ROOFING FLORIDA - February 2015

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

Medical Marijuana - It’s Back!

Pictures or Words Construction Arbitration Solar Looking to Gain Ground in Florida Pressure Washing Roofs: Contractor Liability Code: From Words to Print FRSA’s Annual Convention & Expo: 93 Years and Still Evolving FRSA’s Board and Committee Updates Boots on the Roof

FEBRUARY 2015

5

Medical Marijuana It’s Back!

7

Construction Arbitration

10

Pressure Washing Roofs: Contractor Liability

18

FRSA’s Annual Convention & Expo: 93 Years and Still Evolving

21

6 9

Pictures or Words

Solar Looking to Gain Ground in Florida

14

Code: From Words to Print

20

FRSA’s Board and Committee Updates

Boots on the Roof

Now Available Online at www.floridaroof.com/roofing-florida-magazine

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

On the iPad

FRSA Executive Director, Lisa Pate, CEM ◆ Editor, Christopher Homer

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

Any material submitted for publication in ROOFING FLORIDA becomes the property of the publication. Statements of fact and opinion are the responsibility of the author(s) alone and do not imply an opinion or endorsement on the part of the officers or the membership of FRSA. No part of this publication may be reproduced or transmitted in any form or by any means, without permission from the publisher.

www.is.gd/iroofing

ROOFING FLORIDA (VOL. 6, NO. 2), February 2015, (ISSN 0191-4618) is published monthly by FRSA, 7071 University Boulevard, Winter Park, FL 32792. Application to mail at periodicals postage is pending at Winter Park, FL and additional offices. POSTMASTER: Please send address corrections (form 3579) to ROOFING FLORIDA, PO Box 4850, Winter Park, FL 32793-4850.

Burt Logan ◆ President’s Column

From the Meetings...

I hope that your year has started off on a great note.

It appears as though economic recovery is slowly coming around, and is providing us with more financial stability than we’ve had in the past few years.

Hopefully, it has graced your business. If not, keep your head up and remain positive!

Speaking of positive, I want to thank all of the members who attended the January Board and Committee Meetings held at Amelia Island. Many productive ideas and helpful suggestions came out of the meetings, and this kind of thinking only assures me that FRSA and the Affiliates are taking great strides forward.

I especially would like to thank George Manson for his contribution in getting the Affiliate Roundtable back together and leading it. This Roundtable, the first in eight years, was productive and we left with some fantastic ideas on how FRSA can better help our Affiliate members.

The point driven home was the need to increase communications between the Affiliates and FRSA. To accomplish this we’ll need to compile a list of guest speakers, produce membership information, create and diffuse literature, of both the Affiliates and FRSA, to prospective members.

During some committee meetings discussion took place on opening up membership to nonmembers who would like to participate in the Young Professionals Council. After lengthy discussions, the consensus of the group was to allow a nonmember to attend the Board and Committee meetings one time, provided they are sponsored by a member. The Board of Directors agreed to this concession and look forward to more participation not only on the Young Professionals Council, but with other committees as well.

Also stemming from these meetings was the adoption of a position statement requesting that the Florida Building Commission (FBC) support legislation to stop purging the Florida specific code language prior to each code development cycle. The overview is as follows:

“All of the Florida specific provisions in the Florida Building Code were carefully and thoughtfully reviewed and adopted by the FBC in the last code development cycle. It may have been a good every-ten-years exercise to re-evaluate the validity of all Florida specific provisions in the last code development cycle, but it is of 4

ROOFING Florida

February 2015

no value to repeat the exercise every single code development cycle.

While use of the International Building Codes (IBC), published by International Code Council (ICC), may be acceptable as a foundation step, the evolution of the governance and voting process of the ICC puts Florida at risk if we continue to purge Florida specific provisions every three years. Not infrequently, ICC voting on code modifications is with less than 100 total voting members at the mercy of a majority group with particular special territorial interests. We do not believe it is in the best interests for the health, safety, and welfare of the citizens of Florida to risk use of this model code as a default measure as a result of frequent and useless purging of well-established and needed Florida specific provisions.

We are also concerned about the steps taken that will move Florida toward the elimination of the Florida Building Code with the ultimate goal of total assimilation into ICC and the International Codes. During the last code development cycle, the first one with the purging of all Florida specific provisions, there was an intense effort to make the Florida Building Code look much like the International Codes. There are philosophical differences in design, product approval, and the total roof system approach between the roofing code information found in the ICC base code and the Florida Building Code. The removal of this practical code language from the Florida Building Code was developed through years of research, product and system testing; it would make no sense to throw that research away. We also believe this is true for Florida Building Code provisions beyond roofing that are necessitated by Florida’s unique climate and soil and other conditions which, as a system, are not duplicated anywhere else in the nation and are not well addressed in the International Codes.

Voting at the ICC level is restricted to government employees. While there may be some limited opportunity for input, there is no certain or meaningful opportunity for input from design professionals, contractors, or manufacturers. This means there is a 100 percent loss of consideration and accountability for factors that relate to feasibility and liability. Keeping Florida in a position that risks a default to this set of model codes is not responsible and repeal of the automatic three-year purge of Florida specific code provisions is needed to prevent this.

The FRSA believes in a standalone Florida Building Code and preservation of code development work already accomplished and still valid for Florida. We should not expect ICC voting individuals of non-hurricane impact states to waste time or favorably consider and adopt hurricane code language that would be ineffective, costly, and burdensome for states other than Florida and possibly a few coastal areas. In the same vein, we oppose Continued on Page 19

Cam Fentriss ◆ FRSA Legislative Counsel

Medical Marijuana – It’s Back!

It should surprise no one that, after the close failure of passage of the medical marijuana constitutional amendment, there is a renewed effort to get something passed as we head into the 2015 legislative session that starts on March 3.

Whether you are for or against, you have to admit that this subject is a big mess. The proponents are arguing that it is for pain and symptom relief. The opponents are worried that it will bring crime and the decline of our society, to include such things as public urination. Both sides are right and wrong at the same time. What a difficult situation.

In April 2014, Florida’s legislature passed legislation to allow for a very limited use of a limited type of marijuana in the hope of helping children with a severe form of epilepsy. The state is still struggling with how to this If it is going to be legal in a form implement law, and the entire that can cause impairment, we want medical marijuana to be law is still contrary to federal law, makheld to the same standards as ing the whole thing any other mind-altering pre- an empty victory scribed drug, and there are for the suffering plenty already. We do not want children. to be told that we have no control In November 2014, Florida’s over an employee who shows up citizens just barely for work in a fog. And we most kept from passing a certainly do not want this to much broader plan become a workers’ comp free- to allow for medical for-all either by way of claims or marijuana by way of a constitutional cost of medical care or increase amendment. There in number of injuries. was and still is, a lot of support for this in Florida, but there was also some legitimate concern that what was proposed was more akin to recreational than medicinal.

During the intense campaign to pass the constitutional amendment, there was some noise from at least one legislative leader that if the amendment failed by a close vote, which it did, legislation would be proposed in 2015 to preempt another constitutional effort.

So here we are, starting the 2015 legislative session with legislation filed in the form of SB 528 by Jeff Brandes (R-St. Petersburg) and I expect a House companion bill

to be filed soon. To start, the filed bill looks similar to the constitutional amendment, although the proponents and opponents will probably disagree with that statement. Generally, the bill looks to allow medical-only marijuana with required doctor approval for people suffering from a variety of illnesses or conditions, and it proposes a regulatory structure applicable to patients, doctors, growers, and sellers.

I expect that the provisions in the bill will change a lot between now and the end of session, if it survives that long.

Philosophy aside, what is important to us as construction businesses and employers? Whatever it takes to keep us from being held liable for someone who uses marijuana and causes an injury or is injured – that is fair. If it is going to be legal in a form that can cause impairment, we want medical marijuana to be held to the same standards as any other mind-altering prescribed drug, and there are plenty already. We do not want to be told that we have no control over an employee who shows up for work in a fog. And we most certainly do not want this to become a workers’ comp free-for-all either by way of claims or cost of medical care or increase in number of injuries. None of that is too much to ask, and we will be working very hard to make sure these protections are included in anything that may pass the legislature this year.

Anna Cam Fentriss is an attorney licensed in Florida since 1988 representing clients with legislative and state agency interests. Cam has represented FRSA since 1993, is an Honorary Member of FRSA, recipient of the FRSA President’s Award in 2002 and received the Campanella Award in 2010. She is a member of the Florida Building Commission Special Occupancy Technical Advisory Committee, President of Building A Safer Florida Inc. and past Construction Coalition Chair (1995-1997).

Submit by May 1, 2015 www.floridaroof.com

5

Pictures or Words Mark Zehnal, CPRC, FRSA Director of Technical Services Pictures or Words My concept of political savvy would be having the knack to safely swim in waters that have been chummed with unobstructed morsels providing an effortless opportunity to feed; a regular smorgasbord attracting all types of fish including predatory creatures like sharks and barracudas.

Those fish, stumbling onto what they thought was a quick easy meal, if not careful, could find themselves as an easy swim-thru meal opportunity. The ability to snatch and hold on to pieces as they navigate through the torrent, thrashing in and out from side to side within the feeding frenzy and surviving is either luck, skill, or a little of both.

This past week I was able to watch as FRSA Legislative Counsel Cam Fentriss maneuvered through those waters during a special Florida Building Commission workshop in Tallahassee. Our main objective was to present the position statement approved during the January FRSA Board of Directors meeting in Amelia Island to the Code Coordination and Implementation Workgroup. The FRSA paper masterfully makes a case for the preservation of the Florida Building Code Development process. To view, please visit www.floridaroof.com.

A Picture Paints a Thousand Words My world is generally wrapped up, around and in the code and code development process whether here, at home in Florida, or during the International Code Council (ICC) process. Working in both arenas gives me repeated opportunities to share what I have learned over the last thirty-five or so years and to gain from the experience of others I engage with. However, at this meeting, aside from the usual pleasantries with colleagues I resigned myself to become the eye-candy. Some think I am obsessed when it comes to the building code and maybe they are right, but when it comes to delivering a political message, Cam is not only obsessed, but at times I think she might just be downright possessed! I wish I would have had the presence of mind to have taken a few pictures during the meeting that would demonstrate the impact her presentation made on those in attendance. Since I do not have pictures you will have to settle for my thousand word description. Lucky you!

Shock and Awe We sat in the back row, listening to the chairman explain his plan that would hopefully identify and correct problems that have delayed the past editions of the Florida Building Code. His desire was that the workgroup would review and evaluate the current code development method, identifying potential problems, and conflicts and propose solutions for meaningful legislative action to the code update process. At last, the opportunity to speak came toward the end of the meeting as the chair asked for

public comment. After a few good-natured and politically correct remarks, Cam rolled up her sleeves, unsheathed that Ginsu knife and began to systematically peel back the onion layer by layer. Have you ever experienced a time when you really knew the RIGHT answer to an issue, a common sense kind of thing, because it was just so obvious; but for some reason, it seemed like an unknown external force has affected everyone involved who should speak out for what is right? Well, on this occasion that force called in sick. Cam was extremely clear and to the point, explaining the benefits of the Florida Code development process that is entirely inclusive of all stakeholders unlike the prejudice of ICC code approval system that is limited to a certain group who are considered qualified to vote. Cam exposed all the excuses used to promote the new threat of a supplement volume exclusively for Florida specific code sections verses the Florida specific sections integrated into the base code. As stated in our position paper, it is not the Florida process that is broken: other than the repeated purging of Florida specific code language prior to the code development process and whether or not a code modification is acceptable based on if the proposed code modification was submitted for inclusion into the ICC code (see #3 below).

Florida Statute, §553.73 Florida Building Code (7), (g)  Amendments or modifications to the foundation code pursuant to this subsection shall remain effective only until the effective date of a new edition of the Florida Building Code every third year. Amendments or modifications related to state agency regulations which are adopted and integrated into an edition of the Florida Building Code shall be carried forward into the next edition of the code, subject to modification as provided in this part. Amendments or modifications related to the wind-resistance design of buildings and structures within the high-velocity hurricane zone of Miami-Dade and Broward Counties which are adopted to an edition of the Florida Building Code do not expire and shall be carried forward into the next edition of the code, subject to review or modification as provided in this part. If amendments that expire pursuant to this paragraph are resubmitted through the Florida Building Commission code adoption process, the amendments must specifically address whether: 1. The provisions contained in the proposed amendment are addressed in the applicable international code.

2. The amendment demonstrates by evidence or data that the geographical jurisdiction of Florida exhibits a need to strengthen the foundation code beyond the needs or regional variations addressed Continued on Page 17

6

ROOFING Florida

February 2015

Trent Cotney ◆ FRSA Legal Counsel

Construction Arbitration The majority of construction contracts require that the parties resolve disputes through arbitration. For example, the AIA form contracts prior to 2007 required that disputes be resolved by arbitration rather than litigating in the court system. Unlike litigation, arbitration involves the parties submitting their claims to one or several arbitrators that act as judges to determine the outcome of the disputes on a project.

The arbitrator’s decision is binding and difficult to appeal. Although many advocate the use of arbitration, there are benefits and drawbacks that each contractor should consider prior to placing an arbitration provision in their contract.

Normally, arbitration may be cheaper than litigation. The arbitration fees may be expensive, but arbitrations generally conclude quicker than court cases. The parties are free to choose arbitrators through an association such as the American Arbitration Association (AAA) or may select a mutually agreed upon private arbitrator.

Generally, there is also less discovery that is performed in arbitration than in a court case. Discovery includes things like, depositions and requests for documents. This is a benefit in that it decreases attorney’s fees and costs. At the same time, it could potentially be a drawback if your counsel is unable to obtain all of the discovery needed to properly prosecute or defend your case.

A benefit of arbitration is that once the parties have finished the arbitration and confirmed the arbitration award, the case is usually closed. Unlike court cases, it is extremely difficult to appeal an arbitration award.

Another benefit of arbitration is that the parties may select an arbitrator that has construction experience and is more knowledgeable than your average judge or jury regarding construction issues. Having a knowledgeable arbitrator allows the parties to communicate at a higher level and spend less time educating the arbitrator on construction and more time discussing the dispute itself.

Arbitration is a useful tool for the avoidance of the jury trial situation. Every roofing contractor faces claims for water intrusion for work that it has performed.

Sometimes this water intrusion may damage other property and plaintiff’s attorneys may seek to have a jury trial on the issues in an attempt to get a larger award. If you have an arbitration provision in place, it would prevent the jury trial scenario and force the parties to go to arbitration outside of the court system.

At the same time, if a roofing contractor is pursuing money, it may also be bound by the arbitration provision. When a party is pursuing money, it may be more useful to proceed in court, depending on the dollar amount of what is owed and the facts surrounding the case. In any dispute resolution contained in a contract, a condition precedent to proceeding with arbitration should be that both parties engage in a non-binding mediation to allow the parties to resolve their disputes prior to moving forward with arbitration. It also gives the parties an opportunity to obtain free discovery and understand the opposing parties’ position.

Once in arbitration, it may be difficult to settle the claim. Litigation offers a variety of tools for attorneys to use that may put pressure on the other parties and increase the opportunity for settlement. Many of those tools are not present in arbitration, and a contractor is more likely to proceed to the end of arbitration, rather than settle the case prior to its conclusion.

By understanding the benefits and drawbacks to arbitration, a contractor can determine whether or not it wants to place an arbitration provision in its standard contract. At a minimum, if a contractor chooses not to place an arbitration provision in the contract, it should include a waiver of jury trial provision to avoid any jury trial situation.

Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Trent Cotney is Florida Bar Certified in Construction Law, General Counsel and a director of the Florida Roofing Sheet Metal and Air-Conditioning Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA), and a member of the National Roofing Contractors Association (NRCA), Associated Builders and Contractors (ABC) and several other FRSA affiliates.

For more information, contact the author at 813-5793278 or go to www.trentcotney.com.

www.floridaroof.com

7

Coming Full Circle Christopher Homer, RFM Editor It would be extremely unwise to say that Meghan Roth suffers from the dreaded only child syndrome.

She may be the only daughter of John and Darlene Roth, but her heart is not filled with selfishness. It is filled with kindness and caring that she has shown through her charitable and altruistic work.

Meghan is a native Floridian, hailing from Daytona Beach.

Being an only child, she did not have a brother or sister to develop that sibling connection with. This forced her to, in her own words, grow up early. This forced interaction with adults caused her to mature and become a very bright individual at a very young age. Growing up, she enjoyed the outdoors and scenic nature that Daytona has to offer. Her father, John Roth, started working with Suncoast Roofers Supply Inc in the late 1990s, and prior to that, worked at B&F Supply, one of FRSA’s Founding Member Companies, in Daytona Beach.

She is a graduate of the University of Florida. Her father, being involved in the roofing industry, was aware of the Educational Foundation Scholarships and urged Meghan to apply. She won the scholarship and used it to help pay for school and room and board. Receiving the scholarship enabled Meghan to focus on her studies and not have to work a majority of her time at the University of Florida.

Once school was over, Meghan moved to the Orlando area in order to begin the professional part of her life. She worked for a major telecommunications company and, after putting in a couple of years there, moved into nonprofit work. Meghan’s move from the public sector to nonprofit work was spurred by her time spent volunteering at Cornerstone Hospice. Spending time doing work that benefitted others made Meghan realize that she needed to switch gears professionally. She decided that if she was going spend 40 plus hours a week at a job, she wanted it to be one where she could help others.

The driving force behind Meghan’s nonprofit work is her positive disposition to be around others and help them. She feels satisfied when she knows that what she is doing is having an impact on the community around her. One of the places that Meghan enjoyed working for 8

ROOFING Florida

February 2015

was the Hemophilia Foundation. Her responsibilities there included fundraising for the foundation, as well as planning and hosting events. This kind of valuable experience enabled her to continue to work in the nonprofit field. While it was not a nonprofit, Meghan worked for the City of Maitland at the Maitland Senior Center. At this institution, she honed her personal skills even more and found great solace in working with the elderly. After a few years away from the nonprofit industry, Meghan decided it was time to get back to what she was truly passionate about.

While Meghan loves doing charitable work, she also finds time to do things for herself. She is an avid runner; not just a person that runs up and down the block once a week, but an 8-time half-marathon runner. She enjoys doing half-marathons so much that she does them all across the United States. Meghan uses this opportunity to travel and discover different places different. One of Meghan’s most recent half-marathon was the Napa to Sonoma Wine Country Half-Marathon. From this race, Meghan raised $4,500 to be donated to the Crohn’s and Colitis Foundation of America. She claims to not be an athlete, but lives by the motto that if you put your mind to it, then you can accomplish it.

Meghan comes from a great background and gives back to her community. She has said that, as of recently, her life is starting to come back full circle. She is getting to enjoy more things, runs frequently, visits her family often, and she is working in an industry familiar to her from a young age. She remembers her parents going to the FRSA Expo and Convention, as it was declared their “vacation.”

She remembers meeting members that are still around today. Meghan is not only a great addition to the FRSA staff, but is extremely humbled to be here, in this position, and is looking forward to running into those familiar faces.

Lisa Pate, FRSA Executive Director states, “We’re very pleased and fortunate to have Meghan on our team.

Her knowledge of the industry, the Foundation, and the nonprofit segment gives us the opportunity to grow the Foundation. Meghan jumped right in and began promoting the Silent Auction and seeking donations; one of the sources of income that supports scholarships.”

Meghan is in charge of the FRSA Educational and Research Foundation. If you have any questions, she can be contacted at (800) 671-3772 ext. 123 or at meghan@floridaroof.com.

Solar Looking to Gain Ground in Florida Christopher Homer, RFM Editor The Florida Legislature adopted the “Sunshine State” moniker in a 1970 legislative session. From this, and the overall sunny disposition that Florida has, it would seem ironic that the State of Florida would be lagging behind when it comes to renewable solar energy. As of right now, Florida lags behind solar development compared to states like Massachusetts and New Jersey; both of which, see less sun in the winter compared to Florida.

Use of solar, especially in the sunny state of Florida, would be a valuable asset and could generate an immense amount of energy for the state. This value has been seen by the US Navy and Air Force. The Armed Forces, along with Florida utility company Gulf Power, have recently commissioned 120 megawatts of new solar energy projects. This 120 megawatt addition would be spread across three different projects along the Gulf Coast of Florida. Upon completion, the three projects would be the largest solar photovoltaic power plant contracted by the military in Florida and three of the largest on the East Coast. This collaborative effort is unheard of in the State of Florida. Another project, spearheaded by Lockheed Martin, will also provide a huge impact in the state.

In order to bring their company into the 21st Century, Lockheed Martin decided to go big with solar panels. They contracted with Advanced Roofing and Advanced Green Technologies in order to help design and build their 151,400 square feet solar carport. Advanced Roofing, an FRSA Member and Florida-based commercial solar contractor, competed and beat out other national and Florida-based firms for the contract.

The solar carport, which will be built at Lockheed Martin’s Clearwater Missions Systems and Training facility, would be the largest private, non-utility owned solar array in Florida. The 2.25 megawatt carport is estimated to produce 3.33 million kilowatt hours of electricity per year. This means, that the carport itself could cut the

facility’s electrical expenses by up to 60 percent. A project

by Florida Power and Light (FPL) is also in the works.

FPL is planning on building three new solar power plants in order to advance clean energy. These three plants, one in Manatee County, one in DeSoto County, and a final one in Charlotte County, would be estimated at 225 megawatts, and will include about one million solar panels between the three.

The first plant, located in Manatee County to be named the FPL Manatee Solar Energy Center, will be built on the site of a FPL natural gas power plant. The second, in DeSoto County to be named the FPL Citrus Solar Energy Center, will be near Florida’s first large-scale solar plant, which was commissioned by FPL back in 2009. The third plant, located in Charlotte County, will be built in coordination with and supported by the county and the Babcock Ranch Community. From its involvement, this plant would be known as the Babcock Ranch Solar Energy Center. As well as building solar power plants and solar in general, measures are being taken in order to make Florida a leader in solar energy providers.

“Florida used to be the No. 1 producer of solar energy in the nation. Currently we’re 18th,” said Reed Wilson, president of the Florida Solar Industries Board.

Solar has failed to become a popular source of energy in Florida stemming from the costs and financial burden associated with it. Also, the implementation model of solar is extremely costly, thus limiting it as a driving factor for energy solution. Solar has also not been seen as cost effective because of the fact that electric rates are lower in the South compared to those in the North, and the cost of solar panel installation and utilization is so high.

According to the LA Times and Tampa Bay Times, this lethargy is the direct result of opposition presented by the utility companies in the South. Wilson also stated that, “Over the years, we’ve just seen that utilities Continued on Page 12

The 2.25 megawatt Lockheed Martin solar carport in Clearwater, FL is projected to produce 3.33 million kilowatt hours of electricity per year. Photo courtesy of Lockheed Martin

www.floridaroof.com

9

Pressure Washing Roofs: Contractor Liability Michael Schuman, Senior Field Advisor Tremco Roofing & Building Maintenance The roofing industry continues to evolve and the installation of white reflective coatings and single ply roofing systems are more prevalent now than in previous years.

Consequently, roofing contractors have a need to pressure wash a roof from time to time as part of a regular maintenance program to brighten the appearance or part of the preparation required to apply a roof coating.

Despite the benefits of cleanings roofs, it creates a challenge for us because waste water from the process is prohibited from entering the storm water system through roof and street drains.

In 1948, Congress enacted the Federal Water Pollution Control Act referred to today as the Clean Water Act (CWA). The CWA has been amended extensively to present day. The current major focus of the CWA, according to the Environmental Protection Agency’s (EPA) website is to, “restore and maintain the chemical, physical, and biological integrity of the nation’s waters by preventing point a nonpoint pollution sources.” The CWA authorized the EPA to develop the Federal National Pollutant Discharge Elimination System (NPDES) permitting program. The NPDES program requires anyone who operates or discharges non-storm water into a municipal separate storm sewer system (MS4) obtain a special permit. The program also dictates the acceptable water quality standards for discharge into the system under that permit. The EPA has further mandated that municipalities provide the legal authority to control discharges to their MS4’s and in 2000, authorized the Florida Department of Environmental Protection (DEP) to implement the NPDES storm water permitting program in the State of Florida. DEP’s authority to administer the program is dictated in Section 403.0885 of the Florida Statutes.

This statute requires that all operators of MS4’s obtain an NPDES permit. The Municipal Separate Storm Sewer Systems Chapter 62-624 of the Florida Administrative Code (F.A.C.) was developed and provides the requirements for processing MS4 permits. The rule also provides general requirements and procedures for the issuance, denial, revision, suspension, and revocation of the permits.

How does this affect disposing of waste water from cleaning roofs? F.A.C. 62-624 defines an illicit discharge as “any discharge to an MS4 that is not composed entirely of storm water, expect discharges pursuant to an NPDES permit and the following categories of non-storm water discharges provided, they do not cause a violation of water quality: a. b. c. d.

10

Water line flushing, Landscape irrigation, Diverted stream flows, Rising ground waters,

ROOFING Florida

February 2015

e. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005 (20)), f. Uncontaminated pump ground water, g. Discharges from potable water sources, h. Foundation drains, i. Air conditioning condensate, j. Irrigation water, k. Springs, l. Water from crawl space pumps, m. Footing drains, n. Lawn watering runoff, o. Water from individual residential car washing, p. Flows from riparian habitats and wetlands, q. Dechlorinated swimming pool discharges, r. Residual street wash water, and s. Discharges or flows from firefighting activities.”

According to the Florida Statues, enforcement is the responsibility of the local MS4 operator of municipality.

Penalties for an illicit discharge vary from operator to operator and are based on state and local laws and ordinances. Each day the discharge occurs is considered a separate violation. The penalties can include any or all of the following: ♦♦ ♦♦ ♦♦ ♦♦ ♦♦ ♦♦ ♦♦

Written warning Stop work order Submission of a corrective action plan Costs associated with water sampling Costs associated with clean up Fines Imprisonment

So, what does this mean for the roofing contractor? Wash water generated from pressure washing cannot enter the storm water system. Roof and street drains tie directly into the storm sewer system and ultimately, directly to our waterways. The roofing contractor must collect and properly dispose of that wash water. Wash water that drains onto soft-scape and is absorbed into the ground is acceptable as long as it does not enter the storm sewer.

I submitted an online request for clarification through the Hillsborough County Information & Services Center Portal. In response, Paula Noblitt, Manager of Compliance Enforcement with the Hillsborough County Water Management Division wrote, “Collection and treatment of wash water for proper disposal at a permitted treatment facility is the recommended practice. Cleaning of any surface, regardless of whether chemical or only physical means are used, generates a waste water stream.

The waste stream is considered industrial waste water and is subject to permitting and regulation. Discharges to surface water (a storm drain, ditch, retention pond, etc.)

Some of the equipment used when recovering the waste water from roof pressure washing. are subject to regulation under 62-4, 62-620, 62-660, and 62-302, Florida Administrative Code under the Florida Department of Environmental Protection. In addition, Chapter 1-5, Rules of the Environmental Protection Commission (EPC) also regulates these discharges as the water quality can be a concern.�

Roof waste water can contain a higher concentration of pollutants and hydrocarbons than regular rainwater, which can pose a health risk to both human and aquatic life.

Pollutants typically vary depending on the geographical location of the building. Busy traffic patterns, airport runways, and various types of manufacturing facilities in the proximity will affect the level of environmental pollutants that have been deposited on the roof surface. The processes that occur within the building, which vent onto the roof, will also affect the quality of the waste water. The roof of a restaurant for example, would probably contain animal fats from the kitchen exhaust fans.

It is important for the roofing contractor to be aware of these regulations and take the appropriate steps to protect their business, their client, and the environment.

Michael Schuman is a Senior Field Advisor with Tremco Roofing & Building Maintenance.

He has spent 40 years in the roofing industry, is a Registered Roof Consultant with RCI, Inc., and a Construction Document Technologist with CSI.

METAL

ROOFING BUY DIRECT! OOF VISU LR AL A ET

!

ER IZ

M

Same Day Pick-Up

FLORIDA ROOFING APPROVED

FLOR ROOF APPR

Call Us Today!

1-888-847-4103

Works on Any Computer!

www.ProofMyRoof.com

OUR FRIENDLY SALES STAFF CAN HELP ANSWER ANY QUESTIONS...

F L O R I D A M E TA L R O O F I N G

www.GulfCoastSupply.com

www.floridaroof.com

11

Continued from Page 9

Map of US detailing Florida lagging behind the much of the country in regards to solar energy production.

Image courtesy of LA Times have grossly influenced the Public Service Commission.”

The Florida Solar Industries Board believes that the utility companies are working to prohibit legislation from making incentives available to residents who want to install solar roofs. The utility’s counterpoint to the Florida Solar Industries Board ideas is that intermittent cloud cover and zero production at night hinders solar without an efficient way to store energy gathered during sunny periods. The utilities believe that solar is not yet efficient enough to be implemented en masse. Another reason why the utilities do not believe that it is a fair deal is because they have to bear the cost to install and maintain power lines, switches, computer networks, and other capital associated with electricity and the electrical grid. The utilities think that the homeowner who installs a rooftop solar system can place a burden on the grid. They want to keep the cost of electricity reasonable, and with people installing new technology, the amount of maintenance increases, and so does the cost that goes towards keeping the grid efficient.

That does not mean though, that a resident cannot install a solar roof, or solar panels.

In states like California, Massachusetts, and Connecticut, solar is affordable to homeowners through the use of leasing programs, tax breaks, and other government incentives. Some of these are not offered to the residents of Florida. The leasing program works by the homeowner signing a lease with the solar installation company. Then, the homeowner pays the cost of the solar panels over time and sells any excess energy the system generates; normally back to the energy company. This

12

ROOFING Florida

February 2015

creates another problem: not only does the utility company lose money because they are not selling the energy to that particular homeowner, but they also have to buy the energy back, mandated by states that say a utility company must get a considerable share of their power from renewable sources. This business model has been the cause of the gridlock in the Florida solar community.

There are little to no options for a homeowner to lease a solar panel system in Florida. Their only option remains to be, buying a solar system outright. This system is normally in the tens of thousands of dollars range, including installation. Because of this, Will Craven, spokesman for SolarCity, a company that installs and leases solar panels to homeowners, states that, “It has a ton of sunshine, a ton of rooftops. But there is no rooftop solar industry in Florida.” The high initial cost burden on the homeowner makes it incredibly unaffordable. It would take years in order to see the return on the solar panel investment. Not only are utilities resistant to solar in Florida, they are actively blocking forward progress.

The solar advocacy group Alliance for Solar Choice, or TASC, is in the process of trying to sit in on Public Service Commission policy talks in Tallahassee.

The Florida Public Service Commission is tasked to hold regular policy meetings on energy conservation and efficiency goals in order to come to a resolution. On June 10, 2014, the TASC submitted a petition in order to go to one of these meetings. The utilities of Florida filed a joint response opposing the TASC appearance. They cited that the TASC represented more than just mom-and-pop

» Friendly, dedicated service » Quality products » Competitive pricing » Technical assistance Millennium Metals has you covered with a variety of metal roofing panels, eave flashings, valley linings and ventilation products.

Call Today and Experience our First Rate Customer Service Proud Member

FR S

r A Membe

Florida Roofing, Sheet Metal and Air Conditioning Contractors Association

904-358-8366 Toll Free: 877-358-7663 Fax: 904-358-8285 Millennium Metals, Inc., 10200 Eastport Rd., Jacksonville, FL 32218

suppliers, they were acting predatory, and that the TASC just wanted to attend the meeting so that they could promote their business, markets, and divide the potential solar market of Florida. Whatever the TASC’s reasons may be, it would be smart and forward thinking to join in on the solar discussion. The solar industry in Florida is regarded as the “sleeping giant,” according to Will Craven.

Florida remains largely untapped for residential solar roofs. If the right plans fall in to place, making it more affordable for homeowners, would it not be wise for your business to offer it as a service? Would it not be wise to join the discussion in order to make your business more successful in the long run? If there is money to be made, make sure that you are prepared to make your share.

FRSA’s Educational Foundation Training Center

Courses to be taught in the new training center are already being planned for the first half of the year. They include: Tripling Your Results Sales Seminar (Feb. 24), Renovate, Repair and Paint (RRP) Lead Certification 8-hour (Feb. 27), OSHA 10-Hour course (March 5-6), Renovate, Repair and Paint (RRP) Lead Recertification 4-hour (March 20 and April 14) and NRCA Roofing Industry Fall Protection from A to Z (May 7).

As part of our ongoing educational series, will be offering training for foremen, superintendents and mid-level management, as well as owners and young professionals. Each of these groups has a preferred method of learning that works best for them, and we’re developing seminars to address those needs.

Rental costs for the training center are $500 for a full day and $300 for a half day for FRSA members.

Conference room rental costs come in at $200 for a full day and $100 for a half day. Nonmembers pay $600 and $400 to rent the training center for a full day and half day, respectively, while conference room fees are $250 for a full day and $150 for a half day.

www.floridaroof.com

13

Code: From Words to Print Christopher Homer, RFM Editor It takes a lot to detail, design, and then construct a build- disability. This process ensures wide coverage so that the ing. There are rules and codes that people and companies FBC does not neglect any person or any part of a building. must know and follow in order to make sure that what The Florida Building Code is split up into nine inthey are building is structurally sound. Just as much work dividual volumes. They are Building, Accessibility, Energy goes in to roofing a structure. There must be a certain Conservation, Test Protocols for High-Velocity Hurricane amount of slope so that water will drain properly. The Zones, Plumbing, Mechanical, Fuel Gas, Residential, and amount of insulation must be correct to fit the appropri- Existing Building. As you can see, the code covers a large ate R-value. Shingles must be able to withstand a certain range of topics. It would be wise to own, or have one perspeed of wind and not dissolve in the rain. There is a tre- son in your company own, a set of these books. Consider mendous amount of detail that goes into designing a roof system, but it is there for a reason.

The sole safety net for builders of anything in the State of Florida is the Florida Building Code. The code is Florida’s single, statewide rulebook on building regulations.

According to the code itself, it was designed to, “make the local building process more efficient, increase accountability, bring new and safer products to the market, increase consumer confidence, and better protect the residents of this natural-disaster prone state.” The Florida Building Code has been established in order to protect the people who build the buildings and conversely, the people that occupy them.

The Florida Building Code is not made up of random rules that were thought to have been useful. The code has been designed, groomed, pieced together, and amended by the 25-member technical body known Sarasota Yacht Club, Sarasota, FL Architect: DSDG Inc. Roofing Contractor: All Steel Consultants Inc. as the Florida Building Commission Material: Tite-Loc Plus Aluminum Panels (FBC). “The FBC is responsible for finished in PAC-CLAD Kynar 500 Silver. the development, maintenance, and interpretation of the Florida Building Built to withstand 130 mile per hour winds, this roof Code through a consensus-building takes shelter to the next level. process,” as stated on their website.

The process is quite political and Tite-Loc Plus Metal Roofing Panels provide ultimate protection with rock solid construction. does involve some key figures from Florida’s political landscape. The The Sarasota Yacht Club’s re-imagined building Chair of the FBC is appointed by the needed to blend modernist principals with Florida’s Governor of Florida and subject to typical clubhouse architecture for a coastal confirmation by the Florida Senate. contemporary feel. Tite-Loc Plus Metal Roofing Panels Other members of the Commission provided the perfect clean-lined look to top it all off, WWW.PAC-CLAD.COM I IL: 1 800 PAC CLAD are appointed by the Governor and while also offering ultimate performance. Meeting the MD: 1 800 344 1400 I TX: 1 800 441 8661 represent all walks of life. They curGA: 1 800 272 4482 I MN:1 877 571 2025 required wind speed uplifts for this waterfront location, rentlyt range from representation Tite-Loc Plus Panels are UL-90 Certified as well. It’s of building and fire departments to the perfect marriage of substance and style. those who represent persons with

Shelter from the storm

®

14

ROOFING Florida

February 2015

PAC_Sarasota_Tite-Loc_Plus_half isl_RF_nl.indd 1

12:36 PM Continued2/20/15 on Page 23

S.T.A.R. Awards Winner: McEnany Roofing Inc Casey Key Chinese Pagodas

The 2014 S.T.A.R. Award winner for the most Unique Roof went to McEnany Roofing Inc with their installation of the Chinese Pagoda roofs at Casey Key. This project consisted of installation of handmade clay roof tiles and dragon and bird sculptures on three different pagodas and two moon gates for a tea garden at a private residence.

The roof structure on these areas was poured-in-place structural concrete. Sealoflex Liquid water proofing was installed over the concrete prior to the custom tile installation. The field cap and pan tile was installed on concave roof surfaces with foam tile adhesive, the hips were installed over custom fabricate stainless steel perforated hip stringers, and the hip tiles were attached to the stringers with copper wire.

What made this job the winner of the 2014 S.T.A.R. Unique Roof was the fact that the roof, and installation, was not atypical like other entrants in the

category. The fact that the tiles were handmade and delivered from China was a selling point for coming in first.

Other points for capturing the first place prize were the fact that these pagodas were the centerpiece of the tea garden, the different style of roof application, and the overall aesthetic achieved. Nothing submitted in this category looked similar.

Remember, submissions for the 2015 S.T.A.R. Awards are coming up fast. The DUE DATE for submissions is May 1st, 2015.

Submission forms, project profiles, and photos can be sent to Cheryl Sulock, PO Box 4850, Winter Park, FL 32793, or emailed to cheryl@floridaroof.com (please be sure to put “S.T.A.R. Awards” in the subject line). If you have questions, please call Cheryl at 800-767-3772 ext. 177.

Get the Word Out! Being a Member has its Benefits!

“Whiting Construction has been a member of FRSA for 17 years. FRSA has played an important role in the success of our business. As a member of the FRSA, we have utilized the benefits afforded to us: such as the Self Insurers Fund for workers’ comp and the continuing education seminars offered through the Educational Foundation. As a business owner, I have the peace of mind knowing both my insurance and my continuing education credits are handled through the FRSA and its entities. Thank you FRSA for being a part of our successful business all of these years.”

Whiting Construction, Inc. Palm City, Florida Not a Member of FRSA? Here are a FEW of the items you are missing out on: ♦♦ ♦♦ ♦♦ ♦♦ ♦♦ ♦♦ ♦♦

FRSA Membership Directory: An annual opportunity to market your company to the largest group of highlyqualified, professional roofing and sheet metal contractors in the State of Florida. Your company will be seen by the people making the purchasing decisions in one of the largest roofing markets in the United States.

FREE Human Resources services to advise you on employment issues provided through Seay Management.

Discounted rates for educational seminars and FRSA’s Annual Convention & Expo.

FREE $2,000 accidential Death & Dismemberment Policy.

List job opportunities with your company on the FRSA website.

Access to Hunter Warfield, the industry leader in roofing and building supply debt collection, credit consulation, and asset investigation.

Social Media Updates - “Member Monday’s - Discover Your Benefits,” “Safety Matters,” and “Throw Back Thursday’s.”

Join Today! Call Maria at 800-767-3772 ext. 142 www.floridaroof.com

15

How to Build Your Selling Confidence John Chapin, CompleteSelling.com The biggest issue I see with salespeople, by far, is a lack of confidence. While most salespeople deal with this in quiet desperation, there are also the loud ego-maniacs who, while seeming to have too much confidence, in reality also do not have enough and are simply overcompensating.

This lack of confidence and belief leads to a fear of making phone calls, knocking on doors, and otherwise doing whatever it takes to be successful.

Rule 1: Stop making excuses and instead, develop your sales skills Two days ago, someone told me the only reason he lost a $250,000 deal was because he was $2,000 higher than the competition. He then went on to tell me that his area is different from every area of the country and people really do buy solely on price.

That is an excuse I hear about once a week. Ten out of ten times, when I research their market and find the company doing the most business, the top company is always selling more expensive products to the same people, who supposedly buy only on price. The truth is, your market is not the exception to the rule. Price is simply an excuse for not doing the hard work of developing sales skills and learning to sell value.

There are the obvious excuses people use such as the economy, our prices are too high, there is too much competition, and then there are the less obvious ones that the powerful subconscious brain creates to protect our fragile egos and save us from stepping out of our comfort zone. For example, I once had a Financial Planner tell me that the reason he does not ask for referrals is because he knows a guy whose client got irritated and closed his account because he was asked for a referral. Has that ever happened? Maybe. Assuming you are asking nicely and not constantly beating them over the head, the odds are probably 1 in 10,000,000. This leads to another issue I see a lot; living as if the exception is the rule. Living your life afraid of the exception, the 1 in 10,000,000, will ensure you have no life and no business. In fact, if you ran your whole life according to odds like that, you would never get in a car, leave the house, or even get out of bed for that matter.

We come up with the most ridiculous, unlikely scenarios to avoid facing our fears. The key is to realize all excuses are just that, excuses, and whatever one you come up with, someone has had it worse and overcome it. So whatever excuse you keep repeating, stop it! At the end of the day, price, the competition, and your significant other have nothing to do with where you end up, the only one who determines that is you.

16

ROOFING Florida

February 2015

Rule 2: Get completely sold on your product, your company, and you I have seen the most timid people become the most confident, persuasive salespeople when they believed in their product and what they were doing. I once watched a young stock broker who only opened three accounts in four months, open three in an hour when news came out on the stock he was pitching and it started to go up in price. He was possessed and would not take no for an answer. He knew people were going to benefit. If you have a deep knowing, an absolute belief and conviction that you unequivocally have the best product, and one that can help people, you will move Heaven and Earth to get the word out and make sure everyone has it.

Rule 3: Prepare The more prepared you are, the more confident you will be. You need to know your product and be ready for anything that comes up on the sales call. You need to have solid answers for every question, objection, issue, and customer situation you might run into. The answers need to be committed to memory and roll off your tongue to the point where if someone were to wake you at 3 a.m., you would be able to answer immediately.

Rule 4: Get comfortable being uncomfortable, and face and conquer your fears These two will do more to build your confidence and selfesteem than almost anything else. In the most important times in your life, you will be uncomfortable and also a bit fearful. How many times in those situations did you do or say something you wish you had not, or did not do, or say something you wish you had? Look for uncomfortable situations, put yourself in them, and embrace them.

What you will realize, is that very few things in life are in fact life and death. When you come to this realization, you will simply take a deep breath, relax, and do and say what you need to.

That cave you are afraid to go into holds the treasures you are looking for. Fears create blind spots. When you overcome them you will wake up one day and see things you never saw. They have been there all along, your fears just simply would not let you see them. When you overcome a fear, you will be empowered and begin to run at fears as opposed to away from them.

Rule 5: Work on motivation and self-discipline The fastest way to motivation is to realize WHY you are doing what you are doing. What is the ultimate goal and payoff? To find your WHY, decide what you really want out of life. What do you want your life to ultimately look like? What do you want for your family and your kids?

What do you want to be able to do? With a powerful

enough WHY, you will face any fear and endure through anything.

Self-discipline is getting in the habit of doing what you need to do every day whether you feel like it or not. If you can simply get in a daily routine and make everything you have to do a habit, the locked in habits will usually be enough to keep you going and on track.

Here are some additional tips: ♦♦ Fake it ‘til you make it. Act as if you already possess the confidence you need. ♦♦ Get someone to hold you accountable. ♦♦ Engage in self-confidence and self-esteem building activities. ♦♦ Stop taking things personally. ♦♦ Stop caring what others think of you.

Pictures or Words

Continued from Page 6

by the foundation code, and why the proposed amendment applies to this state.

3. The proposed amendment was submitted or attempted to be included in the foundation codes to avoid resubmission to the Florida Building Code amendment process.

If the proposed amendment has been addressed in the international code in a substantially equivalent manner, the Florida Building Commission may not include the proposed amendment in the foundation code.

Cam was well prepared as usual, which was evidenced by the members of the workgroup and other interested John Chapin is a sales and motivational speaker and parties and visitors who were listening intently to her trainer. For his free newsletter, or if you would like him fact-filled and illustrative presentation. However, some to speak at your next event, go to: www.completesellin attendance left the meeting, having the added pleaing.com. John has over 26 years of sales experience as a sure of being educated in the ways of the force via Cam’s number one sales rep and is the author of the 2010 sales light saber tongue pounding. For the code mavens who book of the year: Sales Encyclopedia. For permission to were in awe of what took place during those seventeen reprint, e-mail: johnchapin@completeselling.com. minutes, the buzz word was “priceless.” I overheard others saying “FRSA is right” and “she said what we all were thinking.”

So, the moral of my story is, if you would rather be swimming with than sleeping with the fishes, Over 60 Million Square Feet just bring Cam.

Affordable Metal Retrofit Solutions Installed Since 1991.

Find us on Social Media facebook.com/flroof

twitter.com/flroof

Visit our Website to Check Out the Benefits of Using Roof Hugger.

www.roofhugger.com

800-771-1711

ROOF HUGGER

Our NEW CD-ROM is available by calling or emailing sales@roofhugger.com

youtube.com/user/ FloridaRoof

www.floridaroof.com

17

FRSA’s Annual Convention & Expo: 93 Years and Still Evolving

Cheryl Sulock, CMP, FRSA Director of Convention and Trade Show Each year, as the Annual Convention comes to a close on Friday and and attendees pack their suitcases to travel home, FRSA’s Saturday and Convention Committee Members are already talking the Expo will about next year’s Convention. What worked? What did offer attendees not? What should be changed? Committee Members bring dedicated time these ideas to the fall board and committee meetings and to discover new hit the ground running. For our 93rd Annual Convention products and & Expo, held on July 16-18 in Orlando, these ideas have services and led to exciting changes, new networking opportunities, interact with and significant technological advancements. industry professionals. The Change is in the Air silent auction, Committee Members wanted to capitalize on the best daily cash prizopportunities for Convention attendees and exhibitors es, daily beer to gather. With attendance numbers declining at the busts, and a fun Saturday Night Themed Banquet over the past few years, affiliate compethey recognized that a Saturday Night event was a thing of tition will make the past. Instead, the Committee Members shifted their the Expo floor focus to evening social events on Thursday and Friday. the place to be.

With the Thursday night crowd growing year after year, this July Convention and Expo attendees will find an The Wave of expanded Welcome Reception at the Hyatt Regency the Future Orlando from 5pm-7pm. Interactive food stations, fun, After a successful inaugural year of FRSA’s event app, and entertainment will transform a typical reception into Convention Committee Members wanted to continue a must-attend, kick-off party. making technological advancements to the show. New for

The Friday Spotlight Trophy for the Advancement 2015 is online registration for the Convention and Expo. of Roofing (S.T.A.R.) Awards will get started with a 6pm By moving registration to an online space, we have made reception followed by dinner, FRSA Officer Installation, it easier for attendees to quickly and easily add events to and recognition of all S.T.A.R. Award recipients. New for their virtual shopping carts and check-out using a credit 2015, the panel of judges will select one project to receive card. The event app will continue to offer attendees a comthe “Shining STAR” Award and recognition as the best plete schedule, exhibitor list, maps, and links to FRSA’s roofing project in the state of Florida in 2014. Also new for social media sites.

Look for the registration website and event app 2015, the fun will continue after the final award is given out with the S.T.A.R. Awards After-Party, which will in- instructions to be released this spring. In the meantime, clude drinks, desserts, and dancing. be sure to keep an eye on www.floridaroof.com for the latest updates and information.

Network, Network, Network The evening social events will not be the only place to net- Reserve your Booth Today work with industry professionals. The Convention will get If you have not reserved booth space for the 2015 Expo, started on Thursday with popular sporting events. This time is running out. Over 90 percent of the show floor year, the golf tournament will head to ChampionsGate is already filled! Do not miss out: contact Cheryl Sulock Golf Club with an expanded 2-course tournament, mak- at (800) 767-3772 ext. 177 or cheryl@floridaroof.com to ing room for additional participants. The clay shooting reserve a booth today. Be sure to also ask Cheryl about tournament will also head to a new facility with more FRSA Sponsorship opportunities that will give your comspace, Tenorac Shooting Range. After a popular first year, pany great exposure before, during, and after the event. the fishing tournament will return to Port Canaveral with additional boats to accommodate the growing demand.

There are deadlines to secure the boats, so make sure to get your fishing registrations in by June 16 for significant savings.

Of course, the best networking opportunity will always be at the nation’s largest regional trade show, the Florida Roofing & Sheet Metal Expo. The Expo will be open g s un al Yo ssion ofe

Pr

Safety

EDUCATION

Convention & Expo

Legislative Counsel

s

EDUCATIONAL AND RESEARCH FOUNDATION

18

ROOFING Florida

February 2015

te ia

fil

Af

Why do Insurance Carriers settle Workers’ Compensation Claims?

Vanessa Palacio, FRSA-SIF Claims Manager

Many minor medical-only workers’ comp claims are paid, the employee returns to work, and the claim will close without a settlement. Often for more serious claims, a settlement is the ultimate conclusion to the claim. Many employers wonder why a workers’ compensation carrier settles claims. Why does the employee get “rewarded” with a settlement?

The fact is, the best claim is a closed claim, and the best way to close a claim is through settlement.

When a carrier settles a claim, the employee, also known as the claimant, settles all future rights including all indemnity (lost wages) and medical benefits. That means an employee can never return to the employer, also known as the carrier, for additional benefits for that particular claim. By settling the claim, the carrier is able to establish the bottom line cost of the claim, which finalizes the ultimate cost of the claim. Settlement would also include any and all prior claims that the injured employee may have with the employer, thus potentially finalizing multiple possible claims with one settlement.

If the carrier does not settle a claim, the claimant legally has two years from the date of the accident or one year from the last benefit received to come back for more benefits. This is why a claim may never close, or you may see an old claim pop up on your current loss run from your carrier. Essentially, any claimant could keep a claim open for their entire life and the reserves would continue to increase.

Often, the carrier will also require the employee to agree to a General Release and Voluntary Resignation as a condition of settlement. This is an extra layer of protection for you as the employer because the employee agrees not to bring any further action against you as the employer; for example, a wage and hour lawsuit.

Settlement is often the best way to resolve a claim. Of course, there are exceptions to this rule so if you have any questions you may want to contact your friendly claims adjuster.

Continued from Page 4

From the Meetings...

any requirement that forces Florida citizens, the members and staff of the Florida Building Commission, trade and professional associations, manufacturers, and code experts to revisit all Florida specific provisions every three years and simultaneously risk losing some provisions to the default of potentially irrelevant International Code provisions.

This scheme is absolutely ineffective, more costly, and absurdly burdensome for the citizens and the State of Florida.”

We have to keep an eye out for the encroaching ICC in order to keep our identity. The code development process and cycle does not need to be bogged down with outside agencies and should be handled by those who deal with the code on a daily basis. We have to fix the process by keeping our autonomy. Florida is a very different state, and our codes should not be decided upon by a person who lives in a climate that is completely opposite of Florida’s. We do not have to worry about snow, and they might not have to worry about hurricanes, so why should we be deciding each other’s code states?

As a member, make sure to get involved and stay involved with the Association and your local Affiliate. The Affiliates are the foundation that we rely upon in order to make sure that we stay engaged. If you are an FRSA member, join your local Affiliate. If you’re a member of an Affiliate but not FRSA, join the FRSA. There is much to be realized at both levels.

President@floridaroof.com Many of the Foundation’s activities, including the Scholarship Program, are funded by the proceeds generated by the annual Silent Auction. The auction consists of a variety of donated gifts and services, which are displayed during FRSA’s Annual Convention and Florida Roofing & Sheet Metal Expo. In 2014, the event raised over $16,000!

The next Silent Auction will be held during the FRSA’s 93rd Annual Convention and Florida Roofing & Sheet Metal Expo, July 16-18, 2015 at the Orange County Convention Center, Orlando, FL.

Along with benefiting the Foundation, you benefit your business with company recognition on our website, convention program, Roofing Florida Magazine, and more. Donating is easy! From gift baskets and events to industry related products and services, the FRSA Educational & Research Foundation offers something for everyone!

If you are interested in donating an item to the Silent Auction, please visit our website for more information and a donation form!

www.floridaroof.com

19

FRSA’s Board and Committee Updates FRSA’s Board and Committees held their winter meeting at Amelia Island to a full house. Events kicked-off with the Affiliate Roundtable – the first held since 2006 – with great participation. There were 33 members involved, representing nine Affiliates. Many great ideas were shared and all agreed that communication between FRSA and the Affiliates was the number one concern. Goals were set and suggestions were supplied to complete the goals. Over the next two years, the Affiliate Council and staff will work together to accomplish the goals outlined.

Advisory Committee The committee of FRSA Past Presidents heard a brief financial review and a 2015 Convention and Expo preview.

The FRSA Educational Foundation Training Center was discussed, including seminars that have already been lined up to be held at the center. The Young Professionals Council and their enthusiasm were discussed, as well as the continued involvement of FRSA Past Presidents in Association activities.

Affiliate Council The committee reviewed the progress made during the Affiliate Roundtable and discussed how to accomplish goals that were set. One of the goals is to promote FRSA during the Affiliate’s meetings, as well as to promote local affiliates among new and existing FRSA members. Lines of communication will be reestablished and monthly conference calls will continue.

Codes and Regulatory Compliance Committee The committee received an update on the two Florida Building Commission sponsored research projects; Impact of Spray Foam Insulation on Durability of Plywood and OSB Roof Decks and the Investigation of Corrosion of Fasteners. The subcommittee for code development had its first meeting, and the implementation of the 2014 Florida Building Code Fifth Edition is June 30, 2015.

Convention Committee As of January 9, 2015, there were 142 exhibitors filling 244 booths as compared to 124 exhibitors filling 210 booths at the same time last year, leaving 42 booths needed to make budget. The committee reviewed promotional plans and the 2015 Convention schedule, which will include golf, fishing, and clay shooting tournaments, an expanded Welcome Reception on Thursday, and a S.T.A.R. Awards After-Party on Friday. Changes to the S.T.A.R. Awards were reviewed, including the all-new “Shining STAR Award,” and members were encouraged to get their S.T.A.R. Award applications in by May 1, 2015. Plans for the 2015 event app and the new online registration website were also reviewed.

20

ROOFING Florida

February 2015

Disaster Preparedness Committee Committee Strategic Plan goals were reviewed and there was a general discussion on how to accomplish the committee’s main mission, which is to be the recognized resource for licensed and insured contractors. The Division of Emergency Management, Emergency Operations Centers, media, and consumers are all viewed as needing information on what FRSA can provide after a storm passes.

Contact with these groups and providing information in a way they can utilize it is critical, and updating past efforts was included in the discussion (promotional videos including YouTube, brochures, and individual contact with local EOC managers was emphasized). FRSA attendance at the annual Governor’s Hurricane Conference was also discussed along with the possibility of creating a seminar on what to look for in a roofing contractor for presentation at the conference.

Educational Foundation The Foundation Trustees heard a staff report about the new employee who would be joining staff the following week (Meghan Roth, Page 8). She is a past scholarship recipient and grew up in the roofing industry. They reviewed the status of asbestos, lead, and Convention seminars.

Membership dues for the Foundation had been mailed and solicitation for the Silent Auction had been sent to previous donors. The committee listened to a request to pair with the University of Florida Rinker School of Construction to sponsor an instructor for roofing and to develop a curriculum for roofing. They also discussed a roofing technician training program and were looking for volunteers from the Young Professionals and the Codes Committee to help develop a training course for workers.

Executive Committee The committee reviewed December 31, 2014 Association and Services Corp. Financial Statements, heard a staff report from Executive Director Lisa Pate, divided a list of potential convention sponsors to make calls to, and further discussed convention plans, including the newly reformatted Welcome Reception to be held on Thursday night. They also heard a report on vendors who have already committed to use the FRSA Educational Foundation Training Center. The committee reviewed a position paper stating that FRSA is supportive of all efforts to maintain the Florida Building Code and preventing construction in the state from being governed by the International Building Code. The Board of Directors voted to support the position paper on the following Saturday. They also reviewed FRSA’s attendance at the fall 2014 UF Rinker School of Construction Career Day, and looked over the new FRSA Strategic Plan one more time before presentation to the

FRSA Board of Directors two days after this meeting.

Governmental Affairs The committee heard an FRSA PAC financial report, reviewed committee strategic plan goals, and listened to Legislative Counsel Cam Fentriss’ report on the upcoming 2015 Legislative Session. Issues reported on and discussed included: construction lien law which is at risk, prescription drugs being dispensed in doctor’s offices at much higher than normal prices if paid for by a workers’ compensation claim, Florida Building Code versus the International Building Code, property insurers looking for additional information when a roof is repaired or replaced, medical marijuana, and a possible Uniform Building Permit to be used throughout the state.

Ladies’ Committee The committee finalized details for the Ladies’ Program during the 2015 Convention, which will include a mug painting class and a game day. The plans for the Kids’ Program, including a Movie and Popcorn Night, an offsite day at Fun Spot, a Game and Craft Night, and a Pool Party, were also finalized. Plans to raise money for the 2015 Charity of Choice, Arnold Palmer Hospital for Children, were discussed, and donations were collected for the Ladies’ Gift Exchange and the spa-themed Silent Auction basket for Convention.

Membership Committee The committee discussed modifying the membership application to include the option for new members to request information about their local affiliate. Staff will create flyers to promote FRSA and each Affiliate group individually.

Affiliates will contact their local supply houses, requesting that the information be placed on their counters for nonmembers to view. FRSA will start a speaker database and Affiliates will forward information on speakers to staff.

Suggestions for different types of speakers were requested (motivational, safety, social, educational) to help affiliates increase their attendance during the meetings. They also discussed opening membership up to nonmembers who were interested in joining the Young Professionals Council. The committee agreed to one

visit by a nonmember who would be accompanied by a member.

Public Relations and Marketing Committee The meeting focused on how ROOFING FLORIDA Magazine could be improved. Advertising sales have been down, but there are plans in place to make a profit on the magazine. Inclusion of “spotlight” type articles, featuring a wide variety of members will be included. The Convention and Expo marketing is on track and several promotional pieces, including a postcard for the S.T.A.R. Awards, are currently being developed. The committee reviewed promotional plans for the all-new online Convention registration and ways to increase engagement on social media.

Unlicensed Activity Taskforce The committee discussed their goals and decided that working with the local Department of Business and Professional Regulation (DBPR) did not seem to be effective. Suggestions to include the Department of Agricultural, Division of Community Services, and the Division of Workers’ Comp Compliance were discussed, as both entities have more pull and can issue more stringent fines.

Young Professionals Council Committee members discussed plans for the 2015 Convention which will include an educational seminar and a giveaway on the show floor during the daily beer bust. Potential seminar topics for Convention and for the Training Center were suggested. Committee members reviewed membership status requirements for participation in the Young Professionals and recommended that an active FRSA member be able to sponsor a potential member for one meeting. The Young Professionals led a game of “Heads or Tails” at the Friday night cocktail reception and raised $735 for charity. Thanks to Doana King, Springer-Peterson Roofing and Sheet Metal for donating her winnings to the 2015 Charity of Choice.

As a reminder, all FRSA members are welcome and encouraged to participate on our various committees. We’re always looking for new members. If you’re interested in joining a committee, please contact Lisa Pate at FRSA, 800-767-3772 ext. 157 or by email at lisapate@floridaroof.com.

www.floridaroof.com

21

Charity from the Affiliates: Boots on the Roof Eric Hunt, NCFRSA On behalf of the NCFRSA, I want to sincerely thank everyone who contributed to the success of these two projects.

With our efforts combined, we provided two roofs to families whose roofs were in really bad condition but did not have the means to have them replaced.

Below are a list of contributors to these projects.

Alzadie Williams residence in Gainesville: ♦♦ ABC Supply - Dunnellon ♦♦ ABC Supply - Gainesville ♦♦ ABC Supply - Ocala ♦♦ Atlas Roofing Corp ♦♦ CertainTeed ♦♦ Contractor’s Supply ♦♦ Gainesville Roofing ♦♦ Godwin Green Roofing ♦♦ Gulfeagle Supply ♦♦ Mule-Hide ♦♦ Thompson’s Metal (TAMCO) ♦♦ Tropical Dumpsters Louise Tebo residence in Cedar Key: ♦♦ ABC Supply - Gainesville ♦♦ Advantage Roofing ♦♦ Gainesville Roofing ♦♦ Godwin Green Roofing ♦♦ Gulf Coast Supply & Mfg ♦♦ J&L Custom Construction ♦♦ John Meeks, Levy County Commissioner ♦♦ Mule-Hide ♦♦ Polyglass My apologies if your company contributed to either of these projects and was not mentioned.

Both of these homeowners were extremely grateful and had tears in their eyes when we completed their roofs.

Thank you again for your help and support. It is very much appreciated.

22

ROOFING Florida

February 2015

Code: From Words to Print Continued from Page 14 these the Bible that a building professional lives by. One may skim along, by only having a couple of these books, but thoroughness is what sets a good roofer apart from a great roofer.

Now, this may be information that you already know, but it is important to always have a refresher. As the new code cycle takes effect on June 30th 2015, make sure to get the updated version once it becomes available to you.

For your convenience, the Commission has made the code book viewable in print or electronic versions. The Florida Building Code can be purchased at, http://bit.ly/fbcbook.

FRSA has developed seminars for the Convention that will detail changes in the FBC Existing, Residential Chapter 9 and Building Chapter 15. Additional seminars will be held prior to and after the Convention to help raise industry awareness about the code changes.

As far as code changes are concerned, FRSA Members can contact Mark Zehnal with any questions at mark@ floridaroof.com.

Want to Advertise in RFM?

Contact Director of Media Services: Christopher Homer | (800) 767-3772 ext. 127 | christopher@oridaroof.com

www.floridaroof.com

23

24

ROOFING Florida

February 2015