A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals
Residential Metal Roofing Opportunities Two Classes of Metal Roof Panel Manufacturers FBC Delays Code FRSA Year in Review SIF Safety Awards Obama Care: October 1 Deadline for Employers OSHA: Time for a Change? SEPTEMBER 2013
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Opportunities and Key Strategies in Residential Metal Roofing
The Year in Review
2003 Workers Comp Reform Still Worth Fighting For
OSHA: Time for a Change?
SIF 2012 Outstanding Safety Award Recipients
QA Requirements Will End “Two-Class” Manufacturing of Metal Roof Panels
FRSA Self Insurers Fund Returns $4.5 Million in Dividends
FBC Votes Twice Before Delaying Next Florida Building Code What Every Employer Should Know About the Affordable Health Care Act
Now Available on iPad via iRoofing A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals
FRSA Executive Director, Lisa Pate, CEM ◆ Editor, John Hellein
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Any material submitted for publication in ROOFING FLORIDA 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.
ROOFING FLORIDA (VOL. 4, NO. 9), September 2013, (ISSN 0191-4618) is published monthly by FRSA, 4111 Metric Drive, Suite 6, Winter Park, FL 32792. Application to mail at periodicals postage is pending at Winter Park, FL and additional offices. POSTMASTER: Please send address corrections (form 3579) to ROOFING FLORIDA, P.O. Box 4850, Winter Park, FL 32793-4850.
Understanding Opportunities and Key Strategies in Residential Metal Roofing By Bill Robin, Metal Sales Manufacturing Corporation A metal roof offers the winning combination of beauty, longevity and energy efficiency - and more homeowners are taking notice. In the United States, metal roofs have moved from a 3 percent market share in 1998 to nearly 10 percent of the $13 billion dollar residential roofing industry today. According to McGraw-Hill Construction Research and Analytics data, the South Atlantic regional market installed 24.5 million squares of residential roofing in 2012. Metal roofing accounted for 9.4 percent of the total regional roofing
market and had an overall market share of 10 percent in the reroofing market. In the smaller new construction market, metal accounted for 6.55 percent. Some aspects of metal roof systems that are attracting more and more customers include: Energy Cost Savings – Today’s homes are built to be more energy efficient than ever, and few products promote sustainability and energy efficiency better than metal roofing. First and foremost, the solar reflectivity characteristics of metal allow homeowners to save money on air conditioning costs compared to other roofing types. Metal reflects sunlight and reduces the amount of heat transmitted into a home. Additionally, heat dissipates from metal more quickly than asphalt, which translates into important energy cost savings for the homeowner. Metal roofing also provides a perfect platform for the installation of solar panels and other renewable energy sources. Innovative clip systems allow for penetration-free installation of solar panels, and the extended life expectancy of metal panels exceeds current solar panel life expectancies. Durability – Metal is also extremely durable and holds up in extreme weather conditions. It resists high winds, hurricanes, UV rays and temperature changes. Some insurance companies even offer discounts to homeowners with metal roofs. Warranty – Most metal roof manufacturers offer a 30- to 45-year paint or finish warranty. Over time, a metal roof saves a homeowner money, as it requires very little maintenance and no second investment in roof replacement.
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Having the Right Skills and Knowledge One of the biggest issues that Florida metal roofing contractors face is finding qualified installers. A metal roof installation requires skill, and more time is needed to train workers who are performing the installation. Fortunately, there are many tools available to aid contractors in training those workers. Metal roofing manufacturers are a great resource. They offer training programs and materials available for contractors. Manufacturer websites Continued on page 22
Rob Springer, CPRC ◆ Scouting Report
Safety doesn’t just happen. Understanding the need for safety in your roofing operation is not only critical to the well being of your employees, it’s also crucial to the well being of your business. Helping to ensure your workers’ safety also helps keep your business profitable. Employers, managers and employees must commit to a safety program and then regularly communicate with each other to ensure safety is being recognized, valued and maintained. Safety program goals include: ♦♦Reducing accidents and injuries. ♦♦Protecting your company from liability. ♦♦Heightening customer service. ♦♦Improving productivity.
Fall Prevention ♦♦Inspect fall prevention equipment before use. ♦♦Utilize correct fall arrest anchorage points and connecting devices. ♦♦Beware of unprotected roof floor openings, shafts, skylights, stairwells, etc. Safety Gear ♦♦Wear appropriate fall protection equipment. ♦♦Wear safety footwear, eye protection, hard hats, gloves and respiratory protection as roof conditions warrant. Heat Exposure ♦♦Ensure that employees remain hydrated throughout the work day. ♦♦Learn to recognize and respond to symptoms of over exposure to sun/heat. Ladder Safety ♦♦Inspect ladders before use. ♦♦Tie off and secure ladders. ♦♦Maintain 3 points of contact with ladders. Tools and Equipment Safety ♦♦Inspect tools and equipment before use. ♦♦Follow safe use directions/instructions. Vehicle Safety ♦♦Operator must hold a valid driver’s license. ♦♦Occupants must wear seat belts. ♦♦Observe posted speed limits. ♦♦Avoid distracted driving. This includes eating, cell phone use and texting.
A roofing safety program can help protect your workers, your business and your bottom line. Educating and empowering your employees creates an on-going awareness and dedication to workplace safety. An effective safety policy clearly defines and communicates the expectations, actions and responsibilities everyone must be aware of and folRob Springer, CPRC, discussing safety issues with low. Here are some practical tips to help get your work- There is no time like the present to determine how effecforeman Victor Hernandez at the Sea World Antarctica force to embrace your safety tive your safety policies are. If you don’t have any or need assistance to correct/develop some, your FRSA-SIF can project. program: help. The services that the SIF provide are numerous and ♦♦Encourage employees to take an active role in a the generous member dividend checks are proof positive safety committee/task force and coordinating that membership in the SIF has its rewards! See page 21 safety activities. of this issue for more details. ♦♦Understand that employees will work safer if their supervisors and managers model safe behavior. Extra Innings Information That means that you must demonstrate safe The 2014 FRSA S.T.A.R. Awards applications are due attitudes and lead by example. May 31, 2014. Now is the time to begin collecting photos ♦♦Develop incentive plans that acknowledge and of your most unique or challenging projects for entry this reward employees who work safely and set a good year. Remember, all FRSA member contractors are eliexample for others. gible to participate, regardless of the size of your company Work site accidents can do more than just injure an employee – they can be fatal. It should come as no surprise that the greatest safety hazard to those in the roofing industry is the risk of falling. According to the 2010 Bureau of Labor Statistics, falls represented more than 40 percent of fatal accidents among roofers. An additional 10 percent of fatal accidents were the result of contact with objects and equipment. The following roofing-specific safety rules are a good checklist for daily use: Electrical Safety ♦♦Survey for power lines before raising ladders. ♦♦Treat all electrical lines as if they are energized. ♦♦Place signs that warn equipment operators about overhead power lines.
or project submission. Please consult the FRSA website for more information regarding entry qualifications. Major League Baseball Division Leaders American League East – Boston Red Sox Central – Detroit Tigers West – Texas Rangers
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By Lisa Pate, CEM, FRSA Executive Director Convention and Trade Show Changes As FRSA’s fiscal year comes to an end this month, I look back over the last 12 months and wonder how time could have passed so quickly. It seems like just yesterday that we were outlining plans for the 2013 Convention and Trade Show. Then, President Brad Sutter suggested during one committee meeting last fall that we “blow up the Convention and start new,” and that’s just what happened. Executive and Convention Committee members took the challenge to heart and meetings last year were infused with fresh, new and creative ideas to improve the Convention and Trade Show. As planning began, we anticipated that some of the changes would be implemented during the coming year, but also figured that most of the changes would take a year or two to come to fruition. How wrong we were. Members, exhibitors, staff and vendors jumped at the opportunity to make the necessary changes sooner rather than later. Many committee meetings and conference calls were held to make sure all details were covered and forward progress was made. To that end, the Convention, which consists of the educational programs, sport tournaments and social events, was reduced to a three-day format and the Trade Show to a two-day format. The Educational Foundation developed an extensive slate of seminars on everything from metal roofing to Obama Care. Product specific business essential courses were offered for the first time and product demonstrations were held on the show floor. Attendance at both the Convention and Trade Show was the best we’ve had in the past eight years and positive comments continue to flow. We still have some areas that
The Year in Review need to be adjusted, but know that we’re on the right track going forward. Thanks to all who helped make this year’s events a success! S.T.A.R. Award A new program, the S.T.A.R. (Spotlight Trophy for the Advancement of Roofing) Award was added, highlighting roofing projects from around the state. FRSA members submitted industry projects that were completed during 2012 in various categories such as historic, green, steep slope and charity work. Winners were awarded trophies and their jobs were profiled during the S.T.A.R. Awards dinner. Winners were also profiled in the August issue of ROOFING FLORIDA Magazine and on the FRSA website (www.floridaroof.com). There was a positive response to the program and requests to include additional categories in the future. Next year will feature projects completed in the 2013 year. Keep the S.T.A.R. Awards program in mind this year as you complete those unique projects and be sure to take plenty of high resolution photos. Membership Our membership numbers remain strong and we’ve exceeded budgeted revenue for membership. This year the Membership Committee developed a Retention Subcommittee to work with member companies, offering payment plans for membership dues. Strong renewals reflect their success. We continue to focus on adding new member benefits. A full list of membership benefits can be found on our website, www.floridaroof.com in the “member’s login” section. Continued on page 20
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Cam Fentriss ◆ FRSA Legislative Counsel
2003 Workers’ Comp Reform Still Worth Fighting For This year is the tenth anniversary of passage of Senate Bill 50A, affectionately known as the 2003 workers’ comp reforms. Most of us remember this victory well. It was a long hard battle as it took us two or three years to get it done. It was a big fight largely between employers and carriers versus employees, claimant lawyers and some health care interests. After the bill passed, no one really knew what to expect in the way of changes. Some thought it was not going to change much, but those people were wrong. It (and some other factors) drove rates down by about 60 percent. The legislation also had some other less visible results. For instance, the battle was so bad that it was impossible to get any legislator who lived through it interested in touching the subject of workers’ comp for a number of years after that. That was a good thing as we would have had more to lose than to win had anyone succeeded in pushing back some of our improvements. Now that we are ten years away and term limits are fully in place, there are very few veteran legislators still in office. That could mean trouble because there are still plenty of people who would love to convince the current legislature to repeal some of the good 2003 changes. The pressure is building. While we expect lobbying efforts by lawyers and employees, we also need to be aware of a less organized
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“there are still plenty of people who would love to convince the current legislature to repeal some of the good 2003 changes. The pressure is building.” influence – employers that have been caught cheating and who really don’t like those stiff penalties that came with the 2003 reforms. For all of us who were around in 2003, we know that one of the biggest reasons the system was out of control was because of rampant fraud. For many employers, it was more cost effective to cheat, even if the employer got caught and had to pay a penalty. To stop that, penalties were raised high enough to cause great pain in the pocketbook. In 2003, that was not only reasonable, it was the smart and necessary thing to do. It still is today, but we need to look at it from the perspective of today’s anti-government legislators who know nothing about workers’ comp in the Nineties. When a new legislator gets a call from an employer whining about having to pay thousands of dollars in penalties, that is likely to sound like government out of control, rather than what we know as the necessary tool to force these cheaters to comply just like the good guys do every day. Our job now is to make sure Florida’s sitting legislators understand that cheaters faced with big penalties do not deserve any sympathy – none. That is because for all the time these people paid little or no workers’ comp premiums, they underbid jobs and essentially stole that work from companies that play by the rules. Any chance you have to let your legislators know that, please do.
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Anna Cam Fentriss is an attorney licensed in Florida since 1988 representing clients with legislative and state agency interests. Cam has represented FRSA since 1993, is an Honorary Member of FRSA, recipient of the FRSA President’s Award in 2002 and received the Campanella Award in 2010. She is a member of the Florida Building Commission Special Occupancy Technical Advisory Committee, President of Building A Safer Florida Inc. and past Construction Coalition Chair (1995-1997).
Trent Cotney ◆ FRSA Legal Counsel
OSHA: Time for a Change? FRSA and its members have always been concerned about employee safety. All roofing contractors are well aware of the emotional and financial impact that a work-related injury may have on their company. However, one of the biggest concerns for roofing contractors is the expansion of federal government regulation and enforcement through OSHA. Over the last five years, OSHA has changed drastically. The number of citations, the dollar amounts of those citations, the increase in safety standards with residential fall protection and the targeting of roofing contractors has all increased exponentially. As a result, roofing contractors that are already seeing smaller profit margins are faced with businessending citations. I am asked almost on a daily basis what can we do as a roofing industry in the State of Florida to change things? Obviously, safety and enforcing safety is of paramount concern. However, OSHA currently lacks accountability, because OSHA is a federal-based program. Section 18 of the Occupational Safety and Health Act of 1970 provides that states can develop and operate their own safety and health programs in the work place, which allow those states to opt out of federal OSHA enforcement. There are currently 22 states and/or territories
“...one certainty is that there will be greater accountability because the elected officials responsible for maintaining and implementing the plan will be in Florida and not Washington, D.C.”
operating complete state plans including California, Illinois, Michigan and New York, and also five other states that have safety plans which cover public employees. In order for Florida to establish itself for a state-sponsored program, there is a set process and procedure for assuming the responsibilities that OSHA currently holds. The state must have effective safety guidelines and be able to enforce and inspect pursuant to set OSHA benchmarks. Once the accreditation of the state plan is obtained through OSHA’s final approval, OSHA will relinquish its authority to cover health and safety matters in the state. This can be both a blessing and a curse for roofing contractors; but the one certainty is that there will be greater accountability because the elected officials responsible for maintaining and implementing the plan will be in Florida and not Washington, D.C. After witnessing firsthand the impact that the rise of OSHA has had on the Florida roofing industry, personally, I think a move to state safety enforcement would be a welcomed change.
Congratulations from Eagle Roofing Products to Tom Campbell with ABC Supply Co. in Sarasota on your new position as managing partner. Your hard work and dedication have paid off! We wish you the best of luck in your new endeavor.
Author’s note: 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 Florida Bar Certified in Construction Law, a Florida Supreme Court Certified Circuit Civil and Appellate Mediator, Qualified Florida Court-Appointed Arbitrator, General Counsel and a director of the Florida Roofing Sheet Metal and Air Conditioning Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA) and a member of Associated Builders and Contractors (ABC) and Pinellas County Contractors Association (PCCA). For more information, contact the author at (813) 579-3278 or firstname.lastname@example.org. Follow Trent Cotney at www.trentcotney.blogspot.com, on YouTube at FLConstructionLaw and on twitter @trentcotney.
OSHA Proposed Crystalline Silica Rule Will Affect Roofing Industry The U.S. Department of Labor's Occupational Safety and Health Administration announced a proposed rule aimed at curbing lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers. The proposal seeks to lower worker exposure to crystalline silica, which kills hundreds of workers and sickens thousands more each year. After publication of the proposal, the public will have 90 days to submit written comments, followed by public hearings. "Exposure to silica can be deadly, and limiting that exposure is essential," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis — an incurable and progressive disease — as well as lung cancer, other respiratory diseases and kidney disease. We're looking forward to public comment on the proposal." Exposure to airborne silica dust occurs in operations involving cutting, sawing, drilling and crushing of concrete, brick, block and other stone products and in operations using sand products, such as in glass manufacturing, foundries and sand blasting. "The proposed rule uses common sense measures that will protect workers' lives and lungs — like keeping the material wet so dust doesn't become airborne," added
Michaels. "It is designed to give employers flexibility in selecting ways to meet the standard." The proposed rule making includes two separate standards — one for general industry and maritime employment, and one for construction. The agency currently enforces 40 year old permissible exposure limits (PELs) for crystalline silica in general industry, construction and shipyards that are outdated, inconsistent between industries and do not adequately protect worker health. The proposed rule includes a new exposure limit for respirable crystalline silica and details widely used methods for controlling worker exposure, conducting medical surveillance, training workers about silica-related hazards and record keeping measures. NRCA Gathering Information The National Roofing Contractors Association, (NRCA) is gathering information on silica dust exposure levels, air monitoring and work practices in use by roofing contractors. If you are able to provide any information or results that your company uses for data collection on silica dust, please forward it to email@example.com.
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Self Insurers Fund Announces 2012 Outstanding Safety Award Recipients Central Florida – Tom Tannenbaum, Inc., Orlando With a staff of long-time employees, many over ten years and some over twenty, Tom Tannenbaum, Inc. specializes in maintenance, repair and replacement of residential, commercial and industrial roofs. They have maintained a solid safety record with a major increase in safety awareness to ensure compliance with current standards. Safety is a team effort with everyone encouraged to keep an eye out for potential safety concerns for themselves and others. Open communication allows for quick feedback and elimination of job site hazards. Tom is not only a roofing contractor, he is also very active with his church’s mission trips. He participates in two mission trips a year, provid- Tom Tannenbaum (left) and George Ebersold. ing much needed repairs and construction services to the needy through Habitat for Humanity. The most recent trip included 27 youths from his church traveling to Livingston, Alabama where they completed many projects for disadvantaged homeowners. While Tom is away doing his mission work, General Manager George Ebersold, runs the show. North Florida – Barber & Associates, Inc., Jacksonville Barber & Associates is a family owned, second generation business and has been a proud member of the FRSA Self Insurers Fund for the past 15 years. Trip Barber and his employees understand the importance of an active safety program. “Employee safety is always considered before the job starts and continues until the job ends,” Trip explains. The company has an individual who directs their safety program that includes weekly tool talks, monthly safety meetings and periodic safety trainings conducted by their FRSA-SIF safety representative. Trip considers safety as the number one priority on all jobs whether large or small. For most other businesses, the past couple of years have been slow but Barber & Brad Denny and Trip Barber (right). Associates have kept over 40 roofers busy and maintained a safety record with few accidents. Trip, Brad and Dot work hard to maintain an outstanding reputation and safety record. We congratulate Barber & Associates, Inc. and wish them continued growth and an injury-free operation. West Coast – Atlantic Roofing Services of Florida, Inc., Tampa Paul Trancreti has been in the roofing industry since 1979. In 1987 Paul and his wife Donna moved their two sons, Paul Jr. and Michael, to Florida. Paul became a partner at Atlantic Roofing in 1988 and sole owner in 1990. The company has been a member of the FRSA-Self Insurers Fund since then and has maintained a very good safety record. Paul attributes the company’s low loss record to focusing on safety each and every day. Along with weekly safety meetings with all employees and training from their loss control consultant, Paul states, “Safety is something that requires constant focus and reinforcement to ensure our Paul Trancreti (center) with his wife Donna. employees’ health, not only on our jobs but in their own personal lives.” Paul Jr. with his wife, Amanda and daughter Atlantic Roofing is an active member in ISN World, which certifies con- Reagan (left), and Michael Trancreti (right). tractors who show exceptional workplace safety. We congratulate Paul and Donna and all the employees of Atlantic Roofing Services for a great job and wish them continued success with their business. South Florida – Best Roofing Services, LLC, Fort Lauderdale President and CEO Gregg Wallick’s knowledge and passion for the industry is the driving force behind Best Roofing’s outstanding reputation, growth and success. Under Gregg’s leadership, Best Roofing has grown into one of the largest, most highly respected commercial roofing companies in South Florida. Best Roofing’s success would not have been possible without Gregg’s continued commitment and dedication towards workplace safety. Recently, one of his roofers fell through a rotten metal deck roof and landed in a safety net that was installed prior to the start of the job. After the fall, the roofer brushed himself off and resumed working unharmed. (Left to right): Gregg Wallick, Clay Thomas, What could have been a devastating accident was prevented through a Zack Wallick, SIF Safety Rep. Jorge Castanon. proactive safety program that includes pre-job site hazard analysis and site specific safety plans. Through his active safety program, Gregg has established the means for the control and prevention of accidents, giving his company an outstanding loss history record that has earned them this award. Congratulations!
Perplexed: FBC Votes Twice Before Delaying Next Florida Building Code Implementation By John Hellein, RFM Editor I Actually Voted Against the Delay Before I Voted for It The adaptation of John Kerry’s political gaffe to the August Florida Building Commission meeting in Fort Lauderdale seems appropriate. In what is normally a very short “work plan” meeting, the Commission spent more than an hour discussing, voting and revoting on changing the effective date for the next edition of the Florida Building Code.
The Commission initially voted down a nine month delay. Following the Commission’s decision to stick with its March 2014 effective date, a full 30 minutes was spent wooing the seven commissioners who had voted against pushing the date back. In the end, enough commissioners changed their vote to permit the delay. At least two questions jump out from that Friday morning meeting. The first has to do with the specifics of this code cycle:
Why was there such a rush to get the code locked down in the first half of 2013 if it was known that code implementation needed to be 2015 instead of the initially set March 2014 date? The second, larger question: How does the Commission arrive at its decisions and what artificial interests play into those decisions? While I don’t have answers to either, these questions are worth asking. Some of what follows are empirical facts and some speculation in an attempt to connect the dots.
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Hurry Up and Wait Code Development The re-decision to delay implementation of the next code cycle is particularly perplexing given the rush that characterized the development of the code. Even more so because the rationale used at the August meeting to all-but-require the delay, the legislative requirement to more-or-less sync the Building Code with the Florida Fire Prevention Code (FFPC), has been a longstanding requirement, certainly in existence before the beginning of the current code cycle. The rationale for the rush, according to comments made at the meeting, was desire to more closely synchronize Florida Building Code and the International Code Council’s International Building Code (IBC) code cycles, something for which there is no legislative requirement (unlike FFPC). Since it was foreknown that the Building Code implementation would
need to wait for the development of FFPC toward the end of 2014 / beginning of 2015, what was the purpose of requiring that all Building Code modification requests be submitted by July 2012, perhaps two and a half years before final code implementation? It might be easy to blame the rush, caused by ostensibly poor planning, to ineptness. However, it is worth noting that one of the results of initially setting a March 2014 effective date and then rushing the code development process is a destructive effect on large sections of legacy Florida Building Code, allowing IBC to crowd it out by default. While the legislative decision requiring the triennial code to automatically revert to IBC at the start of the 2013 code cycle provided the potential for the loss of decades of code development by members of the Florida construction industries, the specific Commission-level actions during this code cycle undoubtedly exacerbated the loss of Florida Code in favor of a greater IBC takeover. During the rush, many associations and agencies were unable to meet the code modification deadlines through which they would have the opportunity to preserve language from the 2010 Florida Building Code. Code that would otherwise be discarded in the reversion to the latest IBC version. For example, large sections of the HVHZ were lost because the Miami-Dade authority did not have the resources, given the limited time brought on by the looming deadline, to submit code modifications. FRSA was the exception to this rule. As a result of a good deal of extra hours put in by members of the FRSA Codes and Regulatory subcommittee, FRSA staff submitted over 200 code modification requests and, as a result, almost all of the 2010 roofing related code was preserved in the next version of the code. Unfortunately, other associations and agencies missed the 2012 deadline. Rush – That’s So Three Months Ago By the beginning of this summer, the next version of Florida Building Code had been locked down. At the time, everyone was still operating under the Commission’s initial decision to seek implementation of the code in March 2014. Listening to the Friday morning discussion at the August FBC meeting, however, it seems that any sense of urgency had vaporized. In its place, concern for synchronizing the Florida Building Code with the Florida Fire Prevention Code was now in vogue. It is at this point that one is left to speculate at the abrupt change in direction. Rather than share my own speculation, I have excerpted some of the comments from that morning’s first hour and a half “work plan” meeting (see link at end of article). The time code stamp in brackets follows an hour:minutes:seconds format to provide a reference when the comments were made. I will start with comments about the need to change the effective date in order to meet the long understood need of syncing with Florida Fire Code. FBC Staff Mo Madani [0:16:15] ...and since inceptions, we always coordinate and correlate with Florida Fire Prevention Code. This time for, I guess because we started a little bit early, we kind of, for some reason, we have our code available and the
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Florida Fire Prevention Code yet have not started their process but it’s my understanding and Charlie Frank is here he can speak on the subject but it’s my understanding that the Florida Fire Prevention Code will go, the plan is to have it go into effect late 2014, December 2014. So, and because FBC 2013 reference the FFPC 2013 which will go into effect late 2014 there is no way for us to proceed with rule making or to adopt something that does not exist yet. Executive Director Jim Richmond [0:21:10] We’re absolutely stuck on whether that Fire Code is available... In this case, we can’t adopt something that does not exist. We can’t adopt an idea. We’ve actually run into this in the past. Commissioner Dale Greiner [0:28:32] I don’t recall how we got in such a hurry but I think it was because we were trying to stay closer to ICC and there’s a lot of pros and cons about that. [0:29:03] We got ahead of the game and I think we got excited about being close to ICC code change process. Commissioner Rafael Palacios [0:30:57] For the next code cycle, instead of trying to rush everything like we did this year can we take things a little
easier and, because we’ve rushed and, you know, crashed to get this thing done early. If we are gonna stay in cycle with the fire can we just take it easier and have more time to process everything. [0:44:42] Facilitator Jeff Blair asks for a motion to set a new effective date of December 31, 2014. Commissioner Greiner made the motion which was seconded by Commissioner Flanagan. Once the motion was on the floor another 20 minutes of discussion followed including what an appropriate name for the code might be and more conversation about the reason for the rush earlier in the year. Executive Director Jim Richmond [0:58:02] One of the reasons we had kept the older date and the primary reason that we had our work plan that had our work done with an eye towards a March 1, 2014 effective date was that the Commission desired to get closer to the code cycles and that was the drive being put upon staff and everything else and what set this whole time clock in motion. [0:58:36] Seems like there may be kind of a shift in priorities and we definitely kind of got ahead of ourselves in terms of coordinating with our friends at the State Fire Marshall’s office. At 1:03:51, a call for a vote on the motion was made. At 1:04:30, the motion was declared to have failed following a 13-7 vote. Instead of allowing the March 1, 2014 effective date to stand, there was an immediate action to hear the concerns of the seven dissenting commissioners in an effort to obtain the code delay. (Facilitator) Jeff Blair [1:05:44] I think we need to find out what [the seven dissenting commissioners’] concerns are so that we can address that and come up with a motion that will work. [1:05:50] So those of you who voted against it, the seven, let’s hear your concerns and let’s hear what you would propose to correct it so that we can reach a consensus at the table. So not just what your concern is, what’s the solution to resolve it that all 20 members could support, ’cause that’s what we’re going to have to get to, I want a 20-0 vote when we are done with this.
Commissioner Rafael Palacios [1:06:13] It is now August of 2013. We’re saying we’re not going to adopt this work product ‘til a year and a half from now. To me that’s kind of ridiculous. A lot, a lot of stuff that we’re referring in our code might change in that year and a half. A year and a half from now who knows if what we did is current or not? The discussion continues for another 20 minutes or so. At 1:28:21 there is some background discussion about having enough votes to pass the motion and at 1:34:32 a motion to move effective date to December 31, 2014 and name the code Fifth Edition Florida Building Code (2014) passed 17-3 and the work plan discussion concluded. Conclusion Listening to the morning’s meeting, I am left with the impression that getting the Commission to agree to delaying the effective date was a presupposition. At the same time, it is impossible, from the outside, to conclude one way or the other why the Commission, according to at least some of its members, spent the first part of the code cycle hurrying and has now shifted to the “wait” mode. I have shared a little about how this bipolar approach has negatively affected the preservation of Florida-specific code; there are apparently other negative effects as well. In choosing the excerpts from the August FBC meeting, I have, naturally, selected ones that reinforce my point. My overriding goal, however, is to bring a conflicted (at best) code cycle process into greater focus. The more light that shines on the development of Florida Building Code, the better. I have posted the portion of the day’s meetings that I referenced at www.is.gd/fbc20130823. The start time is set at the 14-minute mark when Mo Madani introduces the topic. The entire recording is available at www.floridabuilding.org.
CILB Vacates Decision on Plumbers Performing Roof Work Last month, ROOFING FLORIDA reported on the Construction Industry Licensing Board’s (CILB) June decision to allow plumbing contractors to install rooftop solar water heating systems without a roofing contractor. In response, FRSA initiated a challenge headed by its Legal Counsel, Trent Cotney. Along with FRSA contractors, Trent appeared at the August 16 CILB meeting to plead the case. CILB vacated its previous decision, returning the industry to the status quo prior to June. Thanks to Trent Cotney and the FRSA members who volunteered their time to protect Florida’s roofing contractors. –RFM–
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Quality Assurance Requirements Will End “Two-Class” Manufacturing of Metal Panels By John Hellein, RFM Editor Manufacturer: one that manufactures The Merriam-Webster definition of “manufacturer” is straightforward, as you might expect. Unfortunately, just who constitutes a manufacturer of metal roof panels is more muddled in the state of Florida. Traditionally, sheet metal shops transformed metal rolls into metal panels on roll forming machines and everyone recognized this process as manufacturing and the people manufacturing the metal panels as manufacturers. Take that same process into the field – thanks to the technological advancement of mobile metal roll formers – and some people using the same process seem to be able to lose the “manufacturer” identity. In reality, it makes sense to recognize that people who are conducting shop-based processes as well as those who are conducting mobile roll forming processes are manufacturers and to hold both groups to the same product approval and quality assurance standards.
When the manufacturers sell the metal roof panels to a roofing contractor, they are able to provide the contractor with the required documentation (the PA or NOA), for that specific metal roofing system, that the contractor needs in order to obtain a roofing permit. The contractor is not only paying for the metal roof panel that is manufactured for him, he is paying for the service provided by this first class group of manufacturers who are responsible for the quality of metal panels that they sell. There is a direct connection in accountability between the metal panels that are manufactured and the PA or NOA that certify their quality. The Proof is in Quality Assurance Manufacturers who possess a PA/NOA are subject to rigorous quality assurance that includes onsite, unannounced inspections during which machine calibration is verified and the paper trail that documents the origin of the metal rolls – all the way back to the mill – is audited. These inspections seek to insure that the quality of the metal roofing system represented by the PA/NOA is being maintained in the real world. The “direct connection” mentioned above is lost when a manufacturer from the second class manufactures metal panels under the umbrella of another manufacturer’s PA/NOA. Assertions that the metal panels are identical to metal panels manufactured by the PA/NOA holder are simply irrelevant, unknowable and unverifiable without quality assurance. How could anyone know metal panels were reasonably identical when the second class manufacturing process is not subject to the same quality assurance methods as first class manufacturers? Is the machine properly calibrated? Is the metal from Pittsburgh or is it from Shanghai? Simply put, if it is the quality assurance programs that allow manufactures to make the claims of quality that are inherent in product approvals and notices of acceptance, how can those claims be made without quality assurance?
Two Classes of Manufacturers The moment we acknowledge that people who are producing metal roof panels using mobile roll forming machines are just as much manufacturers as those who produce the panels using conventional, shop-based machines, a simple look at what is happening in the State today tells us that there are two classes of manufacturers. We will take the conventional manufacturers as the first class. This group invests in the expensive testing and quality assurance programs required to obtain and maintain a Florida or local product approval (PA) or a Miami-Dade notice of acceptance (NOA) for each profile that they offer for sale. It should be noted, that this first class of manufacturers includes mobile roll formers who have obtained a PA or NOA. The second class of manufacturers are those who, by hiding behind someone else’s PA/NOA, benefit from the system (designed to protect the residents of Florida) without paying for testing or quality assurance and who fail to provide any real assurance that the products that they are manufacturing meet the minimal performance standards of the Florida Building Code or the prescriptive Miami- Conclusion Dade standards. Mobile metal roll formers are here to stay. Many “first class” manufacturers use them to provide flexibility or, PA and NOA Overhead in the case of roofing contractors with large enough opFor each profile manufacturers from the first class want erations, to save money by bringing the manufacturing to market in Florida, they are required to invest tens of process in house. As the Florida Building Commission thousands of dollars in testing to prove that a metal roof considers the issue of their use in Florida (as early as next system meets either Florida Building Code or Miamimonth) it should take steps to insure that all manufacturDade HVHZ requirements (or both). These tests quantify ers who benefit from them are subject to the same existing physical properties as well as wind driven rain and uplift requirements that have been designed to provide minipressure resistance. After testing and PA/NOA approval, mally acceptable levels of quality for Florida residents. quality assurance represents thousands of dollars more in costs. –RFM–
What Every Employer Should Know About the Affordable Health Care Act – “Obama Care” By Lisa Pate, FRSA Executive Director The Affordable Care Act (ACA), better known as “Obama Care,” will launch another key component to the plan beginning on October 1. Because Florida does not have a state plan, we fall under the Federal plan. The ACA requires all employers covered by the Fair Labor Standards Act, to provide written communication directly with their employees about the Health Insurance Marketplace (also known as exchanges) no later than October 1. Written notice must include: ♦♦Information about the Marketplace ♦♦That, depending on any coverage you offer, they may be able to get lower costs on private insurance in the Marketplace based on their income ♦♦That if they buy insurance through the Marketplace, they may lose the employer contribution (if any) to their health benefits You must provide notice to all employees regardless of whether they are full or part-time and whether or not they are enrolled in your health care plan (if you have one). What if you don’t have a health care plan? You must still notify your employees in writing and let them know that they can get coverage through the Marketplace. If your company offers health care coverage, you may want to consider purchasing insurance through the Marketplace instead of staying on your current plan. Beginning on October 1, you can compare rates from your current plan to those offered through the Marketplace. Prices for the Marketplace are supposed to be competitive to those offered by insurance companies, but you may find you can get the same coverage for less. You are also allowed to pay for the coverage of employees should you change your insurance plan to a Marketplace plan. To view Marketplace options, visit www.healthcare.gov. There you will find an easy-to-use calculator that will help you select which options are right for you and your budget. There are currently two methods available for purchasing health care insurance – through the Marketplace and through a Small Business Health Options Program (SHOP). Employers who have under 25 employees, are encouraged to begin providing coverage beginning in 2014 through a SHOP, which offers coverage for singles, self-employed and small business. No penalties will be incurred in 2014 for companies who do not provide coverage, but you may qualify for a Small Business Tax Credit for offering coverage. 18
If you have fewer than 50 full-time equivalent (FTE) employees, you are not subject to the Employer Shared Responsibility parts of the law and you may use SHOP to offer coverage for your employees. Starting in the 2013 open enrollment period, if you are not able to meet the minimum participation rate (70 percent of qualified employees) you may apply for coverage during an annual enrollment period from November 15, 2013 through December 15, 2013. This period is designed to allow employers who don’t meet the required participation threshold to offer a SHOP plan. If you employ 50 or more full time employees or equivalent employees, you are considered a “large business”, and the ACA requires that you offer at least “affordable minimum essential coverage” beginning in 2014. If you choose not do this, you may face some penalties. To understand how the penalties work, you must first understand that the law created a premium tax credit (subsidy) for people to buy affordable health coverage in cases where they either could not obtain coverage through an employer or where the coverage available was unaffordable. This subsidy is available to those with income of up to 400 percent of the federal poverty level (approximately $73,240 for an individual or $89,400 for a family of four). These credits are used by individuals to purchase health care through the Marketplace. If your company fails to offer the minimum essential coverage and at least one of your employees applies and qualifies for a premium tax credit, then you will be subject to a penalty of $2,000 per full-time employee each year. You will be able to exclude your first 30 full-time employees from this calculation. To prepare to enroll, you can learn more about types of health coverage, research your questions, and figure out what you need to know before open enrollment begins by visiting www.healthcare.gov. Remember, open enrollment starts on October 1 and coverage can begin as soon as January 1, 2014.
–RFM– One More Correction from the 2013 S.T.A.R. Awards The manufacturer for the Nob Hill project (page 6 of the August issue) is Karnak Corp and the supplier is ABC Supply Co.
Year in Review... continued from page 6
Codes and Technical This past year was an extremely busy code year for the Florida Building Code (FBC) and the International Building Code (IBC), which is the base code for Florida. FRSA is fortunate to have a very active Codes and Regulatory Compliance Committee and a Codes Subcommittee that work hand-in-hand with Mark Zehnal, CPRC, FRSA Director of Technical Services. FRSA submitted 230 code modifications to the Florida Building Commission in October, almost half of all industry mods submitted. 82 passed and were adopted into code. Mark also represented Florida roofing contractors at the International Code Council (ICC) meetings in Dallas, carefully monitoring all submitted code mods. Through Mark’s involvement with codes, FRSA has been able to establish open lines of communication with other industry associations and collaborate with them on various code questions and concerns. Many thanks to Brian Swope, CPRC, FRSA member and director, who also sits on the Florida Building Commission Roofing Technical Advisory Committee as well as on the Commission itself, for the many hours he’s dedicated to the industry. This summer, FRSA confronted the Construction Industry Licensing Board (CILB) in a legal charge led by FRSA Legal Counsel Trent Cotney, P.A. The challenge was in opposition to plumbing contractors being able to perform roofing work on solar systems. The CILB revisited the issue and on August 16, 2013, vacated the order. Many thanks, Trent, for all you do! Building Sale I am truly amazed at what can be accomplished in one year when a group works together for the betterment of the whole. Your Executive Committee and Board of Directors have done that this year. We started the year off with the ambitious goal of selling the FRSA Building. FRSA’s forefather’s had great insight to build a facility in the early 1980s to house the Association, Credit Union, Self Insurer’s Fund and the Educational Foundation. As times changed so did our needs and use of the building. FRSA went from occupying two-thirds of a 15,000 square foot facility to only using about one-quarter today. Rather than continue to secure tenants and lease space, the leadership decided to sell the building and relocate to a smaller building. During a very slow economy, FRSA was able to sell the building for a substantial profit in April. During the spring meetings, the Board of Directors approved transferring $750,000 of that profit to the Reserve Fund (allocating $500,000 for use toward a future building), gave the Educational Foundation Endowment $180,000 and placed $32,167 in holding for technical needs for use in a training facility. The Board agreed that the number one priority for FRSA was to provide more membership services.
best practices to help your employees prepare themselves and their families for a crisis, so that they feel comfortable getting back to work, with the goal of keeping your business running. Affiliates This year, FRSA plans to work closely with our affiliates to help promote membership, to develop and share promotional ideas, to provide educational information and to pool resources. Affiliates are an extension of FRSA on the local level. If you aren’t involved with your local affiliate, you’re missing a wonderful opportunity to learn what’s happening with specific building departments and code issues, to brainstorm with contractors who share similar issues and to establish yourself in the industry. For a list of all FRSA affiliates, visit the “About FRSA” tab on our website. ROOFING FLORIDA ROOFING FLORIDA is now available electronically on the iPad via the free iRoofing app. The magazine continues to focus on technical articles and on industry updates and information. If there is specific information you’d like to see featured in the magazine, please let our editor, John Hellein, know. As the industry publication for Florida, we’re interested in what interests you. In closing, I’ll remind you that FRSA is always looking for volunteers to participate on our committees. Much of what is accomplished in the industry occurs through the hard work of volunteer members. Our committees include: Affiliate Council, Codes and Regulatory Compliance, Convention, Governmental Affairs, Ladies, Membership, Public Relations and Marketing, Roof Tile and Unlicensed Contractor Activity. If you would like more information on any of these committees, please feel free to contact me. FRSA has a very strong and competent staff and it’s our job to make FRSA operate smoothly and profitably while accomplishing the projects set forth by our Board and committee members. Please feel free to contact any member of the staff at (800) 767-3772 with any questions or concerns you may have. ♦♦Mike Reed, CPA, FRSA’s Controller and General Manager – ext. 167, email@example.com ♦♦Cheryl Sulock, Director of Convention and Trade Show – ext. 177, firstname.lastname@example.org ♦♦John Hellein, Editor of ROOFING FLORIDA Magazine – ext. 127, email@example.com ♦♦Erika Carruth, Director of the Educational Foundation – ext. 123, firstname.lastname@example.org ♦♦Janette Irizarry, Office Manager and the administrative support for staff – ext. 100, email@example.com ♦♦Mark Zehnal, CPRC, Director of Technical Services – ext. 169, firstname.lastname@example.org ♦♦Lisa Pate, CEM, Executive Director – ext. 157, email@example.com
Disaster Preparedness The Disaster Preparedness and Response Committee is working on a new training program to help educate contractors and their employees on what they need to know when The FRSA staff is here to serve you. a disaster strikes. The program will focus on strategies and 20
FRSA Self Insurers Fund Returns $4.5 Million in Dividends to Its Members for 2012 This year’s FRSA Convention celebration was kicked off on Thursday night by the FRSA Self Insurers Fund’s Dividend Hospitality Party! For the 25th consecutive year, the FRSA Self Insurers Fund (SIF) returned dividends to its membership. This year’s dividend of $4,500,000 was announced at the Dividend Party by SIF Trustee Chairman Neil Samuels and
that is when the fun began. SIF Underwriting Manager Debbie Guidry and SIF Accounts Representative Linda Birkbeck enjoyed seeing the delighted smiles on members’ faces almost as much as the members appreciated receiving their dividend checks. Debbie said “it is great to see our members smiling as the last few years have been so trying for so many employers”. Debbie also commented that “the SIF is very proud of the pro-active safety and loss control programs that our members have put in place. Those efforts are part of the reason that the SIF has been so successful in returning dividends”. Debbie invites any roofing, sheet metal or air conditioning contractor that is not a member of the FRSA-SIF to contact her to find out how they may be able to join in on the success of the SIF. You can reach Debbie at (800) 767-3772 ext. 233 or by email at firstname.lastname@example.org.
–RFM– At the 2013 FRSA Trade Show, SIF Underwriting Manager Debbie Guidry, CPCU, presents Vincent Marino of Affordable Roofing, Jacksonville with the company’s 2012 dividend check.
Self Insurers Fund announces 2012 Outstanding Safety Award Recipients – see page 11.
The metal roofing market continues to grow, providing revenue opportunities for Florida contractors who take advantage of industry training. Continued from page 4
contain product manuals, installation guides and videos for online reference. Manufacturers conduct on-site training sessions to showcase how to properly install their metal roofing products. Reach out to your manufacturer representatives to see what training support they offer. Many manufacturers have also developed a preferred contractor program that provides education and training. By participating in these programs, contractors gain a better understanding of product lines and installation techniques. Contractors also learn to sell more effectively through better communicating to prospective customers the specific benefits of a roof installed according to the manufacturer’s specifications. In addition to manufacturers, FRSA offers continuing education programs and events designed to keep you informed about the latest developments in the metal roofing industry. Building Code Understanding and following building codes is a primary responsibility of Florida roofing contractors. In Florida, the wind uplift design and capacity of a roof system is critical, as wind-related portions of code are significant, and hurricane-force winds can exceed 120 miles per hour. Damage to the roof weakens the rest of the structure, which can lead to failure of other areas of the building. FRSA can help you and your company stay code-complaint by keeping you informed of changes to the building code. Of course, product approvals are a requirement and many manufacturers support their Florida customers by submitting the required product testing and approvals to the Florida Building Commission in order to comply with the Florida Building Code. Products approved by the FBC are listed on the FBC website: www.floridabuilding.org/bc/bc_default.aspx. Due to the high quality and strength of most metal roof systems, they usually meet the stringent Miami-Dade County Notice of Acceptance (NOA) code, which requires rigorous uplift, wind-driven rain and salt spray testing. Most metal roofing systems also have a pressure per square foot (psf) rating. Working with Subcontractors Many roofing contractors subcontract their work. While there may be an expectation that the subcontractors will be loyal to the company they contract work for, a subcontractor’s loyalty will tend to be for himself. As a result, steps 22
should be taken to ensure that a subcontractor’s work is high quality, performed safely, and is code-compliant. One of the most important things you can do is review a prospective subcontractor’s past work. By reviewing their work, you can determine if they are capable of completing your projects in a high quality and timely fashion. Past performance does not necessarily indicate future success, so due diligence on your part can help avoid unnecessary headaches. Any work that requires a Florida roofing contractor’s license requires that the subcontractor possess the same license. Also, the sub must provide workers’ comp coverage for his employees. Ultimately, the prime contractor is responsible for both the work performed and for workers’ comp. The prime contractor needs to verify with the subcontractor’s insurance provider, every morning, that each person working at the site has active worker’s comp. Allowing an uncovered subcontractor’s employee onsite makes you responsible if injury occurs. While doing business with a subcontractor on a handshake may appear the quickest way to making a profit, it may actually be the quickest route to losing money. Issues may arise, such as a misunderstanding or a subcontractor giving another job higher priority than yours. A written contract should clearly state who is responsible for what, for how much and in what amount of time in addition to other important details. The Future of Metal Roofing According to research from the Metal Roofing Alliance (www.metalroofing.com), 47 percent of all households are ready to consider metal roofing. There is still a long way to go in obtaining a bigger share of the roofing market. As a result, a tremendous growth opportunity is available for roofing contractors who take the time to gain the skills required to install metal roofs. A contractor can increase his success by communicating the advantages of metal roofing to homeowners: sustainable, durable and beautiful metal roofing is here to stay.
–RFM– Bill Robin is a Market Development Manager at Metal Sales Manufacturing Corporation (www.metalsales.us.com), a leading manufacturer in metal roof and wall systems. Bill has over 20 years of experience working as a roofing contractor. He can be contacted at email@example.com.
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Residential Metal Roofing Opportunities; Two Classes of Metal Roof Panel Manufacturers; Florida Building Commission Delays Code; OSHA, Time...