NATIONAL ASSOCIATION OF STATE CONTRACTORS LICENSING AGENCIES
newsletter
Volume 10, Issue 3
July 2014
It doesn’t seem possible that the fiscal year 2014 is rapidly coming to a close. It’s been quite a year! The numerous projects our staff and leaders have undertaken are quite impressive. Some of the major accomplishments: • Our Strategic Plan for NASCLA has been completed thanks to many of our members who participated and the efforts of Michael Barrett, our facilitator. Many of the initiatives are already being worked on and the goals and objectives set forth in the plan will certainly guide NASCLA’s direction for the years to come. • The company merger was also a major accomplishment. At one time NERP, NPI and NASCLA were all part of NASCLA. By the time we get to Newport, Rhode Island, we will officially be known as NASCLA, a non-profit company. • The space next to our office in Phoenix has been purchased for future expansion and has been leased until the end of this year. • The Examination Committee continues to make strides promoting our accreditation program, and is considering a new venture: the electrical contractors’ accreditation. A meeting has recently, in Washington, DC, with NECA to discuss this issue; hopefully, the Board of Directors will support and embark on this new venture. • The Education Committee, which developed and promoted a state education program module and platform for pre-licensure, continuing education and remedial education. South Carolina has recently adopted the program for remedial education. Work is currently being customized to support this program which hopefully other states will take advantage of because of the value and savings NASCLA can provide managing a state’s education programs. • The Model Legislation and Special Projects Committee and the Resource Committee continue to work on a variety of projects. Meetings have already been scheduled for next fiscal year! • The Membership Committee continues to make strides in adding new states, agencies and contractors to our Association. Efforts continue to promote NASCLA and how it can help support and build better relationships in the industry and provide more effective and efficient registration and licensing. • A new Contractor’s Committee was recently established and will hold its first meeting in Newport this August. • The Publication Committee members and staff have recently reviewed bids from the RFP recently released for a new publishing company and interviewed potential vendors with hopes of having a signed contract before the end of this month. Two new code book publications were added this year! • The Residential Committee continues to upgrade our Disciplinary Database and assure members that our website provides adequate information on natural disasters. • The Program Committee has been diligently working putting the finishing touches on our conference in Newport, Rhode Island. The agenda is outstanding! • The Nomination Committee has reviewed applicants and will be making recommendations to the Board of Directors for selection of new officers. It is great that many willing leaders are ready to advance the objectives of this Association.
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NASCLA PRESIDENT MESSAGE CONTINUED... Inside This Issue: NASCLA President’s Message.................................1-2 NASCLA State Member Spotlight...................................3 NASCLA 2014 Budget Meeting....................................4 NASCLA Committee Reports...............................5-11 NASCLA News.....................11 CSLB Registrar of Contractors Announces Upcoming Retirement.............................12 NASCLA Past Board Member, Senator Tommy Morrison, Files for Re-Election in the Guam Election Commission..........................13 April Showers to April Storms -CLEAR Recognizes MSBOC..................................14 Two New Bills Passed for the Ohio Construction Industry Licensing Board....................15
• The Executive Committee, in conjunction with the Fiscal Committee, held a very productive budget meeting on the west coast. These committees have done an outstanding job keeping the organization so functional and effective as well as fiscally sound. As part of the merger of the companies, the Executive Committee will be consolidated as well. I cannot even fathom where this Association would be if not for all the time, effort and energy these members have exerted to make NASCLA what it is today! I greatly appreciate the support they have shown as well as the dedicated service they have contributed during their tenure. Executive Committee members leaving include Steve Pinther, Craig Smith, Kathy LeCroix, Greg Crow and John Curl. Robbie Brooks from our Fiscal Committee has also retired. None of these accomplishments would ever be possible without the leadership from committee chairs and co-chairs and the committee members who put their hearts and souls into being active participants in the Association. Teamwork is the key to the success of NASCLA. Members from all parts of our country have worked to make NASCLA the outstanding organization it is today. Our dedicated staff, as well as our consultants are vital components to NASCLA’s success. I would like to thank all of them for doing an outstanding job everyday! Thank you for putting your faith and trust in me to be your President once again. I hope the expectations of NASCLA were realized under my leadership. I am looking forward to seeing everyone and their families, as well as board members and staff members in Newport, Rhode Island in just a few more weeks! Safe travels to the Ocean State!
George Whalen NASCLA President
Mississippi Lien Law Changes Signed Into Effect.................15 Significant Changes to License Classifications and Examination Requirements in Arizona..................................16 NASCLA 2014 Annual Conference......................17-20 NASCLA Featured Resource................................21 Meet New NASCLA Members...............................22
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NASCLA STATE MEMBER SPOTLIGHT POTLIGHT! The Idaho Division of Building Safety The Idaho Division of Building Safety (DBS) is a dedicated fund agency within the Executive Office of The Governor. It derives its authority from the Idaho State Constitution and has evolved over time to perform functions previously assigned to state agencies as diverse as Labor and Industrial Services and Law Enforcement. DBS is Idaho’s licensing authority for journeymen, apprentices and contractors in the plumbing, electrical and HVAC trades and issues licenses to all contractors engaging in public works. DBS has developed testing programs for each discipline and provides 3 locations around the state open five days a week to ensure convenience for license applicants. DBS is host to seven (7) regulatory boards which set policy and establish operating procedures for a number of trade groups and members of the manufacturing sector. These boards are: • • • • • • •
Idaho Building Code Board Idaho Plumbing Board Idaho Electrical Board Idaho HVAC Board Idaho Modular Building Advisory Board Idaho Manufactured Housing Board Idaho Public Works Contractor Licensing Board
C. Kelly Pierce, Administrator, The Idaho Division of Building Safety
The Division is charged with monitoring and ensuring the safety of Idaho public school buildings as well as buildings owned or leased by the state of Idaho and carries out this responsibility through annual inspections of buildings statewide. DBS also operates Idaho’s elevator safety and inspection program and administers the Idaho Logging Safety Program in cooperation with the Idaho Industrial Commission. DBS is a self-funded agency, its approximately 135 full-time staff members performing their assigned duties through spending authority granted annually by the Legislature in an amount averaging $11-15 million.
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NASCLA 2014 BUDGET MEETING The NASCLA 2014 Annual Budgeting Meeting was held in Santa Barbara, California on June 10-11 at The Fess Parker Doubletree Hotel. The NASCLA Executive Committee and Fiscal Policy and Procedures Committee Members were in attendance to review the interim financials for the National Association of State Contractors Licensing Agencies and NASCLA Educational Resources and Publications. The annual meeting was conducted to review financials and prepare the consolidated forecasted budgets for Fiscal Year 2014/2015. The information from this meeting will be presented to the NASCLA Board of Directors on the board conference call in July 2014.
NASCLA Fiscal Policy & Procedures Committee Meeting. Left to Right: Robbie Brooks, Joseph Rogers, Michael McDuff, Greg Crow, Keith Warren, Kathy LeCroix, John Curl, George Whalen and Angie Whitaker, NASCLA Executive Director.
The committee members also worked on other business related items for the association during their meeting time. The committee reviewed the new NASCLA Strategic Plan that was developed by the NASCLA Board of Directors at the NASCLA 2014 Mid Year Meeting. During this discussion, Steve Sands, NASCLA Board of Director and Registrar of the California Contractor State License Board (CSLB), was able to join the committee members for an in-depth discussion on how to implement the strategic plan successfully. Mr. Sands discussed the CSLB Strategic Plan and their board accomplishments. Mr. Sands will be retiring from the CSLB at the end of December 2014. Overall, the meeting was very successful and productive thanks to the committee members’ efforts and dedication during the course of the two-day meeting.
Michael McDuff, Executive Director, Louisiana State Licensing Board for Contractors; Margi Grein, Executive Officer, Nevada State Contractors Board; Steve Sands, Registrar, California Contractors State License Board and Greg Crow, Administrator, Arkansas Contractors Licensing Board.
NASCLA Fiscal Policy & Procedures Committee and their guests enjoyed a Pre-Conference Dinner at Lucky’s Steak and Seafood Restaurant on Monday, June 9, 2014.
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NASCLA COMMITTEE REPORTS NASCLA Accredited Examination Program Committee; Doug Traylor, Chair FY 2013/2014 Committee Projects •
NASCLA Accredited Examination Program Survey • Target Residential/General and Electrical Licensing. • Follow-up calls and correspondence to targeted state agencies that have this classification. Outreach to NASCLA State Member Electrical Boards. • Work with targeted trade associations.
Committee Update The committee is targeting the electrical examination as the next accredited examination program. NASCLA had a meeting with the National Electrical Contractors Association (NECA) in April 2014 to discuss the national acceptance of a NASCLA Accredited Examination Program for Electrical Contractors. The committee will continue working with NASCLA Member states and non-member states that provide electrical examinations to get their commitment to the program as well. The committee will have a physical committee meeting during the NASCLA 2014 Annual Conference.
NASCLA N ASCLA A Education Educat tion Comm Committee; mittee;; JJohn ohn Cu url,, Chai ir Curl, Chair FY 2013/2014 Committee Projects F Y 2013/ 3/20144 Com mmittee P rojects j s • •
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Committee C ommit ttee Upda Update ate NASCLA N ASCLA has has received d notificatio cation on that the SSouth outh Caro Carolina olina Reside Residential ential Builders Commission the C ommissiion will be aaccepting ccepting th he NASCLA A Education n Program and and Platform m for theirr rremedial emedial training training and d potential pre-licensure. pre-licensu ure. Additional Additio onal state members members aree currently education rreviewing eviewing the educati ion program m for acceptance. accep ptance. JJohn ohn Curl,, George W halen, and Angie Angie Whitaker Whiitaker are currently cu urrently working worrking with our our Whalen, E ducation n Provider and and the South Soutth Carolinaa Residential Residentiaal Builders Commission Commission to Education their program July/August llaunch aunch the eir p rogr g am m in July y/Auggust 2014.
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NASCLA COMMITTEE REPORTS CONTINUED NASCLA N ASCLA M Marketing arketing C Committee; ommittee;; Greg Crow,, Chair FY 2013/2014 3 4 Committee Projects j •
NASCLA Marketing Committee Plan – Target States that are Interested in Administering/Accepting the NASCLA Accredited Examination Program for Commercial General Building Contractors.
Committee Update One of the NASCLA Marketing Committee responsibilities is to target states that are interested in the NASCLA Accredited Examination Program Committee. As of December 2013, the Nevada State Contractors Board is now accepting the NASCLA Accredited Examination Program for Commercial General Building Contractors. On June 13th, Greg Crow, George Whalen and Angie Whitaker had a meeting with a Western State Member to discuss their interest in accepting the NASCLA Accredited Examination for Commercial General Building Contractors.
NASCLA Membership Committee; Melissa McBride, Chair FY 2013/2014 Committee Projects •
•
• •
NASCLA Membership Plan Promotion for State Members/Local Jurisdiction, new first time state members will have a complimentary free membership for the first year only, ongoing. NASCLA Membership discount to new first time business, contractors associate and affiliate members; they will receive a 50% membership discount off the regular membership dues rate. Effective September 1, 2013. NASCLA Membership Committee to continue state outreach efforts to non-members and members. The committee will look into applying special publication discounts for NASCLA Members.
Committee Update Melissa McBride and staff have worked on updating the NASCLA Membership Plan for 2014 and the non-state member targeted list. Outreach calls have already been made by Melissa McBride, George Whalen and Angie Whitaker to a few potential new state members and existing states for membership renewals. The committee held a conference call on May 29, 2014, in which the committee updated the current membership plan. The committee will be targeting the New England states for membership and inviting them to the NASCLA 2014 Annual Conference in Newport, Rhode Island. The committee will have a physical committee meeting during the NASCLA 2014 Annual Conference. 6
NASCLA COMMITTEE REPORTS CONTINUED NASCLA Model Legislation & Special Projects Committee; Jamie Durham, Chair FY 2013/2014 Committee Projects • •
• • •
NASCLA Model Legislation & Special Projects Physical Committee Meeting in FY 2013/2014, in early spring. NASCLA Investigator Training Program, Completed • Develop NASCLA Education Provider Application • Develop Time Requirements for each Training Module • Training Courses launched at the NASCLA 2014 Annual Conference Laws for the NASCLA Resources Committee Toolkit for Contractor Regulators on Elderly Abuse Prevention and Natural Disasters. Code of Ethics for Contractors Rules and Regulations
Committee Update The committee is continuing their work on the NASCLA Investigator Training Program. The NASCLA Staff has updated the NASCLA Elder Justice Module with state specific statutory language. The committee is now scheduled to meet during the NASCLA 2014 Annual Conference to continue their research and discussion.
NASCLA Nomination Committee; Steve Pinther, Chair FY 2013/2014 Committee Projects •
NASCLA Officers & Board of Director Nominations for FY 2014/2015 (Elected at the NASCLA 2014 Annual Conference)
Committee Update The committee held a conference call on May 28, 2014. During the conference call, they reviewed the NASCLA Secretary Position nominations and have formulated a nomination committee plan to present to the NASCLA Board of Directors during the NASCLA 2014 Annual Conference.
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NASCLA COMMITTEE REPORTS CONTINUED NASCLA Program Committee; Keith Warren, Chair FY 2013/2014 Committee Projects •
•
NASCLA 2014 Mid Year Meeting • Formulate Meeting Agenda • 1-Day Strategic Planning Meeting with Michael Barrett, Facilitator, and NASCLA Board of Directors • NAHB Design and Construction Week, NASCLA Supporting Member NASCLA 2014 Annual Conference • NASCLA 2014 Annual Conference Identify Speakers • Formulate Conference Agenda and Conference Sessions • Target Sponsorships
Committee Update The NASCLA Program Committee held a conference call on February 14, 2014 to continue the planning preparations for the upcoming NASCLA 2014 Annual Conference in Newport, Rhode Island. During the conference call the committee members finalized the program agenda and speakers. They are continuing sponsorship recruitment efforts at this time. They also confirmed the NASCLA 2015 Mid Year Meeting will be held at the Westin Hotel in Huntsville, Alabama on March 11-13. NASCLA Staff conducted a site visit for the NASCLA 2015 Annual Conference in San Diego, California in June 2014. A future conference call to discuss the hotel location will be held in July 2014.
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NASCLA COMMITTEE REPORTS CONTINUED NASCLA Publications Committee; Greg Crow, Co-Chair George Whalen, Co-Chair Fy 2013/2014 Committee Projects •
• • • • •
NASCLA Consumer Guide for Home Improvement Projects Publication, Completed. 1. Target Insurance Companies and Trade Associations 2. Publishing Licensing Agreement NASCLA Online Training Program on the NASCLA Contractors Guide to Business Law and Project Management, Basic Edition. NASCLA Publications Brochure Update. NERP Website Navigation Updates. Expand NASCLA Code Publications. HVAC Publication.
Committee Update The committee held a conference call on May 14, 2014 to determine the top finalists for the NASCLA Publisher & Desktop Publisher RFP that was released on March 11, 2014. The Committee Co-Chairs interviewed the top Publishing RFP finalists at the NASCLA office on June 13, 2014. The committee will be making a final recommendation on the NASCLA Board of Directors conference call in July 2014. The committee will have a physical committee meeting during the NASCLA 2014 Annual Conference.
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NASCLA COMMITTEE REPORTS CONTINUED NASCLA Residential Committee; Janet Baumberger, Chair FY 2013/2014 Committee Projects •
• •
• • •
NASCLA Consumer Guide for Home Improvement Projects, Ongoing. • Develop Marketing Plan and Materials • Target Insurance Companies and Trade Associations (NAHB) • Publishing Licensing Agreement NASCLA Online Training Program on the NASCLA Contractors Guide to Business Law and Project Management, Basic Edition. NASCLA Code Publications with the State of Kentucky and ICC, finalize the Kentucky Building and Residential Code Publications. Continue to market to other states. States that have expressed interest: Alabama, Arkansas and Idaho. Review legal comments regarding deadline dates and penalties from Reese Anderson, NASCLA Legal Counsel, on JF Publishing Contract. NASCLA In-house publishing option towards to end of JF Publishing Contract. NASCLA State Publishing Production Schedule and Agreements.
Committee Update The committee held a conference call on January 30, 2014 to review the NASCLA Contractors Disciplinary Database IT updates on the new features and upgrades to the system. The committee would like to promote the NASCLA Contractors Disciplinary Database upgrades at the NASCLA 2014 Annual Conference.
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NASCLA COMMITTEE REPORTS CONTINUED NASCLA Resources Committee; Margi Grein, Chair FY 2013/2014 Committee Projects • • • •
Finalize Government Affairs/Legislator Partnering Plan for NASCLA State Members. Social Media Plan & Continue Presentations at NASCLA Meetings/Conferences. Business Assistance Program. NASCLA Resources Physical Committee Meeting in FY 2013/2014.
Committee Update On May 8, 2014, the committee held a conference call to discuss their current tasks on 1) Social Media 2) Understanding the Board’s Role in a Legislative Environment and 3) Business Assistance Program. The committee focused on Social Media, developing a sub-committee that will be looking into the pros/cons of the mobile contractor app which is becoming more popular throughout the states. The committee also worked on a sub-committee plan to continue their efforts on Understanding the Board’s Role in Legislative Environment. The committee agreed that finalizing these two projects will be their first priority and will schedule separate smaller conference calls within the sub-committees to discuss the projects further. The committee will have a physical meeting during the NASCLA 2014 Annual Conference and also have another physical committee meeting scheduled for October 10-11, 2014 in Henderson, Nevada.
NASCLA NEWS
NASCLA Staff Welcomes New Administrative Assistant, Kristy Trebilcock Kristy Trebilcock currently serves as NASCLA’s Administrative Assistant. Kristy joined the NASCLA Staff in May of 2014. Her primary responsibilities are with NASCLA Educational Resources and Publications, providing knowledge on the NASCLA Contractors Guide to Business Law and Project Management Editions and NASCLA Accredited Examination for Commercial General Building Contractors to state contractors licensing candidates. Kristy also works closely with NASCLA’s Executive Director, Program Manager and Publications Coordinator to carry out association projects and maintain the day to day office duties. In December of 2006, Kristy graduated from the University of Pittsburgh with a Bachelor of Arts Degree in Communication. She also has a strong background in the Hospitality Industry, previously working as a Sales Administrative Assistant at the Sheraton Phoenix Downtown Hotel. 11
NASCLA STATE MEMBER NEWS
CSLB Registrar of Contractor Announces Upcoming Retirement Steve Sands to step down at year’s end after leading Board since 2001 SACRAMENTO — Steve Sands, who’s been at the helm of the Contractors State License Board (CSLB) since January 1, 2001, has announced his plan to retire at the end of the year. Mr. Sands made the announcement at CSLB’s quarterly Board meeting, held on April 24, in San Diego. As Registrar of Contractors, Mr. Sands serves as the CSLB executive officer and oversees a $60 million budget and more than 400 employees at CSLB headquarters in Sacramento and 10 other offices around the state. Under Mr. Sands’ leadership, CSLB has been recognized as a leader in proactive enforcement programs and partnerships with state and local agencies that help curb the underground economy. CSLB’s Licensing, Examination, Enforcement, and Public Affairs programs have been used as models for the National Association of State Contractors Licensing Agencies (NASCLA) and other agencies within the Department of Consumer Affairs. “Steve has done a remarkable job, expertly guiding the Board through tumultuous budget times, including deep staff cuts,” said Board Chair Joan Hancock. “He’s always made consumer protection his top priority, while also working to protect the integrity of the state’s construction industry. He’s going to leave some very big shoes to fill.” Prior to coming to CSLB, Mr. Sands was Executive Officer of the California Architects Board from 1986-2000. From 1978-1986, he worked in the Department of Consumer Affairs Executive and Legislative Offices. Mr. Sands has served on the NASCLA Board of Directors since 2001. Steve is also a NASCLA Honorary Member for his tenure on the NASCLA Board of Directors. The NASCLA family congratulates Mr. Sands on his commitment and service to the Board and citizens of California. NASCLA wishes Mr. Sands much happiness in his well-deserved retirement.
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NASCLA STATE MEMBER NEWS NASCLA Past Board Member, Senator Tommy Morrison, Files For Re-Election In The Guam Election Commission Senator reflects on accomplishments, looks forward to progress. June 6, 2014 Hagatna, Guam. Senator Tommy Morrison filed his bid for re-election with the Guam Election Commission this afternoon at 3pm with his wife Stephanie and children Gage and Jewel. “The past year-and-a-half in elected office have been a privilege and I’m pleased with the accomplishments of my office. We have fulfilled our commitment to the youth as well as our commitment to improve government customer service using technology,” Morrison said. In 2012, Senator Tommy Morrison committed to a platform dedicated to the youth as well as improving customer service through e-government initiatives. “Working with Senator Chris Duenas, my office worked on landmark legislation that has created approximately $1.5 million per year in funding for our village and school sports facilities,” Morrison said.
Tommy Morrison, NASCLA Past Board Member, Guam
Senator Morrison also worked with the Vice-Speaker in authoring legislation that created the Office of Technology and the position of Chief Technology Officer. “This office is responsible for coordinating e-government initiatives throughout the Government of Guam, and bring more services online for our community,” Morrison said. The Vice-Speaker has called this legislation the most significant legislation passed by the 32nd Guam Legislature. In an effort to place a greater importance and focus on Guam’s history and Chamorro heritage, Morrison authored p public law that sets aside “Guam History and Chamorro Heritage Day.” “If I am given the privilege of a second term, I want to ensure that the laws I have worked on are fully executed, and I want to continue my focus on youth, e-government, and heritage.” ***** For more information contact Tommy Morrison at 671-482-5346 Visit the link below for video: Filing Day http://youtu.be/UmiXofJoUn4
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NASCLA STATE MEMBER NEWS
April Showers to April Storms - CLEAR Recognizes MSBOC
In the month of April, severe thunderstorms and tornadoes wreaked havoc on homes and businesses across Mississippi. Multiple supercell thunderstorms produced many instances of damaging wind and large hail along with multiple tornadoes. The most devastating tornado was an EF-4 which tore a path across NE Leake County, the corners of Attala and Neshoba counties, and through the heart of Winston County, Mississippi where the city of Louisville was especially hard hit. This tornado was on the ground for over 34 miles and resulted in 10 fatalities and many injuries. Other hard hit areas included Lee County, Lowndes County, Rankin County, Hinds County, Scott County, Newton County, MSBOC Enforcement Officer Joe Hawkins assists contractors with licensing requirements and warns consumers about common scams Montgomery County, that occur after a disaster. Warren County and Jones County. Each of these counties experienced at least one tornado, some multiple tornadoes. Overall, 21 tornadoes were confirmed across the forecast area. Of these tornadoes, 3 were rated EF-3, 3 rated EF-2, 12 rated EF1 and 2 rated EF-0. MSBOC Disaster Response Team trailer.
Following the deadly tornado outbreak, members of the Mississippi State Board of Contractors Disaster Response Team were dispatched to the affected areas to warn property owners about common scams and fraudulent contractors who take advantage of individuals, especially in disaster situations. MSBOC staff worked with local, state and federal officials to urge property owners to be vigilant when contracting for storm damage clean up and repairs. The Council on Licensure, Enforcement and Regulation (CLEAR) recognized MSBOC’s proactive response to public need in the wake of the spring storms describing the agency’s efforts as “regulatory excellence.”
An individual documents damage to a business in Richland, MS.
A storm chaser captures this image of one of the tornadoes that hit Louisville, MS.
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A resident sifts through rubble at her residence.
NASCLA STATE MEMBER NEWS Two New Bills Passed for the Ohio Construction Industry Licensing Board Article by Carol Ross, Executive Secretary, OCILB On June 4, 2014 S.B. 78 passed. This was a cleanup bill for the Ohio Construction Industry Licensing Board (OCILB). The new law now states that the license holder (contractor) shall “employ” the trades people performing the work. It goes on to say the trades people must be “employed” by the contractor. S.B. 78 also states that a contractor “shall” assign a contracting company name to his license. These changes have been proposed for about three years and have finally become law. The changes are an attempt to stop selling of licenses by licensed contractors to unlicensed contractors. On that same day, June 4, 2014 H.B. 486 passed. This bill reduces continuing education hours from 10 hours a year to 8 hours. The bill also allows contractors to renew every year, every two years or every three years. This is an incentive program for those contractors who always complete their renewal requirements on time. If a contractor renews late in the future, he must take the 10 hours continuing education and he must renew on a yearly basis. He will not be eligible for the incentive program.
Mississippi Lien Law Changes Signed Into Effect Article by Jamin Wroten Mississippi was once one of the only states in the country that offered subcontractors no lien rights on a construction project. Instead, subcontractors could assert a stop payment notice and make a claim on monies in the hands of the owner. Last year the U.S. Fifth Circuit Court of Appeals struck down the stop payment notice provision as unconstitutional leaving subcontractors with no statutory payment protections on un-bonded jobs. This year, the Mississippi State Legislature rewrote the lien law for commercial and residential construction projects. Governor Phil Bryant signed Senate Bill 2622 into law which requires those seeking to file a lien to comply carefully with strict notice and filing requirements. Failure to comply with the new requirements could lead to a lien being ineffective or unenforceable. The new law also requires contractors to be properly licensed in order to assert lien rights. MSBOC Enforcement Director Charles Sharman explains the licensing process.
The Mississippi State Board of Contractors is partnering with the Mississippi Development Authority’s Minority and Small Business Development Division to help educate contractors about the new lien law and how to become properly licensed. Seminars are being conducted throughout the state to help construction tradesman and others who want to learn the ins– and—outs of Mississippi’s new construction lien law. 15
NASCLA STATE MEMBER NEWS Significant Changes to License Classifications and Examination Requirements in Arizona
Effective July 1, 2014 Arizona contractor rules will undergo some significant changes. These changes will (1) consolidate license classifications, (2) increase the dollar limitation of several license classifications, and (3) establish criteria for waiving trade exams for applicants with comparable licenses in other states. (1) License Classifications License classifications and their scopes are established in rule (administrative code) in Arizona. The rules on these license classifications were last updated in 1998. Since that time, Arizona contractor licenses have been divided into 238 different license classifications. This is far more than other states. The primary factor of this overwhelmingly high number is Arizona’s distinguishing between commercial, residential, and dual (commercial and residential) license classifications. Having different licenses for these categories essentially results in a triplication of the licenses. For example, a contractor could have a residential flooring license, a commercial flooring license, or a dual flooring license. Effective July 1, 2014, Arizona will consolidate license classifications for many licenses. After the consolidations, Arizona will be left with roughly 120 classifications. These consolidations will make Arizona contractor license classifications much more consistent with other states. (2) Dollar Limitations Several Arizona contractor licenses have a maximum dollar limitation. For some licenses these dollar limitations have not been adjusted for inflation since before 1998. Effective July 1, 2014, Arizona will increase the dollar maximum for the following licenses: • B-2 General Small Commercial Contractor, • C-61 Limited Remodeling and Repair Contractor, and • C-62 Minor Home Improvements. (3) Waiving Trade Exams Passing a trade exam is one of the requirements necessary to be approved for an Arizona contractor’s license. A trade exam helps the ROC assess whether an applicant has the knowledge required to perform the type of work authorized by a license. Unfortunately, in situations where a qualified licensed contractor from another state seeks to get a license in Arizona this required trade exam functions more like an unnecessary hurdle. Effective July 1, 2014, Arizona rules will authorize waiving the trade exam where: • The applicant/qualifier has taken and passed a trade exam that led to the approval of a contractor’s license in another state; • The contractor’s license has been active and in good standing within the preceding five years; and • The exam content and the license classification are equivalent to the Arizona exam and license for which the exam waiver is being requested. These rule changes will benefit contractors by (1) making Arizona license classifications much more consistent with other states, (2) expanding the work allowed under some licenses; and (3) removing an unnecessary hurdle for qualified applicants. 16
NASCLA 2014 ANNUAL CONFERENCE The NASCLA 2014 Annual Conference marks the celebrating of 52 Years of Excellence in Regulation! NASCLA welcomes you to join us in Newport, Rhode Island on August 25 - 28, 2014 at the Hotel Viking. United with colleagues from all jurisdictions, attendees will find tailored sessions to both Regulators and Contractors. Featuring some of the industries top experts these general sessions will include presentations on a Consumer Protection, Construction in the Current Economy, Top Regulatory Cases, Construction Productivity and Executive Director/ Board Chair Training. Share in the wealth of knowledge and experience all that NASCLA has to offer by joining us at this year’s annual conference!
Agenda At-A-Glance Monday, August 25th
Tuesday, August 26th
8:30 AM - 9:30 AM: NASCLA Fiscal Policy & Procedures Committee Meeting
8:30 AM - 8:50 AM: Welcome Message and Newport Presentation Presented by: George Whalen, NASCLA President and Anne Roberts, Newport CVB
9:30 AM - 11:30 AM: NASCLA Executive Committee Meeting
8:30 AM - 9:15 AM: Special Guest Breakfast and Newport Presentation Presented by: Newport CVB
11:45 AM - 1:45 PM: NASCLA Board of Directors Luncheon Meeting 2:00 PM - 3:00 PM: NASCLA Contractors Committee Meeting
8:50 AM - 11:00 AM: Pursuing the Predators: How To Get A Felony Conviction Instead Of A Citation Against Those Who Target Elderly Victims of Contractor Fraud Presented by: Paul Greenwood, San Diego, Deputy District Attorney, Head of Elder Abuse Prosecution Unit
2:00 PM - 2:30 PM: NASCLA Resources Committee Meeting 2:30 PM - 3:00 PM: NASCLA Membership Committee Meeting 3:00 PM - 3:30 PM: NASCLA Publications Committee Meeting
11:00 AM - 12:00 PM: Improving Construction Industry Productivity Presented by: Mike Bellaman, President and Chief Executive Officer, Associated Builders and Contractors (ABC)
3:30 PM - 4:15 PM: NASCLA Accredited Examination Program Committee Meeting
12:00 PM - 12:30 PM: Energy Efficiency Presented by: To Be Determined
5:00 PM - 6:00 PM: Opening Reception
12:30 PM - 1:30 PM: Group Lunch 2:00 PM - 5:00 PM: Newport Area and Newport Vineyards Winery Tour
** Agenda is Tentative and Subject to Change 17
NASCLA 2014 ANNUAL CONFERENCE Agenda At-A-Glance Wednesday, August 27th
Thursday, August 28th
8:30 AM - 9:30 AM: Will the Real Economy Please Stand Up! Presented by: Elliot Eisenberg, Ph.D., GraphsandLaughs, LLC
8:30 AM - 9:30 AM: Effective and Efficient Boards: What Does that Mean and How is it Measured? Presented by: Dale Atkinson, JD, Atkinson & Atkinson, Executive Director, Federation of Associations of Regulatory Boards (FARB)
9:30 AM - 10:30 AM: Testifying at Administrative and Criminal Proceedings a NASCLA Investigator Training Module Presented by: Ellen Leonard, Assistant Attorney General, Alabama Board of Heating, Air Conditioning and Refrigeration 10:45 AM - 12:15 PM: Regulation of the Construction Industry: A Multi-Media Session Presented by: Dale Atkinson, JD, Executive Director, Federation of Associations of Regulatory Boards (FARB)
9:30 AM - 10:30 AM: Expanding Your Outreach and Assistance Through Social Media and Applications Presented by: Tom O’Hair, Public Information Officer, California Contractors State License Board, Margi Grein, Executive Officer, Nevada State Contractors Board and Stephanie Lee, Executive Director, Mississippi State Board of Contractors 10:45 AM - 11:30 AM: Application Integrity – Threats and Challenges Presented by: Eric Olson, Executive Director, Virginia Board for Contractors
12:30 PM - 2:30 PM: NASCLA Board of Directors Luncheon Meeting
11:30 AM - 12:15 PM: NASCLA Report of States Presented by: NASCLA State Members
2:30 PM - 3:30 PM: NASCLA Model Legislation Committee Meeting
12:30 PM - 3:30 PM: Group Luncheon | Clam Boil at Atlantic Beach Club
Continuing Legal Education (CLE) Credits Continuing Legal Education Credits will be offered to participants of the 2014 Annual Conference. Earn valuable CLE Credits while experiencing everything NASCLA has to offer! For more information, please contact Kirsten Zacharias at kirsten@nascla.org. ** Agenda is Tentative and Subject to Change 18
NASCLA 2014 ANNUAL CONFERENCE Thank you 2014 Sponsors! num i t a l P
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CONFERENCE REGISTRATION FORM Please complete and remit to NASCLA at the address, email or fax listed below Deadline Date: Tuesday, July 22, 2014
Registration Type Registration Fee Includes: Meeting Materials, Breakfast, Luncheons, Reception and Closing Banquet NASCLA Member | $495
Conference Silver or Bronze Sponsor | $495
Non-Member | $595
Conference Diamond, Platinum or Gold Sponsor | Waived Registration
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Cancellation Policy Full registration fees will be refunded if a written cancellation notice is received 25 days prior to the start of the Annual Conference. No refunds will be made after Thursday, July 31, 2014. 23309 North 17th Drive, Suite 110, Phoenix, Arizona 85027 | Phone: (623) 587-9354 | Fax: (623) 587-9625 | Email: Kirsten@nascla.org www.nascla.org/main-annual-conference-page
NASCLA FEATURED RESOURCE! The NASCLA 2014 State of Rhode Island Green Construction Code NASCLA is pleased to announce that The NASCLA 2014 State of Rhode Island Green Construction Code will be released in July 2014.
The NASCLA 2014 State of Rhode Island Green Construction Code is a model code that provides minimum requirements to safeguard the environment, public health, safety and general welfare through the establishment of requirements that are intended to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. The NASCLA 2014 State of Rhode Island Green Construction Code addresses natural resource, material, water and energy conservation, as well as indoor environmental quality and comfort, building commissioning, operations and maintenance for new and existing buildings, building sites and building materials, components, equipment and systems. The code will be promulgated on a 3-year cycle to allow for new construction methods and technologies to be incorporated into the code. Innovative approaches and alternative materials, designs, and methods not specifically addressed in the code can be approved by the code official where the proposed innovative approaches or materials, designs or methods comply with the intent of the provisions of the code (see Section 105.4). The NASCLA 2014 State of Rhode Island Green Construction Code will be available for purchase in July 2014 by visiting: http://store.nascla.org/state-rhode-island-green-construction-code ISBN 10: 1-934234-72-9 ISBN 13:1-978-1-934234-72-3 Price: $107.00 plus shipping
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MEET NEW NASCLA MEMBERS! New Contractor Members •
KDL Homes Inc.
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Inline Restoration LLC
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Echo Pacific Construction, Inc.
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Arlington Construction, Inc.
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EnviroBuilt Systems LLC
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Midstate Inspections LLC
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FDC Construction & Investments, LLC
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NAES Corporation
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JESCO, Inc.
NASCLA MEMBER BENEFITS!
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Networking Opportunities with Industry Experts and Representatives
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Continuing Education Opportunities
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Complimentary Copies of the Annual Membership Directory and Quarterly Newsletter
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Opportunity for Committee Service
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Access to the NASCLA Members Only Website
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Reduced Registration Fees for NASCLA Annual Conferences & Training Seminars
To Apply for NASCLA Membership, please visit the following link: www.nascla.org/membership-signup
THE NATIONAL ASSOCIATION OF STATE CONTRACTORS LICENSING AGENCIES (NASCLA) WAS FOUNDED IN 1962 AS A NONPROFIT CORPORATION. ITS MEMBERSHIP IS COMPRISED OF STATES THAT HAVE ENACTED LAWS REGULATING THE BUSINESS OF CONTRACTING. NASCLA IS DEDICATED TO THE MUTUAL ASSISTANCE OF ITS MEMBER STATES IN STRIVING FOR THE BETTER REGULATION OF THE CONSTRUCTION INDUSTRY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE GENERAL PUBLIC. NATIONAL ASSOCIATION OF STATE CONTRACTORS LICENSING AGENCIES 23309 NORTH 17TH DRIVE BUILDING 1, UNIT 110 PHOENIX, ARIZONA 85027 PHONE: 623.587.9354 FAX: 623.587.9625 INFO@NASCLA.ORG WWW.NASCLA.ORG 22