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A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals

Hurricane Timeline: What’s Next? Contract Cardinal Changes Unlicensed Activity: Handyman and Owner/ Builder Exemptions RICOWI Response Teams FRSA Joins the Conversation FRSA Building Disaster Preparedness Networks May 2014


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Hurricane Timeline: What’s Next?

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Handyman and Owner/Builder Exemptions

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FRSA Joins the Conversation

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FRSA Building Disaster Preparedness Networks

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Contract Cardinal Changes

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RICOWI Response Teams Provide Snapshot of Florida Roofing Industry Following Hurricanes

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FRSA Participates in Statewide Hurricane Exercise

Now Available Online at www.floridaroof.com/rfm

A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals

On the iPad

FRSA Executive Director, Lisa Pate, CEM ◆ Editor, John Hellein

For display advertising inquiries and all feedback including Letters to the Editor and reprint permission requests (please include your full name, city and state) contact John Hellein at: john@floridaroof.com (800) 767-3772 ext. 127 RFM, PO Box 4850 Winter Park, FL 32793-4850 View media kit at: www.floridaroof.com/rfm

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.

www.is.gd/iroofing

ROOFING FLORIDA (VOL. 5, NO. 5), May 2014, (ISSN 0191-4618) is published monthly by FRSA, 7071 University Boulevard, 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, PO Box 4850, Winter Park, FL 32793-4850.


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OMG Roofing Products Introduces PowerGrip™ Plus

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Josh Kaufman Wins “The Voice” Sarasota-born Josh Kaufman’s dream of earning a living as a musician became real when he won season six of NBC’s talent show “The Voice.” Parents Mark and Doris Kaufman (Mark Kaufman Roofing in North Port) were in California to watch the final show. The

next day, Mark helped his daughter in-law, Jennifer Myer, get back home to Indianapolis with Josh and Jennifer’s three children, aged six, four and two. Josh flew to New York for multiple appearances. Doris shared her thoughts about Josh’s win: “We just want to say that we are extremely proud of Josh. Over the years, he has had a tremendous passion for music whether it was singing, playing his guitar or keyboard or writing his own songs. This opportunity with The Voice was what he called his own personal “One More Try” to make it in the music industry. This has called for a lot of practice and time away from his family. He wanted to provide a better life for them and being “The Voice” is now giving him that opportunity. It was an awesome and overwhelming moment when they called out his name as winner. We are so thankful because not only does he have a great talent to showcase and share with the world but he is a good, upright man that loves his family and has a lot to offer. We wish him much success doing what he loves to do. We also want to thank everyone that has surrounded him with love and voted to put him at the top.” From Doris Kaufman’s Facebook page: friends and family gather at Bogey’s in Venice to celebrate Josh Kaufman’s win in season six of “The Voice.”

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Rob Springer, CPRC ◆ Scouting Report

There’s a Price to Pay for Behaving Badly No matter which way you turn today, the news constantly reports on athletes, celebrities, politicians and members of the general public behaving badly. It seems as though rudeness is running rampant. Increasingly, the principles of good manners and the rules of etiquette are being ignored. In the workplace, for example, business people are constantly violating the rules that apply to e-mail practices, polite cell phone use, texting, professional dress, proper table manners and courtesy in dealing with customers and associates. Lately, I have noticed an etiquette breach that is becoming a recurring problem for our Association. People are failing to respond appropriately to FRSA invitations. Many members don’t understand or have forgotten that the need for an RSVP reply extends to business meetings, seminars, workshops and networking events – not just social occasions. If you’ve ever organized or hosted an event, then I’m sure you’ve experienced an amount of RSVP-related frustration and it’s likely you’ve been “dumped” by guests at the last minute.  Tammy and I experienced this frustration at a dinner hosted at our home this winter for FRSA Board and Committee members. Then it happened again at the FRSA business luncheon at ChampionsGate in April.  Both times I was not happy about it.  Not happy at all!  When people fail to reply appropriately to our invitations we are often left to conclude: ♦♦They don’t value us ♦♦They don’t value our time ♦♦They’re inconsiderate

♦♦They’re not reliable ♦♦They’re not professional. Savvy professionals understand that disregard of RSVPs negatively impacts relationships. They also know that their lack of commitment and courtesy does not go unnoticed. By not honoring an RSVP, you are sending the message: ♦♦I am too disorganized ♦♦Cannot plan my schedule ♦♦Cannot prioritize ♦♦Do not follow through ♦♦Have no working knowledge of business etiquette.  These negative feelings definitely do not create a strong foundation for building business relationships. The purpose for any RSVP request is to aide the event planner in obtaining a timely and accurate head count for food and to determine the appropriate venue size needed to accommodate the number of guests that will be attending. It is equally important to let your host know when you have a change in plans that makes it impossible for you to keep your RSVP commitment. Those who ignore RSVP requests for FRSA functions or those who accept FRSA invitations and then fail to show or cancel their reservations cost the Association money. The failure either wastes staff time or wastes actual dollars from our already thin bottom line. If, at the last minute, you cannot attend an FRSA event, you should contact the Association to cancel your reservation. The same goes for the alternative. If, at the last minute, you decide to attend an event, you should confirm your attendance in order to accommodate any necessary changes in seating or catering. Just one example of what happens when there are “no shows”: as a result of the FRSA dinner we hosted at our home, Tammy and I had so much Olive Garden spaghetti, lasagna, salad and bread sticks left over that I had to resort to serving it for Valentine’s dinner, Easter brunch, our son’s college graduation party, our annual Cinco de Mayo fiesta and to Tammy for her Mother’s Day breakfast-in-bed. All in hopes that the food wouldn’t go to waste. With any luck, we will finally run out before my family serves it to me for Father’s Day! All kidding aside, an advisable rule of thumb is the minute you receive an invitation, whether it’s for a business luncheon or dinner, after-hours cocktails, a wedding, a casual office get-together or any business or social event, check your calendar.  Take note of who is being invited.  If the invitation reads “and guest,” you may bring someone with you.  If it is addressed to you alone, go by yourself.  Next, you’ll want to respond immediately.  You either accept or decline.  It’s that

Those who ignore RSVP requests for FRSA functions or those who accept FRSA invitations and then fail to show or cancel their reservations cost the Association money. www.floridaroof.com

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simple.  Do not put off replying unless you need additional information or have a potential schedule conflict to resolve. Be sure to reply to the RSVP in the manner the host has requested.  If the invitation lists a phone number, you call. You can use email if that method is indicated.  If given an option, use the reply method most convenient for you. And if the invitation specifies “regrets only,” then the host will plan on your attendance unless you indicate otherwise. In this case, you reply – in the manner indicated – only if you are unable to attend. In summary, the rule to replying to any invitation is to reply immediately, say what you’ll do and then do what you say. With a quick phone call, text or e-mail reply you can avoid tainting your personal reputation.  It’s ironic that as it’s become easier to RSVP, it seems to have become harder to extract a commitment.  So, it’s worth noting that although the technology has changed, the need for a prompt response and a display of good manners has not.

President Springer’s

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ROOFING Florida

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Recent Hurricane Pattern in Florida: It Never Rains but It Pours From 1850 to 1955, there were only two periods when Florida went more than two years without getting hit by a hurricane: 1862-1864 and 19001902. Since 1955, the periods of inactivity are significantly more frequent and longer. There have been eight periods of three Wilma (121 mph, 5 deaths, $22.7B) or more years without a Landfall: Cape Romano hurricane strike. The years Dennis (121 mph, 2 deaths, $1.65B) when we do see hurricane Landfall: Santa Rosa Island activity in Florida are more Jeanne (111 mph, 3 deaths, $4.0B) pronounced as well. The Landfall: Hutchinson Island only two years since 1850 Ivan (107 mph, 9 deaths, $9.1B) to see four hurricanes hit Landfall: Pensacola Florida in a single season Frances (105 mph, 5 deaths, $9.5B) Landfall: Stuart were 2004 and 2005. Those Charley (150 mph, 8 deaths, $15.4B) two years of hyperactivity Landfall: Cayo Costa / Punta Gorda were sandwiched between four years of inactivity (2000-2003) and the current unprecedented stretch of eight years without a hurricane strike in the state. More about the timeline graphic: Notable storms are listed in grey font along the timeline. Details include approximate wind speed at time of initial impact in Florida, number of direct deaths (if any) caused by the storm and the estimated damages in 2008 dollars. The total number of storms per decade is listed in the shaded column on the left of the timeline.

Hurricanes in Florida, A Guessing Game with One Right Answer: Be Ready This year, “Top forecasters from Colorado State University” have predicted a mere nine named storms with three becoming hurricanes. In contrast, the Old Farmer’s Almanac, that pretty much nailed the brutal cold that hit most of the country last winter, predicts “an active hurricane season” including “several hurricanes and tropical storms threatening Florida and the Atlantic Seaboard in September.” We’ll wait and see who – if either – gets it right. To be fair, there are more variables in the atmosphere than in an NCAA Basketball Tournament bracket, where the odds of correctly making an educated guess for the entire bracket is about one in 128 billion. Regardless of the predictions, each hurricane season should be a rallying cry to be prepared.

Organizations like RICOWI get ready every year to deploy teams (see page 12) in the event of a hurricane. FRSA has become involved in that organization and is building relationships with state and local government (see page 20) so that we will have a voice in what happens before, during and after a storm. Given eight years of quiet in the state, it is easy to predict that people, in general, will have other things on their minds this summer. As an Association and as roofing professionals, we have the opportunity to be ready in case this is the year. Weather or not – the lessons learned from attending the Governor’s Hurricane Conference and through cooperation with other agencies and organizations can make the difference when it matters.

–RFM–

2015

?

0 2010

No Hurricanes 2006-2013

8

2004-2005

2000 6

No Hurricanes 2000-2003

Opal (115 mph, 1 death, $1.5B) Landfall: Pensacola Beach

Andrew (167 mph, 15 deaths, $39.2B)

1990 3 1980 3 1970 8 1960 4

No Hurricanes 1988-1991

Landfall: Homestead

No Hurricanes 1980-1984 No Hurricanes 1976-1978 Eloise (125 mph, $400M) Landfall: Destin

No Hurricanes 1969-1971

Betsy (127 mph, 4 deaths, $953M)

No Hurricanes 1961-1963

Landfall: Key Largo

Donna (132 mph, 13 deaths, $2.19B)

No Hurricanes 1957-1959

Landfall: Conch Key Naples


Trent Cotney ◆ FRSA Legal Counsel

Contract Cardinal Changes During the course of most construction projects, there are change orders and modifications that alter the original terms of the contract. These changes usually are minor in scope even though they may entitle the contractor to additional time and/or money. If the contract contains a “changes clause,” then the change is considered part of the contract work and the contractor must perform the change. However, under certain circumstances, the owner may seek such a fundamental change in the nature of the work that it is deemed to be a “cardinal change,” because it so dramatically alters the terms of the contract. In that situation, even if the contract includes a changes clause, the contractor is not required to perform the changed work. If the contractor refuses to perform a cardinal change, the owner may contend that the contractor is in breach of contract, but if it is a cardinal change, it is the owner that is in breach. An owner may not require the contractor to perform work which is not contemplated under the original contract. This article will discuss the doctrine of cardinal change and its potential impact on your work. Case law defines a cardinal change as a change sought by the owner which is so excessive that it exceeds the original scope of the contract. The seminal case on cardinal change is Saddler v. U.S., 287 F.2d 411 (Ct. Cl. 1961). In Saddler, a construction contract between the contractor and the federal government required the contractor to build a levee embankment. A change in the design by the owner required the contractor to double the embankment’s length and more than double the volume of fill required to complete the project. The contractor filed suit against the owner claiming that the excessive changes The primary purpose of the demanded doctrine of cardinal change is by the owner constituted a to protect the bidding process breach of the and to prevent unscrupulous contract. The court held in owners from taking favor of the advantage of the low bidder contractor and stated by excessively increasing “that the nathe scope of work after the ture of this contractor has begun work on p a r t i c u l a r contract was a project. so changed by the added 8

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work… as to amount to a cardinal alteration falling outside the scope of the contract.” In some situations, the cumulative impact of numerous and excessive change orders demanded by the owner may also result in a cardinal change. For example, if an owner hires a contractor to relocate utilities in a one mile section of road and then later demands that the contractor relocate additional utilities located in the next two miles of the same road, the contractor may argue that the owner breached the contract by substantially changing the scope of the work to be performed under the contract. In that situation, if it is deemed to be a cardinal change, the contractor may refuse to perform the extra work without being in breach of its contract. Normally, a contractor welcomes a change order that increases the amount of work to be done; however, there are situations where the unit prices are too low for the contractor to perform additional work at those prices. If the change is deemed a cardinal change, then the contractor may negotiate new, more favorable unit prices or simply decline to do the extra work. The doctrine of cardinal change may not only be used as a sword, but also as a shield. If a contractor fails to perform because of excessive changes, the contractor may argue that the demands made by the owner were cardinal changes which breached the contract and excused further performance by the contractor. If a contractor is able to demonstrate that an owner’s demands acted as a cardinal change to the scope of work for the contract, the contractor will not be liable for breach of contract damages resulting from the nonperformance of the cardinal change. Another aspect of the doctrine of cardinal change protects the public from entities that might otherwise bypass statutory requirements regarding competitive bidding. In Alberto Elia Building Company v. Urban Development Corp., 54 A.D.2d 337 (NY App. 1976), the contractor was hired to build a convention center. Because the project was owned by a governmental entity, it was subject to public bidding requirements. Several months into the contract, the owner requested that the contractor build a tunnel connecting the convention center to an adjacent structure. Although the contractor would be adequately compensated and was willing to perform the additional work, another contractor who was not performing work on the project, sued the owner to prevent the execution of the change order. The general contractor that was not performing work on that project argued that the state was attempting to circumvent the public bidding process by Continued on page 11


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Cam Fentriss ◆ FRSA Legislative Counsel

Handyman and Owner/Builder Exemptions This month we start the long process of looking at unlicensed activity (what it is) and its prosecution. Please know that there are many possible interpretations of what the law says or requires, and unlicensed activity happens in many different contexts, so expect some differing views and disagreement between government offices and between any of those and our view. Our goal should be to arrive at a point where we all see things the same way – that will take time and discussion. First, we look at two “classifications” that seem to be at the root of a lot of unlicensed activity: owner/builder and handyman exemptions. Most everyone knows about the exemption from licensure for handyman work, but few know the limits of it. The handyman free pass does NOT apply to: ♦♦A project more than $999.99 ♦♦Work split up to avoid the dollar limit above ♦♦Work by one who advertises as a contractor ♦♦Structural work ♦♦Work involving toxic or hazardous chemical substances ♦♦Structure access or egress work ♦♦Physically disabled accommodation work ♦♦Work for which a permit is required ♦♦Work affecting life-safety matters The owner/builder exemption also has limits not necessarily well known. Here is what does NOT allow use of the exemption: ♦♦Person acting as a contractor while employed by or having a contract with the owner ♦♦Owner delegating supervision of work to a nonlicensed person ♦♦Owner’s failure to personally appear to sign the building permit application ♦♦Structure is a residence greater than two-family ♦♦Structure is commercial and work exceeds $75,000 ♦♦The property is for sale or lease now or within one year of completion of work, except: »»Repairing or replacing wood shakes or asphalt or fiberglass shingles on one-family, two-family, or three-family residences for the occupancy or use of such owner or tenant of the owner and not offered for sale within one year after completion of the work and when the property has been damaged by natural causes from an event recognized as an emergency situation 10

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designated by executive order issued by the Governor declaring the existence of a state of emergency as a result and consequence of a serious threat posed to the public health, safety and property in this state »»Installing, uninstalling, or replacing solar panels on one-family, two-family, or three-family residences and the local permitting agency’s county or municipal government is participating in a “United States Department of Energy SunShot Initiative: Rooftop Solar Challenge” grant; however, an owner must utilize a licensed electrical contractor to effectuate the wiring of the solar panels, including any interconnection to the customer’s residential electrical wiring and requires that the limitations of this exemption be expressly stated in the building permit approved and issued by the permitting agency for such a project Both of these exemptions from licensure are very susceptible to abuse and misuse and just exactly how that is prevented I always appreciate remains a big question. feedback, but I will I think it is fair to say that responsibility for especially appreciate enforcement begins a lot of feedback with the local building on this subject to department but ends with the Department help me and all of of Business and us understand more P r o f e s s i o n a l about how local and Regulation (DBPR). Let me explain what state government I mean by that. The regulators most meaningful or tangible limitations on understand their these two exemptions authority and are related to build- responsibility ing code requirements and call for some level when it comes of identification or to investigating observation by the loand prosecuting cal building, licensing or other enforcement unlicensed activity. department.


Initially, the building department has control over issuance of an owner/builder permit, but it also controls compliance through inspections. On the other hand, there is less control over handyman work because the exemption is intended for work not subject to a permit. Local governments may designate code enforcement officers to seek out and charge violators but that can be an expensive long shot. And once a local building department identifies a violation of either the handyman or owner/builder exemption, then it either is required by law or should be motivated to notify DBPR that there is unlicensed activity (or aiding and abetting unlicensed activity) that should be investigated and prosecuted. When a local building department catches someone abusing or misusing either exemption in a way that impacts a permit (one that has been issued or a failure to obtain one), there is a lot that can be done on the spot. However, it is not clear to me what happens locally when the violation does not impact permitting. Even if the local government does not take action, I would hope it has a process for submitting the information to DBPR where authority to prosecute is clear. If    you are looking for opportunities to meet with your local building/enforcement staff, this is a great topic for discussion or a presentation: how do you handle regulation of owner/builders and handymen, especially when you catch people cheating under these exemptions from licensure. To help guide the discussion, here is some general information on penalties available for unlicensed activity: Trent Cotney – Continued from page 8

awarding an entirely new project to a contractor without first publicly disclosing the project and allowing other contractors to bid on the job. The court held that the owner had the right to issue change orders, but did not have the right to fundamentally alter the terms of the contract to include the construction of the tunnel. Accordingly, the court held that the governmental entity could not issue the change order because it violated the statutory competitive bidding process. The doctrine of cardinal change may be a useful tool for contractors who are faced with unreasonable demands by owners for change orders which fundamentally alter the nature of the work to be performed on a project.

–RFM–

♦♦DBPR can issue cease and desist orders and seek injunctions ♦♦Certain local governments (not all) can issue cease and desist orders ♦♦Local governments can suspend or limit permitting privileges under certain circumstances ♦♦Unlicensed contracting is a crime: ♦♦First degree misdemeanor (up to 1 year in jail and/or $1,000 fine) for the first offense ♦♦Third degree felony (up to 5 years in jail and/or $5,000 fine) for any offense after the first one or during a declared state of emergency I always appreciate feedback, but I will especially appreciate a lot of feedback on this subject to help me and all of us understand more about how local and state government regulators understand their authority and responsibility when it comes to investigating and prosecuting unlicensed activity. You can reach me at afentriss@aol.com and please include “unlicensed activity” in the subject line so I do not accidentally delete your message.

–RFM– 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). 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 CourtAppointed 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 tcotney@trentcotney.com. Follow Trent Cotney at www.trentcotney.blogspot.com, on YouTube at FLConstructionLaw and on twitter @trentcotney.

www.floridaroof.com

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RICOWI Response Teams Provide Snapshot of Florida Roofing Industry Following Hurricanes By John Hellein, RFM Editor From 1996 to 2003, the Roofing Industry Committee on Weather Issues (RICOWI) prepared to send teams to the impact area of a major hurricane in the US. In 2004, Hurricane Charley struck Punta Gorda and Port Charlotte. Seven RICOWI response teams conducted field research in the days following the storm. The wealth of data collected has provided an opportunity for manufacturers and other industry representatives to better understand their products and installation techniques and make changes as needed. Just as Hurricane Charley provided a snapshot of the integrity, or lack of integrity, of roofing systems in the real world in August 2004, the next major storm will reveal whether industry efforts have resulted in actual improvements.

people started asking, “How can we learn better and get better information out?” The following year, the Roofing Industry Committee on Wind Issues was formed (“Wind” was changed to “Weather” in 1999 when hail was included in the scope of RICOWI’s investigations.) RICOWI sought to identify and address important technical issues related to the cause of wind damage. These issues included:

Getting Started In 1989, roofing industry representatives attended a seminar at Oak Ridge National Laboratory. Coming out of that seminar, manufacturers, installers and industry associations recognized the need for better communication within the industry. Dave Roodvoets of DLR Consultants in Grand Rapids, Michigan says

♦♦The collection and reporting of field data from response teams.

♦♦The dynamic testing of roof systems; ♦♦The significance of sample size for tests; ♦♦The role of wind tunnels and air retarders; ♦♦The need for acceptable procedures for ballasted systems;

Negative Reinforcement The collective experience following Hurricane Andrew made the need for a more disciplined approach to gathering and reporting information from such events even

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more clear. Roodvoets and many others witnessed a general lack of organization from the roofing industry. “We went out there after Andrew,” he recollects, “and we weren’t an organized effort. People felt that a lot of information being provided to the press was biased and unprofessional. [It was coming from] people who didn’t understand wind and rain issues.” Dave notes that it wasn’t just one or two people who felt this way, “It wasn’t just the shingle or tile or rubber manufacturers, many people within the industry felt strongly” that the questionable information being passed around was a disservice to everyone. Wind Investigation One way to overcome the chaos was to work together to methodically gather information following a major hurricane. To accomplish this, RICOWI formed a Wind Investigation Program (WIP) that included response Photos from the RICOWI Charley and Ivan Investigation report, published in March 2006. Above: Edge flashing teams. The goals of the program included: ♦♦Investigating field performance of roofing assemblies after major hurricane events;

damage on a low slope building in Port Charlotte. Below: A modified bitumen membrane that had been bonded to an insulation facer. The facer peeled away.

♦♦Factually describing roof assembly performance and modes of damage; ♦♦Formally reporting the results. Each response team would include people from various disciplines: manufacturers, contractors, consultants, scientists and government representatives each lend their knowledge and expertise to understanding how a storm affected various roofing systems. Phil Mayfield of PSM Consultants in Fort Worth, Texas serves as the current WIP Chairman. He appreciates how the Program has brought together people who would otherwise be competitors to facilitate the flow of unbiased information throughout the industry. “A manufacturer might always suspect data from other manufacturers,” he says. From his perspective, RICOWI provides a forum in which anybody in the roofing industry can participate in the research and reporting of information intended to benefit the entire industry. Hurry Up and Wait By 1996, when RICOWI incorporated as a non-profit organization, response teams were ready to deploy if needed. Agreeing to participate in a response team involved a considerable commitment of potential time and expenses. Individuals had to commit to taking time off from a regular job, which usually meant using vacation, and to cover their own expenses for travel to the damage zone plus food and lodging. The previous 1995 season had been very active (tied for third in modern history). Hurricane Opal had made landfall as a category 3 storm in the Florida peninsula and caused billions in damages. Certainly, expectations among the response teams at the beginning of the The edge flash damage of this roof in Punta Gorda initiated 1996 season were running high. The teams were ready, the roof blowing off. Inadequate anchoring of the mechanical however, none of the storms that year met RICOWI’s equipment caused damage to the spray polyurethane foam.

www.floridaroof.com

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criteria and they had to wait until the next year. built prior to the Florida Building Code and a majority At the beginning of the 1997 season, the teams were tile systems. The report states: again committed to be ready. And in 1998, and 1999 Teams identified numerous workmanship and… defects that led to significant damage in this For eight full years, from 1996 through 2003, [mortar application] system, including mortar the teams did not deploy. Every year, Roodvoets and paddies that were too small (i.e., not the #10 other participants worked to maintain the required trowel of mortar required) and improperly loreadiness for when a storm finally did hit. “There was cated mortar. In most cases, mortar paddies some activity,” Roodvoets recalls of those years, “but were 4–6 in. in diameter, in the centers of not storms that you want to send 60 people out to. We the tiles. This indicated that the mortar was became experts at watching too wet and too thin to storms form and then learning make contact with the tile how they fizzle or go someabove. It also suggested where else.” Despite the long lack of adequate contact wait, he says that there was with tile and/or understill a huge amount of interest layment to provide wind on the part of the people who uplift resistance. were involved. Every year, he Looking past that summary would start alerting people at observation to individual roof the beginning of the season in performance, it seems clear order to raise awareness. that installation procedures The relative tropical calm played a significant role in a in the US disappeared in roof system’s integrity during 2004 and the years of prepa- Hip and ridge damage on a four-story tile roof in the moment of truth. Two tile ration and vigilance paid off. Punta Gorda Isles following Hurricane Charley. roofs of buildings with similar RICOWI teams deployed to construction performed very Charley in mid-August 2004 and then to Ivan a month differently. Details for the following two multi-family later. In the aftermath of both storms, the teams colhomes that were built in 2003 include: lected enough data to publish a 260-page Charley and ♦♦Exposure: C (Located less than 400 feet from a Ivan Investigation report in March 2006. The report river.) was co-authored by Dave Roodvoets along with Peter Croft and Joe Wilson from FRSA member company ♦♦Wall Construction: Masonry Metro Roof Products and five other industry represen♦♦Roof Height: 40 feet tatives. The report is available for download at www. ♦♦Roof Slope: 5:12 ricowi.com/docs/reports/RICOWI_Ivan_Charley_ Report.pdf. ♦♦Roof Deck: Plywood Hurricane Charley RICOWI deployed seven teams to southwest Florida in mid-August after Charley brought 130 to 140 mph sustained winds to some coastal areas around Punta Gorda and Port Charlotte. Looking through the RICOWI report there are several notable observations: ♦♦Roof systems typically performed well when industry installation standards were followed; ♦♦Roofing systems typically performed poorly when they were not installed according to industry installation; ♦♦Modifications in some industry standards could result in better roofing systems (when those standards are conformed to). Here are some excerpts from the RICOWI report that demonstrate these observations. Team #1 began its investigation on August 18 in Punta Gorda, Punta Gorda Isles and Burnt Stores. Most of the homes that they investigated had been 14

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♦♦Wind Speed: 140-150 mph The first building was covered with medium profile concrete tile. According to the report, it performed very well and sustained about five percent damage with most of the damage occurring adjacent to mortared hip tiles that were loose. Tiles on this building were fastened with one 2-7/16 inch screw per tile. In contrast, the second building suffered approximately 80 percent roof damage. While the report notes that the tiles on the second building were fastened with one-component adhesive foam rather than nails, it points the blame not on the type of fastener used but on the failure to properly follow manufacturer guidelines: Close examination of the foam adhesive indicated that the foam paddies were improperly placed under tiles and were of insufficient quantity to make proper contact with the tiles. A significant number of tiles showed no evidence of making contact with the adhesive. In one roof area, the adhesive was placed as a


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May 2014

continuous bead instead of a paddy as required by the adhesive manufacturer. Two adjacent tile roofing systems with very similar construction. One, that followed industry installation standards, excelled; one, that failed to follow industry standards, never stood a chance. It took a major hurricane to reveal the difference. Role of Contractors and Inspections The findings of the RICOWI report, underlines the important role played by roofing contractors and building inspectors. As always, when a contractor focuses on professional installations that meet or exceed state and local code standards, he creates an opportunity to distinguish himself from a contractor who focuses on offering the lowest price. Robust inspections help uncover faulty installations that, otherwise, will not be revealed until the next major wind event. Storms like Charley not only reveal roof system integrity or its lack, they can also uncover accepted standards that need to be improved. This was the case for hip and ridge tile roof systems. Even the well-performing roof system example above suffered damage at the mortared hip tiles. The RICOWI report mentions many other instances of this happening: Tile damage was confined to the field tiles adjacent to mortared hip tiles that broke loose (p. 79).


We did find evidence of hip and ridge tiles that were installed with just mortar being dislodged and broken (p. 80). Hip and ridge trim tiles became dislodged and impacted field tile (p. 82). As a result of the information that researchers such as the RICOWI response teams provided from Charley, Ivan and other 2004/2005 hurricanes, Florida standards were modified. Within one year of Hurricane Charley’s charge across Florida, lessons learned about the performance of hip and ridge tile roof systems prompted new recommendations in the FRSA-TRI Fourth Edition Concrete and Clay Tile Installation Manual. The foreword of the revised “Instructions for Hip and Ridge Attachment” states: “These recommendations were developed after surveying the recent hurricanes and with input from the code, roofing and tile manufacturing community.” The Florida Building Commission modified the statewide code to provide improved requirements for roof tile attachment, to rate asphalt shingles according

to wind speed performance and to require legacy buildings’ roof decks to be re-nailed in compliance with current code standards when reroofs were performed. Additionally, the Florida Legislature mandated wind mitigation requirements that are enforced through periodic home inspections. When’s the Next Field Test? The 2004 and 2005 hurricane seasons provided Florida with a snapshot of the ability or inability of buildings in the state to resist major wind events. The industry benefitted with a wealth a knowledge that became available through the efforts of RICOWI response teams and other researchers. The real-world complexity of manufacturers, consultants, installers and inspectors means that it’s anybody’s guess how that information has helped improve the quality of roof systems in the homes and buildings people are using under blue skies. The guessing will be over when the next major hurricane strikes.

–RFM–

Preparing a Disaster Plan Before the Next Hurricane Can Help Your Company Survive According to U.S. Department of Labor statistics, over 40 percent of all companies that experience a disaster never reopen. Over 25 percent of the remaining companies close within two years. Creating a plan that will help mitigate the effects of a disaster can make the difference between your company surviving or not. Planning for a hurricane ahead of time can save a business owner thousands of dollars in lost revenue due to structural damage, building content damage, interruption of business operations and employee displacement. Advance planning and preparation are critical. All business owners should have a business emergency disaster and recovery plan. The plan should include steps to protect both your business and employees. The following checklist will help to prepare your business emergency disaster and recovery plan: ♦♦Review property insurance with your insurance agent to discuss adequate hazard, flood and business interruption insurance. ♦♦Establish written hurricane procedures for protecting business property and its contents. ♦♦If necessary, train employees to implement hurricane procedures. ♦♦Specify a timeline for when the hurricane procedures will be implemented. ♦♦Determine what emergency equipment and supplies are necessary. For example, heavy plastic

sheeting, duct tape, masking tape, sandbags, emergency generator, storm shutters, chain saw, plywood and hand tools. ♦♦Designate an individual and an alternate who will coordinate the implementation of the hurricane procedures. ♦♦Establish an employee alert roster, which will be used to notify employees that your hurricane plan has been activated. The alert roster will also be used to check on the status of employees during and after the hurricane. ♦♦Establish plans for protecting computers and files such as making multiple backup files and storing data in alternate, safe locations. ♦♦If necessary, develop a system for identification of employees. For instance, emergency vests with company name and logo, ID cards, vehicle permits, or badges. ♦♦Establish an emergency communication line to be used by employees and their families to obtain status reports and information pertaining to available assistance. For more information on how to prepare your business for a disaster, visit the US Small Business Administration at www.sba.gov/content/disaster-planning.

–RFM– www.floridaroof.com

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FRSA Joins the Conversation By Cheryl Sulock, CMP, FRSA Director of Convention and Trade Show In the past few months, FRSA has started to build its presence on several social media platforms that should make it easier for all of us to share information about the industry and to participate in the online conversation. “Social media is not the wave of the future, it is our present day and I could not be more excited that FRSA has joined the social media era,” says FRSA Public Relations and Marketing Co-chair Christina Sturgill of Gulfeagle Supply. “It is a major form of communication within our society and we will now reach a broader audience in being part of it.” So far, the social media channels that FRSA has joined include YouTube, Facebook and Twitter. YouTube The “FloridaRoof” YouTube channel (www.youtube.com/ user/FloridaRoof) provides videos on FRSA’s Annual Convention and Expo and the S.T.A.R. Awards. You can visit the channel today and share those videos with your friends and followers to help make those events stronger than ever before.

tweets that include that hashtag. Since tweets are public, it means that you don’t just see the tweets of the people you are following or who are following you, you also see all the tweets from anyone who has used the hashtag. Consider how the hashtag can be used… if an FRSA exhibitor wants to let people know about a new product or about a live demonstration, they can send out a tweet using the hashtag and anyone looking for information about the Expo using that hashtag will see it. When an exhibitor conducts a drawing and wants to announce the winner, the hashtag will help get the word out. At the Expo, the hashtag will connect roofing contractors with the exhibitors who are tweeting about the products and services the contractors are looking for.

Stay on the @FRSAExpo trade show floor throughout the day for your chance to win $500 cash. You must be present to win. #FRSAExpo14

Facebook Just last month, FRSA announced the launch of its We will be announcing the winner of our @FRSAExpo drawing in 30 Facebook page. We’d like to think our appearance had minutes... Stay tuned! #FRSAExpo14 something to do with the upward motion of Facebook stock in the days that followed! The page has been used to share articles, important links and industry updates. FRSA Convention is.gd/FRSAExpo14 Photos of the FRSA Board of Directors in action at the #FRSAExpo14 Be there or be square April meetings, the first seminar in the new FRSA training center and Josh Kaufman, son of Mark and Doris Kaufman of Mark Kaufman Roofing, performing on The The simulated tweets above provide a sense of the Voice are among the more popular posts. Haven’t visited communication that will be happening via the #FRSAExpo14 hashtag before, during and after the Florida Roofing & Sheet the page yet? Like us today at www.facebook.com/flroof. Metal Expo. Join the conversation on Twitter @FRSAExpo.

Twitter Some FRSA members report significant income from customers they initially met on Twitter. As the Florida Roofing & Sheet Metal Expo gets nearer, FRSA plans to take advantage of this easy-to-use communication tool: we have created the Twitter handle, @FRSAExpo, and will be using the #FRSAExpo14 hashtag for Expo-related tweets. We want to keep the conversation going throughout the event and Twitter is another way we can hear from and respond to our contractors and vendors. What’s a Hashtag Anyway? If you use Facebook but not Twitter, you may have occasionally seen words in a Facebook post that originated from Twitter and that are prefixed with the pound sign (#) #likeso. These words are called hashtags and they serve as keywords that allow you to quickly view related tweets. For instance, when someone sends a tweet about the FRSA Expo using the #FRSAExpo14 hashtag, you can click on the hashtag and you will be taken to a list of 18

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The New FRSA Expo App Also new for the 2014 Convention and Expo, FRSA will have a mobile event app – sponsored by Southeastern Metals. “Southeastern Metals is proud to be the sponsor of this year’s FRSA mobile event app,” says Chelsea Welsh, Corporate Marketing Manager for Southeastern Metals. “We believe in digital and social media and feel this app with allow individuals to enjoy a higher level of engagement at this year’s event. Our hope is that each attendee will benefit from the mobile app experience.” The new mobile event app will offer a complete schedule, exhibitor list, maps and important information right at your fingertips. Attendees will have the opportunity to view an expo floor plan, read session descriptions and link directly to FRSA’s social media sites. The app is still under construction, but can be downloaded at www.eventmobi.com/frsa. Additional information will be added to the app as the event approaches.

–RFM–


Gearing Up for the FRSA Educational Foundation 2014 Silent Auction Each year, the FRSA Educational and Research Foundation looks forward to an exciting FRSA Convention and Expo. It’s a great place to see the latest industry products, network with industry professionals, attend quality seminars and, of course, win big with the Foundation’s Silent Auction. This year’s Silent Auction includes some amazing gifts: from industry products and services to specialty gift baskets and electronics – you can’t beat the deals! We are so grateful to all of the valuable donors that make this possible and support our education and research programs. Each year, the Silent Auction generates thousands of dollars directly support the Foundation’s programs.

Thanks to the people and companies that have already pledged their support: Advanced Roofing, Inc Armstrong Roofing Atlas Roofing Corporation B & Z Custom Metals Dan’s Custom Sheet Metal Elite Island Resorts FM Conventions Contractors Cam Fentriss FRSA Self Insurers Fund Gaco Western, LLC GAF Corp Ken & Loretta Hartley Hunter Panels Jim Wilson & Associates Johns Manville

Karnak Corporation Manson Roofing Mark Kaufman Roofing Mission Inn Resort & Club O’Hagin Mfg Petersen Aluminum Corp Roof Hugger ROOFING FLORIDA Roy’s Orlando Sea Glass Fine Art Silvers Systems, Inc Simpson Strong-Tie Solovei Consulting Springer-Peterson Roofing & Sheet Metal Sun-Tek Skylights

For more information and to submit a donation, visit: www.floridaroof.com/silent-auction, snap the QR code or contact Erika at (800) 767-3772 ext. 127 or erika@floridaroof.com. Thank you! At the 2013 Silent Auction, FRSA Expo attendees find items donated by industry companies and individuals to bid on.

Remembering Four FRSA Members Joe Rutkoski Joe passed away on March 27 and was FRSA President in 1982, a Life Member, a Campanella Award recipient and served as an FRSA Self Insurers Fund trustee for many years. Joe was actively involved with FRSA until he retired recently.

Phyllis Dove Formerly of Dove Roofing, Tallahassee, passed away on April 24, 2014. Phyllis was the wife of FRSA Past President, Life Member and Campanella Award recipient Bob Dove, CPRC, and mother of FRSA Director Donna Dove (IKO) and FRSA Past President and Life Member, Jody Dove, CPRC, (ABC Supply). Condolences can be sent to Donna and Jody Dove, PO Box 437, St Augustine, FL 32085.

Ken Boysen Owner of Boysen Sheetmetal and Raincarrier, Penscola, passed away on May 13, 2014. Ken was an FRSA Past President and Honorary Member. Condolences can be sent to the Boysen Family at 50 N 68th Ave, Pensacola, FL 32506.

Melissa Ann Harris Owner and office manager of Family Pride Roofing, North Port, passed away on March 17, 2014. Condolences can be sent to husband Chris and brother Erik Bozich at Family Pride Roofing Inc, 3547 Ponce de Leon Blvd, North Port, FL 34291.

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Register at the Disaster Contractors Network Every opportunity to get your company’s name in front of best ways is through the DCN. You can register at the potential customers helps. Registering with the Disaster Disaster Contractors Network by completing a form at Contractors Network (DCN) provides you with a free www.dcnonline.org/register.cfm. opportunity to let people know the roofing services you –RFM– offer when normal means of communication may not be working. How Does it Work? In the aftermath of a major storm, DCN sends staff and computer equipment to wherever the Emergency Operations Center (EOC) has been established. From there, DCN gathers and posts information that is important to suppliers, contractors and consumers. You may be wondering what good a website like DCN will be when there is no power in an area as the result of a storm. The answer is that the EOC will have power and the DCN will be in a position to get information, such as which contractors are available to perform work and what suppliers have the material you need, out to the people in the affected area. If you want to be on the list of available resources following a storm, one of the

FRSA Building Networks to Be Ready When the Storm Hits By John Hellein, RFM Editor In 2005, Hurricane Wilma, the most intense hurricane ever recorded in the Atlantic, directly caused the deaths of five people in Florida and resulted in nearly $23 billion (2008 dollars) in damages. Wilma was the eighth hurricane to strike Florida in just two years. Now, Florida is getting ready to enter its ninth year of no hurricane activity. In the modern age, there has never been anything like the current lull (see page 7 for more details). One nearly unavoidable result from this lack of activity can be a loss of appreciation of the need for people and businesses to be prepared for the next major hurricane. Collectively, FRSA members and staff understand that not being ready is not an option. Being ready as an Association involves building our network of relationships with state and local government officials. These relationships enable the two-way flow of information when emergencies occur. One means of discovering new relationships is the annual Governor’s Hurricane Conference. This year Orlando hosted the event and FRSA’s Technical Director Mark Zehnal, CPRC, represented FRSA at its trade show booth. Hosting the booth allowed us to make contact with members of the emergency response community. 20

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May 2014

During one conversation, Mark and Disaster Preparedness and Response Committee Co-chair Charlie Kennedy spoke with Bryan Lowe, the Private Sector Coordinator from the State Emergency Response Team (SERT) and Peter Newman, Alternate Emergency Coordination Officer at DBPR. The conversation was an opportunity to demonstrate our experience with hurricanes in the past and to present the type of expertise and knowledge that the Association can offer to the people of Florida when they are looking for answers concerning roofing issues. The decision to permit out-of-state contractors to perform roof work was one topic that was discussed. Their presence in the state caused a lot of heartache for the residents and for licensed Florida contractors in the aftermath of those hyperactive seasons. Out-of-state contractors are unfamiliar with Florida’s codes that are typically far more rigorous than the codes of that contractor’s home state. Kennedy pointed to the lack of recourse for homeowners when an out-of-state contractor performs work and then leaves. He added that when out of state contractors use poorly trained employees or perform sub-standard work it can create workers’ compensation or homeowners


Left: At the 2014 Governor’s Hurricane Conference (left to right) FRSA Technical Director Mark Zehnal, CPRC; Bryan Lowe, Private Sector Coordinator for Florida’s State Emergency Response Team (SERT) and Disaster Preparedness and Response Committee Co-chair Charlie Kennedy. Right: Mark and Charlie discuss roofing code issues with Glenn Wardell from Pinellas County Building Services.

claims. Such claims have the potential to raise insurance As the conversation ended, everyone acknowledged rates for Florida-based contractors. the benefit of maintaining communication to work toNewman and Lowe listened sympathetically and ward a better understanding of how FRSA can serve the noted how much was learned by the emergency response people affected by the next hurricane. community in 2004 and 2005. One point that they –RFM– stressed is the importance of having plans in place before the emergency strikes.

www.floridaroof.com

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FRSA Training Center Open for Business

FRSA Participates in Hurricane Exercise

Two classes have already been conducted in the new FRSA Training Center in Winter Park. Jim Brauner of REF, Orlando, led a CERTA training course for approximately 20 people (top photo). Manny Oyola of Eagle Roofing Products taught a TRI seminar on the FRSA-TRI Fifth Edition Tile Manual that brought in nearly 30 industry members (middle photo). The new facilities worked great for both outdoor and indoor instruction. We are expecting delivery of the permanent tables soon. Projectors, screens and a portable sound system are all ready to go. The rest of the building is nearing completion as well. The FRSA Credit Union is planning to move to its new location in early June (bottom photo). If you are in the area, we encourage you to stop by for a tour.

FRSA Technical Director Mark Zehnal, CPRC, participated in Florida’s State Emergency Response Team (SERT) Statewide Hurricane Exercise this month. The annual event simulates emergency response efforts for a fictitious storm, “Hurricane Jones”. “Each year, the statewide hurricane exercise serves as an opportunity to flex our muscles and reaffirm relationships in preparation for the upcoming hurricane season,” said Bryan W. Koon, director of the Florida Division of Emergency Management. Like the Governor’s Hurricane Conference, the event was an opportunity for FRSA to strengthen ties with representatives from various industries who have a stake in disaster preparedness and response.

Support Keith Perry Representative Keith Perry is running for re-election in District 21 (Dixie, Gilchrist and western Alachua counties). As a roofing contractor, Keith understands the issues that face the industry and has been an advocate in the Legislature. You can support his re-election campaign with a financial donation or other support. For more information, visit www.votekeithperry.com. 22

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ROOFING FLORIDA – May 2014  

Hurricane Timeline: What’s Next? Contract Cardinal Changes Unlicensed Activity: Handyman and Owner/Builder Exemptions RICOWI Response Teams...

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