32 minute read

New Labor Laws Affect California Builders

New Labor and Employment Laws Affecting California Builders By Dwayne P. McKenzie and Cathy T. Moses

In 2019, the California Legislature passed several new employment laws that we anticipate will affect many builders in the State. Below is a summary of some of the most noteworthy new laws. AB 5 Redefines the Rules for Classifying Workers as Employees or Independent Contractors. AB 5 codified a new standard for employers to use in determining whether a worker is an independent contractor or employee. The law extends the holding issued by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). In Dynamex, the Court established a three-factor “ABC test,” which presumes that a worker is an employee unless an employer can establish that all of the following ABC factors are satisfied: (A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

The Supreme Court’s decision in Dynamex applied narrowly, in that it applied only to issues under California’s Industrial Welfare Commission (IWC) Wage Orders. With AB 5, however, the Legislature expanded the reach of Dynamex, so that the test now applies to a broader array of circumstances, including qualifying for unemployment insurance coverage, workers’ compensation benefits and employee rights under the California Labor Code.

Since independent contractor relationships exist in every industry, the impact of AB 5 is substantial. Because of Dwayne P. McKenzie Cathy T. Moses

this, many industries lobbied for and obtained exemptions that were included in the bill. For example, AB 5 includes a long list of exempt professions that are not subject to the ABC test, including licensed professions such as lawyers, architects, engineers, private investigators, and accountants; physicians; direct sales salespersons; and real estate licensees. A broad exemption also exists for business-to-business contracting relationships.

Importantly, for developers and builders, treatment of owner-operators of trucks and other equipment is a significant issue under AB 5, since they do not fit within the exemptions. Although an exemption exists for “construction trucking services,” it essentially prevents the use of brokers. That could create issues for contractors who often use owner-operators. Also, the construction trucking services exemption is set to expire in two years, creating uncertainty over the longer term as to the costs of AB 5 on construction.

The Legislature Seeks to Prohibit Mandatory Arbitration Agreements.

AB 51 bars employers from requiring as a condition of employment or continued employment that an employee waive a right, forum, or procedure relating to a violation of the California Fair Employment and Housing Act (FEHA) or the Labor Code. Thus, the law appears to prohibit mandatory arbitration agreements. It also prohibits employers from threatening, retaliating against, or terminating any employee or job applicant based on a refusal to consent to such a waiver.

However, the California Chamber of Commerce and other trade associations have challenged AB 51 in federal court on the grounds that it conflicts with the Federal Arbitration Act (FAA), which broadly favors the use of arbitration as a means of dispute resolution. If successful, the challenge could result in AB 51 becoming unenforceable. Employers need to continue to monitor the status of AB 51 as the challenges work their way through the courts. Limits on No-hire Agreements “No-hire” provisions are often included in settlement, separation and similar types of agreements and are designed to limit an employee’s ability to be reemployed by the employer in the future. In AB 749, the Legislature limited the use of no-hire provisions, stating that an agreement to settle an employment dispute must not contain a pro

HVAC Innovations (Continued from page 17)

the transition to climate-friendly refrigerants while saving energy, maintaining system reliability and ensuring food safety. Finalists in this category include: Emerson – Copeland™ End-to-End Solution for Micro-Distributed Architectures; Fresh-Aire UV – Ice UV-LED Disinfection System for IceMachines; and Sporlan Division–Parker Hannifan – SCS-PB Superheat Control System for Pulse Width Valve with Bluetooth feature. Software – Winner: Interplay Learning –SkillMill™ Skilled Trades Course Catalog Innovation: The Interplay Learning SkillMill™ Skilled Trades Course Catalog is an online, on-demand training course catalog designed for HVAC professionals to gain worksite skills accessible via mobile phone, computer, tablet, or in virtual reality (VR). HVACR professionals can sign-on to view expert-led video courses designed to first drive understanding, then move on to the interactive, 3D-based HVAC troubleshooting simulations delivered via field-like training. The training platform aims to provide scalable training that is robust enough to keep up with the growing skills gap as well as prepare HVAC techs quickly for every situation or scenario they might encounter in the real world. The use of state-of-the-art 3D simulations creates a unique, immersive learning environment for users. Finalists in this category include: Armstrong Fluid Technology – Pump Manager; BCA Technologies, Inc.– eRep CPQ; and Distech Controls – xpressNetwork Utility. Tools & Instruments – Winner: Matelex– DNI (détecteur de niveau intelligent/smart level detector) Innovation: Matelex has developed a détecteur de niveau intelligent/smart level detector (DNI) system that measures pressure, temperature and refrigerant levels every 2-3 seconds, as well as conducts a complete leak detection cycle every hour. The system is designed to trigger an alarm using algorithmic learning in the event of a detected leak. The smart refrigerant leak detection system is also coupled with a remote surveillance web interface (Sentinelle) to issue email alerts when a leak occurs. It is suitable for all refrigerants and tanks—vertical, horizontal, inclined horizontal—and connects to the IoT via WIFI, cable ethernet or 3G-4G modules. When tested in the food retail sector, the system has saved 79% of refrigerant compared to traditional methods due to real-time data alerts and increased responsiveness to system maintenance requirements. Finalists in this category include: Fluke Corporation –Fluke PTi120 Pocket Thermal Camera; Milwaukee Tool – M18 FUEL™ Pipe Threader w/ONEKEY™; and Topcon Positioning System, Inc. – Topcon GTL-1000. Ventilation – Winner: Infinitum Electric - Infinitum Electric, A Breakthrough HVAC Motor Innovation: The Infinitum Electric HVAC motor is significantly smaller, smarter and quieter than traditional electric motors. These benefits equate to an ultra-high-efficiency motor that results in up to 25% lower costs for customers. The motor uses a circuit board stator resulting in up to 60% less weight, superior durability, improved performance and enhanced IoT connectivity. Infinitum Electric aims to change the industry standard for motor size and weight. Finalists in this category include: American Aldes – IQ by ALDES (IQ-VFC) ERV/HRV-Integrated Vertical Fan Coil Units; Rosenberg USA, Inc. – Rosenberg “Generation 3” EC motors for plug fans and axial fans; and ZIEHL-ABEGG, Inc. – ZAbluefin. The AHR Expo provides a unique forum for industry professionals to meet under one roof to share ideas, discover new products and technologies and find solutions to the industry’s technical problems. n See page 38 for HVAC Product Focus. Attendees visit exhibitors' booths at the AHR Expo 2020 in Orlando. Photo: Geoff Stevens.

Many California Buildings Use Latest HVAC Technology Enlighted State Codes Drive Efficiency, But Modern Controls Needed For Best Results

By Bob Dills, Vice President, Western Allied Mechanical

Well, as usual, California leads the nation in energy conservation and other sustainable practices in our built environment. And more than ever, this is driven by our forward-thinking regulatory framework, specifically our Title 24 Energy Code. What many designers, builders, and building owners are just discovering, our most current version of Title 24 now requires office buildings with variable volume control to include occupancy sensing to shut-off the HVAC as lighting in unoccupied zones. This is rather simple if the building has modern intelligent and integrated controls. But it will drag some of those lagging behind into the modern age, kicking and screaming.

So creating truly high-performance buildings today is often simply a matter of meeting code.

That said, the technology embedded in our HVAC offerings is ever increasing. You really cannot justify

designing an HVAC system any longer that does not include substantial intelligence. Where it often falls short is in the area of proper servicing and continuous tuning to maintain peak efficiencies.

On the more advanced edge of new technologies are systems that do not utilize refrigerants for cooling, simply utilizing instead direct and indirect evaporation of water to maintain comfortable environments.

We are also seeing broad adoption of VRF (variable refrigerant flow) systems which allow for high energy efficiencies, while also permitting zones to either cool or heat individually from the same core equipment. The VRF market is dominated by Asian manufacturers such as LG and Sanyo for good reasons. Space comes as a premium and energy is expensive in those regions of the world. We don’t often think of ourselves as playing catch up to Europe and Asia, but in HVAC intelligence that is often the case.

And further, we see continued interest in radiant heating and cooling which allow for comfort control with a minimum spend for fan energy in high performance buildings.

Labor Laws (Continued from page 27)

vision that would prohibit the aggrieved person from obtaining future employment with the employer. An aggrieved person is defined as an individual who has filed a claim against an employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process.

Employers in the building industry should take steps to ensure that their human resources personnel stay apprised of these developments and consult with counsel if they have questions about compliance.

About the authors Dwayne McKenzie and Cathy T. Moses are partners at real estatefocused law firm Cox, Castle & Nicholson LLP. McKenzie represents employers, trade associations, owners, public agencies and labormanagement trust funds in employment law and traditional labor relations, ERISA matters and litigation in state and federal courts. Moses specializes in complex business litigation, including highstakes employment disputes. McKenzie can be reached at dmckenzie@coxcastle.com and Moses at cmoses@coxcastle.com.

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California Real Estate Seer's Startling Forecasts...

Micro colleges? Renter-based society? Farms inside buildings? 3D printers making dinner?

Knowing what’s coming down the road would make everyone’s life a lot easier, especially as we start a new decade. It would have been nice to be able to crystal ball what 2020 would be like back in 2010. That’s why Golden State futurist Christopher Lee’s forecasts are always so interesting—and useful. Here are some of his visions for the coming decade:

Christopher Lee

s My Place” will replace “My Space” as independent work ers seek to create virtual offices, project-based networks, connective portals and swarming venues. s A growing movement will rate all commercial and residential buildings on their “wellness” factor. s Shipping containers will continue to grow in popularity as places to live, work and shop (“Cargotecture”). s The “Tenant Chip” will be commonplace and a precursor to the implementation of biometrics body scans to enter buildings. s Increasingly, developers will be pressured to add at least one “public” feature to their projects. The focus will be on creating “gathering places.” s Windows in office buildings and apartments will use

electrochromic glass that enables the window to become a multimedia center. s Watch for the acquisition of one or more major multifamily firms by hospitality companies. s Approximately 20% of real estate firms in existence today will be gone.

s Autonomous vehicle sales will be 10%–15% of all global car sales. s By 2030, it may be against the law to drive in some major U.S. CBDs or to major airports. s New office space designs will incorporate holographic

and gesture/visual interface that will free up space now cluttered with hardware. s The concept of everyone getting a degree will have

come to an end as specialists and just-in-time certifications disrupt the current college/university industry. s The U.S. will have formalized its shift to a renter-based society as “renting” becomes the preferred lifestyle of choice of many. s Advancements in lighting, genetic crop modification,

energy management and water recycling will make yearround growing of food within commercial buildings commonplace. s Smart walls in apartments will be connected to local hospitals and one’s preferred physician to provide ongoing medical diagnoses.

s Watch for Google to acquire one of the top five global real estate firms. s By 2030, one could see 15–20 “country mergers.” s Leading hotel firms will be able to stimulate and simulate the experiences of their hotel (smell, feel, taste, visualize) from a mobile phone. s All best-in-class real estate firms will have an internal

and external innovation ecosystem. Vendors will become Strategic Partners. s Virtual stores using augmented reality could render

20%–25% of existing retail centers obsolete by 2030. s On-demand everything will create new product and

service delivery platforms that do not require traditional space. s By the early 2030s, 3D printers will be a standard appliance in most homes. s Office space will look more like your home, function like Marriott and look/feel like a Patagonian experience. The “business club” concept will become popular. s The long-term lease for all asset classes will decline as

flexibility, optionality and “on demand” occupier needs change. s Facial recognition systems will become the new key/lock system for apartments and offices. 31 California Buildings News • Q1 2020

s By 2030, much of the U.S. power grid will come from

blended sources. Coal usage will likely drop to less than 20% of the U.S. energy supply. s 70% of U.S. homes will have a robot and/or a virtual assistant. s Rooftops, windows, green walls and new HVAC systems could generate 40%–55% of building energy needs. s By 2030, the average American will have three to five packages delivered by drones weekly and will use a 3D printer to print hyper-individualized meals. s Nearly 70% of all doctor visits will have been replaced by machine diagnosis in your home or at work. s As much as 20% of new construction will be completed by robots and/or be a “printed” building. s By 2030, there could be a move to “Micro Colleges” that have three- to six-month apprenticeship, training and/or certification programs. s Within a decade, “floating cities” will become a reality. Within 30 years, there could be as many as 1,000 floating cities. s Severe water shortages will impact the “desirability” of owning real estate in such cities as Los Angeles, Phoenix, Atlanta, Las Vegas and San Antonio.

For Lee’s full report: www.celassociates.com and click on Newsletter.

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Green Building Efforts (Continued from page 7)

Private Sector Pushes for Better Air Quality, Energy Savings

Building industry associations are working closely with state and local governments throughout California to achieve healthier environmental goals. Leadership from groups like the American Institute of Architects, Building Owners and Managers Association, CoreNet, International Facility Managers Association, Institute for Real Estate Management, state and local apartment associations and the U.S. Green Building Council are making significant headway toward improving indoor and outdoor air quality by reducing energy and fostering more sustainable environments. All such organizations have comprehensive environmental programs involving widespread product and service partners. One group leading the effort is the USGBC of Los Angeles—an area most impacted by bad air quality. Its board members are particularly engaged.

Says Holly Hill, senior sustainability advisor at SoCal Edison and USGBC-LA Board chair: “Despite decades of air pollution control regulation and progressive environmental laws, air quality in the Southern California region still struggles to meet federal air quality standards. In 2019, the South Coast Air Quality Basin exceeded federal air quality standards for ozone on 126 days. This underscores the importance of creating healthy indoor air quality environments in our buildings. We have an opportunity, and an obligation, to ensure building occupants are surrounded by air, materials, and furniture that improve health and wellness. Buildings provide us with a unique medium to bridge indoor and outdoor environments and have a direct and immediate on occupant health and comfort.”

Cushman & Wakefield’s Melissa Gutierrez-Sullivan, vice president of sustainability and wellness, and a USGBCLA Board Member says, “LEED Zero is most relevant to California right now. A majority of my clients want to reduce their waste stream and are pursuing TRUE Zero Waste certification. In addition to that, I have more and more clients asking about Zero Carbon—they want to learn about it and are interested in pursuing. I think we will see these LEED Zero certifications as the next step in California buildings.”

Cassy Aoyagi, a USGBC-LA board member and owner of FormLA Landscaping, says her industry is key. "Landscaping practices can have a profound impact air quality both inside and outside our structures. Two decisions will maximize air quality near your home. First, plant living, native foliage that needs no chemical pesticides or fertilizers to thrive. Then, maintain it using either electric or people-powered equipment."

And Kathleen Hetrick, senior sustainability engineer at BuroHappold in Los Angeles and also a USGBC-LA board member, says “To make significant impacts on air quality, Red Lists (of building materials that contain toxic chemicals) are only a first step. Consider the recent severe wildfires: many building products considered healthy release toxic gases and dangerous particulates when they burn. Our experience collaborating on the design of the new Santa Monica City Services Building—expected to be the first U.S. municipal facility to achieve Living Building Challenge certification—revealed that manufacturers are often waiting for project teams to request healthier alternatives. Many reps we spoke with when sourcing cradle-to-cradle healthy products were eager for an increase in demand, because it helps them make the case for investment in greener chemistry.” Allan Robles, Urban Fabrick’s senior sustainability analyst in San Francisco, attended Greenbuild. His comments: “Many public and private global, regional, and local frameworks have been developed to counter the creation of emissions into the environment. Specific to Urban Fabrick’s presence at Greenbuild 2019 in Atlanta, a conference that convenes sustainability practitioners and allies from across the country and world, some relevant and promising strategies include: w Embodied Carbon: Now project teams can benchmark and track carbon dioxide emitted during building material manufacturing, transportation, and construction, with endof-life emissions. The Embodied Carbon in Construction Calculator (EC3) tool, launched at Greenbuild, leverages a robust database of building materials and third-party verified Environmental Product Declarations at no cost. w Regenerative Buildings: Some frameworks are now devising means for buildings to serve as contributing positive assets to their surrounding natural environment and communities. USGBC debuted LEED Positive, a vision statement and roadmap, which will challenge buildings to think beyond best practice. n “LEED Zero is most relevant to California right now. A majority of my clients want to reduce their waste stream and are pursuing TRUE Zero Waste certification. In addition, I have more and more clients asking about Zero Carbon.” — Melissa Guteirrez-Sullivan, Cushman & Wakefield

Landscape Q&A (Continued from page 11)

company understands this and will pay attention to the details that make the difference. Any company can show up and cut the grass, but a great company will excel at the details. “I want to be outside as much as possible. It invigorates me to walk around and breathe in the fresh air. I think people are starting to realize the great benefits of being outdoors. Landscape managed properly can attract more people to not only come outside, but to play outside, to work outside—which in turn can have great effects on our health and longevity. I don’t know the exact return in dollars, but I would take an educated guess that a healthier, more attractive landscape would enhance the value of most any property.” David McCullough, Principal Landscape Architect, McCullough Landscape Architecture, San Diego “Landscape is sometimes undervalued (or underappreciated) as an asset to a property, but it’s important to understand that the value it offers is greater than from a simple aesthetic standpoint. For example, it is true that a facility with no trees is less valuable than a property with trees (Healthy, mature trees add an average of 10 percent to a property’s value. USDA Forest Service). However, what is typically misunderstood is landscape material adds aesthetic value as well as providing natural air conditioning. In addition, people are simply made from the same biological matter as plant material. We connect to it. We live, learn, and work more efficiently when we are directly connected

to it. This fact has been scientifically substantiated on many levels and understanding this gives us clearer insight into its true value. Yes, much research has assigned considerable direct monetary value to healthy, vibrant property landscapes. However, there is far more to be understood about the indirect value of something that we as humans emotionally connect with.” Q: How can landscape design play a bigger role in achieving overall urban sustainability goals? Kikuta: “Urban environments are becoming increasingly devoid of open space and nature. This lack of landscaped space continues to impact the heat island effect and CO 2 emissions in our urban settings. By introducing more landscape areas into these zones, we are able to improve microclimate conditions by increasing the amount of shade with tree canopies on hardscape surfaces and reducing energy reduction and daylighting

(Continued on page 34)

Landscape Q&A

(Continued from page 33)

control on surrounding buildings, which helps cut CO 2 emissions. Research has shown that mature trees are one of the only aspects of a project that absorb CO 2 from the atmosphere rather than causing CO 2 .” Cristina Prevarin, Sustainable Landscape & PHC Manager, Gachina “Designing landscapes with native/droughttolerant plant material require less water and minimize the excessive use of fertilizers and pesticides. Good sustainable designs find the right plant for the right place, taking into consideration exposure, soil type, irrigation, resistance to pest and disease and so on. Usage considerations include selecting an appropriate tree: one that may provide shade for the public, cool down the buildings, and in general help lower the heat island effect. Green roofs, bioswales and bio retentions help hold storm water and retain pollutants that get washed off from the hardscape. Permeable surfaces, such as decomposed granite paths, pavers and mulched areas prevent soil erosion and water run-off. These environmentally friendly practices reduce our carbon footprint through conservation and efficient use of resources; minimizes pollution, disposal and runoff which improves air, soil and water quality; and reduces future maintenance. They provide habitats for wildlife, pollinators and plant material to thrive in harmony the earth’s resources.” McCullough: “The areas that landscape design has the greatest direct impact on urban sustainability goals are: Storm water: To date there is nothing proven more effective on storm water management (both from a qualitative and quantitative standpoint) than landscape and natural materials. Mechanical (man-made) methods are available but when it rains, the best way to clean runoff is to filter it though soil and roots. The best way to deal with runoff from heavy rains is to store it on site in a natural basin and let it slowly percolate into the ground water. Biomass: A common industrial revolution phenomenon known as heat-island effect, where urban environments can on average be 10 degrees warmer than rural environments, is by and large a result of building materials (such as asphalt) storing warmth that slowly emits heat into the atmosphere. This can be easily remedied by simply adding biomass into the urban environment. This means more trees and landscape. No other mechanical method has even marginally seen the success rate of these natural elements. Carbon sequestration: Scientists are diligently working on solutions to reduce greenhouse gases, as this poses the single greatest threat to the world as we know it today. Again, mechanical solutions are out there, but nothing comes even close to the potential of landscape materials as a solution. One incredible example is in a simple South African plant known as Spekboom. Q: How can we achieve water conservation while increasing the landscape footprint? Kikuta: “When landscapes are designed effectively, the selection of plant material with low water use requirements reduces demand on potable water. That’s the starting point. When available, taking advantage of reclaimed water or stormwater to irrigate the planting areas further reduces the water requirements. We have also designed landscapes with plant material that can flourish without supplemental water, and replaced groundcover with decorative rock or Tarbut V'Torah Greenroof project by LPA Inc. Photo: Costea Photography, Inc.

glass mulch, eliminating the need for an irrigation system. As an integrated firm, we also bring civil engineers into the discussions early in the process, which allows us to include reclamation and filtrations systems into the design from the start, instead of trying to paste them on to completed design.” Stacie Callaghan, Marketing & Communications Specialist, Gachina “Landscapes can thrive with efficient water management, sustainable practices and utilizing the latest in irrigation technology. Irrigation technology has skyrocketed in the past few decades. What used to be simple sprinklers, valves and battery-operated irrigation controllers have evolved into sprinklers with pressure regulators, drip conversions, valves with check points, rain sensors with automatic shut-offs and ‘smart’ irrigation controllers that allow you to program based on actual weather conditions and in ‘real time,’ remotely from your smart phone or PC. These technologies and more are designed to maximize water usage and minimize water waste and run off; all the while leaving a thriving landscape environment.” McCullough: “The simple answer here in California, for example is the State Water Conservation Ordinance originally passed and made state law in 2010 (and later amended).The State of California passed a law in an abbreviated form stating in the future most landscapes would need to reduce their water usage by 50%.The state required rigorous calculations be performed on new landscapes to prove this and the irrigation industry responded. Today, irrigation systems, like those manufactured by local industry leaders such as Hunter Industries (out of San Marcos, CA) have responded to the call. Today, landscape architects are using more native and drought-tolerant materials and the irrigation industry is providing much more efficient irrigation equipment, allowing our profession to address this item head-on in California.” Q: What new technologies are available to help landscape architects design more efficiently and creatively? Kikuta: “Within the studio, technology is everchanging and increasing our abilities to design in conjunction with our architectural and engineering partners. The biggest may be 3D visualization, which has increased the coordination between our disciplines and the ability to make decisions Above right: Towers at 2nd project by LPA Inc. Photo: Costea Photography, Inc. quickly and address issues simultaneously. This has also allowed us to be more creative in integrating our stormwater strategies with civil engineers.” McCullough: “Technology, as with many other industries has had some profound impacts in the world of site design. A few of note are as follows: Smart Cities: Today with the advancement of sensors, data collection and AI, we are seeing a transformation occur in the way we live, move, and connect in our urban, and even suburban environments. Mobility and our streets

Green roofs not only increase the landscape footprint on projects, but they decrease stormwater runoff, which reduces the required capture and treatment of stormwater.

— Kari Kikuta, LPA Inc.

are becoming more efficient. We are also seeing real-time design enhancements of public realms or street scenes with virtual or augmented reality that allow us to visualize the possibilities. User Interactive Environments: Technology is allowing us to connect with the site users in new and profound ways. An example is the way we can now use our phones, watches, laptops, and tablets to digitally interact with the neighborhood we are in. QR codes, GIS, and data collection allows us to better understand the way people use a space (or landscape). It helps us determine what works, what

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Landscape Q&A (Continued from page 35)

doesn’t, and how we can arrange space in more beneficial and efficient scenarios.” Q: Should we landscape rooftops, and how can this be done cost effectively? Kikuta: “Yes, when feasible, we should landscape rooftops. Green roofs not only increase the landscape footprint on projects, but they decrease stormwater runoff, which reduces the required capture and treatment of stormwater. Green roofs also benefit the environment through filtering pollutants, improving the air quality and providing opportunities for wildlife habitat. But not all green roofs are the same. There are generally two types of green roof systems, intensive and extensive. Intensive green roofs use a greater depth of soil while allowing for increased variety of plant types. But they can be more costly. Extensive green roofs are designed to have a reduced soil depth, which reduces the plant palette options, but they are more cost effective. They are also easier to implement in that you can purchase pre-grown planted tray systems that create an ‘instant green’ roof.” Lauren Galanes, San Francisco Branch Manager, Gachina “We should definitely landscape roofs which have been engineered to take the additional weight of landscaping, and which have access to irrigation. To do this cost effectively, we need to make certain plant material and planting media are appropriate to the climate and exposure so we are not continually needing to replant. Access for maintaining the installation is crucial and frequently overlooked by designers—enough room to bring necessary tools, plants for replacements, fall protection gear, soil or amendments, and room to remove green waste when needed. Intricate designs and patterns should be avoided due to the labor necessary to maintain divisions between plant varieties. Where possible, food can be grown as a community garden for residents who have no access to land—this eliminates the maintenance costs and give a huge value to the community.” n

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