May June 2013 Chalk Line

MAY / JUNE 2013

INSIDE THIS ISSUE

OMB is “Building Membership” in May

From the President..................... 2 From the EO............................... 3 Fire Safety Education................... 5 Energy Codes Update............... 14

Remodeling Excellence Award Winners See page 7

Five Counties Strong

r You ess in bus

The Olympia Master Builders (OMB) will be building membership during the month of May with the “We’re Building Membership” campaign.

Return on Industrial Insurance Program

“May is traditionally the National Association of Home Builders Membership Month and this year we decided to get involved in a big way,” commented OMB President John McKinlay.

“OMB will be partnering with member businesses to host barbeques for prospective members around our five-county area,” McKinlay added.

See “Building”

Home Shows

Great Local, Health Networking State and Insurance National Rates Advocacy Discount Education Targeted Programs Progam Marketing Advertising

page 8

Come to the OMB Beach Party Golf Tournament Don’t Spend Your HOLE Day in the Sand!

Serving

Thurston, Lewis, Grays Harbor, Pacific & Mason Counties

BUILDING STRONG COMMUNITIES ONE HOME AT A TIME. 1211 State Avenue NE Olympia, WA 98506 360-754-0912 800-456-6473 www.omb.org

The Olympia Master Builders (OMB) Golf Tournament Sponsored by Pro-Build and Sterling Bank will be held at The Golf Club at Hawks Prairie on June 13, 2013. The theme this year is Beach Party, and a party it will be starting with the traditional OMB Mega Putt Challenge, followed by an 8:30 a.m. Scramble Start with an expected 144 golfers.

“This is a great opportunity to relax, have fun and meet other OMB members. There will be several

hole sponsors out to impress the golfers, give away prizes, feed and refresh you as you play though the Links at Hawks Prairie,” commented 2013 Golf Committee Chair, Kim Asay.

See “Golf”

page 9

From the President

Mid-Year Update

By John McKinlay President

It has been a pleasure serving as your 2013 Olympia Master Builders (OMB) President and I can’t believe we are already at the half-year mark!

As they say “time flies when you are having fun.”

So far this year I’ve been able to visit OMB’s four chapters to install their 2013 officers. I have really enjoyed getting to know many of the chapter members and experiencing the individual personalities of each of OMB’s chapters.

I’ve also enjoyed getting to know

We’ve also held four educational classes which over 43 members have attended.

many OMB members better through committee meeting participation and through attendance at OMB’s events and programs.

OMB has an amazing group of members and I’m continually impressed with what we accomplish for our members and for the home building industry in our five-county region.

In May we are hosting several membership drives at local lumberyards with the theme “We Are Building Membership.” And in June OMB will be holding our annual Golf Tournament.

In the first half of 2013, OMB held three home shows – the OMB Big Home & Garden Show, the Lewis County Home & Remodel Show and the Grays Harbor Home & Garden Show.

The last half of the year will continue to be busy too. We have the Tour of Homes™ taking place in August followed by our annual “Candidates Night” at the September general membership dinner meeting.

In addition we hosted the 2013 Housing Summit in March and have been working hard on many government affairs issues including the potential listing of the Mazama Pocket Gopher as a threatened species.

Also in September, the US Fish & Wildlife Service is expected to make their ruling on the Mazama Pocket Gopher so OMB members and staff will continue to be engaged with that issue over the next several months.

OMB Awards Three Scholarships The Olympia Master Builders (OMB) scholarship program was established in 1991 and is funded with the money earned through donations received throughout the year by OMB members.

In April the OMB Scholarship Committee, which includes Chair Tim Dickey of Dickey’s Remodel and Repair, Chris Terry of C.T. Building, Inc., Linda Mosier-Vaudt or ProBuild, and Scott Bergford of Scott Homes, reviewed ten scholarship applications and selected the top three.

This year’s Ken Donohue $2,500

If you are an involved OMB member, you already know the value it brings to your business for you to participate in OMB’s programs and events.

If you have not gotten involved with any of OMB’s programs or events so far this year, I strongly encourage you to make a commitment to attend one program or event before the year is over.

I firmly believe you won’t regret it.

Instead you will begin to develop business relationships that will provide to you an even greater return on your membership investment in OMB.

Asay Appointed OMB 2013 Secretary Kim Asay, Sterling Savings Bank was appointed 2013 OMB Secretary by Olympia Master Builders (OMB) President John McKinlay in April. “OMB’s 2013 Secretary Rich James accepted employment with a company out of the area and consequently needed to resign his position,” commented McKinlay.

“Kim was the natural choice for this position due to her continuing involvement in OMB as an active board member and her strong leadership skills.”

scholarship winner was Abbey Bergquist of Tumwater High School.

She plans on going to Portland State University to study Architecture.

The $1,500 Collegiate Scholarship was awarded to Jade Tometich of Aberdeen High School. Jade plans on attending Washington State University to study Architecture The $1,500 Vocational Scholarship was awarded to Andre Watte of New Market Skills Center. He plans on attending Renton Technical College to study Construction Management.

OMB’s board ratified Kim’s appointment at the April board of directors meeting. Congratulations to Kim!

Congratulations to these students!

Olympia Master Builders / Chalk Line

As the year draws to a close we will be producing the 2014 OMB Buyer’s Guide and nominating and electing the 2014 officers and board of directors who will be installed at the OMB Christmas Party in December.

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Kim Asay

May / June 2013

From the Executive Officer

Politics - What’s the Point of Getting Involved?

By Laura Worf Executive Officer

This is the time of year when I start getting phone calls from candidates. And emails from candidates.

And contact from Olympia Master Builders (OMB) members who know of candidates. Why? Because these candidates are looking for OMB’s endorsement and financial support for their campaigns.

Some people think OMB should shy away from getting involved in politics. They don’t think OMB should endorse candidates, make contributions to their campaigns, or fund independent expenditures.

They say, “just work with whoever is in office. That way you don’t create any enemies and you have access to whoever is elected.”

While that might sound good in theory, it doesn’t work very well in real life. Here’s why: not everyone who is elected to office has a basic understanding of economics and how revenue is generated. They don’t understand what a business needs in order to thrive so that it can create jobs and generate tax revenue.

Trying to explain why it is important to keep fees low, or eliminate payment of impact fees at time of permit issuance, or the economic impact of any proposed action, usually falls on deaf ears of those elected officials without that basic economic understanding.

On the other hand, working with elected officials who are small business owners, have experience running a business, and understand the

May / June 2013

role the housing industry plays in a healthy economy is a completely different experience. They hear OMB when we explain our concerns to them about proposed regulations that would prevent the home building industry from creating good paying jobs, and generating taxes for their jurisdiction.

There is strength in numbers. The more members OMB has, the greater our voice with elected officials.

The more members OMB has, the greater the contributions to TAHC

which can result in helping more quality candidates get elected and work on behalf of all of us as we strive to build homes for the families in our communities.

Scan this code, link to www.omb.org and

In November, four of the seven members of the Lacey, Olympia, Yelm, Centralia, and Chehalis City Councils are up for election. Since that is a majority in each of those city councils, the outcomes of those elections could change the entire direction of those city councils.

you’ll be up to date on OMB events, news and educational information.

The implications of the changes are huge and that’s why we need you to get involved financially.

The Olympia Master Builders (OMB) has a political action committee called The Affordable Housing Council (TAHC). Revenues are generated by contributions from members. Those revenues are then used to make contributions to endorsed candidates and fund independent expenditures. The greater the number of members who contribute, the larger the number of candidates TAHC can help.

You can also get involved by becoming a TAHC Trustee. By contributing $125 a year, you become a member of TAHC and have the opportunity to vote on endorsement of candidates, and funding decisions.

Another way we need you to get involved – tell others about membership in OMB. May is the National Association of Home Builders Membership Month. If you missed the lead article on page one, please turn back and read it for all the details on how you can get involved.

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Olympia Master Builders / Chalk Line

Government Affairs Report - The Latest Highlights Olympia Master Builders (OMB) is currently working on and/or monitoring several issues related to the building industry. Visit www.omb.org to see a list of issues. Below are a few recent highlights which include links to further information. To easily access these links go to the online version of Chalk Line at www.omb.org/news.

City of Olympia Shoreline Master Program

Thurston County Shoreline Master Program

The Olympia City Council released a draft of the SMP on January 8, 2013 with a public hearing held on January 22, 2013. Written comment was accepted until February 5. OMB testified at the public hearing and submitted written comments. The City Council plans on holding another public hearing in June after they finish making changes to the document. The projected date for submittal to Department of Ecology is September of this year.

Thurston County’s Planning Commission has listed the County’s Shoreline Master Program (SMP) on their work agenda for 2013. The County took a hiatus from working on their SMP while their staff focused on the Critical Areas Ordinance which wrapped up in December of 2011. OMB will continue to monitor work on the SMP and take action when necessary.

City of Olympia Mandating Residential Fire Sprinklers

Mazama Pocket Gopher-Thurston County

City of Olympia staff will be presenting an ordinance to mandate residential fire sprinklers during the May 21 City Council meeting. OMB staff is providing information to the City Council against mandating residential fire sprinklers in advance of the May 21st meeting. OMB staff has also reached out to set up personal meetings with all Council members.

OMB is participating with a Coalition made up of public and private participants to deal with the potential federal listing of the Mazama pocket gopher. Public comment was accepted until February 11th. OMB submitted comments as part of the Coalition. Due to the coalition’s efforts, an additional public hearing was held on April 18. OMB members and staff testified at that hearing also.

City of Shelton Shoreline Master Program

Lewis County Impact Fees Lewis County held a public hearing on implementing impact fees in the County at the end of November. The County was looking at impact fees due to a proposed fully contained community that would be outside of the initial designated urban growth areas. State RCW 36.70a.350-New fully contained communities, states that impact fees must be established to allow these fully contained communities. The County is exploring the idea, with the assistance of OMB and BIAW, of suggesting changes to the State RCW in next year’s legislative session.

The City of Shelton is in the process of updating their Shoreline Master Program. They organized a Citizen’s Advisory Committee and OMB participated on the committee. City staff presented the draft update to the Shelton City Commission. The Commission held a public meeting in April. At the May 6th Commission meeting staff brought forward comments and proposed changes. This ordinance may be adopted by the end of May.

Mason County Shoreline Master Program

For more information about any of these issues, contact OMB’s Government Affairs Director, Angela White at 360-754-0912 or email Angela@omb.org.

Mason County is in the process of updating their Shoreline Master Program (SMP). The City arranged a Citizen’s Advisory Committee to help review and evaluate the SMP. OMB member Paul Muldoon, was appointed and served on the Citizen’s Advisory Committee. The document was passed on to the Planning Commission in February, 2013. The Planning Commission is now in the process of deliberating on the document. OMB partnered with the Economic Development Council and the Mason County Chamber of Commerce to submit comment.

First Aid/CPR Class Thursday, May 30 at the OMB office

$55 members/$65 non members

Visit http://www.co.mason.wa.us/community_dev/shoreline_master_program/ for additional information.

Olympia Master Builders / Chalk Line

To register email sally@omb.org or call 360-754-0912 by May 24 4

May / June 2013

Government Affairs Report

Fire Safety Education Better Than Fire Sprinkler Mandate

By Angela White Government Affairs Director

single family units increased by 47 percent.

cording to the National Association of Home Builders, a $5,000 increase in the cost of a home, prices 24,000 potential homebuyers out of the market. The State Building Code Council study on “voluntary private Residential Fire Sprinkler Systems” found the actual costs of installation ranging from $1.50 to $8.50 a square foot. For a 2,000 square foot home, this is a range of $3,000 to $17,000.

• Between 1977 and 2007 the number of U.S. fire deaths declined 54 percent even as the population grew by more than 80 million people.

On May 21, 2013 the City staff in Olympia will be asking the City Council to consider mandating residential fire sprinklers in all new homes. As an organization, Olympia Master Builders (OMB) is against mandating fire sprinklers in residential homes. OMB believes Fire sprinklers should be a voluntary choice left to the home buyer.

Since this issue has a tendency to get emotional, I am going to keep this column focused on the factual reasons against mandating fire sprinklers.

Over the last 30 years residential construction technology has greatly improved and building code requirements for electrical and smoke alarm systems are significantly more stringent. Paired with a concerted effort from firefighters, home builders and other safety advocates to educate consumers, there has been a dramatic drop in the number of fatal home fires.

In fact, in the City of Olympia there have been ZERO deaths in new homes. This is an impressive trend given the significant population growth and increase in housing stock over the same time period.

Here are some very telling facts: On the national level fire deaths have continued to decline without a fire sprinkler mandate in new homes: • Home fires are decreasing as housing stock continues to increase.

• From 1980 – 2005 home fires in single family attached and detached units decreased by 50 percent as

May / June 2013

Smoke alarms work: • A Johns Hopkins University study, paid for by the U.S. Fire Administration (USFA), found 75 percent of residential fire deaths could be prevented by working smoke alarms.

Since most unintentional, fatal residential fires can be prevented if occupants are careful of risky ac-

• Smoke alarms have produced the greatest reduction in fire deaths in residential buildings by providing the early warning necessary for occupants to escape fire and deadly smoke. Currently, hardwired smoke detectors are required in all bedrooms, living rooms and the top of stairwells.

tivities such as unattended cooking, candle burning and smoking and having working smoke detectors; my question - - isn’t fire prevention education a more practical and effective way of continuing to reduce home fire incidents? And doesn’t this type of education help people living in older homes as well? Let’s stop piling expensive, unnecessary regulation on new home builders/buyers and continue the downward trend in fire deaths through education!

OMB Classes IRC/ENERGY CODE UPDATE 2012

May 15 at Ramblin Jacks Rib Eye in Napavine May 23 at the OMB office $75 members / $150 non-member

• Smoke alarm technology is always improving. Innovations in wireless technology and alternate signal noises continue to boost the already overwhelming success of smoke alarm systems.

FIRST AID / CPR

May 30 at the OMB office $55 members, $65 non-members To register call the OMB office at 360-754-0912

BUSINESS MANAGEMENT FOR BUILDING PROFESSIONALS

New homes are safer than ever: • Newer homes are safer due to improvements like hard-wired smoke alarms, improved electrical systems, better heating systems and insulation requirements, fire separation and fire-stopping, and escape windows in bedrooms.

June 7 at the OMB office

$225 members, $280 non members

GREEN BUILDING FOR BUILDING PROFESSIONALS

September 11 & 12

$275 members, $330 non members

CONSTRUCTION CONTRACTS & LAW

• These features protect the home and occupants for the life of the home, unlike older homes that were not constructed with these important design features. New homes do not become more hazardous as they age.

September 18

$225 members, $280 non members

FORKLIFT SAFETY TRAINING

September 25

$100 members, $155 non members

Go to www.omb.org for more class information.

OMB’s mission is to keep housing affordable in our communities and the additional cost of fire sprinklers will price people out of homes. Ac-

Unless otherwise noted to register call the BIAW at 360-352-7800. No shows will be invoiced.

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Olympia Master Builders / Chalk Line

Coming in August

By Stacey Genzlinger Director of Member Services

The 2013 OMB Tour of Homes™ will happen the last two full weekends in August, and we are currently seeking builder and remodeler participants.

As an incentive for increased member participation, this year’s committee has decided to keep the same low participation fee structure: $950 for the first new home or remodel project and $500 for any additional homes that a builder or remodeler wants to enter in the Tour.

In addition to the usual new homes and remodel projects, this year’s

A several-time past participant, Ron Deering of Deering & Nelson, Inc. even told us that one of his company’s first closings in 2013 could be directly attributed to last year’s Tour of Homes!

committee is seeking educational sites that relate to the home building industry. This could include a site (other than residential) that demonstrates Built Green® practices, or even a site that showcases accessibility products and services.

The committee will provide an online interactive map, and online builder profile pages that will give builder participants, and the event, a powerful online presence.

See what other past Tour participants have to say about their experience by going to www.omb. org and finding the link to the Tour of Homes. There’s also a link for the 2013 Tour of Homes™ participation agreement available to download.

Chair Karen McClennen of The Olympian commented that, “Our main goal and objective for this event is always to help OMB members sell homes and secure remodeling jobs.

Participants will find that they get a lot of exposure and advertising value out of their participation fee.”

As usual, a special publication with details about each builder and home, as well as driving directions to each home will be inserted into The Olympian on the Thursday prior to the event opening. Copies

of the section will also be available at sponsor locations, at each featured home on the Tour, and at the Olympia Master Builders’ office.

Show hours are 11:00 a.m. to 5:00 p.m. each day of the event, August 17, 18, 24 and 25, and is free to the public.

We thank returning Tour of Homes™ Sponsors Mixx 96.1 FM and The Olympian for their continued support of the event. There’s still time for other members to participate as a 2013 OMB Tour of Homes™ sponsor!

Please contact the OMB office for details on Sponsorship or Builder/ Remodeler participant information.

LEW RENTS - Equipment -

* RENTALS

*

SALES

*

SERVICE *

Proud OMB Associate Member Since 1988 “Helping to Support Our Local Community Builders Since 1928” OLYMPIA 360-357-7731 2216 East 4th Avenue

Olympia Master Builders / Chalk Line

www.lewrents.com 6

WESTSIDE 360-357-3314 405 McPhee Road SW

May / June 2013

Remodeling Excellence Award Winners Announced at GMM The 2013 Remodeling Excellence Awards (REX), sponsored by Paul Muldoon, Edward Jones Investments, were pre sented at the May 7 Olympia Master Builders (OMB) general membership meeting held at Indian Summer Golf and Country Club. The REX awards honor remodeling projects completed by remodeler members of OMB. This year eight entries representing six categories were received. All entries must adhere to strict entry rules and impartial judges from outside the OMB area view each project and cast their votes for the winners.

This year’s judges were: Matt Rock of MR Construction, Gordon Neu of Neu Construction and Duke York of York Enterprises.

The presentation included an overview of each entry along with before and after photos of each award winning project. The awards were handmade by Remodelers’ Council member Chettie White of Chettie’s Woodworking.

From left: Emcee Paul Muldoon of Edward Jones Investments, Greg Switzer of John Erwin Remodeling, Inc., TIm Dickey of Dickey’s Remodel and Repair, Bob Clark of Home Resource Company, Don Koidahl of MDK Construction, Inc., and Scott Nolan of MDK Construction, Inc.

Six awards were presented in the following categories

Commercial Over $250,000 MDK Construction, Inc.

Thank you to the general membership meeting table sponsors Olympia Overhead Doors and Jessica Jensen Law PS. 3.5x2.FS.ad.pdf

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3/11/13

Entire House Under $150,000 Dickey’s Remodel and Repair 12:14 PM

Outdoor Living John Erwin Remodeling, Inc.

Kitchen $30,000 to $60,000 Home Resource Company

Entire House $150,000 to $300,00 MDK Construction, Inc.

Aging in Place/ Accessibility Dickey’s Remodel and Repair

Come see us at our new location.

CM

MY

CY

CMY

K

May / June 2013

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Olympia Master Builders / Chalk Line

Membership Report

We’re Building Membership!

And We’re Going Places.

By Tony Brooks Membership Marketing Director

Attention recruiters! The National Association of Home Builders (NAHB) is offering triple Spike credits for recruiters during the month of May and Olympia Master Builders (OMB) is lining things up and sweetening the deal for their May Membership Drives.

Take advantage of one, or more, Membership Drive events and the

team, join a team. Teammates will help you stay motivated and make recruiting fun! 3) Get out your contact list and go through it looking

mass marketing effort by OMB and recruit three new members and OMB will buy your trip to see the Seattle Mariners play the Minnesota Twins on July 27th.

for those contacts that will most benefit from OMB membership. Do all three and I bet you will get to go on that trip!

TRIP #2

This trip includes transportation, dinner at Safeco Field, and seats at the game for two people. Networking at Safeco Field with fellow OMB Members, what can be more fun than that? And OMB staff is working hard to help you get there.

Here are the top three ways to earn this trip. 1) Be a team lead and earn a trip credit for your teammates who recruit. 2) If you can’t lead a

QUALITY YOU CAN SEE. A NAME YOU CAN TRUST.

Recruit 3 new members April - June Win a trip for two to a

Mariner’s Game Why Us? • • •

The largest selection of garage doors and openers to choose from in the area We repair and service all makes and models Free estimates & on-site consultations!

“Building” Postcard and email invitations have been sent to prospective members in each county where the barbeques will be held. In addition, all OMB members are encouraged to invite prospective members to the event in their area.

Representatives from the Building Industry Association of Washington’s Health Insurance Program, the ROII Select Program and other OMB member benefit program will be on hand to answer questions about their programs.

(360) 491-8003 www.olydoors.com OLYMPOD933MJ

Olympia Master Builders / Chalk Line

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Continued from page 1 “I invite all OMB members to take a good look at who you do business with and invite anyone who is not already an OMB member to come learn about the benefits of membership in OMB and how it can help them build their business,” McKinlay encouraged.

For more details about how you can get involved, see the article above. For complete details about each barbeque event, go to www. omb.org.

May / June 2013

“Golf”

Continued from page 1

2013 Annual Golf Tournament The Golf Club at Hawks Prairie 8383 Vicwood Lane, Lacey, WA Thursday, June 13 8:00 am Tee Off

The cost to play is $100 with a $15 early registration through May 17.

Don’t delay; sign up today to get this deal.

Registration fee includes: green fees, golf cart for every two golfers, lunch, raffle tickets, and the opportunity to win all sorts of prizes.

There are still some hole sponsor-

ships available but space is running out. If you want the opportunity to get some good exposure, sign up to sponsor a hole and bring your sunscreen. This will be one hot event! For more information contact Tony Brooks (tony@omb.org or 360-754-0912).

Chicago Title Insurance Co.

Sterling Bank

Desco Audio & Video

Sunset Air, Inc.

FASTSIGNS

Washington Business Bank

Hung Right Doors, LLC

Weststar Pacific Mortgage

Olympia Federal Savings

OMB would like to thank our current sponsors of this event:

Olympia Overhead Doors

Cooper Ratliff Edward Jones Investments

Parr Lumber Company Pro-Build MA_4.25X5.5Ads_2011:Layout 1

BIAW Health Insurance Program 3/17/11

3:42 PM

Page 1

National Association of Home Builders

Put your membership to work now.

Money-saving discounts that benefit your business, your employees, and your family Visit

www.nahb.org/ma

for these and other participating companies.

May / June 2013

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Olympia Master Builders / Chalk Line

Excellent Attendance at OMB BIG Home & Garden Show The 2013 OMB BIG Home & Garden Show made the switch from Fall to Spring, and results indicate that it was a good move. Despite (or perhaps due to) the rain, hail and wind, customers came to the mid-April show in high numbers. The gate count was 3,021, significantly better than the 2,000+ that attended the

show. Fifty vendors responded to a post-event survey.

The responding vendors rated the “Overall Impression of the Show” as an 8, out of 10.

show in September 2012.

Booth sales were also up for this show, and for the first time in several years, the event featured booths and displays upstairs in the Marcus Pavilion Mezzanine. Vendors at the show reported that they made good business contacts during the

A new element for this year’s show was the team from MyFixItUpLife building a play structure in the show entrance, while their musicians played popular acoustic music.

This component was brought to the BIG Home & Garden Show by show sponsor, Rebuilding Together Thurston County.

Printing is more than Ink on Paper...

7009 Martin Way PO Box 3309 Lacey, WA 98509 (360) 456-4545 www.abcprinting.net

The Bark-A-Tecture and Catscape contest featured more displays See “Home Shows”

It’s the quality in craftsmanship that goes into every job we print.

page 15

HOODSPORT

SHELTON

OLYMPIA

Vast Inventory Design Center Engineered Wood Products Job Packaging Jobsite Delivery

Olympia Master Builders / Chalk Line

AT PROBUILD, our dedicated team of professionals offer superior customer service at every level of home construction. Rely on our qualified staff and our full service facilities to bring your project to life.

ProBuild

ProBuild

ProBuild

1830 Black Lake Blvd. SW Olympia, WA 98501 Hours: M–F: 7am–5pm (360) 754-0300

114 E Cedar St. Shelton, WA 98584 Hours: M–F: 7am–6pm, Sa: 8–6, Su: 9–5 (360) 426-2611

N150 Lake Cushman Rd. Hoodsport, WA 98548 Hours: M–Sa: 8am–5pm (360) 877-6881

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May / June 2013

Limiting Risk in Construction Defect Claims

By Jay A. Goldstein, J.A. Goldstein Law Office PLLC, Olympia Master Builders General Counsel

Many builders have questions about warranties from the builder to the owner in new construction. Questions arise whether the builder may limit warranties, disclaim implied warranties, and related questions.

One way to begin addressing this question is to look at the statute on constructive defect claims.

Washington law addresses comparative fault in constructive defect claims. RCW 4.16.326. Specifically, the statute provides that persons engaged in construction may be excused in whole or in part from any liability under the principles of comparative fault for a long list of affirmative defenses.

An affirmative defense is a complete or partial defense to a claim based on facts other than those alleged by the plaintiff (for example-- the homeowner). An affirmative defense alleges facts that, if proven by the defendant (for example—the builder), would defeat or reduce a claim even if the allegations stated in the claim are all proven. Affirmative defenses include the statute of limitations, the statute of frauds, and waiver.

Here’s an abbreviated list of the statutory affirmative defenses for construction defect claims. In a nutshell, construction defects may be excused in whole or in part: 1. To the extent the claimed defect is caused by an unforeseen act of nature that caused, prevented, or precluded the activity from meeting the applicable building codes, regulations, and ordinances in effect at the commencement of construction. An unforeseen act of nature means any weather condition, earthquake, or man-made event such as war, terrorism, or vandalism.

2. To the extent the claimed

May / June 2013

defect is caused by a homeowner’s unreasonable failure to minimize or prevent those damages in a timely manner, including the failure of the homeowner to allow reasonable and timely access for inspections and repairs. This includes the failure to give timely notice to the builder after discovery of a violation, but does not include damages due to the untimely or inadequate response of a builder to the homeowner’s claim.

contract actions the applicable contract statute of limitations expires, regardless of discovery, six years a f te r s u b s t a n t i a l completion of construction, or during the period within six years after the termination of the services, whichever is later.

3. To the extent the claimed defect is caused by the homeowner or his or her agent, employee, subcontractor, independent contractor, or consultant by virtue of their failure to follow the builder’s or manufacturer’s maintenance recommendations, or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder’s recommended maintenance schedule, the builder shall show that the homeowner had written notice of the schedule, the schedule was reasonable at the time it was issued, and the homeowner failed to substantially comply with the written schedule.

Or boiled down, construction defects may be excused in whole or in part for: • weather conditions; • a homeowner’s unreasonable failure to minimize or prevent the damages but not damages due to the untimely or inadequate response of a builder to the homeowner’s claim; • homeowner’s failure to follow the builder’s or manufacturer’s maintenance recommendations, or commonly accepted homeowner maintenance obligations -- the builder shall show that the homeowner had written notice of the schedule, the schedule was reasonable at the time it was issued, and the homeowner failed to substantially comply with

4. To the extent the claimed defect is caused by the homeowner or his or her agent’s or an independent third party’s alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure’s use for something other than its intended purpose.

the written schedule; • alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure’s use for something other than its intended purpose; • valid release or the builder’s repair corrected the alleged violation or defect; • six years after substantial completion of construction, or during the period within six years after the termination of the services, whichever is later.

A prudent builder, for example, might include a recommended maintenance schedule as an attachment to the contract.

This list is a good start on addressing the issue of construction defect claims and how to avoid them.

5. As to a particular violation for which the builder has obtained a valid release.

6. To the extent that the builder’s repair corrected the alleged violation or defect.

7. To the extent that a cause of action does not accrue within the statute of repose or that an actionable cause is not filed within the applicable statute of limitations. In 11

Olympia Master Builders / Chalk Line

Chapter Reports Lewis County

Grays Harbor County

The Lewis County Chapter heard a presentation on “Green Lending” by Barb Whitlow from Olympia Federal Savings at their April 17 meeting.

Grays Harbor Chapter members had the good fortune to tour the Port of Grays Harbor at their May 2 meeting in Aberdeen.

Commissioner. The tour took members to restricted areas of the Port of Grays Harbor, enabling an up-close look at operations.

They also heard a presentation about proposed changes to the Flood Plain Building Regulations by Lewis County Staff Fred Chapman and Lee Napier.

Members and guests gathered at the Port of Grays Harbor Commission Chambers for refreshments, update on OMB business, and a brief presentation about current activities the Port.

Members got to see areas where vehicle exports are handled, liquid bulk storage containers, log storage, dry bulk commodities silos and conveyors, as well as the ship berths and rail lines that serve the Port.

Next, everyone loaded into two vans, and received a personalized tour from Gary Nelson, Executive Director; Kayla Dunlap, Public Affairs Specialist; and Stan Pinnick,

The Chapter is considering a Membership Drive at the end of May or beginning of June. Members will be notified about date and location of the Drive.

The May 15th meeting will feature three different presentations: Accessible Living Concepts, Low Impact Development and the Flood Authority’s Outreach and Education Committee.

Upcoming meeting information will be included in Olympia Master Builders’ weekly electronic newsletter, Chalk Talk.

Barb Whitlow (center, back) of Olympia Federal Savings spoke about the benefits of Green Lending .

Lewis County Staff Fred Chapman (center, back) spoke about the proposed changes to the Flood Plain Regulations.

Mason County

South Pacific County The South Pacific Chapter heard a presentation by Jan Rohila from the Building Industry Association of Washington about changes to the Energy Code at their April 18

meeting.

Upcoming meeting information will be included in OMB’s weekly electronic newsletter, Chalk Talk.

The Mason County Chapter has hosted a couple of great speakers over the last few months. In April, Julie Nichols from BIAW, gave a great presentation on Washington State Department of Labor and Industries subcontractor/employee

classification laws. In May, Jessica Jensen Law PS, gave a beneficial talk on Succession Planning for Your Business. The next Mason County Chapter meeting is scheduled for Tuesday, June 11 at 6:00 pm. Location to be announced.

12341 Waddell Creek Rd SW Olympia, WA 98512 360-701-8986 diane@interiordimensionsnw.com Sponsor: Mike Auderer

Lovsted Worthington Kelly Wilson PO Box 1226 Chehalis, WA 98532 360-748-0051 kwilson@lovstedworthington.com Sponsor: Scott Nolan

Welcome New Members BIg Rock Construction, Inc. Thomas Baxter 2915 29th Ave. SW, Ste. A Tumwater, WA 98512 360-753-8733 thomas@bigrockbuilds.com Sponsor: Tina Allen Bron’s Automotive Bron Lindgren 1025 Black Lake Blvd Ste. #2B Olympia, WA 98502 360-943-5993 bronsautomotive@comcast.net Sponsor: Capital Industrial Inc. Janete Nieman 2649 RW Johnson Blvd SW Tumwater, WA 98512 360-786-1890

sales@capitalindustrialinc.com Sponsor: John McKinlay Elkin Contracting Inc. Steve Ellery 4004 S. Street Ct. SE Tumwater, WA 98501 360-790-7912 elkincontracting.steve@gmail.com Sponsor: Linda Mosier-Vaudt

KELA/KMNT Diane Bailey 1635 S. Gold Centralia, WA 98531 360-736-3321 dianebailey@bicoastalmedia.com Sponsor: Scott Nolan

Great Western Supply Dan O’neill PO Box 4128 Tumwater, WA 98501 360-352-1388 oneilldc@interserv.com Sponsor: Paul Muldoon

Lloyds Automotive Eric Bagley 425 State Ave NE Olympia, WA 98501 360-357-7422 eric@lloydsauto.com Sponsor: Scott Nolan

Interior Dimensions Diane Gassman

Olympia Master Builders / Chalk Line

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Luxury Bath of Seattle Scott Smith 18388 Redmond Way Redmond, WA 98052 425-381-7744 scottsmith.luxury@gmail.com Sponsor: Paul Muldoon

See “New Members”

page 13

May / June 2013

“New Members”

Mr. Do Right Construction Troy Chabot 7225 Pacific Ave SE Lacey, WA 98503 360-493-8800 accounting@mrdorightconstruction.com Sponsor: Teresa Grimsley

Smart Energy Today Yumi Schade 1001 Cooper Point Rd. SW Olympia, WA 98502 888-405-8689 yumi@schadedomain.com Sponsor: Tim Dickey

Olympia, WA 98501 360-915-3383 olympiaroofing@comcast.net Sponsor: John Erwin Sauder Molding & Millwork Ron Johnson 10934 Creekwood Drive SW Olympia, WA 98512 360-357-3466 rjohnson@sauder.ca Sponsor: David Danton

Northern Pacific Exteriors Michelle Kilpatrick 1420 Marvin Road NE Suite C311 Lacey, WA 98597 360-894-7663 michelle@np-exteriors.com Sponsor: Karen McClennen

Lacey, WA 98509-8007 253-531-8600 thesupplyguy26@hotmail.com Sponsor: Janine Ezzell

Sunview Solariums Larry Orme 1402 Lake Taps Parkway Ste 104300 Auburn, WA 98092 253-230-0946 solariums@comcast.net Sponsor: Scott Nolan

Shocking Difference LLC Winona Furgison 5329 Lemon Rd. Olympia, WA 98506 360-754-4542 winona@shocking-difference.com Sponsor: Ross Irwin

Olympia Roofing & Gutters Inc. Michael Villarreal 3422 Wilderness Drive SE

Continued from page 12

The Supply Guy David Sotherland PO BOX 8007

Thurston County Solid Waste Brian Stafki 9605 Tilley Rd S Olympia, WA 98512 360-867-2284 stafkib@co.thurston.wa.us Sponsor: Daimon Doyle Whitehouse & Nichols Attorneys at Law Julie Nichols PO Box 1273 Shelton, WA 98584 360-426-5885

juliesund@comcast.net Sponsor: Patti Tupper

Thank You to these renewing members in March and April 2013 25 + Years Northwest Cascade/Honey Buckets ABC Printing, Inc. D K Boos Glass, Inc. Heritage Bank Olympia Federal Savings Pro-Build at Shelton Johnson & Maddox Construction Co., Inc. Sunset Air, Inc. Olympia Lighting Center

SAW Construction Co. Everson Asphalt Paving F & L Pacific, Inc. BMC Building Materials Kamco Construction Pascher Construction Chimney TechniquesBlack Hills Heating & Air LTJ Builders, Inc. Moerke & Sons Pump & Drill, Inc. The Roof Doctor, Inc.

20--25 Years Rainier General Development Ferguson Enterprise Nicholson & Associates Ins, LLC Pacific West Landscape HD Fowler Company Auseth Construction Mark Shaffer

10--14 Years Local Mfg., Inc. K D & S Environmental Tupper’s Floor Covering & Interiors, Inc. Lacey Roofing, LLC The Rants Group Steve Crass Construction MDK Construction, Inc. Retail Services of America, LLC Lillegard Construction Wells Fargo Home Mortgage Alderbrook Quarry, Inc. Black Diamond Roofing Harbor Ventilation, Inc.

15--19 Years L.G. Isaacson Company Pro-Tech Commercial Landscape Mntnce Robbins’ Air, Inc. B.T. Wilson Const., Inc.

May / June 2013

Mixx 96.1 KXXO 5--9 Years Airtech West, Inc. Frost & Company, PS Morgan Stanley Smith Barney Northwest Infrared, LLC KPFF Consulting Northwest Family Homes, Inc. All Star Ford Diamond Finish Construction, LLC Miles Sand and Gravel Company Steamboat Island Construction Karen Jerome McClennen Washington Tractor, Inc. Quadrant Homes Todd Robinson Painting Brodie Heck Construction, Inc. Al’s Welding & Steel Fabrication, Inc. Fox Head Construction Black Lake Landscape Supplies DBA Concrete Recyclers Mud Bay

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Manufacturing, LLC SoundBuilt NW, LLC Johnson Custom Homes, LLC 2--4 Years Worf Electric, Inc. Hoku Hospitality, LLC Ramblin Jacks Rib Eye ABSI Builders, Inc. Berglund, Schmidt & Assoc., Accessible Living Concepts LeMay Enterprises, Inc. South Sound Ductless Heating and Cooling Systems Crescent Lighting Supply, Inc. Americool Heating and A/C Swanson Law Firm Advanced Heating & Air Active Enterprise, Inc. 1 Year Gorman Roofing Services, Inc. EuroCraft Painting, LLC Harbin Construction Clear View Auto and Window Glass TNT Electric

Olympia Master Builders / Chalk Line

National and State Update From the

Remodelers’ confidence in the market dipped in the first quarter of 2013 when the Remodeling Market Index (RMI) fell six points to 49, according to the National Association of Home Builders (NAHB).

Concern about the rising costs of construction materials and labor contributed to the pause in the general upward trend of remodelers’ confidence.

An RMI above 50 indicates that more remodelers report market

From the

The 2012 Washington State Energy Code and the 2012 International Residential Code (IRC) go into effect July 1, 2013.

Everything permitted on or before June 30, 2013 is built under the 2009 set of energy and construction codes. If you can’t permit before July 1, you’ll be building under the 2012 International Residential Code and the 2012 Washington State Energy Code.

The 2012 Washington State Energy Code, which is actually a combination of the 2012 International Energy Conservation Code (IECC) and the 2009 Washington State Energy Code, is where you will find the most changes. This new code has a new layout, is organized a bit differently and uses new terminology.

Listed below are three changes

Remodeler Confidence Dips in First Quarter of 2013 activity is higher (compared to the prior quarter) than report it is lower.

The overall RMI averages ratings of current remodeling activity with indicators of future remodeling activity.

man Bill Shaw, GMR, GMB, CGP, a remodeler from Houston. “Repairs and minor additions are currently the strongest categories of business for remodelers as home owners continue to invest in deferred maintenance and room-by-room remodeling.”

“Remodelers remain optimistic about the outlook for growth in the remodeling market this year, but the rising cost of doing business makes it difficult to deliver the prices that many of our customers expect,” said 2013 NAHB Remodelers Chair-

“Like the rest of the home building industry, remodelers are starting to feel squeezed by higher costs and limited availability of labor and materials, which is unusual at such an

early stage of a housing recovery.

However, the downturn was so deep and extended that this time it may take a while to re-establish the supply chains,” Shaw noted.

The RMI was 47 in the Northeast, 47 in the Midwest, 51 in the South and 52 in the West.

For more information about remodeling, visit www.nahb.org/ remodel.

Code Changes Go Into Effect on July 1, 2013 Some other changes with lesser impact and costs include: changing from luminaire to lamp, which allows for standard screw-based fixtures for lighting requirements.

Others are: thermal sensors and auto shut-off control for snow melt systems; and required time switches on heaters for pools and permanent in-ground spas.

on the residential side that are classified as significant: • Additional Energy Efficiency Requirements (our old friend Chapter 9) now requires additional credit based on the size of the dwelling unit: .5 credit for a house under 1,500 sq. ft., 1.5 credits for houses 1,500 to 5,000 sq. ft and 2.5 credits for a house over 5,000 sq. ft. And, the list of options for compliance has been reorganized and expanded.

• Air Leakage Standards (new terminology for SLA) will be 5.0 ACH (which is a decrease in allowable leakage from 5.9 ACH approximately) and no longer excludes additions smaller than 750 sq. ft.

• Duct leakage testing remains mandatory (unless ducts are in conditioned space), but changes from the 2009 targets of 6 percent and 8 percent, depending on test method, to 4 percent in the 2012 code.

Olympia Master Builders / Chalk Line

14

providing a method for sizing intermittent systems.

• Fire protection of floors is new in the 2012 IRC and Washington has added an option for using dimensional lumber to allow compliance and also reduce cost impact.

The 2012 IRC contains several significant revisions, but many have been mitigated or revised by Washington amendments:

• Washington allows an alternative method of deck ledger connection to provide a prescriptive method that maintains the structural integrity but provides a cost savings.

• Fire-resistant construction requires fire protection for single family homes at a five-foot separation from lot lines. A Washington amendment allows an exception where eaves are provided with fire blocking.

• A new provision requires pan flashing for windows and doors when details are not provided by the manufacturer and a Washington amendment maintains the current method of compliance

• Whole house ventilation systems and minimum performance with a Washington amendment

See “Code”

page 15

May / June 2013

“Code” without incurring potential liability and additional cost.

Olympia Master Builders will be hosting two four-hour classes: Wednesday, May 15 1:00 - 5:00 p.m. at the Ramblin Jacks Rib Eye in Napavine and May 23, 8:00 - 12:00 p.m. at the OMB office. Cost is $75

“Home Shows”

Continued from page 14 for members/$150 non-members, you must pay prior to the class. To register call the BIAW at 360-3527800.

OFFICERS AND DIRECTORS OF THE ASSOCIATION

Adapted from information presented

by Jan Rohila, Building Industry Association of Washington in the April 2013 issue of Building Insight.

Executive Committee

President............................. John McKinlay First Vice Pres.......................... Scott Nolan Treasurer.................................Ron Deering Assoc. Vice Pres.........................Ross Irwin Second Assoc. VP....................... Tina Allen Secretary..................................... Kim Asay Immed. Past Pres.................James Peterson Builder at Large....................Mike Auderer

Continued from page 10

Builder Directors

than last year’s event, and was a successful fundraising promotion for Concern for Animals.

The Student Design/Build Contest launched with twelve participants.

A panel of industry professionals judged the entries prior to the opening of the show.

First place went to Heather Bircher of Tumwater High School, and Second place was awarded to Christopher Arnold also of Tumwater High School. Both students will receive a scholarship award and also an opportunity to interview with an OMB member for an internship.

We thank the remainder of the show sponsors, for their support of the show: Olympia Overhead Doors, Scott Homes, Accessible Living Concepts, Sunrise Landscaping & Tree Removal, KGY / KAYO Radio and The Olympian!

Based on the success of this year’s event, OMB has already reserved the Saint Martin’s University Marcus Pavilion for the weekend of April 12 & 13, 2014. We hope you will join us then, and enjoy the momentum of the event.

Lewis County Home & Remodel Show The Lewis County Home & Remodel Show was held April 20 & 21 at the Southwest Washington Fairgrounds in Centralia.

May / June 2013

Scott Bergford Andy Gruhn Adam Kugel

This show gave participants the opportunity to meet with local homeowners in the Lewis County area.

Members reported that they made good connections with the public in attendance, and many have already booked appointments for jobs.

Bob Clark John Kaufman Walt Robertson

Associate Directors

Jeff Klingberg Heath Howerton

Holly Constantine Rusty Ruiz

Legal Counsel Jay Goldstein

National Directors

Thanks to show sponsors, MDK Construction, Inc., Twin Star Credit Union, Lexar Homes and The Chronicle.

Bob Kagy John McKinlay

Karen McClennen

State Directors

Tina Allen Tim Dickey Erik Jensen Harv Lillegard Karen McClennen Paul Muldoon Scott Nolan Jim Simmons

Grays Harbor Home & Garden Show The Grays Harbor Home & Garden Show will be held May 18 and 19 at the Grays Harbor County Fairgrounds in Elma.

Ray Bonney Janine Ezzell.

Don Koidahl Bob Love.

John McKinlay.

Aaron Nester.

Carmen Rowe.

Life Directors

Jack Anderson Debbi Boyd William Childress Michael Cornforth Daimon Doyle Peter Fluetsch Don Koidahl Mason Manning Linda Mosier-Vaudt Brian Panush Tommy Poplin Mark Shaffer Andrew Spear

This show has been held in partnership with the WSU Master Gardeners of G r a y s Harbor County for many years, and is always a good draw.

Rick Borovec Clark Burkheimer Patrick Connor Merrilee DeForest Stuart Drebick Bob Kagy Bob Love Karen McClennen Al Mullins Bill Peters Rob Rice Greg Stevens Brad Wilson

Life Members

George King Mary Gordon, Honorary Douglas DeForest, Honorary

Lewis County Master Builders President...................................Erik Jensen First Vice Pres....................... John Johnson Assoc. Vice Pres.................... Becky Rieger Secretary............................... Rick Borovec Immed. Past Pres...................... Scott Nolan Builder Directors.................... Don Koidahl Dave Danton, Dustin Westfall Associate Directors............. Carmen Rowe, Jason Kunz

Mason County Master Builders

President.................................Aaron Nester First Vice Pres..................................... TBD Assoc. Vice Pres.......................... Mike Gill Secretary..................................... Bob Love Immed. Past Pres....................Aaron Nester

South Pacific County Master Builders

President.................................. Ray Bonney First Vice Pres.................. Steve Waltemate Immed. Past Pres...................Lori Wirkkala

Grays Harbor Master Builders President.............................. Harv Lillegard First Vice Pres..................................... TBD Assoc. Vice Pres........................ Rusty Ruiz Secretary......................... Rhonda Sturgeon Immed. Past Pres................. Harv Lillegard

Association Staff Executive Officer......................Laura Worf Dir. Member Services......Stacey Genzlinger Govt. Affairs Director................Angela White Bookkeeper............................Sally Darrow Mbr. Services Director........... Tony Brooks

Chalk Line is the official publication of the Olympia Master Builders, an affiliate of the Building Industry Association of Washington and the National Association of Home Builders. The Olympia Master Builders can be contacted at 1211 State Avenue NE, Olympia, WA 985064234. Telephone 360-754-0912 or 800-456-6473. Fax 360-754-7448. Visit our web page at www.omb.org.

Thank you to show sponsors House Brothers Construction and Jodesha Broadcasting.

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Olympia Master Builders / Chalk Line

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OLYMPIA, WA PERMIT #159

1211 STATE AVE. NE OLYMPIA, WA 98506 $1.25 per copy 360-754-0912 800-456-6473 www.omb.org

Cornerstone Partners

Cornerstone Partners recognizes member companies whose financial support have made our association programs possible. For more information on how your company can be recognized as a Cornerstone Partner, email Tony at tony@omb.org or call (360) 754-0912.

GRANITE Sponsors QUARTZ Sponsors MARBLE Sponsors Olympia Master Builders / Chalk Line

Abbey Capital Floors • Cabinets By Trivonna • Fastsigns • House Brothers Construction, Inc. • Johnson Custom Homes, LLC • 96.9 KAYO & AM 1240 • KGY • Kugel Corporation • Lew Rents Company • Lexar Homes • Mixx 96.1 KXXO • O Bee Credit Union • Olympia Construction, Inc. • Olympia Federal Savings • Scott Homes, Inc./Northwest Energy Team • Sunset Insurance Agency, LLC • TwinStar Credit Union 16

May / June 2013