, avoiding penalties associated with non-compliance.

It is vital for homebuilders to recognize the potential consequences of not complying with reporting requirements. Penalties for non-

compliance can range from fines to interest on unreported amounts. Also, there is no minimum dollar threshold for amounts considered for escheatment, so even a few cents owed to someone needs to be reported. The failure to adhere to these laws may even lead to audits, placing additional strain on the business.

You may even have unclaimed property out there to be recovered! Make sure that you are in compliance with the rules before claiming that property or you can expect an audit!

In conclusion, homebuilders must proactively manage voided checks and other potential sources of unclaimed property to unclaimed property regulations. Establishing meticulous record-keeping practices and ensuring the proper reporting of such transactions not only fosters compliance but also safeguards against penalties, promoting financial health and stability for your company.

16 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME For more information on any of the below items, please contact Director of Policy and Government Affairs Preston Korst at prestonk@hbapdx.org
LOCAL GOVERNMENT AFFAIRS UPDATES • HBA OF GREATER PORTLAND

safety solutions

Working Safely in Cold Weather

Winter has arrived in Oregon with colder temperatures alongside the rain and snow. Anyone working in a cold environment may be at risk of cold stress. Working in cold conditions isn’t just uncomfortable, it can be dangerous. Frostbite, numbness, dehydration, and hypothermia are real concerns from chilly outdoor weather. If you’re working outdoors this winter, be aware of the dangers and stay safe.

How Cold is Too Cold?

What constitutes extreme cold, and its effects can vary across different areas of the country. In regions that are not used to winter weather, near-freezing temperatures are considered “extreme cold.” A cold environment forces the body to work harder to maintain its temperature. Whenever temperatures drop below normal and wind speed increases, heat can leave your body more rapidly.

The wind chill is the temperature your body feels when air temperature and wind speed are combined. For example, when the air temperature is 40°F, and the wind speed is 35 mph, the effect on the exposed skin is as if the air temperature was 28°F.

Cold stress occurs by driving down the skin temperature and eventually the internal body temperature (core temperature). This may lead to serious health problems and may cause tissue damage, and possibly death.

Cold Stress Risk Factors

Some of the risk factors that contribute to cold stress are:

• Wetness/dampness, dressing improperly, and exhaustion

• Predisposing health conditions such as hypertension, hypothyroidism, and diabetes

• Poor physical conditioning

Cold Stress Signs and Symptoms

• Cold stress can be identified in a number of ways, but a few of the most common signs to watch for are dehydration, numbness, shivering, frostbite, and arguably the most dangerous, hypothermia.

• Of course, if there is a noticeable drop in your ability to use your hands and fingers, due to numbness or shivering, cold stress may be occurring.

• Loss of mobility in your hands is a common effect of cold stress and can result in safety hazards to you and your coworkers, especially if you are unable to grip a tool or properly handle the materials you’re working with.

• Shivering is another of the body’s responses to the cold and a potential indicator of the onset of cold stress. Be on guard if you begin to shiver.

• Shivering is the body’s protective mechanism that increases the rate of your body’s metabolism. This is a solid sign that hypothermia may be at the beginning stages.

TIPS FOR WORKING SAFELY IN COLDER WEATHER

1. STAY WELL NOURISHED BY EATING AND DRINKING ENOUGH

Make sure to drink enough fluids, as you dehydrate faster in cold weather conditions. Dehydration causes headaches, dizziness, and fatigue, and it’s important to stay alert outdoors. Eating enough food during the day, especially fats and carbohydrates, is also important. Your body uses those nutrients as energy to stay warm in cold temperatures.

2. STAY WELL RESTED

Working outdoors can be challenging and increases risks to your safety. Make sure you’re getting enough sleep to stay alert on the job when conditions are more dangerous.

3. PLAN BREAKS FROM THE COLD

Just like you need to take breaks from your work throughout the day, your body needs to take breaks from the cold. Plan warm-up times throughout your day to avoid numbness and shivers.

4. STAY DRY

Damp clothing can quickly drop your body temperature. It’s more important than ever to stay dry in the cold. Wear a moisture-wicking base layer to draw away sweat as you work.

Connect with us at HBApdx.org

Wear waterproof gear as an outer shell to prevent your underlayers from getting wet. Remove any wet clothing immediately.

5. DRESS FOR THE CONDITIONS

Dressing in layers is key, as it not only keeps you warm but allows you to adjust to changing temperatures. Proper gloves, socks, and footwear are essential. Choose headwear that keeps your head and ears warm. Your body loses 40% of its heat through the head.

FAST FACTS:

What is immersion/trench foot?

• Trench Foot or immersion foot is caused by prolonged exposure to wet and cold temperatures. It can occur at temperatures as high as 60°F if the feet are constantly wet. Non-freezing injury occurs because wet feet lose heat 25-times faster than dry feet. To prevent heat loss, the body constricts the blood vessels to shut down circulation in the feet. The skin tissue begins to die because of a lack of oxygen and nutrients and due to the buildup of toxic products.

• Redness of the skin, swelling, numbness, blisters are all symptoms of trench foot.

• The proper medical response for trench foot is to call 911 immediately in an emergency; otherwise seek medical assistance as soon as possible. Remove the shoes, or boots, and wet socks, and then dry and cover the feet.

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 17

your business

CCB Complaints & Mediation

Legal Ease

Whereas many states lack consumer agencies focused on the resolution of construction-related disputes, Oregon construction contractors and consumers have access to the Oregon Construction Contractors Board’s (“CCB”) dispute resolution program. However, although the CCB used to fully adjudicate complaints against contractors, including offering an administrative arbitration process, since 2008 the CCB merely offers mediation. Complaints against contractors that are not resolved via mediation must be litigated in Circuit Court or arbitration before the CCB will take further action against a contractor.

Notably, while the CCB will adjudicate claims against contractors, including claims by subcontractors and material supplies against prime contractors, the CCB does not adjudicate claims by contractors against consumers—e.g., complaints for nonpayment. Rather, those types of complaints are governed by the contractual agreement between the parties and are typically litigated in court or contractually-mandated arbitration.

Filing a complaint against a contractor is not complicated but does involve a number of steps. At least 30 days prior to filing a complaint against a residential contractor, a complainant must provide the contractor with written notice of the complainant’s intent to file a complaint. Written notice must be sent via certified mail to the contractor’s last known address listed with the CCB. If the dispute is not resolved after 30 days, the complainant can thereafter file a complaint with the CCB. The CCB’s complaint form can be downloaded from its website along with instructions on how to fill it out. There is no fee to file a complaint, which must be sent to the CCB along with supporting documents, including the applicable contract and pre-complaint notice.

Once received, the CCB will review the complaint to determine if it falls within its jurisdiction. The CCB has jurisdiction to handle complaints for things such as negligent or improper work, payment disputes, lien filings, and breaches of contract. However, the complaint must generally be filed not later than the earlier of one year after substantial completion of the work in question or, in the case of new structures, one year after occupancy or two years after substantial completion. If the complaint falls within the CCB’s jurisdiction, it will request a $50 processing fee from the complainant. Once paid, the CCB will advise the contractor of the complaint and ask that the parties participate in mediation with a CCB mediator.

The parties are not required to participate in mediation. However, if the parties agree to mediate, the mediation will typically be held at the job site. CCB mediators are not attorneys but rather construction industry professionals specifically employed by the CCB to act as mediators. The mediator will typically meet with the parties onsite to review the matters in dispute and explore options for resolution. The mediator may propose a solution where the parties are unable or unwilling to come up with one of their own. However, the mediator cannot force the parties to agree. Rather, the parties are free to craft their own agreement or disagree and proceed to the next step. If the parties agree on a resolution, the mediator will write the terms

of the agreement on a CCB-drafted form of substituted contract and ask that the parties sign it at the mediation. Terms can include completion of unfinished work, damage repairs, payments, releases and whatever else the parties might agree upon. If the terms require future performance (e.g., completion of unfinished work or a payment plan), the CCB may retain jurisdiction over the dispute until such time as the parties fully perform.

If the parties cannot reach an agreement at mediation, the complainant must thereafter file a complaint in Circuit Court or contractually-mandated arbitration and obtain a judgment against the contractor before the CCB will take further action. In the meantime, the CCB will request regular updates regarding the progress of the litigation and may close its file if updates are not received.

If the complainant is successful in obtaining a judgment against the contractor that includes a monetary award, the complainant must send the judgment to the CCB with a request that the monetary award be paid out of the contractor’s bond. The CCB will then determine if any portion of the monetary award should be paid out of the bond and, if so, how much, advising the bond surety to pay the award accordingly. The CCB generally tries to preserve bond funds so as to make them available to as many complainants as possible. As such, a single complainant usually cannot obtain all of the available bond funds, as the CCB will order the preservation of a portion of the bond for future claims. Where there are multiple awards against a contractor, the CCB will prioritize payment of the awards from the bond funds in the order in which the complaints were received, paying awards made in favor of consumers before paying awards made in favor or subcontractors and suppliers. Where multiple awards have the same priority, the CCB will order pro rata distribution of the bond proceeds.

Complaints against contractors are listed on the CCB’s website, indicating the type of complaint, whether the complaint is still pending, and what the resolution was so that consumers and contractors can review this information before deciding whether to engage a particular contractor.

In summary, the CCB is not only an excellent resource for information about contractors and the construction process in general but also provides an inexpensive and relatively easy mediation process that should be a complainant’s first step in any claim against a contractor. As always, parties who are considering making a claim against a contractor should consult with experienced legal counsel.

Bill Joseph is a partner at Portland law firm Dunn Carney, LLP and the leader of the firm’s Construction & Design Team. He also serves as the HBA’s general counsel. His practice focuses on business litigation and transactional law with a specific emphasis on helping those in construction and related industries.

18 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
Bill Joseph

your business

10 ways to improve your health in 2024

If your New Year’s resolutions include improving your health, here are 10 things you can do this year with a little help from Regence:

1. Make sure you have a personal doctor or primary care provider. Having a personal doctor makes it easier to get care when you need it. It can take a while to get in for an initial appointment, so schedule it right away. If you need help finding an in-network doctor, try our find a doctor tool or call us at the number on your member ID card.

2. Get an annual wellness visit, which is covered by most Regence plans with no out-of-pocket costs. Your doctor can assess your overall health and give you guidance on how to improve. This baseline can be very helpful as you plan health and fitness goals for the year.

3. Take care of your mental health. Make self-care a priority. If you’re struggling and need help, most Regence plans cover a variety of mental health care services and resources, such as one-on-one counseling, group therapy, and medication, as well as self-guided well-being tools and virtual care options. If you have questions about your mental health benefits or need help finding a provider, sign in to your account to chat online or call us at the number on your member ID card.

4. Get all your recommended health screenings, such as screenings for breast, cervical, and colorectal cancers. Most screenings are covered with no out-of-pocket costs if you meet the criteria. Talk to your doctor about which screenings you should get this year and sign in to your account at regence.com to learn more about your coverage. It may take a few months to get in for some screenings, so get them scheduled early.

5. Get vaccinated. Getting all your

recommended vaccinations for diseases like flu, COVID-19, RSV, and pneumonia will help you avoid illness so you can focus on improving your health. Most vaccinations are covered with no out-of-pocket costs if you meet the criteria. Some vaccinations, like the flu shot, are covered annually. Talk to your doctor or pharmacist for help deciding which vaccinations you should get. Sign in to your account at regence.com to learn more about your vaccine coverage.

6. Stop using tobacco. Most Regence health plans cover up to eight face-to-face tobacco use cessation counseling visits during a 12-month period to help you kick the habit.

7. Participate in a wellness program. Many employer groups insured by Regence offer a wellness program that provides incentives like gift cards and cash for participation. Programs invite you complete a health assessment, then provide personalized programs and activities that can help you reach your self-identified goals. Check your account at regence.com to learn what’s available to you.

8. Take advantage of any fitness and wellness benefits included in your health plan. Some plans include discounts on health-related products and services like fitness devices and gym memberships. You may also be able to use funds from

your Health Savings Account or Flex Spending Account to help pay for some of these services. Check your account at regence.com to learn what fitness and wellness benefits are included in your plan.

9. Familiarize yourself with all the care options covered by your health plan. Make sure you know when you should head to the emergency room instead of an urgent care or your doctor’s office, versus the virtual care and telehealth options available with your Regence plan. Knowing the difference could save you time and money, and it’s better to figure it out now instead of when you’re sick.

10. Get help making healthier choices. For example, most Regence plans cover one-on-one nutrition counseling with a dietitian to help you improve your diet. The counseling can be especially helpful if you have certain medical conditions, such as diabetes or renal kidney disease. You can also get help managing your substance use, including alcohol, drugs and other substances. Many Regence plans include access to traditional and virtual substance use disorder treatment providers such as Boulder Care, Eleanor Health (WA only) and Hazelden Betty Ford. To learn what’s available for you, sign in to your account to chat online or call us at the number on your member ID card.

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 19

HBA meetings & events

February Meetings

February 1

Membership & Retention Committee, 10:00 am, HBA Offices + Zoom

February 6

SOD Builder/Sponsor, 12:00 pm, HBA Offices – First Floor

February 7

PBUD Council Meeting, 9:00 am, Zoom

February 8

HBF Executive, 8:30 am, HBA Offices + Zoom

Government Affairs, 10:00 am, HBA Offices + Zoom

February 14

HPC Executive, 9:30 am, HBA Offices + Zoom

February 21

PWB Executive, 10:00 am, HBA Offices + Zoom

February 22

HBA Board of Directors, 3:00 pm, Spring Home & Garden Show

March Meetings

March 9

PBUD Council Meeting, 9:00 am, Zoom

March 7

Membership & Retention Committee, 10:00 am, HBA Offices + Zoom

March 12

SOD Builder/Sponsor, 12:00 pm, HBA Offices – First Floor

March 13

HPC Executive, 9:30 am, HBA Offices + Zoom

March 14

HBF Executive, 8:30 am, HBA Offices + Zoom

Government Affairs, 10:00 am, HBA Offices + Zoom

March 20

PWB Executive, 10:00 am, HBA Offices + Zoom

Auction Committee, 1:00 pm, HBA Offices + Zoom

March 22

HBF Board of Directors, 7:30 am, HBA Offices + Zoom

Finance Committee, 10:30 am, HBA Offices + Zoom

HBA Executive, 11:45 am, HBA Offices + Zoom

HBA CEO Dave Nielsen

Associate Publisher Brian Monihan, Pamplin Media Group

Editor Samantha Thomas

Advertising Representative Chris Sweet

Graphic Design & Production Matias Ricco

Published by Pamplin Media Group

February Events

Portland Spring Home & Garden Show presented by Standard TV & Appliance

Thursday, February 22 - Sunday,

February 25

Show Hours: Thursday - Saturday 10:00 am - 7:00 pm;

Sunday 10:00 am - 5:00 pm

Portland Expo Center 2060 North Marine Drive, Portland

Cost: $15/per person. Children 12 and under FREE

All-Member Happy Hour at the Portland Spring Home & Garden Show

Thursday, February 22 5:00 pm – 7:00 pm Portland Expo Center 2060 North Marine Drive, Portland

Cost: Event is free to attend with paid admission to the Home & Garden Show. Registration is Required.

March Events

Painting A Better Tomorrow

Saturday, March 2

All Member Happy Hour

Thursday, March 7 5:30 pm – 7:30 pm

Location:

Keller Kitchen & Bath Showcase 5740 Jean Rd. Suite 100, Lake Oswego, OR 97035

Cost: Early Registration: $20

Member, $25 Non-Member |

After March 1: $25 Member, $30 Non-Member

Spring HBA All Member Lunch

Thursday, March 21 11:30 am – 1:00 pm

Home Building Association of Greater Portland 15555 SW Bangy Rd. –First Floor | Lake Oswego

Cost: Early Registration: $30 Member, $35 Non-Member | After November 3: $35 Member, $40 Non-Member

HBF –

H&G –

HPC –

PBUD

RCB –

PWB –

SOD

20 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME
OFFICIAL PUBLICATION OF THE HOME BUILDING ASSOCIATION OF GREATER PORTLAND
THE
Home Building Foundation
Home & Garden
Show
Home Performance Council
Building
Urban Development Council
– Portland
&
Remodeling and Custom Building Council
Professional Women in Building Council
Street of Dreams®
ACRONYM KEY
– NW Natural
HBA
Visit hbapdx.org/events for the most up-to-date information and event registration details. If you would like to attend a meeting, check in advance to ensure
schedule changes.
there have been no

APEX Home Solutions

Landon Coggins

503-442-1719

Roofing Contractors

Apparatus Contractor Services

Steve Kreitzberg

503-543-1525

Bookkeeping

Communications Northwest

Kevin Reilly

503-232-9031

Communications

CUTCO GIFTS

Matthew Hansen

503-740-3958

Advertising Specialties/Incentives

DreamCon

Cia Murphy

727-657-9959

Construction Management

GCB Solar Inc

Alex Carpenter (503) 395-1943

Solar Energy Systems

Hixon Mortgage

GaSandra Carlson (541) 322-8846

Lending Institutions - Mortgages

Landscape East & West, Inc.

Stephen Stewart (503) 256-5302

Landscape Contractors

Matrix Communications Corp dba Matrix

Networks

Kimberly Ness

503-513-9179

Business Solutions & Services

Mindi Holstein, REALTOR®, RE/MAX Equity Group

Mindi Holstein

503-891-2195

Realtors

MJS Investors

Andrew Rockwell (503) 888-2597

Developers - Land Movement Mortgage

Paul Geske

503-706-2586

Financial Institution

Urban Works Drywall, Inc.

Brooke Maher

503-620-3333

Drywall Contractors

Akos Construction

Isaac Frost

971-599-1287

Builders - Residential Designer Built Homes LLC

Devin Dougherty

503-658-2159

Builders - Residential

Gryphon Custom Home Builders and Remodeling LLC

Akeem Griffin

503-498-1580

Builders - Custom

Hoch Design Workshop LLC

Nick Hoch

260-433-6040

Architects

Recast Homes

Krisanna Sanders

503-707-9038

General Contractor

76 Renewed Members THANK YOU FOR RENEWING YOUR MEMBERSHIP!

50-59 Years

The Conifer Group

40-49 Years

Steve Smelser Homes Inc.

30-39 Years

C C & L Roofing Co.

Costa Pacific Communities

Griffith Roofing Co.

Konell Construction & Demolition

T J Overhead Door Inc.

Woodcrafters Lumber Sales, Inc

20-29 YEARS

Don Young & Associates Inc.

DR Horton Inc.

Home Certified Inc.

McDermott Fence & Construction Inc

Oregon Custom Cabinets, Inc.

Oregonian Marketing Solutions

OrePac Building Products

Residential Warranty Company LLC

10-19 YEARS

3J Consulting

Berkshire Hathaway - West Portland

Emerio Design, LLC

G Cam Ltd.

Hamish Murray Construction Inc.

Installed Building Products Portland

InterWorks, LLC

Jacobs Heating & Air Conditioning

JDL Development Inc.

Lennar Northwest, LLC

M&G Insurance and Risk Management

MODSpdx / Nathan D. Young Construction, Inc.

Mountainwood Homes, Inc.

Ostercraft Homes Inc.

Palisade Homes, LLC

Private Lending Associates

Skyles Drilling, Inc.

Stephens Homes, LLC

Taiga Exterior Wood, Inc

TerraFirma Foundation Systems, Inc.

The Holt Group, Inc. / Holt Homes

Turtle Mt. Construction

Ultra Quiet Floors

Verhaalen Painting

Withers Lumber Co.

Wolcott Services

5-9 YEARS

5d Contractors

Creekstone

Dotzenrod

Otis

Pacific

Rodda

Ticor

1-4 YEARS

Absolute Painting & Power Washing

Alliance Environmental Group, LLC

Budget Blinds Central Portland

Constructing Hope

D+D

Darryl Bodle at Keller Williams GRO

Grow Modern Audio Video LLC

Happy Planet Softwash

HiLine Homes

Hinge Build Group LLC

MC HOLDCO

Northwest Land Use Entitlements, LLC

PNW Epoxy & Coating Supplies

Revel Home LLC

Rich’s for the Home

Storm Water Services, Inc.

Taylorsmith Sustainable Construction

The Saunders Company Inc

Valley West Landscapes

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 21 membership
HBApdx.org
Connect with us at
K Construction
Circle
+ Remodel
Design
Demolition
& Excavation
Light Construction LLC
Plumbing Company
Duke Construction
Green
Lotus
Construction
Gabbert LLC
Owen
Coast Siding Inc.
Paint Company
Inc.
Standridge
Title Insurance
Structures LLC
Timberline
Concrete and Utilities, Inc.
LLC
Members THANKS FOR JOINING! ASSOCIATE MEMBER BUILDER MEMBER Take advantage of these exclusive member discounts from HBA business partners, visit hbapdx.org/benefits for more info. DISCOUNT GAS For more information contact Kathy Temple at 541-408-5155 Kathy.Temple@ edstaub.com CREDIT CARD PROCESSING For more information contact Tim Holstein at 503-975-0660 timh@ swipenow.com BUILDER/REMODELER MANUFACTURER REBATE PROGRAMS For more information contact Tami Walter, 503-684-1880 or tamiw@ hbapdx.org WORKERS COMPENSATION Qualifying HBA members can save up to 2% on SAIF. BENEFITS For more information, contact the Program Manager at Capital Benefits Group at 425641-8093. CONSTRUCTION INDUSTRY CRIME PREVENTION COUNCIL For more information: www.cicpp.com Thousands of members of local and state home builders associations utilize the NAHB member savings programs to receive numerous exclusive discounts
18 New

member notes

Warm Up During These Chilly Months at HBA Events!

Oregon winters can be challenging at times, especially right now as I write this wondering if an ice storm really will hit us tomorrow. The cold months last for far too long sometimes and for some, this time of year is a little harder than most. This is the time of year when nature resets and gets ready for the new year of growth and everything and everyone needs this time to do the same. During these times, it can be uplifting to look ahead to the coming spring and the pleasant weather sure to come. New beginnings. The HBA has you covered to do just that! We are excited to host some great member events to see us through these cold winter months and benefits to help your business through these occasionally tight months. However, in this issue, I would like to focus on our consumer-facing events that help to put you face-to-face with the consumers you are trying to reach!

The Portland Spring Home & Garden Show presented by Standard TV & Appliance has always been one of my favorite events to participate in and attend! While cooped up at home during this cold weather, my creative home improvement ideas start piling up, and all kinds of questions about how to make my dreams come true start filling my head. Well, ta-da, all I have to do is get to the Spring Home & Garden Show and get the answers straight from the experts! It is all there plus - the plants! I am now obsessed with going to this show to find more plants and new ones I haven’t planted yet for outside and inside! They have it all and the experts on stage, or the ones I am buying these beautiful plants from, are always so helpful and kind. In fact, some of the plants I bought last year at the show are blooming now! The member benefit here is that all of you, as our members, get two free daily admission tickets to attend the show, and members who want to be in the show get a great discount on a booth!

And that is not all! Following right on the heels of this amazing show is the National Home Builders Association’s International Builders Show (IBS) in Las Vegas! As a member of the HBA, you get member pricing for this fabulous show that has so much to see and so much education to offer. If you have never been to IBS, the benefit of being a member is even better! As a first-time attendee, you can sign up for the full education registration for only $175! Regular member pricing ranges from $425-$775 depending on when you register. This year there are 225 speakers, 120 sessions, 9 tracks, 5 super sessions, and 1,695 exhibitors on the show floor!

Now for a more regional-based education experience, that also provides Oregon CCB credits, we have you covered! Our BuildRight Conference + Expo is bigger and better than ever this year! This year, the conference has been extended to two days. Join us on April 18th & 19th at the new location for this conference: The Factor Building in Portland, OR. We have two amazing Keynote Speakers this year, Allison Bailes and Mark LaLiberte. In addition to CCB credits, this conference also provides RESNET and NATE continuing education credits as well. We are eager to announce some fantastic speakers and sessions the conference will be offering this year and registration is now open - and of course, our members get discounted pricing!

Winter and spring at the HBA are packed with all of this and even more with our great networking happy hours and member lunches to provide you with great opportunities to build your network as well as valuable information and education on local issues and opportunities. We look forward to helping you make the most of your membership experience in the coming months!

22 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME Connect with us at HBApdx.org

center stage

All-Member Pub Tour hosted by the Home Performance Council

HBA BUILDING HOME | February 2024 / March 2024 | HBApdx.org 23
Anne-Marie Nash (Contract Furnishings Mart), Nicole DeHaan (Contract Furnishings Mart), Terese Shoff (Contract Furnishings Mart), Kelly Sandstrom (ReFIT, Remodeling for Independence Together), Molly Newington (Architectural Surfaces), Scott Hutchins (Cambria), Elizabeth Taylor (Cambria), and Coleen Gallagher (Lowe’s Pro Supply) Neil Fernando (Emerio Design, LLC), Julie Farrell (Directors Mortgage), and Sean Jackson (Emerio Design, LLC) Cesar Sanchez (Galaxy Stone Works) and Garrett Anderson (Contract Furnishings Mart) leading the crowd to the next stop on the tour Avery Morris (Vista Structural Engineering, LLC), Kevin Smith (Taylorsmith Sustainable Construction), Lauren Shumaker (Taylorsmith Sustainable Construction), Taylor Thomspon (Taylorsmith Sustainable Construction), Josh Little (Taylorsmith Sustainable Construction), and Matt Tidwell (PGE). Part of the crew at the final stop on the All-Member Pub Crawl, the Willamette Garage
24 HBApdx.org | February 2024 / March 2024 | HBA BUILDING HOME Visit our showrooms Lake Oswego — Pearl District — Outlet Store www.bascoappliances.com www.bascoappliances.com/outlet Exceptionally Thermador. Irresistibly Priced.

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.