A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals
Terry O’Brien, CPCU, Retires The Importance of In‑Progress Photos Shock Claim: Mildew Grows in Florida FBC Meetings Summary Coming: FRSA/TRI Fifth Edition Tile Installation Manual The True Costs of Auto Insurance Claims
DECEMBER 2013
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Andrew Allocco, PE, Appointed to CILB
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Terry O’Brien, CPCU, Retires
The Importance of In‑Progress Photos
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FBC Meetings Summary
Shock Claim: Mildew Grows in Florida
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Affordable Care Act Essential Questions Every Business Should Consider
Identifying and Mitigating the True Costs of Auto Insurance Claims
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Affiliates’ Corner
Florida Building Commission Approves FRSA/TRI Fifth Edition Tile Manual
Now Available online at www.floridaroof.com/rfm
A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals
On the iPad
FRSA Executive Director, Lisa Pate, CEM ◆ Editor, John Hellein
For display advertising inquiries and all feedback including Letters to the Editor and reprint permission requests (please include your full name, city and state) contact John Hellein at: john@floridaroof.com (800) 767-3772 ext. 127 RFM, PO Box 4850 Winter Park, FL 32793-4850 View media kit at: www.floridaroof.com/rfm
Any material submitted for publication in ROOFING FLORIDA becomes the property of the publication. Statements of fact and opinion are the responsibility of the author(s) alone and do not imply an opinion or endorsement on the part of the officers or the membership of FRSA. No part of this publication may be reproduced or transmitted in any form or by any means, without permission from the publisher.
www.is.gd/iroofing
ROOFING FLORIDA (VOL. 4, NO. 12), December 2013, (ISSN 0191-4618) is published monthly by FRSA, 4111 Metric Drive, Suite 6, 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, P.O. Box 4850, Winter Park, FL 32793-4850.
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FRSA Educational Foundation Offering Online CE Courses The FRSA Educational and Research Foundation is offering online continuing education (CE) courses to FRSA members. All courses are State approved by the Construction Industry Licensing Board. You can take these courses at your convenience. Get interrupted? Pause, save and resume later where you left off. Audio Courses The courses include an audio sound track so you can enjoy the convenience of listening to the course material from your desktop, laptop, tablet or smartphone. Of course, reading is also an option.
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Automatic Submission to the State The morning following your completion of the course your results will be submitted to the State. Your results may take five to ten business days before they appear on the DBPR website. Complete Online Continuing Education All 14 Hours – $59.25 (State CE# 0609512) This course meets the requirements for all trades and offers the best value for your CE dollar. Finish all 14 hours with one simple signup. No other course we offer has a lower cost per hour. Sign up at www.is.gd/14hrsce or snap the QR code. Individual Courses are Available at $14.25 Each ♦♦Advanced 2010 Florida Building Code, Building Summary ♦♦Business 101 for Contractors ♦♦Success in Uncertain Times ♦♦An Easier Way to Avoid a Lawsuit ♦♦Florida Statute 713 - The Lien Law ♦♦Making the Claim of Lien Stick ♦♦Florida Administrative Code 61G4 ♦♦Chapter 489 Construction Contracting
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ROOFING Florida
December 2013
♦♦Basics of Wind Mitigation ♦♦Workers’ Compensation Basics ♦♦Insurance Audit - Workers’ Compensation ♦♦Fall Protection Compliance ♦♦Wind Mitigation Gable End Procedures and Forms
–RFM–
Rob Springer, CPRC ◆ Scouting Report
“Thanks” Really is a Magic Word! While life continues to move at breakneck speed and each of us struggle to maintain or exceed this pace - the reality of today’s economy has employees working longer hours, often for less pay and fewer perks. Unfortunately amidst this rush, many of us are guilty of forgetting to say “thank you” to our workers and letting them know that they are valued. It’s ironic that elsewhere in life we are expected to say “thank you.” We say it at home, in stores, in church and sometimes even to complete strangers, but not at work. Why should you thank someone for just doing their job? And why should you ever thank your coworkers for doing what they get paid to do? Employers and employees often think that because paychecks are involved, gratitude is not part of the business relationship – when in actuality the reverse is true. Ingratitude at work can have a terrible effect on workplace morale. It’s important to remember that employee wages are not the only motivating influence and they alone can not fill an employee’s need for respect, a sense of accomplishment, or a feeling of purpose. Growing up, my parents and teachers were constantly reminding me that manners matter and to this day, I still believe that “thank you” really is a magic word. Sometimes, a simple “thank you” can make a big difference. Sincere thanks, partnered with praise or a suitable gesture of appreciation, has a tangible, almost magical, effect on the workforce. Productivity, employee satisfaction and office morale tend to improve in an environment where recognition is encouraged.
Now is the perfect opportunity to publicly thank my SpringerPeterson team and the FRSA staff, Board, and Executive Committee for supporting and encouraging me in my role as FRSA President. Your willingness to think outside the box and your confidence in my leadership keep me motivated to continue moving our industry forward.
Saying “thank you” doesn’t cost a dime, but the results can be priceless! Building a culture of gratitude at work is not easy, but to be effective, it must start at the top. Employees need to hear “thank you” from the boss first. It’s up to the people in authority to clearly, consistently and genuinely say “thank you” in public and private settings. Letting employees know that they are valued can affect their level of engagement, as well as the loyalty they feel toward your company long after the recession passes.
Steve Vann of Springer-Peterson receives a certificate of appreciation from Rob Springer at a TCRCA Affiliate Dinner and Employee Appreciation night.
It’s human nature to respond well when treated well. Loyal, happy employees are those who feel appreciated on a daily basis rather than just once in a while. Tapping into human nature makes good business sense. People are your company’s most valuable resource and letting them know they’re appreciated doesn’t have to be difficult or expensive. It should, however, be personal and genuine. Saying “thank you” matters and knowing how to express your gratitude in a way that conveys the message “I value you and what you do” can be a challenge. Here are a few possible suggestions to consider: Say It Smile and make eye contact. Tell employees what they’re doing well using specific examples. When you give details it will increase your own appreciation and it tells a person that you are paying attention, rather than just going through the motions. Write a Personal Note In our e-mail driven culture a handwritten card or letter is special. The recipient will appreciate receiving a note that is prompt, personal and that specifically mentions the act that inspired the “thank you” and what it meant to you. (*NOTE* The holidays are wonderful opportunities to give this a try!) Share It Find the good and praise it in public. Open or close a staff meeting with recognition of a co-worker’s special effort or outstanding project. Offer Treats Share treats with the group in thanks for a job well done. Leave a Surprise
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Letter to the Author A surprise token of appreciation and an accompanying sticky note left on someone’s desk to praise a specific result can be a great way to start or end the day! Taking the time to let your employees know that their work is outstanding is an effective leadership strategy that helps reinforce a standard of excellence. It also rewards exemplary performance in a way that shows genuine consideration for the employee as a person. Everyone likes praise and it’s in your best interest as an employer to give credit where it’s due in a way that motivates future success. A well-motivated professional does not hesitate to show appreciation to business associates, colleagues, customers, friends and relatives.
Mr. Zehnal,
Extra Innings Information The 2014 FRSA S.T.A.R. Awards applications are due on May 31, 2014. Now is the time to begin collecting high quality photos of your most unique or challenging projects for entry. Remember, all FRSA member contractors are eligible to participate, regardless of the size of your company or project submission. Stay tuned to the FRSA website for more information regarding entry qualifications.
Richard Gathright Deputy Building Official
I just finished reading your article concerning Roof Inspections in the November ROOFING FLORIDA magazine. I think several of your points were right on target. I think you know that the Roofing Inspector is considered voluntary covered under 61G19-6.016 FAC. Part of any good enforcement activity is knowledge of the subject. I think that is one of the points that you were making. Does FRSA have any technical classes that can be presented either to our staff or to the local Chapter of the BOAF? I think education is very important and having input from subject matter experts such as you is very important. Thank you again for your article
Mr. Gathright, Thank you for reading the article and taking the time to respond. I appreciate your insight and comments. We are currently working on technical seminars that will be submitted to the Construction Industry Licensing Board and Building Code Administrators and Inspectors Board for continuing education credits. Additionally, if there is a particular subject matter that you feel would be beneficial for roofing inspectors in your area please let me know. Regards, Mark Zehnal, CPRC
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ROOFING Florida
December 2013
Cam Fentriss ◆ FRSA Legislative Counsel
Andrew Allocco, PE Appointed as Roofing Representative on CILB Florida’s Construction Industry homeowner associations, property managers and building owners. Licensing Board (CILB) has a new memThe services provided by Mr. Allocco inber representing the roofing license clude mechanical-structural engineering, category: Andrew Allocco, PE, who is a commercial/residential/industrial building man of great experience and many qualiinspections, 40 year structural and electrical fications. Mr. Allocco was appointed for inspections, building maintenance evaluations, a term beginning August 20, 2013 and construction litigation expert witness services, ending October 31, 2016. His first meetcommercial/residential capital reserve studing was the October CILB meeting and ies, commercial/residential energy/utility use we had a great opportunity to meet and consulting, commercial/residential solar apspend a few minutes with him at the plications, commercial/residential real estate November CILB meeting. broker services, construction project manageIn addition to his state-certified roofment, construction litigation expert services, ing license, Mr. Allocco also holds or has held a number of other Florida design and construction- public insurance adjuster services, insurance claim expert services and insurance valuations and appraisals. related licenses as follows: Although not a member of FRSA, Mr. Allocco receives ♦♦Asbestos contractor and enjoys this magazine and has enjoyed attending more ♦♦Asbestos consultant-engineer than one of our conventions and trade shows. ♦♦Certified mechanical contractor We hope Mr. Allocco will join us at our 2014 FRSA ♦♦Certified plumbing contractor Convention, July 10-12 at the Hyatt Regency Orlando and ♦♦Certified general contractor the Orange County Convention Center and hope to have ♦♦Certified pool/spa contractor the opportunity to bring him together with our members ♦♦Certified electrical contractor and some of our dedicated past CILB members, including ♦♦Home inspector Carl Engelmeier, CPRC, Greg Hageman, Richard Pepin ♦♦Real estate broker or sales and Mike Silvers, CPRC. ♦♦Professional engineer –RFM– ♦♦Public insurance adjuster That certainly is a well-rounded set of qualifications! Mr. Allocco has over 35 years of experience and he primarily provides services in Miami-Dade, Broward and Palm Beach Counties. His company offers services to Andrew Allocco, PE, on a metal shingle residential roof in Pinecrest that was damaged by a lightning strike.
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).
.Build Domains Coming New top-level domains (TLD), including .build and .construction, are soon to be released and names are available for pre-registration. It may or may not make business sense for you to purchase new domain name. More information is available at the Go Daddy site (www.is.gd/dotbuild). Before reading the information on that page, you should know that Go Daddy makes its living selling domains and at least some of the info may be more hype than fact. Due diligence will help you make an informed decision.
www.floridaroof.com
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Trent Cotney ◆ FRSA Legal Counsel
The Importance of In-Progress Photos Unfortunately, roofing contractors are constantly exposed to liability and bear a greater burden than many trades. This liability comes in the form of increased government oversight via OSHA, INS, EPA and other regulatory agencies; increased exposure to insurance subrogation claims and water intrusion/mold damages; a risk of non-payment from the roofing contractor’s customer; and administrative liability from a licensing and permitting authority standpoint. It is critical that roofing contractors properly document existing conditions and in-progress work to help defend against this potential liability. Generally, any repair that a roofing contractor performs involves a structure that has previously been impacted by water intrusion. Therefore, prior to starting work, a roofing contractor should video and photograph the existing job site conditions both exterior and interior to show any damage that existed prior to the contractor starting work. These visual depictions should be date and time stamped. As I routinely mention in seminars, every customer loves a roofer when he signs the contract and hates the roofer when he needs to make the final payment. Customers often use existing water damage to justify non-payment. Videos and photographs showing the pre-existing conditions can take these issues off the table. It is also important to have ample inprogress photos not only for permitting authorities to obtain in-progress inspections but also to prove installation work if an issue arises after completion. Other than performing destructive testing, the only thing that can prove workmanship is in-progress photos. When taking in-progress photos it is important to have photographic evidence of the key elements of construction. Take photos of measurements to show proper nail or foam paddy placement. Although it may take a minute or two more to take these photographs, it may make the difference in defeating a six-figure water intrusion claim. Finally, once construction is complete, I recommend taking photographs 8
ROOFING Florida
December 2013
Customers often use existing water damage to justify non-payment. Videos and photographs showing the preexisting conditions can take these issues off the table. of the completed job and a video of the completed job site to show what the roof looked like upon completion. If damage occurs post completion, these photographs and videos will help prove that the damages did not exist at the time of completion. In that regard, if a roofing contractor is called for a warranty repair, I would also photograph and video the existing condition and the repair of that condition. In today’s modern age where every mobile phone and tablet have camera and video capabilities, roofing contractors should take and maintain abundant visual depictions of their work. That being said, I would follow the commonsense rule and be careful of photographic evidence that shows defective workmanship.
–RFM– Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Trent Cotney is Florida Bar Certified in Construction Law, a Florida Supreme Court Certified Circuit Civil and Appellate Mediator, Qualified Florida Court-Appointed Arbitrator, General Counsel and a director of the Florida Roofing Sheet Metal and Air Conditioning Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA) and a member of Associated Builders and Contractors (ABC) and Pinellas County Contractors Association (PCCA). For more information, contact the author at (813) 579-3278 or tcotney@trentcotney.com. Follow Trent Cotney at www.trentcotney.blogspot.com, on YouTube at FLConstructionLaw and on twitter @trentcotney.
FRSA Member Insurance Agents Aubrey Rogers Insurance Agency Jonathan Montes 352-373-2003 jonathan@aubreyrogers.com
Morrow Insurance Group Inc David Hernandez 813-963-1669 david@morrowinsurance.net
Brown Insurance Inc Jerry Brown 941-493-1886 jerry@brownins.net
Furman Insurance & Bonds Rob Foote 954-943-5050 ext. 214 rob@furmaninsurance.com Brian Pratt 407-894-8001 brian@furmaninsurance.com
JW Edens Insurance Phillip Lane 321-725-7000 plane@jwedens.com
SIF Returns $2 Million Burke Dasher Receives Based on another great year, the FRSA-SIF Trustees CPRC Designation have voted to return an additional $2 million dividend to FRSA-SIF members in December. This $2 million dividend distribution is declared and made on the 2012 year to all eligible FRSA-SIF members, and, when added to the $4.5 million dividend returned earlier this year, makes this another historic year for FRSA-SIF members. These dividends are being paid while our members continue to enjoy some of the lowest premium rates that they have paid in the past 25 years! The FRSA-SIF Trustees and staff understand that the past several years have been very challenging economically. We are now finally seeing signs that Florida’s economy is improving and hope that these dividends will prove beneficial to FRSA-SIF members and their employees during this Holiday season and the coming year. The FRSA-SIF Trustees encourage fund members to continue to do all that is necessary to protect your employees from injury, so that you and your employees can benefit from a safe and productive workplace. If you are not in the FRSA-SIF for your workers’ compensation needs and you want to find out more about what you are missing, don’t hesitate to call Linda at (800) 767-3772, ext. 222 or visit www.frsasif.com.
Burke Dasher, CPRC, of Southland Rowe Roofing in Midway has been designated a Certified Professional Roofing Contractor by FRSA. The designation, created in 1974, acknowledges professional roofing contractors who meet business, academic and professional criteria.
–RFM–
www.floridaroof.com
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Orange County Convention Center - Hall WC Orlando, Florida - July 11-12, 2014
Trade Show Floor Filling Up for 2014 FRSA Show
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The trade show floor for the 2014 Florida Roofing and Sheet Metal Expo is filling up but there are still some great locations available. With all the buzz created from the changes in 2013, the 2014 Expo promises to provide an even better return on investment. Now’s the time to reserve your booth and sponsorship. For more info, contact...
Cheryl Sulock (800) 767-3772 ext. 177 cheryl@floridaroof.com
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FRSA reserves the right to move any booth deemed necessary.
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ROOFING Florida
December 2013
After Four Decades Focusing on Family and Work, Terry O’Brien Retires By John Hellein, RFM Editor Terry O’Brien, CPCU, recently announced her retirement from the JW Edens Insurance Agency, her work home for the past 24 years. She leaves a record of dedication to her customers and a commitment to FRSA and the industry through the years. Professional Life Terry has put her customers first over the years. “What’s best for them, not what’s best for me,” she said in a recent phone conversation. One example of her philosophy in action was finding the best carrier and best coverage at the best prices she could for customers. Terry says that even though that sometimes meant that she received lower commissions, in the long run, that her “customer-first” approach has paid off as a sustainable business model. She mentioned a roofing company she had started to work with not long before retiring. “They had been with the same company for years and years and the company had just kept raising their rates,” she shared. She was able to find a carrier that saved the company thousands of dollars. Her conviction about the importance of customer dedication is evident in a note to the agency from a long-time customer: After many years of dedicated service I was informed by Mrs. Terry O’Brien that she’s transitioning into retirement. I am sincerely happy to hear she’s beginning a new chapter after having
served 45 years in the business… I will deeply miss her, she was truly an extension of our business and the consummate professional, extremely knowledgeable and reliable. It was clear to me that she was very passionate about her profession. I can only hope that life gives back as much as she’s given. In 1989, after 20 years working for insurance companies, Terry and her husband, Bill O’Brien, CPCU, moved to Florida from New Hampshire and spent the next 24 years working on the agency side of the insurance industry. During that time, FRSA endorsed the agency she worked for to write policies. At one point, she says, FRSA had its own insurance agency, Corporate Risk Management, that she and Bill purchased in 1993 and that eventually became JW Edens. Even though Terry never worked on FRSA staff, her presence was so ubiquitous that people assumed that she was an Association employee. “Most people thought I worked for FRSA,” she says, “when I told them I didn’t, people insisted that I did.” FRSA Involvement Beyond her work as an insurance agent, Terry became very involved at FRSA. She recollects what it was like as a new participant. “I don’t think people understand how overwhelming it is starting out at FRSA. People assume you know everyone. I didn’t even know what ‘FSRA’ stood for,” she said with a laugh, joking about mixing up the letters of the Associations’ acronym. Terry tells how Angela Bryans helped her assimilate – and about her confusion over who this “Johnnie” was that Angela kept referring to. “Angela Bryans was so welcoming,” she said, “introducing me to many of the members, making me feel part of the group.” She invited Terry to join a group for dinner. At dinner, Terry tried to remember everyone she had met that day. Angela began Left to right: Bill (Johnnie) and Angela Bryans, Bill and Terry O’Brien and Carl and Suzanne Engelmeier at an FRSA Convention.
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Left: Terry and Bill O’Brien at the JW Edens booth at the FRSA Trade Show the year Terry received the Earl Blank Memorial Service Award. Below, Terry line dancing at a “Casino Night” party at the 2012 Convention. Right: Terry with her Mom, Violet McGeever, who is 94, the mother of 11 children and “going strong”.
telling stories about her and "Johnnie." “I wondered, who is ‘Johnnie?’” she said. She felt pretty certain Angela’s husband’s name was Bill. Terry noticed no one else was calling her husband by name, they just continued telling stories. At some point, Terry asked someone what Angela's husband’s name was and they said “Bill.” She wondered who this Johnnie was that Angela was talking about. Terry and Bill remained close friends with Angela and Johnnie (Bill) and took vacations together along with Carl and Suzanne Engelmeier. On one trip to the Abacos, the six of them boarded a nine-seater plane. When the pilot asked if anyone wanted to sit in the cockpit, Terry jumped at the opportunity. En route, much to Terry’s concern, the pilot proceeded to fall asleep. “I hope we get there in one piece,” Terry called back to the others. Over her many years of involvement with FRSA, Terry has worked for or owned several different insurance companies. Her first venture with FRSA was through a company called Greenwich Risk Management, where she introduced a general liability program for contractors that not only benefited our members, but paid royalty fees to the Association and the Self Insurers Fund. Terry later moved on to Corporate Benefits Group, which she and Bill purchased and renamed Corporate Risk Management. They later sold their book of business, to become what is now known as JW Edens. Terry has always unselfishly represented us well, putting FRSA and our contractor members first, even if it meant giving up part of her commission. Board Room Antics One night before a Board meeting, a group feasted on garlic crab and were given mallets at the dinner table to break the crabs’ shells. Terry, taking on the role of “leader of the pack,” convinced everyone to bring their 12
ROOFING Florida
December 2013
mallets to the Board meeting and encouraged everyone to start pounding them on the table. As a result of that incident, “toys” have been officially banned at Board meetings. At one Convention, Terry suggested dividing the $2,000 raffle into two $1,000 prizes. When Angela heard her name called for the first ticket, she jumped up to claim the prize and then realized Terry’s “great idea” had just cost her $1,000. When Terry’s name was called for the second prize, she sarcastically congratulated Terry for taking $1,000 out of her pocket. There were other stories, including one at another restaurant involving a can of whipped cream, but we can save that one for another time. Terry always made herself available to FRSA members for questions on business or personal insurance, whether she wrote their insurance or not. With such a focus on people, Terry wrote insurance for many of our members over the years. She presented a class on insurance at the Annual Convention. She was the agent for both FRSA and its Self Insurers Fund for the 24 years she worked in the insurance industry. She believes her involvement in the FRSA assisted her in building her book of business. Terry served on the Insurance Committee for years and co-chaired for one year. Eventually, the Insurance Committee was disbanded because Property and Casualty rates had become historically low. Family Life Family has always played a central role in Terry and Bill’s life. Terry’s mother is 94, lives near Philadelphia and is “going strong.” Terry says her mother is a “saint of a lady,” amazingly patient and somehow was able to keep her sanity raising eleven children: Mary, Pat, Mike, Joe, Theresa (Terry), Ann, Terry (her brother), Paul, John, Rita and Eddie. Terry went by her given
name, Theresa, until high school, when her friends started calling her Terry instead. Now she plans to dedicate her time to family and has been visiting both her family and the families of Bill’s four children in Pennsylvania, Minnesota and North Caroline. She is considering finding a niche volunteering someplace she feels that she can help, perhaps assisting senior citizens in need. In her professional and her personal life, Terry O’Brien has exemplified concern for the people around her and that is apparent in the comments from those near her on word of her retirement. Scott Steele, AAI, of JW Edens says, “If anyone ever lost sight of it, Terry was quick to remind them that customer service is why we are here.” Terry plans to stay involved. You can see Terry wish her well at the end-of-January Board meetings. (It will be a great chance to ask her any insurance questions you may have).
–RFM–
Florida Building Commission Meetings The Florida Building Commission met for its bi-monthly meetings in December. FRSA staff member Mark Zehnal, CPRC, attended and represented the Association. Among other topics, the Commission discussed the following industry-related items: ♦♦A request for equivalency of standards for the Fifth Edition FRSA/TRI Tile Installation Manual (see more on page 22) ♦♦A request for a declaratory statement regarding who constitutes a manufacturer of metal roof panels and ♦♦A complaint regarding roof tiles used under a Florida product approval. The request for a declaratory statement involved the use of mobile metal roll formers and who constitutes a “manufacturer.” At discussions of the FBC Roofing TAC preceding the full Commission meeting, the request was withdrawn. However, the request did succeed in sparking some healthy conversation on the topic. The Roofing TAC plans to discuss the issue in 2014 to consider if the Code should be updated to more clearly define manufacturers and quality control requirements. Continued on page 22
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Investigative Reporter Discovers Shocking Truth About Metal Roofs By John Hellein, RFM Editor You may not believe this, but an investigative reporter in Fort Myers recently discovered a startling fact about metal roofs in Florida. Mildew. That’s right, under certain conditions mildew will grow on the surface of metal roofs. In Florida of all places. Who knew? If I take a mocking tone, it is because NBC2 reporter Dave Elias’ story provided little in the way of real information on possible sources of the mildew or of possible solutions; instead, the tone of the video and article (www.is.gd/swflroofs) might lead you to believe that metal roof manufacturers and contractors were a part of a conspiracy to offer a product that promoted mildew growth. In reality, there are so many variables from one roof to another, that finding the source of mildew growth can take some time. Mark Zehnal, CPRC, explained this to Mr. Elias when he called FRSA. The information, however, was only used to further sensationalize the story. Fortunately, Dan Osborne of Dan’s Custom Sheet Metal in Naples, who was also contacted and mentioned in the story, used the news of “black and green” spots growing on metal roofs as a springboard to conduct research and provide useful information to roofing contractors and homeowners. In his research, Dan discovered that the topic is indeed receiving a good deal of attention and not only in Florida. Metal roll manufacturers and even a steel mill have been in communication with him about the issue. “Even outside Florida this has been a big issue,” Dan said, “and it is receiving a lot of attention.” One of the first things Dan researched was the metal roofing material itself. Using the lot number of the metal that had been installed on homes where mildew was an issue, he traced the metal and sent panels from the same lot to a lab to be analyzed. “There were no issues with the metal panels or the integrity of the roof,” he said, adding that the mildew was only a cosmetic issue. He also discovered that metal’s color – the roofs with mildew had been white – did not make them any more or less likely to be susceptible to mildew growth. Next, Dan turned his attention to specific circumstances at the homes where mildew has been an issue. From what he discovered, a primary cause of mildew is a high difference in temperature between the roof surface and the attic space. “Some roofing systems such as asphalt shingles, concrete tiles and certain underlayments, which are petroleum-based, retain heat for much longer periods of time, sometimes into the next day while a metal roof system cools very quickly,” Dan explained. The cooler temperatures of the metal roof means that a properly vented attic is even more important with a metal roof 14
ROOFING Florida
December 2013
allowing the attic to cool so that the temperature difference between the metal roof and the attic remains lower. When an attic is not properly vented, the attic stays warm long after the metal roof has cooled and conditions that promote the formation of mildew increase. “A metal roof will be cool to the touch when it’s not exposed to direct sunlight, but a home without enough attic vents will stay hot,” Dan said. This difference in temperatures along with the high relative humidity common in Florida promotes the growth of mildew. In order to discourage mildew growth, attic temperatures need to be reduced with proper ventilation. If the difference in temperature between the roof surface and the attic promotes mildew growth, it makes sense that shaded areas of the roof will be prone to mildew. It also means that moisture on the roof, that will lower temperatures through evaporative cooling, will also make mildew more likely. Dan said that he discovered a rogue sprinkler that was showering one of the roofs where mildew was growing. According to Dan, homeowners need to understand that mildew does not affect the performance or longevity of a metal roof system and that some basic maintenance will keep the roof looking good. “If you have a swing set in the back yard with some mildew on it, do you complain to the swing set manufacturer?” Dan asked. “You wash it,” he said, answering his own question. If mildew does occur, properly washing the roof will remove it. “No chemicals,” Dan stated emphatically. He said that one of the homeowners had used bleach on his metal roof at the first signs of mildew. Dan wasn’t surprised when the homeowner saw mildew return much more quickly. “Bleach will maximize your exposure to mildew,” Dan explained. The bleach breaks down the coating on the metal panel, decreasing the life of the roof and providing a much more porous surface for mildew to take hold on. Dan is working on a product that promises to stop the growth of mildew on metal roofs without damaging the coating. He is still analyzing the product’s performance before making it available to contractors. As he continues to make discoveries about the circumstances that accelerate mildew growth on metal roofs, he is publishing the information to his website (www.dcsm.net). While the information may not be as startling as the news that mildew grows in Florida, it should help contractors better understand possible causes to look for when faced with mildew growth on metal roofs.
–RFM–
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15
Identifying and Mitigating the True Costs of Auto Insurance Claims By Phillip E. Lane, Insurance Advisor at JW Edens Insurance & Bonds
In less than the time that it takes to pick up a cell phone, your business can experience catastrophic auto losses that involve costs well beyond the direct, easy-to-define liabilities typically covered by your company’s auto insurance. Indirect costs of those losses pose significantly greater risks to a roofing contractor’s balance sheet. By “significant” I mean from double to 50 times the losses of direct costs, according to the estimates of insurance risk control experts. This alarming fact is easier to live with when you realize that there are some simple measures you can proactively implement in order to prevent these incidents from occurring. I will identify some of the indirect costs of auto losses and provide information and tools to identify areas where you may be exposed, including one activity that makes it more than 23 times more likely for a driver to be involved in an accident. Most importantly, we will look at measures roofing contractors can implement to help reduce the potential for catastrophic loss. As a roofing contractor, your vehicles and the costs associated with maintaining and safeguarding your fleet are integral to the profitability of your business. At the same time, improperly managed fleets may pose the greatest threat for catastrophic losses. In order to recognize the true impact of indirect costs from covered auto losses it is important to consider the following:
♦♦Employee downtime when uninjured drivers are nonproductive due to filling out accidents reports and waiting for police ♦♦The loss of a skilled and productive worker due to injury ♦♦Time spent training substitute employees ♦♦Time spent obtaining repair estimates and finding alternative transportation ♦♦Future nonproductive time spent in court if required ♦♦The cost of replacement or rental vehicles ♦♦The cost of insurance deductibles ♦♦Increased cost of workers’ compensation premiums through the experience rating system. (Workers’ compensation insurance is primary for all employee injuries, even injuries sustained in auto accidents.) ♦♦Time spent managing the injured employee(s) workers’ compensation claim(s). There are several key components to managing the liability exposures you face from the operation of both your fleet of owned vehicles and any employee use of their own vehicles, commonly referred to as “nonowned auto exposure.” In general, roofing contractors should follow these fleet management practices:
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ROOFING Florida
December 2013
♦♦Remove employees from driving if they do not pass driving criteria ♦♦Maintain your vehicles ♦♦Train your drivers ♦♦Establish a policy that sets limits on the personal use of company owned vehicles
♦♦Designate drivers: identify specific employees to drive specific vehicles ♦♦Require drivers who drive their own vehicles for company business to produce a certificate of insurance ♦♦Specify the personal insurance limits for these employees (work closely with your insurance agent to determine proper limit requirements) ♦♦Prohibit loaning of company vehicles ♦♦Establish which family members are allowed to drive or not to drive ♦♦Emphasize that driving is a privilege and responsibility, not a right ♦♦Make each employee aware that he or she will be held responsible for where the vehicle is and what it is used for. While the above highlights are by no means all-inclusive, they provide a solid foundation for the formation of plans to proactively mitigate your exposure to catastrophic auto loss and the indirect costs you may not have previously considered. In Focus: Distracted Driving Today, the increased occurrence of driver distractions is particularly in focus. State legislatures across the country are writing statutes in an effort to curb the danger that cell phone use by drivers, especially texting, poses to everyone on the road. Consider the following findings published in a study by the Virginia Tech Transportation Institute: ♦♦Texting while driving increases the risk of an accident 23.2 times over unimpaired driving ♦♦Texting while driving results in response times even longer than drunk driving ♦♦In the moments before an accident, drivers who are texting spend almost five seconds looking at their phones, which is enough time to cover the length of a football field going normal highway speeds ♦♦Though 95 percent of drivers surveyed said texting behind the wheel is unacceptable and unsafe, at least 21 percent admit to it anyway. In the past few years, cell phone usage has been an issue in many lawsuits and employers are being held responsible if a worker causes an accident even while merely talking on the phone. Cell phone records are routinely subpoenaed to prove an employee was on the phone or texting when the accident occurred.
While there is no guaranteed defense to liability, development of appropriate policies, training and enforcement mechanisms can help limit potential liability and increase public safety. Some employers prohibit any cell phone use while driving on company time. Other companies adopt cell phone safety guidelines and focus on training and enforcement. Every employer should determine whether the benefits of employee cell phone use outweigh the risks. Some examples of cell phone use policies include:
Texting while driving increases the risk of an accident 23.2 times over unimpaired driving and results in response times even longer than drunk driving.
♦♦Completely banning cell phone use while driving ♦♦Directing employees to comply with all state and local laws governing cell phone use ♦♦Requiring employees to pull over to take phone calls ♦♦Instructing employees to avoid or terminate phone calls involving stressful or emotional conversations ♦♦Prohibiting cell phone use in adverse weather or difficult traffic conditions ♦♦Prohibiting reading or writing while operating a vehicle ♦♦Planning calls prior to traveling or while on rest breaks whenever possible ♦♦Restricting driver cell phone use to brief conversations. Once the benefits and risks of cell phone usage have been weighed, employers should also consider establishing a written policy restricting any use of a cell phone and ensure that employees read and sign the written policy. Proactive implementation of some or all of the above strategies will help the profitability of your business and help to reduce your exposure to catastrophic loss. Above all, they can help keep your employees, their families and everyone on the road safer.
–RFM– Phillip E. Lane is an insurance advisor at JW Edens Insurance & Bonds. JW Edens encourages FRSA Members to review and/or implement Company Auto Fleet Safety Programs and offers sample programs to current and potential clients. For more information, contact Phillip at (800) 223-6295 or plane@jwedens.com.
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17
Affordable Care Act Essential Questions Every Business Should Consider By Lisa Pate, CEM, FRSA Executive Director Health care costs continue to rise, and the Affordable Care Act (ACA) has begun to fuel changes that are difficult for businesses to ignore. Deadlines for certain employer requirements have already passed, but many are still confused as to what they must provide, what the pros and cons are for providing coverage and if they can afford the expense. Should I offer employer provided coverage or not? Most business leaders agree health benefits offer employees peace of mind and protection. Businesses, no matter the size, rely on employer sponsored benefits to provide a unique competitive edge in the battle to attract and retain talented workers. Whether you have been providing benefits for a while or you are considering employer sponsored benefits for the first time, now is the time to look at the size of your business, employee demographics, and the cost of providing health coverage. Small Businesses Employer sponsored benefits may offer you a cost effective way to boost employee compensation. Although employers with less than 50 full time equivalents (FTEs) will not be penalized for not providing a health plan, many small businesses realize health benefits are an important part of an employee’s total compensation package. If you currently offer health insurance to employees, some individuals may be eligible for a tax subsidy to purchase individual coverage through federal and state Health Insurance Marketplaces (according to the federal poverty level (FTL) employees with a household income between $23,550 and $94,200 for a family of four). If this is the case, it may be cheaper for them to purchase coverage through the Marketplace. Employees not eligible for a tax-subsidy could benefit from employer provided coverage as opposed to purchasing individual coverage through the Marketplace. In a recent Aflac WorkForces Report, 78 percent of employees say their benefits package is important to their job satisfaction and 65 percent say it is important to their loyalty to their employer. The report also cited that 88 percent of employers say they will continue to offer health benefits to employees in 2014.
insurance. The same tax credits apply as with smaller employers, where those employees earning between 100-400 percent of the federal poverty level may benefit from purchasing insurance through the Marketplace. As you consider whether to provide coverage, keep in mind that an employer’s contribution to a health benefit plan is tax-deductible, while the $2,000-$3,000 penalty for not providing affordable coverage is not. How much can your business afford to spend? If your business already offers employer sponsored insurance, you most likely have a good idea of how much your business can afford to pay. Take into consideration projected increases in health care costs and your potential eligibility to take advantage of the Small Business Health Option Program (SHOP) in 2014. If your business is mid-to-large sized and rising costs are a concern, consider a private marketplace that offers fixed contribution options to help control costs. If you are considering offering insurance benefits for the first time, discuss your options with your insurance agent (see page eight for a list of FRSA member insurance agents) to help you evaluate the costs. You can use cost estimates to determine approximately how much it will cost per employee, as well as potential penalties for not providing employee health coverage. You can also estimate your eligibility for small business tax credits to help defray the costs associated with health care coverage through the Marketplace (www.healthcare.gov). Which Strategy Should I Choose? Employee benefits are a key indicator of employee satisfaction, retention and productivity. The Aflac WorkForces Report revealed that workers who are extremely or very satisfied with their benefits package are three times more likely to stay with their employer than those who are dissatisfied with their benefits package. There are many options to choose from, including traditional insurance, self-insurance, HMO, PPO, affordable coverage or a combination of options. Take time to determine coverage level and consider the following:
Adjust Your Current Health Plan Talk with your insurance agent to understand how your current benefits work within the new ACA stanMedium to Large Businesses dards. You may find your benefits already meet or Starting in 2015, employers with more than 50 FTEs exceed federal standards and can actually profit from may be subject to penalties if they do not provide af- helping to protect your workforce health and wellbefordable and minimum employer sponsored health ing. As you assess your current plan, keep in mind that 18
ROOFING Florida
December 2013
employees may be eligible for tax subsidies through the Marketplace if their required contribution to employer sponsored health insurance exceeds 9.5 percent of the employee’s annual gross income or the plan pays less than 60 percent of covered health expenses. Health Insurance Marketplace The Marketplace (also called an exchange) is expected to offer competitive benefit options to small businesses and individuals. Small businesses participating in the Marketplace may be eligible for a tax credit of up to 50 percent of their premium payments if they have 25 or less full-time employees whose average annual wages are no more than $50,000. While it is still too early to tell how the Marketplace will work and whether it will offer competitive pricing, it may be a good option for your business to provide cost effective workplace benefits. If you are considering shifting employees to the Marketplace, you may save on health care costs that could be allocated to supplemental benefits or employee salaries to provide increased value to your employees. Self-funded Plans Self-funded health care insurance plans offer an alternative to traditional health care plans. In a self-funding plan, the company is responsible for covering all claims in the health care plan, but because these plans are excluded from some requirements of the ACA, employers can save costs related to premium taxes and state insurance regulations. Self-funded plans tend to shift additional costs to employees, especially when an employer has a workforce with significant health care needs. Companies should also consider adding adequate stop-loss coverage to accommodate for annual and lifetime dollar limit restrictions. These plans are becoming increasingly popular with small businesses and can help reduce and manage employee health care costs, while still providing employee health care coverage. Defined Contribution Model In a defined contribution model, employers give their employees a fixed amount of money and a list of health insurance options for employees to pick and choose. This helps employers keep costs predictable, while offering employees the option to “buy-up” to a better plan. Since these programs require employees to make more informed decisions about health care, it will be important that they understand how an employer contribution works and how supplemental options supplement out-of-pocket costs. With the year-end looming just around the corner, there are still many unknowns about the future of the ACA, which is perhaps the reason many companies have yet to sign up for coverage. The coming year will prove to be an interesting battleground for Obamacare and government intervention.
My sources of information on the ACA came from the following articles, which may provide you with additional facts for making an informative decision on health care: Kaiser and HRET Employer Health Benefits 2012 Annual Survey; Kaiser Family Foundation; Tower Watson, Health Care Trends Survey; J.R. Gable, R. Lore, R.D. McDevitt, More Than Half of Individual Plans Offer Coverage That Falls Short of What Can Be Sold Through Exchanges as of 2014; 2013 Aflac WorkForces Report and the American Cancer Society, New Study Reveals Popular Federal Employee Health Plan a Good Starting Point to Determine Benefits Coverage. If you’re still unsure about what you need to do or if you have questions about coverage, please contact one of the FRSA member insurance agents listed on page eight.
–RFM–
New Workers’ Comp Rates for January Renewals In October, FRSA Past President Brad Sutter, FRSA Legislative Counsel Cam Fentriss and FRSA staff attended the annual workers’ comp rate filings for the State as we do each year. Sutter testified on behalf of FRSA and its members, encouraging the Office of Insurance Regulation to consider continued efforts on physician drug repackaging, cash fraud and problems with professional employee organizations (PEO) and misclassifications. FRSA was again the only trade association at the hearings, fighting for its members. Workers’ comp rates change for those who have a January 1 renewal, including those who belong to the FRSA-SIF. If your insurance policy renews at a later date, you’ll continue your current rates until renewal. Below is a summary of the changes. Code/Description 2013 3069 – sheet metal shop 7.01 5403 – carpentry noc 11.92 5437 – carpentry interior 8.62 5537 – a/c service, install, repair 7.69 5474 – painting 10.23 5551 – roofing 18.17 5535 – sheet metal installation 9.47 5606 – executive supervisor 1.95 8742 – sales estimator 0.53 8810 – clerical 0.27 8227 – contractor permanent yard 7.87 5645 – carpentry residential 15.84 9519 – a/c portable units 4.07 5190 – electrical wiring 6.17 5183 – plumbing 5.63
2014 +/(-) 6.79 (3.13%) 11.96 0.33% 8.23 (4.52%) 7.86 2.21% 11.04 7.97% 18.62 2.47% 10.44 10.24 1.99 2.05% 0.52 (1.88%) 0.26 (3.7%) 8.47 7.62% 16.31 2.96% 4.67 14.74% 6.09 (1.29%) 5.67 0.71%
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Joe Hart Receives Jim Carr Lifetime Achievement Award On Friday December 13, the Palm Beach County Roofing & Sheet Metal Contractors’ Association (PBCRSM) came together for its annual holiday party. Joe Hart, Vice President of Carpenter’s Roofing & Sheet Metal, was awarded the Jim Carr Lifetime Achievement Award for his years of dedication and experience and for the values he has brought to the roofing industry including honesty, integrity and service to the community. Joe entered the roofing and architectural sheet metal industry at Boys, Inc., one of South Florida’s oldest roof contracting business, originally established in 1923. There he gained his basic training from the founding Kinsey family. Joe strengthened his roofing experience when he joined the Carpenter family business in the spring of 1988. Since 1991, Joe has served as vice president of Carpenter’s. He brings experience in every phase of roofing and architectural sheet metal contracting, including design, estimating, sales, purchasing and field supervision. Joe has well over thirty years of experience working with designers, builders and owners of custom homes and commercial buildings, including both new construction and replacement of existing roofs on some of the finest homes and buildings in America including many of the local coastal landmarked homes. Joe has experience in all types of roofing and has significant insight into the history and application process of clay tile, cement tile, natural slate and copper as it pertains to the local unique tropical conditions.
–RFM–
PBCRSM President Joe Byrne (left) presents Carpenter’s
Roofing & Sheet Metal Vice President Joe Hart with the Jim Carr Lifetime Achievement Award. 20
ROOFING Florida
December 2013
Affiliates’ Corner New Officers Many FRSA Affiliates install new officers in preparation for the new year. Here’s a list of new officers: CFRSA President - Kristal Wingate, Roof Top Services Vice President – Jeff Hewitt, Gold Key Roofing Secretary – Doug Lanier, Collis Roofing Treasurer – Jared Mellick, Universal Roofing Group Past President – Wanda LeBlanc, Brite Top Roofing CRSA President – Sam Littlefield, Gutter Solutions Vice President – Rett Hartsfield, Hartsfield Construction Treasurer – Dawn Davis, ABC Roofing Supply Secretary – Tec Thomas, Roof N Ready Roof Cleaning Services Past President – Burke Dasher, Southland Rowe Roofing RCASF President – John Chase, Chase Roofing & Contracting First Vice President – Dan Kennedy, Certified Contracting Group Second Vice President – Brandon Jensen, Rainaway Roofing Secretary/Treasurer: Rob Foote, Furman Insurance PBCRSMCA President – Joe Byrne, Byrne Roofing Vice President – Mike Daley, Hi-Tech Roofing Secretary – George Jacobazzi, Complete Roofing Solutions Past President/Treasurer – Danny Stokes, Advanced Roofing
Happy Holidays from FRSA!
Florida Building Commission Approves FRSA/TRI Fifth Edition Tile Manual FRSA Staff and Rick Olson, President and Technical Director Tile Roofing Institute In December, the Florida Building Commission approved 200 mph nominal wind speeds to meet the ASCE 7-10. the FRSA/TRI Fifth Edition Florida High Wind Concrete These new uplift resistance values are summarized in a and Clay Tile Installation Manual as an equivalent reference standard to the Fourth Edition Manual. Barring any revised set of tables found in the Fifth Edition for easy legal obstacles that arise, the decision should be finalized reading and determination of fastening options that will and the new edition a part of the current 2010 Florida Building Code, hopefully by spring 2014. We’ll take a look at how this decision makes it easier for tile manufacturers and roofing contractors to comply less expensively with the requirements of the Florida Building Code. During the development stage of the current 2010 Florida Building Code, a move to the ASCE 7-2010 (7-10) wind maps was introduced and approved by the Commission at the last minute. On the positive side, this meant that Florida was the only state in the US that would be operating under the most current ASCE wind speed calculations. Most states, including any that adopted, unamended, ICC’s International Building Code, reference the ASCE 7-05 (or previous) wind calculations. On the downside, the last minute switch to the 7-10 wind maps meant that at least some of the standards MIAMI-DADE COUNTY referenced by the 2010 Building Approved Code did not have time to be updated to incorporate the 7-10 maps. Among TILE BOND™ Roof Tile Adhesive is an exceptional these standards was the Fourth solution for installing roof tiles. It goes on fast and stays Edition FRSA/TRI Tile Installation strong – even in harsh environments where hurricanes, Manual. high winds and temperature extremes put adhesives to The result of the discrepancy bethe test. tween the 2010 Building Code and • Miami-Dade County approved • Florida Building reference standards that still used Code approved • Hurricane zone qualified • No the older wind maps could require off-ratio concerns • No equipment or capital needed retaining an engineer on a roofing • No external power required • No cleanup or project to make sure the work was equipment maintenance • Up to 575 field tiles per 23 being performed in compliance with pound tank • Up to 40 tiles per 28 ounce can the 2010 Code.
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Fifth Edition Installation Manual In preparation for the new codes, the TRI performed a full engineering analysis of the new uplift resistance values for all roof pitches up to
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FRSA/TRI April 2012 (04-12)
5
th
EDITION
Florida High Wind Concrete and Clay Tile Installation Manual
of the building or structure, whichever is greater. As part of the TRI analysis, we expanded our tables to include Exposure D. Manual Format With the new wind requirements and optional methods of application that need to be included, the FRSA/TRI Tile Committee took the opportunity to revisit the basic format of the entire manual. The outcome of these collaborative efforts is a more efficient decision process that a roofing professional can follow. Some of the major highlights that are in the new Fifth Edition include: ♦♦Upgraded SA Underlayment Minimums ♦♦Requirement of primed metals ♦♦Increased laps on metals ♦♦Removed system designations (1, 2, 3, 4)
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♦♦Single matrix that recognizes all options ♦♦Added and expanded drawings ♦♦Battens will become “optional” on all pitches ♦♦Simplified uplift resistance charts
fing, Sheet Metal and oning Contractors n, Inc.
The manual has been simplified and the Fifth Edition runs only one-quarter the number of pages as the Fourth Edition.
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meet these requirements. The tables also reflect the other Education and Training changes from ASCE 7-10 that include: FRSA and TRI will be scheduling a series of training classes and “TRI Certified Contractor” Training on the manual ♦♦Revised load factors for wind in allowable stress design (ASD) and load and resistance factor design in upcoming months. These classes will help highlight the overall changes to the new codes and will then address the (LRFD) load combinations particular changes and options for concrete and clay tile ♦♦Removal of the Occupancy Factor for wind installations for Florida. Both FRSA and TRI are expanding their ♦♦Reinstating applicability of Exposure D in training in 2013-14. For more information on our uphurricane prone regions coming training programs, contact Rick Olson (TRI) ♦♦Revised wind speed triggers for definition of at rolson@tileroofing.org or Mark Zehnal (FRSA) at hurricane prone region and wind-borne debris mark@floridaroof.com. region; and ♦♦Revised pressure values for minimum design loads ♦♦Coastal Exposure. In the previous codes, the direct coastal exposure D had been eliminated. It was believed that the friction of the ocean (water) waves would reduce the wind speeds at landfall and not require the Exposure D category to be included. After the 2004-05 hurricanes evidence supported that this was not the case and the Exposure D was added back into the tables. Exposure D is defined as flat, unobstructed areas exposed to wind flowing over open water (excluding shorelines in hurricane-prone regions) for a distance of at least one mile. Shorelines in Exposure D include inland waterways. This exposure shall apply only to those buildings and other structures exposed to the wind coming from over the water. Exposure D extends inland from the shoreline a distance of 1,500 feet or 10 times the height 22
ROOFING Florida
December 2013
FBC, continued from page 22
–RFM–
The roof tile issue involves a complaint regarding whether or not a particular manufacturer’s tiles, imported from Latin America, meet Code requirements. The Product Approval Program Oversight Committee (POC) recommended waiting on the outcome of a pending civil suit before making a final ruling. The company had obtained a product approval from the State after Miami-Dade County issued a “notice of removal” of a previously issued NOA. Miami-Dade took this action after multiple complaints and hearings regarding the quality standards of the tile. Following December’s FBC meetings, the company’s Florida product approval remains in effect, allowing it to continue to sell tile in Florida. For more information on these and other FBC topics, visit www.floridabuilding.org.
–RFM–
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