Florida Roofing - October 2024

Florida

October 2024

ROOFING A Publication of FRSA – Florida’s Association of Roofing Professionals

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Contents 20 | Not All Metal Roofing is Manufactured Equally 24 | Metal Deck 101 – Metal Deck Replacement 30 | Reclassifying from Independent Contractor to Employee 32 | Seven Strategies for Minimizing Cyber Risks

FRSA-Florida Roofing Magazine Contacts: For advertising inquiries, contact: Skip Heymann at: skip@floridaroof.com (800) 767-3772 ext. 127 All feedback and reprint permission requests (please include your full name and address) contact: Lisa Pate, Editor lisapate@floridaroof.com (800) 767-3772 ext. 157 Florida Roofing Magazine PO Box 4850 Winter Park, FL 32793-4850 View media kit at: www.floridaroof.com/ florida-roofing-magazine/

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ROOFING Available Online at www.floridaroof.com/news

October 2024

Any material submitted for publication in Florida Roofing becomes the property of the publication. Statements of fact and opinion are the responsibility of the author(s) alone and do not imply an opinion or endorsement on the part of the officers or the membership of FRSA. No part of this publication may be reproduced or transmitted in any form or by any means, without permission from the publisher.

Florida Roofing (VOL. 9, NO. 10), October 2024, (ISSN 0191-4618) is published monthly by FRSA, 3855 N. Econlockhatchee Trl. Orlando, FL 32817. Periodicals Postage paid at Orlando, FL. POSTMASTER: Please send address corrections (form 3579) to Florida Roofing, PO Box 4850, Winter Park, FL 32793-4850.

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PRESIDENT’S COLUMN Manny Oyola, Jr.

FRSA’s Committees Proceed with Enthusiasm In September, FRSA held the first Board of Directors and Committee meetings of the 2024-2025 year. Over three days, 13 different committees met and covered topics from the Florida Building Codes to Convention to Governmental Affairs. For the first time in recent memory, every committee meeting held in-depth discussions and offered positive suggestions to move FRSA forward. Each committee also ran out of time, requiring virtual meetings to be scheduled over the next month.

I wanted to take a moment to extend my heartfelt gratitude for all the hard work and dedication from volunteer members over the years as well as the tremendous results that came from the meeting last month. I spoke with several new members who attended committee meetings and expressed how impressed and overwhelmed they were by the depth and breadth of the content discussed. Your professionalism and unwavering commitment have not only impressed new members but have also reinforced the respect and admiration our industry receives. Your continued dedication and excellence are key to our success and reputation. Some of the highlights from the meetings include: ■ New plans for the 2025 Convention include revamping the Officer Installation Dinner into a

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more casual casino party that will include recognition of S.T.A.R. Award Recipients in a fun, engaging way. The Affiliate Competition will be a Texas Hold ‘Em event and the Welcome Reception will be located in Gaylord Palms atrium.

■ A three-question survey will be sent to members asking which benefits they use and which ones they would like to see added.

Manny Oyola, Jr., FRSA President Eagle Roofing Products

■ A customizable video informing consumers of the importance of doing business with a Florida licensed roofing contractor will be sent to members to post on their website and use in social media.

■ Work has begun on code modifications to the 2026 Florida Building Codes and on reviewing ICC recommendations for the Energy Code.

■ The Young Professionals Council was engaged and are establishing plans for a mentorship initiative.

ROOFING

■ The merge of FRSA’s Credit Union with the Orlando Credit Union will enable members to receive greater benefits, such as the expansion of the Roof Loan Program, offering up to $50,000 in residential roof loans for consumers.

5,000

More details on all of these programs to come. As I mentioned before, I am grateful for the volunteer engagement that takes place — another reason my theme is “Our Legacy is Sharing Roofing Knowledge.”

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Many thanks!

Manny Oyola, Jr. FRSA President manuelo@eagleroofing.com

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Industry Updates Gulfeagle Supply Announces New Director of Operations and Training

Gulfeagle Supply announced the promotion of Miriam Mata-Vinalet to Director of Operations and Training. MataVinalet most recently served as the National Operations and Training Manager. In her new role, she will continue to lead her team of branch training specialists, ensuring that all new and existing branches receive the operational training and support necessary to uphold the exceptional service that Gulfeagle customers expect.

“We are excited to see Miriam take on this new role. As Gulfeagle continues to grow, it is vital to have key leaders in place who bring expertise and a strong commitment to service,” said Kurt Schwahn, Executive Vice President of Sales and Operations.

Before becoming Director, Mata-Vinalet held several roles within Gulfeagle, including Branch Training Specialist and Branch Manager.

“I am proud of my team and excited to continue serving an organization that shares my values. My journey at Gulfeagle has been truly memorable and I look forward to working closely with our branch leaders,” said Mata-Vinalet. She has been with Gulfeagle since 2001.

IB Roof Systems Acquired by Kingspan Group

Jason Stanley, owner of IB Roof Systems, Grapevine, Texas, announced that Irish multinational Kingspan Group will acquire the company. Stanley will retain an ownership stake and stay on, leading the new firm as it seeks to match rivals Sika and Duro-Last. No timeline for the transaction’s close was offered — the move tracks with Kingspan’s aggressive moves in roofing and insulation in 2023.

The acquisition is Kingspan’s first inroad into the U.S. single-ply roofing market. The company said the IB purchase offers an immediate and established position within the PVC membrane category. It also coincides with Kingspan’s independent investments in TPO membrane and polyiso insulation board manufacturing in Oklahoma and Maryland.

“I am proud of the legacy our family has built at IB and am truly excited about the next chapter,” Jason Stanley said in a statement. “The coming together of 6

FLORIDA ROOFING | October 2024

the two businesses opens up considerable opportunities to grow our PVC systems market share and to broaden our solutions offering.” Stanley added that Kingspan’s culture and customer focus strongly align with IB’s values. He will continue running IB Roof Systems.

In a press release, Kingspan emphasized the companies’ synergies, highlighting the future potential for IB’s market growth and asserting its strategy to compete in the competitive U.S. market for complete roofing systems solutions.

“We are excited to make our first step into the U.S. single-ply roofing market,” stated Donal Curtin, Managing Director of Kingspan’s Roofing & Waterproofing Division. “IB’s team has built a trusted reputation for delivering premium roof systems and gives us an excellent development platform.”

MFM Building Products Announces UL Class A Fire Rating

MFM Building Products, a manufacturer of a full envelope of waterproofing and weather barrier products for the building industry, recently achieved a UL Class A fire rating for the company’s Ultra HT Wind & Water Seal underlayment.

Ultra HT is a 45-mil, self-adhered roofing underlayment for use in steep-slope roofing and reroofing applications. The product features a durable crosslaminated polyethylene top film with a traction coating for walkability. The specially formulated mastic is high-temperature rated to 250°F for use under metal and tile applications.

In August, Ultra HT received a UL Listing as a Class A fire resistant barrier when used in conjunction with 24 GA minimum steel or 16 oz. copper UL listed roofing panels per UL 790. For complete details on roof assemblies, refer to the Ultra HT installation instructions or the UL Listing TGFU R11672. Typical applications for these types of roof systems include commercial buildings, architectural structures, structural buildings and select residential projects.

SPRI to Canvass TDP-1 Test Standard

SPRI, the association representing sheet membrane and component suppliers to the commercial roofing industry, announced that it is partnering with FM Approvals to create a new standard, “ Test Standard for Comparative Adhesion Strengths of Waterproofing Membranes, Membrane Adhesives, and Board Stock Materials or Other Suitable Substrates Used with Low Slope Roofing Systems.” The proposed standard will be canvassed for approval as an American National Standard.

Continued on page 22

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FRSA GENERAL COUNSEL Trent Cotney, Partner, Adams and Reese LLP

Federal Judge Blocks Noncompete Ban As you likely remember, the Federal Trade Commission (FTC) voted in April to ban almost all noncompete agreements. That ban was to take effect on September 4, 2024.

However, soon after the FTC issued that rule, Ryan LLC, a fax firm based in Dallas, sued to block the decision. The Business Roundtable, the U.S. Chamber of Commerce and other business groups joined that suit.

In July, Judge Ada Brown, serving the U.S. District Court for the Northern District of Texas, reviewed

the complaint and partially blocked the ban. The issue progressed and on August 20, 2024, Judge Brown made a final ruling, officially blocking the nationwide prohibition of noncompete agreements.

This move prevented the ban from going into effect in September.

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It is estimated that 20 percent of U.S. workers – as many as 30 million individuals – have signed noncompete clauses as part of their employment agreement. Noncompete stipulations can prevent employees from leaving their current employers and accepting jobs with competitors. They can also prevent workers from starting their own businesses.

These restrictions impact a wide range of employees, from hourly workers to mid-management to executives.

The FTC Ruling and Subsequent Lawsuit

In a 3-2 vote, the FTC put forth the ban on noncompete agreements. Had it gone into effect, it would have prohibited all future employment-based agreements.

In addition, it would have cancelled most of the noncompetes currently in place.

In its complaint, Ryan LLC argued that banning noncompetes would result in “serious and irreparable injuries” to its business, jeopardize confidential information and allow its competitors to poach valued and experienced employees. The company asserted that the FTC had overstepped its authority.

Judge Brown agreed that the FTC lacked the authority to impose such a ban and called the decision “arbitrary and capricious.”

Reaction to the Blocked Ban

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The FTC does not agree with the judge’s decision and has vowed not to back down. Spokesperson Victoria Graham said, “We are disappointed by Judge Brown’s decision and will keep fighting to stop noncompetes that restrict the economic liberty of hardworking Americans, hamper economic growth, limit innovation and depress wages.” Graham went on to say that the agency is considering a potential

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appeal and will continue to address noncompetes on a case-by-case basis.

Meanwhile, leadership from Ryan LLC supported the judge’s block. John Smith, Senior Vice President, Chief Legal Officer and General Counsel, stated, “This win preserves the validity of millions of employment contracts across the nation that facilitate trust between employers and employees, innovation through the protection of intellectual property and investment in the training of employees.”

Suzanne P. Clark, Chamber of Commerce President and CEO, said, “A sweeping prohibition of noncompete agreements by the FTC was an unlawful extension of power that would have put American workers, businesses and our economy at a competitive disadvantage.” She noted that the judge’s block was “a significant win in the Chamber’s fight against government micromanagement of business decisions.”

Final Thoughts

This decision to block the noncompete ban will allow many companies to breathe a sigh of relief. However, it is important to remember that even with a national ban blocked, some states still prohibit noncompete clauses. In Florida, noncompetes are valid but must be crafted carefully to ensure enforceability. In particular, employers should focus on the geographic scope, the duration and the limitation on type of work when

asking an employee to sign a noncompete and seek legal counsel to assist in the process.

FRM The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Trent Cotney is a Partner and Construction Team Leader at the law firm of Adams & Reese, LLP and FRSA General Counsel. For more information, you can contact him at trent.cotney@arlaw.com or by phone at 813-227-5501.

Free Legal Helpline for FRSA Members

Adams and Reese LLP is a full-service law firm dedicated to serving the roofing industry. FRSA members can contact Trent Cotney to discuss and identify legal issues and to ask general questions through access to specialized counsel. They offer free advice (up to 15 minutes) for members. If additional legal work is required, members will receive discounted rates. This is a pro bono benefit provided to FRSA members only.

Contact Trent at 813-227-5501.

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FRSA LEGISLATIVE COUNSEL Chris Dawson, Attorney, GrayRobinson

2024 Legislative Session Report The 2024 Legislation Session saw the introduction of almost 3,000 proposed bills, the highest number in any previous session. For FRSA, it meant reviewing and tracking a few bills that were outside our normal scope.

Authorization for Roofing Inspections

The Legislature finally agreed on Rep. Cyndi Stevenson’s (R-St. Augustine) insurance package (HB 1611) in the final days of Session. After the bill passed in the House, the Senate took up the bill and amended it twice and sent it back to the House for final passage.

After a series of behind-the-scenes negotiations, the House accepted the Senate’s amendments and passed the proposal, sending it to the Governor’s desk. In the version that passed, the bill provides that a licensed roofing contractor is considered an “authorized inspector” for purposes of section 672.7011(5), Florida Statutes, to provide roof inspections to determine if an insurer may require the replacement of a roof that is at least 15 years old as a condition of continuing to provide homeowner’s property insurance for a risk.

Workplace Heat Exposure Preemption

On the last day of Session, the House and Senate bounced the bill back and forth between the rotunda before reaching an agreement. The proposal (HB 433

by Republican Rep. Tiffany Esposito of Ft. Myers) preempts cities and counties from enforcing their own heat regulations. Specifically, it prohibits a political subdivision (e.g., a city, county, etc.) from requiring an employer or contractor to meet or provide heat exposure requirements that are not required under state or federal law, giving preference in solicitations based upon employer heat exposure requirements and considering or seeking information relating to an employer’s heat exposure requirements. The bill does not limit the authority of a political subdivision to provide heat exposure requirements not otherwise required under state or federal law for direct employees of the political subdivision. These heat exposure provisions do not apply if compliance will prevent the political subdivision from receiving federal funds. The bill also preempts local government regulation of contractor wage and benefits, usurping “living wage” ordinances adopted across the state.

Construction Contracting Limitations Defeated

FRSA successfully fended off legislation that would have been crippling to the industry in terms 10

FLORIDA ROOFING | October 2024

of compliance and cash flow for business operations. The bill, HB 1563 Construction Contracting

by Representative (and Majority Leader) Michael Grant (R-Pt. Charlotte), would have required contractors to adhere to strict regulations regarding payments for construction or repair services on residential properties. Most notably, the bill would require contractors receiving $10,000 or more for their services to hold such payment in escrow or, in the alternative, secure a performance bond. It would also have required a performance bond on all residential projects exceeding $100,000 regardless of the utilization of escrow.

The legislation would require strict performance guidelines in order for funds to be released to the contractor, crippling cash flow. Working with a team of industry allies, FRSA led the charge in preventing this legislation from passing.

Greater Work Experience Opportunities for Teens

The Legislature advanced a teen work bill (HB 49 by Republican Rep. Linda Chaney of St. Petersburg) that was scaled back from its earliest version over the course of session. The bill as passed by the Senate and sent to the House, keeps a current law restriction which says that 16- and 17-year-olds may not work before 6:30 a.m. or after 11 p.m. on a school night and leaves in place the current restriction on kids working more than 30 hours a week. However, with the weekly limit, the bill adds an opt-out provision that allows students to work more hours in a week if they have permission from their parents or a school official. The legislation also would exempt homeschooled and virtual school students from restrictions on working hours.

Hurricane Protections for HOAs

In the final week of Session, lawmakers unanimously passed a proposal (HB 293 by Republican Rep. Tyler Sirois of Merritt Island) that would require homeowners’ associations (HOAs) to adopt plans for the deployment of specified hurricane protections. All specifications adopted by the homeowner's association must comply with the applicable building

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code. The bill allows the homeowners’ association or committee to require parcel owners to adhere to an existing unified building scheme regarding the external appearance of the structure or other improvement on the parcel. Moreover, regardless of any other provision in association governing documents, the bill prohibits HOAs from denying applications for hurricane protection-related installments, enhancements or replacements that adhere to certain external appearance guidelines. Lastly, the bill defines the term “hurricane protection” to include, but not be limited to, roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards, which are standards adopted by the American Society of Civil Engineers; permanent fixed storm shutters; roll-down track storm shutters; impact-resistant windows and doors; polycarbonate panels; reinforced garage doors; erosion controls; exterior fixed generators; fuel storage tanks and other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the association.

Workers’ Comp Insurance for Employee Leasing Companies

A bill introduced by Republican Senator Keith Perry of Gainesville (SB 1658) died in the Senate Banking and Insurance Committee again this year due to pressure from some Senators. If passed, the bill would have amended the provisions governing workers’ compensation insurance for employee leasing companies by clarifying and adjusting obligations and definitions to ensure coverage compliance. Specifically, the bill would authorize insurer audits on employee leasing and client companies and mandates providing workers’ compensation coverage to all employees of the client company under certain conditions. Moreover, the bill would have specified that a client company’s failure to report a leased employee’s hiring cannot

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be used to deny workers’ compensation benefits or prevent additional premium charges.

However, there was some movement on the employee leasing company issue this year. Another piece of legislation, HB 1335 by Republican Rep. Randy Maggard of Zephyrhills, allows the Department of Business and Professional Regulation (DBPR) to have greater oversight of employee leasing companies.

Further, the bill allows DBPR to act in the capacity of the Board of Employee Leasing Companies if the board is unable to act upon its own authority.

Consumer Protection / Roofing Contracts During a State of Emergency

A consumer protection proposal (HB 939 by Republican Rep. Griff Griffitts of Panama City) championed by Florida Chief Financial Officer Jimmy Patronis passed the Legislature after ping-ponging between the chambers late in Session. While the back-andforth was for other reasons, the bill creates a right for a residential property owner to cancel a contract to replace or repair a roof without penalty or obligation within 10 days following the execution of the contract or the official start date, whichever comes first, if the contract was entered into based on events that are the subject of a declaration of a state of emergency by the Governor. Under the right, the residential property owner must send the notice of cancellation to the contractor by certified mail, return receipt requested or by another form of mailing that provides proof thereof, to the address specified in the contract.

The cancellation standard was heavily negotiated

by FRSA. In final form, it reads: “A residential property owner may cancel a contract to replace or repair a roof without penalty or obligation within 10 days after the execution of the contract or by the official

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start date, whichever comes first, if the contract was entered into based on events that are subject of a declaration of a state of emergency by the Governor. For the purposes of this subsection, the official start date is the date on which work that includes the installation of materials that will be included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or roof has been made in compliance with the Florida Building Code.”

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The bill requires a notice to be included in the contract signed by the homeowner for repair or replacement work during a state of emergency. The required language is as follows: “You, the residential property owner, may cancel this contract without penalty or obligation within 10 days after the execution of the contract or by the official start date, whichever comes first, because this contract was entered into during a state of emergency by the Governor. The official start date is the date on which work that includes the installation of materials that will be included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.”

Tarping does not qualify as the official start date.

For more information on what is required, please view Mike Silvers’ article in the September issue of FRM or available on FRSA’s website, www.floridaroof.com.

The Legislature nearly unanimously approved a bill that would allow 16- and 17-year-olds to work on some construction sites. Under the bill, HB 917 by Rep. John Snyder (R-Palm City), a 16- or 17-year-old can work on a residential construction site with scaffolding or roofing that is less than six feet high if he or she have been certified by the Occupational Safety and Health Administration and is under direct supervision of someone at least 21 years old with at least two years of experience. Opposition to the bill was vocal from a small group of legislators, centered on concerns about the safety of young workers.

Thermal Efficiency Standards for Unvented Attics and Review by the Florida Building Commission

A bill (HB 1185 by Panama City Republican Griff Griffitts) that worked its way through the legislative process ultimately died in committee but was amended onto HB 267 Building Regulations by Ft. Myers Republican Tiffany Esposito before its final passage near the end of Session. Among other changes, the bill creates a new section of law to provide thermal efficiency standards for unvented attics and unvented enclosed rafter assemblies. The Florida Building Com-mission must review these provisions and consider any technical changes to it and report such findings to the Legislature by December 31, 2024.

Building Warranties

A proposal (HB 623 by Republican Kevin Steele) dealing with warranty agreements for new homes passed the Legislature and was sent to the Governor’s desk on April 2. The bill defines newly constructed homes

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and requires a one-year warranty against construction defects from either the date of title conveyance or initial occupancy. It obligates the warranty to cover defects resulting in material violations of the Florida Building Code, excluding certain circumstances like normal wear and tear or damage from natural disasters and allows builders to purchase warranty coverage from home warranty associations instead of directly providing the statutory warranty. Moreover, the bill requires the warranty to cover the newly constructed home for a minimum one-year period, even if the home is sold or transferred. An express written warranty provided by the builder to the initial homeowner may satisfy the statutory warranty requirement under certain conditions.

Construction Industry Licensing Board to issue licenses to eligible applicants in the circumstances specified in the bill. To be eligible, an applicant must provide: (1) evidence of the prior local registration during 2021, 2022 or 2023; (2) evidence that the local jurisdiction does not have a license type available for the category of work for which the applicant was issued a certificate of registration or local license during 2021, 2022 or 2023, which may include a notification on the website of the local jurisdiction or an email or letter from the local building department; (3) the required application fee; and (4) compliance with the insurance and financial responsibility requirements for contractors under current law.

HOA Transparency Legislation

■ Removed prevailing party attorney fee language for determinations under the Florida Building Code (HB 481; SB 612)

In direct response to the $2 million fraud scheme perpetrated by one of Florida’s biggest HOAs in the greater Miami area, the Legislature unanimously passed HB 1203 by Ft. Myers Republican Tiffany Esposito. The bill enacts a series of significant reforms intended to crack down on HOA abuse. Specifically, the bill provides criminal penalties if an HOA officer, director or manager accepts a kickback and it makes certain voting activities relating to HOA elections a first-degree misdemeanor. The bill prohibits an HOA or its architectural, construction improvement or other similar committee (ARC) from limiting or placing requirements on the interior of a structure that cannot be viewed from the frontage of the property, adjacent property, the adjacent common area or community golf course. The bill further prohibits an HOA or ARC from requiring the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating or ventilating system by the HOA or any ARC or other such similar committee of an HOA, if such system is not visible from the property’s frontage, adjacent property, adjacent common area or a community golf course and is substantially similar to a system that is approved or recommended by the HOA or a committee. Notably, FRSA negotiated to keep language in the bill neutral as it relates to roofing systems.

Legislature Revamps Occupational Licensing Regulations

The Florida Legislature unanimously approved a proposal (SB 1142 by Clearwater Republican Ed Hooper) that amends Florida law relating to the registration of specialty contractors to authorize registered contractors in good standing who have been registered with a local jurisdiction during calendar years 2021, 2022 or 2023 to qualify for a state specialty registration when the local jurisdiction has determined not to continue issuing local licenses or exercising disciplinary oversight over such licensees. The bill requires the 14

FLORIDA ROOFING | October 2024

Other Quick Legislative Action

■ Continued efforts to ensure fair competition for public works projects and to prevent discrimination in public bid processes of Florida-licensed contractors based upon geography or other factors (HB 705; SB 742) ■ Continued Florida’s Tool Time Sales Tax Holiday for skilled workers and students, saving taxpayers approximately $20 million annually (HB 1001; SB 1030).

2024 Proposed Constitutional Amendments (all require 60 percent for passage)

Amendment 1: Partisan Election of School Board Members Sponsor – The Florida Legislature/House (H.J.R. 31). Department of State Summary: Proposing amendments to the State Constitution to require members of a district school board to be elected in a partisan election rather than a nonpartisan election and to specify that the amendment only applies to elections held on or after the November 2026 general election. However, partisan primary elections may occur before the 2026 general election for purposes of nominating political party candidates to that office for placement on the 2026 general election ballot.

Amendment 2: Right to Fish and Hunt Sponsor – The Florida Legislature/House (H.J.R. 1157). Department of State Summary: Proposing an amendment to the State Constitution to preserve forever fishing and hunting, including by the use of traditional methods, as a public right and preferred means of responsibly managing and controlling fish and wildlife. Specifies that the amendment does not limit the authority granted to the Fish and Wildlife Conservation Commission under Section of Article IV of the State Constitution.

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Amendment 3: Adult Use of Personal Marijuana Sponsor – Citizen Initiative; Smart & Safe Florida Department of State Summary: Allows adults 21 years or older to possess, purchase or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion or otherwise. Allows medical marijuana treatment centers and other state licensed entities, to acquire, cultivate, process, manufacture, sell and distribute such products and accessories. Applies to Florida law and does not change or immunize violations of federal law.

Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.

Amendment 4: Amendment to Limit Government Interference with Abortion Sponsor – Citizen Initiative; Floridians Protecting Freedom, Inc. Department of State Summary: No law shall prohibit, penalize, delay or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

Amendment 5: Annual Adjustments to the Value of Certain Homestead Exemptions Sponsor – The Florida Legislature/House (H.J.R. 7017). Department

16

FLORIDA ROOFING | October 2024

of State Summary: Proposing an amendment to the State Constitution to require an annual adjustment for inflation to the value of current or future homestead exemptions that apply solely to levies other than school district levies and for which every person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner or another person legally or naturally dependent upon the owner is eligible. This amendment takes effect January 1, 2025.

Amendment 6: Repeal of Public Campaign Financing Requirement Sponsor – The Florida Legislature/ Senate (S.J.R. 1114). Department of State Summary: Proposing the repeal of the provision in the State Constitution which requires public financing for campaigns of candidates for elective statewide office who agree to campaign spending limits.

FRM Chris Dawson is an Attorney and professional Lobbyist for GrayRobinson’s Orlando office and is licensed to practice law in both Florida and Alabama. He primarily focuses on lobbying and government relations for public and private sector clients at the executive and legislative levels of state government. Chris also holds two degrees in Civil Engineering and has experience in construction litigation and design professional malpractice defense.

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COTNEY CONSULTING GROUP John Kenney, CPRC, CEO, Cotney Consulting Group

Adapting Roofing Operations to Economic Fluctuations In the roofing industry, adaptability is not just a competitive advantage but a necessity. Economic conditions fluctuate, impacting material prices, labor availability and client budgets. To stay competitive and maintain profitability, roofing contractors must adopt flexible strategies to adjust quickly to these changes.

This article explores how roofing businesses can better navigate economic shifts and improve operational efficiency, ensuring long-term sustainability.

Understanding the Economic Impact on Roofing Operations

Macroeconomic vs. Microeconomic Factors Roofing contractors face two fundamental economic forces: macroeconomic (overall economy) and microeconomic (business-specific) conditions. Macroeconomic shifts, such as recessions or inflation, affect material costs, customer budgets and the demand for roofing services. While contractors have little control over these broad trends, microeconomic factors such as workforce management and operational efficiency can be directly influenced.

For example, suppose the price of roofing materials like single-ply membranes or insulation skyrockets due to global supply chain issues. In that case, you might pass those costs to clients or renegotiate vendor contracts to secure more stable pricing. By recognizing these two levels of economic impact, contractors can better anticipate challenges and prepare actionable solutions.

Navigating Economic Fluctuations

Developing flexibility in your operations is critical to thriving in fluctuating economic climates. One important strategy is dynamic resource allocation, where resources (both financial and human) are shifted according to the moment’s demands. For example, during an economic boom, you may need additional labor or subcontractors to handle excess demand.

During downturns, focusing on maintaining a lean core team can prevent overhead costs from spiraling out of control.

Another important tactic is client diversification.

Contractors who rely heavily on a few key clients can suffer during economic downturns when these clients reduce their budgets. By broadening your client base to include residential and commercial projects or entering niche markets like solar, you can create a more stable flow of projects.

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FLORIDA ROOFING | October 2024

Enhancing Operational Efficiency

Streamlining Workflows Operational efficiency is the foundation for increased profitability, especially during uncertain times. One of the first steps toward efficiency is optimizing workflows in the office and on the jobsite.

Start by reviewing repetitive tasks that take up unnecessary time, such as manual invoicing or scheduling. Implementing automated solutions like project management software or invoicing tools can cut down on administrative overhead and free up time for more critical tasks.

For onsite efficiency, lean management techniques can minimize waste and maximize labor productivity.

For instance, better jobsite planning can reduce material waste, while scheduling tasks to avoid downtime keeps your workforce productive throughout the day.

Using Technology for Efficiency

In today’s tech-driven world, embracing the right technology can be a game changer. Cloud-based project management software lets you track project progress in real time, improving communication between your team, clients and suppliers. Digital take-off and estimating tools can also help you accurately estimate material needs and prevent costly errors during installation.

By integrating technology into every phase of your roofing business, from project planning to execution, you can reduce delays, improve accuracy and enhance client satisfaction. Using drones for roof inspections, for example, is one way contractors can cut down labor hours while providing faster, more accurate assessments.

Leadership & Team Management During Market Shifts

Adapting Leadership Styles Leadership is crucial to the success of any roofing operation, particularly during economic fluctuations.

As a business owner, your leadership style must evolve to meet the market’s changing demands. During

tough economic times, being transparent with your team about business challenges helps foster a culture of trust and adaptability. This transparency lets your team understand the importance of operational efficiency and motivates them to contribute ideas for improvement.

On the other hand, leadership during prosperous times requires a focus on scalability and opportunity.

This means hiring strategically, investing in training and ensuring your core team can handle increased workloads without compromising quality.

Building a Resilient Team

The success of any roofing project depends on the performance of your team. Building a resilient team that works under pressure is essential during market shifts. Offer training programs that upskill your workers, particularly in new technologies or sustainable building practices. Encourage collaboration and foster a team environment where workers feel empowered to contribute ideas for improving efficiency or cutting costs.

Practical Steps to Adapt

Implementing Change Effectively Adapting your business to economic conditions requires more than theoretical knowledge – it demands action. Contractors who successfully weather

economic storms often do so by implementing strategic changes efficiently. Whether adopting new technology or diversifying your client base, real world application of these strategies is key.

Consider the example of a roofing contractor who introduced solar panel installation services in response to the growing demand for sustainable roofing solutions. This move diversified their service offerings and helped future-proof their business against economic shifts.

Adapting to economic fluctuations is not an option: it’s a necessity in today’s roofing industry. Operational efficiency, leadership adaptability and strategic client diversification are critical tools in a contractor’s toolkit.

Stay tuned for part two of this series next month, where we’ll explore how to future-proof your business and embrace innovation for long-term success.

FRM John Kenney, CPRC has over 50 years of experience in the roofing industry. He started his career by working as a roofing apprentice at a family business in the Northeast and worked his way up to operating multiple Top 100 Roofing Contractors. As CEO, John is intimately familiar with all aspects of roofing production, estimating and operations. If you would like further information on this or another subject, you can contact John at jkenney@cotneyconsulting.com.

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Not All Metal Roofing is Manufactured Equally Bo Copeland, Business Development Manager, Integrity Metals, a Beacon Building Supply Co. It likely comes as no surprise that up to 20 percent of the Florida residential re-roof market is estimated to be metal roofing. With its weather resistance, aesthetics, longevity, efficiency and availability, metal roofing has quickly consumed a portion of the residential market. With this growth, more contractors are offering metal. However, do you ever wonder why or how some contractors are able to price a project several hundred dollars per square less? What might be a surprise is the lack of regulation or oversight of metal roof manufacturing in Florida, creating numerous unequal metal products, despite being offered and sold as the same quality. This lack of regulation is one of the biggest factors in how bids can be much less than the guys doing things by the book.

Metal roofing is one of the only residential roofing products that can be manufactured, sold and installed by one company. This fact is due to metal's simple manufacturing process that requires a relatively small investment to become a manufacturer. For metal manufacturing, facilities and machine costs are only a fraction of the cost compared to every other type of product manufacturing, allowing more and more companies to enter the metal roofing manufacturing space, either as manufacturers or as roofing contractors who manufacture their own products. Though this low minimal barrier to entry can make it very enticing to jump into the metal roofing "game," it has opened the door for many companies to begin to manufacture metal roofing without following state code requirements. While many companies operate a legitimate metal roofing manufacturing business, the lack of regulation enforcement has led to a lot of unscrupulous conduct as well as unskilled operations creating an uneven playing field and inconsistent product in the market today. Ultimately, it is the consumer who suffers.

Let’s dive deeper into some of the basic requirements for rollforming businesses and how shady manufacturers can get around these processes.

Product approvals: Since the inception of the Florida Building Code (FBC) in 2002, manufacturers of most building products in Florida have been required to test their products in accordance with the FBC requirements. Testing requirements vary based on product and application type. As a manufacturer of any building product requiring a Florida Product Approval (FPA) or Miami-Dade Notice of Acceptance (NOA), legitimate manufacturers can spend thousands of dollars per test and approval for each product, in 20

FLORIDA ROOFING | October 2024

order to manufacture, sell and install their products in Florida legally. While these costs increase the barrier to entry, there are a fair amount of rollforming businesses who do not incur these costs. They work around this process by using other manufacturers’ product approvals.

How can they do that?

They do it during the permit and inspection process because there is no verification of the material that is being used occurring at the jobsite. Meaning both contractors and inspectors are not verifying the actual material matches what was permitted. Unlike shingles, metal roofing arrives on a jobsite typically unmarked, minus a packing slip, which allows any product – even those without a product approval – to be manufactured, delivered and used on the job.

Because of the lack of product labeling, a contractor might not know if the product used matches the product tested and approved on the product approval used for the permit. These rollforming entities use other companies’ product approvals for their own products, without verification by the building department. There are some legal exceptions, such as being a member of a rollforming association where you purchase materials from a vendor who then extends its permission to use its testing. This assumes the machine meets their compliance standards and is inspected. However, many of the rollformers producing material illegally are not a part of an association and don’t have their own tested product approvals.

Material Specifications: For metal roofing products, a material minimum thickness is listed in the Florida Product Approval. These thicknesses vary based on the manufacturer's testing so, short of validating the product being used onsite against the product approval specifications, there is no way to know if the product meets the requirements of the permit. Unfortunately, it appears that most municipalities are not performing this verification. This issue occurs at the inspection level both with materials not matching the product approval and with the material thickness not matching FBC R903.2.1 minimum requirements (where it states

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important to help insure the quality of metal roofing materials being installed on Florida residents' homes.

Contractors also need to held accountable. Many contractors are simply unaware of the need to check whether the products they are using on a job don't match the ones specified in the product approval used for the permit; others know full well what they are doing. The penalty for the second group, at a minimum, should be tearing off the sub-par metal roof and replacing it with what was permitted for the house.

Perhaps, replacing a few roofs at no cost will begin to shift the behavior of bad actors, not only helping create a more level playing field in the metal roofing market but also better protection for Florida residents by more consistently providing code-compliant products in the field.

In closing, the residential metal roofing market in many of the larger metropolitan areas has grown significantly and will likely continue to do so into the future. The purpose of this article is to educate roofing contractors about the daily unscrupulous behavior in our metal roofing market that is driving the cost Making Changes Now that we’ve touched on some of the drivers allow- of metal roofing down to where it’s hard to conduct legitimate business. My hope is that you will take this ing metal roofing to be sold so much less than others, information to your local building officials to educate how can we begin to reverse this issue to level the them on what you are experiencing in your own area. playing field? It begins with building departments. A simple improvement would be to require some form of Hopefully, they will step up and do their part to slow documentation, ideally a packing slip, to be provided in down the gray market in metal roofing.

FRM the permit pack or on the jobsite. During an inspection, a building official can validate if the packing slip on Bo Copeland has been in the metal roofing industry the job matches the product indicated on the product for over 10 years and has spent most of his career on approval. Inspectors have this ability now with shinthe metal roofing manufacturing side, starting with gles where they can see the wrapper onsite and can Gulf Coast Supply as an Outside Sales Representative compare it to the approval. Having a packing slip or and later Inside Sales Manager. For the last few years, invoice copy onsite for metal jobs will assist in this pro- Bo has been the Business Development Manager for cess. Though this process can also be side-stepped, Integrity Metals where his role is much broader, growit would force action and assist in cleaning up some ing the company with sales, training, technical product of this unfair behavior. A second step at the building development and new product development. Bo department level would be to provide micrometers to serves on FRSA’s Board of Directors, is a member of each inspector to validate material thickness during the Codes and Governmental Affairs Committees, the inspections. For already swamped building officials, Affiliate and Young Professionals Councils and Chair these steps may appear ambitious, however, they are of the FRSA Educational Foundation. He’s also an Earl steel flashing must be a minimum of 0.0176” or 26 gauge and aluminum flashing must be .024” thick).

Machine Requirements: All rollformers producing products in Florida under a FPA or NOA are required to have a record of quality assurance compliance and reviews, usually on an annual basis. Just as a scale at the supermarket is tested and calibrated frequently for accurate billing, these machines must be tested and calibrated to verify they are producing accurate panels that match the approvals. These quality assurance processes and programs also carry a sizable cost to the manufacturer or owner of the rollforming association, creating another layer of expense for the legitimate players in the market. If a company is manufacturing panels under someone else’s product approval, then the QA compliance is not being adhered to because the owner of the product approval is not initiating verifications on that machine. This results in less overhead for the unscrupulous manufacturer and creates an unequal product entering the market.

Blank Memorial Heart Award recipient.

Industry Updates, continued from page 6

The proposed standard is based on FM Approval's existing small-scale test procedure for membrane adhesive and board stock or other suitable substrate evaluation. This test procedure is used to determine the maximum failure load of waterproofing membranes and board stock materials or other suitable substrates when secured with a membrane adhesive and exposed to a linear load perpendicular to the plane in which the waterproofing membrane is installed on the board stock material or other suitable substrate.

Those wishing to participate in the canvassing process should contact SPRI at info@spri.org. SPRI 22

FLORIDA ROOFING | October 2024

is the leading authority on single-ply roofing, dealing exclusively with thermoset, thermoplastic and modified bitumen roofing systems and materials. Through an open forum for discussion, education and innovation, its commercial roofing industry experts provide ongoing resources and expertise to contractors, architects and building owners. For additional information, please visit www.spri.org, email info@spri.org or call 781-647-7026.

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Metal Deck 101 – Metal Deck Replacement Michael Polizzi, Sales Manager, A.C.T. Metal Deck Supply Replacing metal deck for a commercial roofing contractor can easily range from often to never.

Regardless of frequency, most would agree that an open roof is not the best time for a crash course on a metal deck! Hopefully, this article will provide you some tools you'll need before you need them.

Originally from new construction, we got into the commercial reroofing market in the ‘90s and learned very quickly that this is a “now” business. My new favorite line I learned from a customer is, “I need it today, I’m planning ahead.” Before that it was, “What do you mean when? Aren’t my guys there yet?!”

Metal deck is provided with the steel package (division 5) in new construction, so it is only in reroofing when contractors may have to replace existing decking before installing a new roof. The “now” response is usually due to one of two things: (1) The deck, thought to be fine, turned out to be rusted through all but the paint or (2) A sudden visit by

Mother Nature removed select parts of the building.

Either way, the new roof is at a standstill until the deck is replaced.

What is Metal Deck Exactly?

Metal deck is a structural product. Structural is emphasized because it is not an architectural or finished, exterior panel. It is corrugated sheet metal engineered as part of the structural design of the building. A roof deck will have a roof system above it and can also be a form deck used for pouring concrete directly over it. There are many different steel panels, so a helpful way to know what metal deck is, is by knowing what it is not. In general, metal deck is not: ■ An architectural/metal building panel ■ Intended to be exposed on the outside of a building ■ Produced with a finished paint and warranty.

■ Produced in galvalume.

Four key factors for quoting or ordering metal deck efficiently are knowing the type, gauge, finish and quantity required.

Type

The most common types of roof deck are: ■ 1-1/2” B (wide rib) ■ 1-1/2” F (intermediate rib) Tornado Damage

B Deck 24

FLORIDA ROOFING | October 2024

■ 1-1/2” A (narrow rib) ■ 3” N (deep rib).

F Deck

A Deck

The primary types specified in new construction are 1½” B deck and for longer spans, 3” N deck. The F and A profiles were common in the past and are now mostly used for replacement when matching existing panels. Roofing contractors are almost always matching and nesting into existing panels during replacement unless the project is a complete deck replacement. For this reason, it is critical to know the exact dimensions of the existing panels. These dimensions include:

N Deck

Concrete Roof Systems

Lightweight concrete roof systems are installed on what are also known as form decks because they are the same products used to form floors. These decks are typically lower profile and lighter gauge panels installed over steel with closer spans. Form decks for lightweight concrete roofs include: ■ 9/16”

■ The depth of the deck ■ The rib-to-rib dimension ■ The opening at both the top and bottom of the flute.

There are many obsolete profiles that have no exact match. A standard metal deck tip is knowing that F deck will nest into B deck and A deck will nest into both F and B deck. This will still not cover all situations because some of these extinct products have flute openings even tighter than the current A deck dimensions. A best practice is to take a photo of the existing deck with a tape measure on it and compare it to the dimensions of products currently in production.

Confirming these dimensions prior to having material delivered to your roof will prevent delays and wasted labor hours.

■ 1”

■ 1-5/16”

■ 1-1/2”

Nested decks.

Knowing the rib-to-rib dimension should be especially heeded when trying to match 1” form deck.

There are many profiles both current and obsolete with dimensions that vary slightly between ribs. www.floridaroof.com | FLORIDA ROOFING

25

Anyone who has ever dealt with matching these knows how quickly these panels fall out of sync when even slightly off.

Gauge

Roof deck ranges between 22 to 16 gauge with 22 being the most common. Lightweight concrete form deck ranges between 28 to 20 gauge. The lower the number, the thicker the steel. When the type or gauge of the deck is not clear, it is very helpful to know the joist or steel spacing. In this case, product load tables can be provided to an engineer for specification.

Finish

Metal deck is a structural product and most commonly comes galvanized or prime painted. Finishes include: ■ Prime painted gray ■ Prime painted gray on top with a primer white bottom ■ Galvanized in a G60 or G90 ■ .60 oz./per sq. ft. vs. .90 oz./sq. ft. of zinc ■ Galvanized plus a factory applied primer ■ Stainless Steel – for food-grade or extremely corrosive environments.

For prime painted deck, the Steel Deck Institute (SDI) Design Manual states, “Prime paints by nature are impermanent and provisional. Prime paint alone will only protect the steel for a short period of time under ordinary exterior atmospheric conditions.”

Remember, this is not a finished paint.

For galvanized deck, the language has grown more extensive in recent years but earlier SDI manuals stated, “In corrosive or high moisture environments, a galvanized finish is desirable.” A chalky film or “white rust” forms when galvanized deck is exposed too long to moisture. It is a chemical reaction from the zinc’s “self-sacrificial characteristics” protecting the steel.

The steel is structurally sound but in cases without a drop ceiling, it may not be a preferred aesthetic by an owner.

Of course, you want the best possible product for your customers, so it is worth learning the proper handling of these finishes in order to protect your work.

Properly handled, metal deck will look great and last a very long time but if left exposed to the elements too long, it can rust or develop rust staining. The SDI Design Manual regarding site storage instructs, “steel deck shall be stored off of the ground with one end elevated to provide drainage and shall be protected from the elements with a waterproof covering, ventilated to avoid condensation.” Ventilating the bundle is especially important so that moisture does not get trapped.

26

FLORIDA ROOFING | October 2024

Quantity

Asking for the correct quantity may sound like common sense but how that quantity is communicated can mean all the difference for an accurate and timely quote. A common miscommunication can happen when a square foot price is put into a bid but when buying stock length sheets, the actual square footage purchased exceeds what you sold. Here are some helpful examples for your RFP: ■ Total square footage needed (supplier to qualify “final price based on final list”) ■ Dimensions of areas to be covered ■ Exact cut list desired ■ Square foot budget pricing.

Fastening: With What and Where Exactly?

Metal deck can be fastened with welds, screws or shot down with pins. Most commonly used for metal deck replacement is the self-tapping screw, considering welding sparks and pins shot from a tool cause unnecessary risks over an existing structure.

The fastening pattern is what tells the installer exactly where to fasten the deck both to the supporting steel and at the sidelaps between the span. Breaking down the common code “36/4 w/1” means: ■ 36 = The width in inches of one panel (panel widths vary) ■ /4 = Four fastening points “per” 36” panel on the steel support ■ w/1 = “With” one sidelap screw per span (number will vary).

There are many fastening patterns that are important to follow because they are part of the structural design of the building.

There are other metal deck products, accessories and finishes but most issues will be solved by remembering above all that: ■ F fits into B and A fits into both F and B ■ Type, gauge, finish and quantity ■ Know your dimensions.

When the answer is so often, “I need it now!” hopefully this has you well prepared with the tools you’ll need…Before you need them.

FRM Michael Polizzi is the Sales Manager for A.C.T. Metal Deck Supply. This FRSA Associate Member is a metal deck distributor with 15 locations in 11 states including locations in Jacksonville and Orlando.

For more information, call 800-894-7741 or visit www.metaldecksupply.com to view the Metal Deck 101 video series.

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Extension Cord Safety Kevin Lindley, FRSA Self Insurer’s Fund Safety Consultant Electrical extension cords are a tool often used in the construction industry, even when the condition of the cord is not completely acceptable. Extension cords are a vital device used to transfer power from one source to another: a remarkably simple tool for a very simple purpose. To safely use an extension cord, be sure to know the differences in their capacities.

Contractors must purchase the correct extension cord for the job. The Occupational Safety and Health Administration (OSHA) has mandated that construction contractors must provide and use a minimum 12-gauge exterior rated extension cord on all jobsites – residential and commercial. A 12-gauge extension cord is rated for heavy-duty use, can handle up to a 20-amp capacity and is suitable for cords up to 150 feet in length. Contractors are not permitted to daisy chain or connect multiple extension cords to one another. The power source should be located no more than 100 feet from the operation. Cheaper extension cords, although still 12-gauge, have a fairly thin outer jacket which may allow the interior wires to flex and twist, creating broken wire filaments. Avoid purchasing cheaply made extension cords just because they cost less.

Contractors must inspect extension cords prior to each use. Damaged cords must be completely removed from the jobsite, disabled so they are no longer able to be used or plugged into a power source or tagged out-of-service in the field. OSHA requires that a damaged cord be removed from use. Roll the cord up and place a tag on the cord indicating that it is damaged and out of service, then return it to the office for further action (i.e., repair, replacement or disposal). Damage can include but is not limited to missing ground pin or plug, broken connector(s), jacket separation from the connector(s), cut in the jacket, exposed wires in the cord and jacket or cords used beyond their capacity, causing the cord to become overheated.

In construction, all electrical devices and cords shall be plugged into ground fault circuit interrupter (GFCI) at all times. Not all residential buildings have exterior GFCI outlets. Homes constructed before 1971 may not have them present as currently required. Also, not all outlets on a power generator are necessarily GFCI protected. Some generators require the unit to be grounded in order for the GFCI outlets to work properly. GFCI portable adapter outlets are sold at many retailers. The amperage limits should be confirmed prior to purchase and used with some equipment such as Leister heat guns. When portable GFCI adapter outlets are used, they should be plugged directly into the power source, not at the end of an extension cord.

Do not daisy chain portable GFCI protectors or power 28

FLORIDA ROOFING | October 2024

extension strips to one another. While being used, there are a few simple precautions for electrical extension cords: ■ Do not use a damaged extension cord or plug it into a damaged electrical outlet.

■ Do not use indoor extension cords in an exterior condition.

■ Avoid placing extension cords through puddles of water; especially avoid placing connections in water.

■ Do not run extension cords through unprotected doorways, holes, walls or floors.

■ Do not staple or nail an extension cord to a wall or any other surface.

■ Fully plug the extension cord into the outlet or power source.

■ Avoid creating a knot with the extension cord and your tool. Instead, create a loop and allow slack at the connection or purchase a connection securement device.

■ Do not cover extension cords with combustible materials or equipment.

When an extension cord is in use, a fire extinguisher must be present on the job. Electrical fires are classified as a Type C fire hazard. OSHA requires a fire extinguisher anywhere a fire hazard is present. ABC rated fire extinguishers are the most recommended type of fire extinguisher to have available because they have more versatility.

For additional reference, type A fire hazards are combustible materials such as cloth, wood, cardboard, paper and plastic. Type B fire hazards are liquid materials such as gasoline, grease, oil, roofing adhesives and solvents or cleaners. An ABC rated fire extinguisher can be used on a type A, type B or type C fire. The size of the fire extinguisher will determine the size of the fire the extinguisher is rated to extinguish.

A 4A60BC fire extinguisher is also commonly referred to as a 20-lb extinguisher. They are capable of extinguishing a Type A fire with the equivalent of four gallons of water and have the 4A rating. A 4A60BC extinguisher is also rated to extinguish a 60 square foot area of a type B or type C fire, with the 60BC rating.

Larger fire extinguishers have the capacity to extinguish larger fires. OSHA does not mandate a certain size fire extinguisher to be present, unless torching roof activity or hot roofing asphalt activities are taking place. When roofing torches are being used in any capacity, a minimum of two 4A60BC fire extinguishers Continued on page 33

Find a Power Tool Battery Recycler Near You Using Online Tool Pete Zeller, Power Tool Institute An important part of responsible power tool ownership is to appropriately dispose of rechargeable batteries at the end of their service life. Yes, lithium-ion batteries have revolutionized power tools and other devices by providing long-lasting, reliable power. However, no battery lasts forever. When it’s time to discard a rechargeable battery, don’t be tempted to throw it out with your regular household trash. It must be recycled.

Recycling a battery is easier than you think. To make it easier, the Power Tool Institute (PTI), the leading organization for power tool safety resources, information and education, has now linked its dedicated battery safety website to an online tool that can help power tool owners find authorized battery recycling drop-off points in their communities. You might be surprised by how many options you have.

Visit www.takechargeofyourbattery.com/disposal/ to access this feature.

Why should you recycle your lithium-ion batteries instead of tossing them in the trash? Improper disposal can expose batteries to extreme heat, liquids, crushing, short circuits and other hazards that could

cause potential fire hazards at waste-handling facilities and landfills and contaminate the water supply.

Recycling these batteries conserves natural resources, prevents them from entering the solid waste stream and, ultimately, preserves our environment.

Meanwhile, many common materials used in batteries can be extracted as part of the recycling process.

They can be re-used for future batteries and other products. Typically, higher yields of usable material are achieved from recycled battery material than from mining natural resources, making recycled batteries an efficient source of future energy. For example, one ton of battery-grade lithium can be derived from 28 tons of batteries, whereas it would take 250 tons of ore to yield the same amount. The benefits of battery recycling are clear.

FRM Since its founding in 1968, the Power Tool Institute (PTI) has established itself as the leading organization for building global understanding of power tools. For more information, contact PTI at 216-241-7333 or pti@powertoolinstitute.com.

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29

Reclassifying from Independent Contractor to Employee Seay Management Consultants One of the key employment questions today is whether a person qualifies as an independent contractor or an employee. This has been a target issue by the Department of Labor (DOL) for the last several years.

Independent contractors do not receive overtime nor keep a timecard. They pay their own withholding and Social Security taxes, are not eligible for benefits and do not fall under employment regulations. During COVID, some employers classified their employees as independent contractors instead of employees because, among other reasons, it’s less expensive.

However, most independent contractors do not qualify for this designation and the IRS and DOL penalties for misclassification are steep. So, if you survey your work force and determine that, in order to avoid this exposure, you need to reclassify your independent contractors to employees, here are some important points to remember.

■ Mitigate the exposure. If a person has been improperly classified as an independent contractor, the exposure is already there and can’t be eliminated. The goal would be to mitigate it by making the change promptly and communicating it to those who will be reclassified in a positive and user-friendly way.

■ Determine the date you want to make the change.

Many employers choose January 1 because you would not have to send the person a W4 and 1099 in the same year, which could raise a red flag with the DOL or IRS. ■ Since the independent contractor is now an employee, decide the compensation you want to pay to the person. The employer will now have to match the Social Security tax and there may be other expenses, such as insurance premiums and unemployment taxes. You may want to reduce the employee’s rate to cover these expenses.

■ Determine if the former independent contractor is exempt or non-exempt. If non-exempt, you will need to have the employee keep a timecard and receive overtime compensation. Most non-exempt employees are paid hourly but there are some exceptions.

■ Have the employee complete a W4 Form, an I-9 Form and other employment forms that could include a drug policy, etc. Provide the employee with a copy of the employee handbook and have him or her sign a receipt for it.

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FLORIDA ROOFING | October 2024

■ Communicate fully and regularly with the independent contractor who is now an employee. Explain the change and its implications in a positive way and demonstrate how the former independent contractor will now be better off as an employee.

For example, the employee may be eligible for insurance and other benefits like paid time off, the employer pays half of the Social Security taxes, the employee is now covered under unemployment insurance and workers’ compensation, etc.

Frequent communication is essential. Whenever there is a void in communications, most people fill the void with negative thoughts rather than positive ones. So, you must meet with the former independent contractor on several occasions.

■ The person’s employment date will be the date you make the change. However, for benefits purposes, you could choose to credit the employee with seniority based on time worked as an independent contractor.

■ Not every independent contractor will be happy with the change so you should be prepared for some pushback. A good way to prepare is to have a list of items to discuss so you’ll be consistent in providing everyone with the same information.

If you use a personality temperament analysis like the DISC profile, it’s a good idea to review the person’s pattern, since the employee will receive your communications based on his or her pattern.

In particular, prepare for the High C Perfectionist pattern, which will be very skeptical and will ask lots of questions, like “Why?” ■ Adding employees through reclassification will increase your total number of employees in the work force and could bring you under some additional employment regulations that come into play based on the number of employees. These include sexual harassment (15 employees), various kinds of discrimination (15-20 employees), pregnancy requirements (15 employees, maybe less), COBRA (20 employees), Family and Medical Leave (50 employees), Affirmative Action Programs and others.

Some states and localities have lower employee thresholds. In addition, you may now fall under Obamacare that requires you to offer insurance, so it’s important to review these requirements with your insurance representative.

Continued on page 33

Seven Strategies for Minimizing Cyber Risks Within the Construction Industry Scott Fouts, Vice President, Risk Service Division, HUB International The digital era has enabled the construction industry to integrate innovative technologies to boost efficiency and streamline operations. Today, even the most traditional construction firms rely on electronic communication, online banking, automated systems and digital storage for essential information as standard practice.

Such convenience comes at a price, with 93 percent of construction companies having experienced a data breach in the last three years.

The construction industry ranks as the second most targeted for cyber attacks. Cyber crime is projected to cost the construction sector an estimated $1.2 trillion by 2025. Unfortunately, numerous construction firms in Florida and beyond find themselves unprepared when confronted with a cyber attack, leading to difficult questions and challenging situations.

Several factors contribute to the industry’s vulnerability. First, the construction sector has not been subjected to stringent data privacy and security regulations like healthcare and banking, allowing potential weaknesses to go unaddressed. Furthermore, while technology is now a crucial component of daily operations for most construction companies, many still rely on outdated systems with insufficient firewalls and security measures to fend off sophisticated hackers.

These vulnerabilities make many construction companies easy targets and cyber criminals have been quick to exploit them, with construction firms facing an average of five cyber incidents per week. The biggest cyber security risks facing construction companies include ransomware, data theft and fraudulent wire transfers.

What Can Florida Construction Companies do to Protect Themselves?

The ongoing threat of cyber crime can be lessened by following a few key measures: Create an incident response plan. In the event of a cyber attack, swift action is crucial to minimize damage. Identify individuals within your firm who will be responsible for specific tasks and designate a lead person to coordinate the response. Immediate steps should include notifying your insurer, contacting law enforcement and informing vendors whose data may be compromised or whose operations might be disrupted. Ensure that employees refrain from taking any actions that could hinder mitigation efforts.

Ensure robust cyber monitoring systems. Strengthen your intrusion detection programs and firewalls to respond swiftly to cyber threats. Complement these measures with comprehensive incident response plans that are regularly evaluated and updated.

Implement additional layers of protection. Enhance your network security by using multifactor authentication and other access controls. Regularly review and update these measures to ensure they remain effective.

Educate team members about cyber security risks. Email links are

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FLORIDA ROOFING | October 2024

Scott Fouts is Vice President of global insurance brokerage Hub International’s Risk Services Division.

He has 17 years of experience in occupational safety, Monitor all digital correspondence and double-check health and risk management consulting. Scott has spent 15 years on the carrier side of the business the details. Verify email-based transactions with venproviding risk management, safety, property, proddors and suppliers by directly contacting them. Use vendor files to find legitimate phone numbers and call uct liability, environmental, business continuity, fleet, to confirm any changes or payments, instead of relying claims and industrial hygiene services. solely on email attachments. a primary source of infiltration. Ensure your personnel are aware of this risk, as well as other vulnerabilities, by conducting regular training sessions.

Navigating Technology’s Benefits While Avoiding the Pitfalls

As technology and AI revolutionize the construction industry, it’s crucial to be aware of the accompanying risks. Implementing strategies to protect against ransomware, cyber fraud and sabotage are essential for safeguarding operations and data security. By staying informed and proactive, construction firms can harness the benefits of technology while mitigating potential threats.

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Transfer risk with cyber insurance. Obtain a cyber insurance policy to access 24-hour hotlines and breach response experts who can assist during a security incident. These experts can also provide guidance on additional preventive measures to avoid incidents. If you suffer a data breach, your coverage may help you cover the costs of fraudulent wire transfers and ransoms, hiring attorneys and forensic IT consultants and other crisis management costs that you may incur.

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Address potential incidents in writing. Minimize liability for issues like automation hijacking, technology breakdowns or payroll partner fraud through well-drafted contractual agreements. Without these agreements, you could be held responsible for vulnerabilities in third-party software.

2025 Charity of Choice Foundation Scholarships For more information, contact John Hellein (800) 767-3772 or john@floridaroof.com

Extension Cord Safety, continued from page 28

Independent Contractor, continued from page 30

shall be readily available within 10 feet on the operations at all times. When operating an asphalt kettle, two 4A60BC extinguishers are required to be within 25 feet of the kettle and an additional two 4A60BC extinguishers are required to be readily available on the roof where hot mopping activities are present.

Extension cords are a essential piece of equipment.

They should be adequate to provide the power necessary for all the equipment the cord is supplying power to, inspected prior to use, properly used and should always be used with safety in mind. When good extension cords are purchased, cared for and used properly, their lifespan will be extended and continue to provide power to the equipment as needed.

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■ Finally, designate some member of management as a point of contact for questions and concerns that may arise. This person should be a natural voice of comfort and assurance, employer friendly and quickly accessible.

FRM Today’s complex HR landscape, with its ever-shifting set of regulations, continues to challenge business owners and management. From day-to-day employment decisions to navigating compliance issues, businesses need a resource for support more than ever before. Seay Management Consultants provides clients with the confidence of knowing that their Human Resource policies and procedures are in compliance with current regulations. FRSA Members receive free and discounted services from Seay Management. They can be reached at 888-245-6272. www.floridaroof.com | FLORIDA ROOFING

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Frank Whitehead, Sales Manager, Mission Metals Manufacturing Frank has worked at Mission Metal Manufacturing for 6 months but has been involved in the industry for the past 18 years. He serves on FRSA’s Membership Committee.

How did you get started in the roofing industry? I started working with Gulf Coast Supply & Manufacturing, Horseshoe Beach in 2006 in the trim shop where I worked for four years. I then moved to Sales Rep. followed by Sales Manager. I was promoted to Corporate Sales Trainer where I helped open four additional locations across Florida and Alabama.

What’s your favorite part of the job? Besides believing in the products we supply, I love the friendships I’ve built with people all over the industry in my 18 years on the job.

What’s the most unusual roofing project that you’ve been a part of? I’ve been involved in countless large commercial projects all over the Southeast and Bahamas but the two or three jobs that really stand out and that I take pride in are the community outreach projects where we have helped others who were less fortunate and had roofing needs that they could not afford. Helping these people, seeing their gratitude and appreciation definitely brings a smile to my face each time I think about it.

What is your job function? As a Sales Manager, I set pricing for our markets, hire and train reps in all aspects of metal roofing and help educate contractors and consumers on the benefits of metal roofing. I also make sure our company’s service is always the best it can be in all areas for our customers.

How do you define success? Success for me is never giving up or getting upset when problems arise. Instead, I work to find a solution no matter how difficult the problem may be.

What inspired you to join FRSA? I started attending the FRSA Expo 15 years ago. I loved the industry

networking that took place there and I like the information and services FRSA provides.

What do you personally find most rewarding about being involved with FRSA? FRSA is the greatest asset for contractors who are starting out in the industry. It allows people from all over to connect and help each other, which makes our industry stronger. I also enjoy the friendships made over the years.

What advice would you give to someone interested in joining the roofing industry? Educate yourself on the many roofing products that are available and the benefits of each. Make connections with seasoned professionals in the industry and learn from their experiences, use their advice to improve and perfect your industry knowledge.

What do you consider a waste of time? To me, there is something to be learned from everything you do or activity you’re involved in. While some things may seem a waste, there may be value hidden in them somewhere.

What’s your favorite vacation? A cruise, always a cruise!

It’s the best bang for your buck and includes all the food you can eat.

What’s your favorite pastime activity? I love hanging out with my best friends and family, laughing and enjoying time with each other. I also enjoy riding on a dirt road and listening to some good old country music on the radio.

What would be your ideal place to live and why? My dream is to own my own self-sustainable farm. Animals, woods, garden and all the peace and serenity away from the hustle and bustle.

What would surprise others to learn about you? I love all sorts of history and especially genealogy. I recently learned that Daniel Boone was my ninth Great Grandfather.

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