ROOFING FLORIDA – April 2014

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

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Industry Challenges OSHA Silica Dust Logic

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Contractual Liability and the First Cost Doctrine

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FRSA Task Force Working to Increase Pressure on Unlicensed Activity

Fifth Edition Tile Installation Manual Update Affiliate All-Stars Heading to the Bullpen April 2014

Maria Armas Joins FRSA Staff as the New Director of Member Services If you attended the April Board of Directors and Committee meetings, you had the chance to meet Maria Armas, FRSA’s new Director of Member Services. Maria joined FRSA staff the week of the meetings and, speaking to the Directors said her three areas of focus were: 1. Discovering new FRSA members, 2. Retaining existing members and Licensed & Insured

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“People do business with people they like,” Maria said, “and I intend to reach out to non-members and let them know about the value of FRSA membership; and for existing members, I want to make sure that they know that FRSA is working for you.”

Maria sees herself as an ambassador to the Florida roofing industry. She jumped into her role as Director of Member Services by reviewing and revising FRSA literature for prospective and existing members.

“If FRSA members don’t succeed through their membership, I’m not doing a good job,” she said. “I want to make sure that members understand and take advantage of their many benefits.”

Maria brings her experience in marketing, video production and customer service to FRSA. Expect to see new things from her soon. She looks forward to hearing from you and discussing how you can leverage your FRSA membership. You can reach her at (800) 767-3772 ext. 142 or maria@floridaroof.com.

–RFM– Not a member? Receive FRSA benefits through September for more than 50 percent off the standard annual fee.

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Industry Challenges OSHA Silica Dust Logic

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Contractual Liability and the First Cost Doctrine

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Skylighting Offers Productivity Benefits

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FRSA Task Force Working to Increase Pressure on Unlicensed Activity

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Affiliate All-Stars Heading to the Bullpen

Obama Administration Seeks To Change Overtime Exemption

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Fifth Edition Tile Installation Manual Update

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Perspective: Unlicensed Activity

Now Available Online at www.floridaroof.com/rfm

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

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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.

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ROOFING FLORIDA (VOL. 5, NO. 4), April 2014, (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.

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ROOFING Florida

April 2014

FRSA Launches facebook page

FRSA recently launched its facebook page to provide updates to the industry regarding the Annual Convention and Expo, membership benefits, Association and industry news and more. We encourage you to visit the site at www.facebook.com/flroof and “like us”.

Josh Kaufman Moving Up in “The Voice” Josh Kaufman, the son of Mark and Doris Kaufman (Mark Kaufman Roofing Contractors Inc, Englewood), continues his success in the NBC program “The Voice”. Josh is a fourchair turnaround artist originally on Team Adam. He was “stolen” in the second round of battles by Usher after Adam picked Delvin Choice to move on to the playoffs. Josh has been singing on-and-off his entire life. He supports his wife and three kids by playing local gigs and working as an SAT prep tutor. Josh is hoping “The Voice” will allow him to stop tutoring and be a full-time musician to support his family. Visit his website at www.iamjoshkaufman.com and follow him on Twitter at @iamjoshkaufman.

Josh Kaufman, the son of Mark and Doris Kaufman (Mark Kaufman Roofing Contractors Inc, Englewood), singing on “The Voice”.

Rob Springer, CPRC ◆ Scouting Report

All-Star Strategies The game of baseball has had a significant impact on my life. As someone who grew up playing the game throughout my childhood, as a teen in high school, at the collegiate level and then morphed into a recreational league coach for organized local youth teams – the game has taught me a great deal. I often recall fond memories of those experiences and am reminded daily of the important lessons I learned from the game. Playing baseball has empowered me with the confidence to control my attitude and efforts. Here are a few pointers I think every player needs to know.

get in the game and then with some help from your teammates, get into scoring position.

Don’t Swing at the First Pitch Standing in the batter’s box – like many situations in life – can be intimidating.

When that first pitch comes, don’t feel like you have to swing at it. There will be lots of pitches and taking a minute to observe what’s coming at you will make you better prepared for the next one.

Make Use of Batting Practice Leadership must be demonstrated. Players tend to follow the lead of their coaches. Demand commitment from your players; commitment to the season, to practice and to themselves.

No matter how long you’ve been in the game, never believe that you can stop practicing. Use practice as an opportunity to try new techniques and approaches and solidify your skills before stepping up to the plate.

We can all get a bit rusty but practice helps us work out the kinks in a less intimidating setting.

Look Out for the Curve Ball Don’t make or accept excuses! It’s inevitable that throughout your life you’ll be faced with some curve balls. But if you’re looking out for them, you’ll be better prepared when they do come. You’ll probably swing and miss quite a few times but you’ll eventually learn to adapt and get better at recognizing those curve balls over time. Learn from your mistakes and the mistakes of others. Players must learn to win and lose with class and dignity.

You Don’t Have to Hit a Home Run Every Time Winning is important but it’s secondary to player character and development.

Sometimes a base hit is all you need to

Don’t Be Afraid to Get Your Uniform Dirty Our fear of failure and embarrassment often holds us back from really going for it. Progress involves risk. You can’t steal second base with your foot on first. Make the most of every opportunity. You don’t always get a second chance.

Run at Full Speed Small things can have a BIG impact on outcomes, so pay attention to the details. You believe that the ground ball you hit to the short stop is an automatic out. Run anyway and run hard. A small bobble by the fielder and you just may be lucky enough to beat out the throw. But more importantly, showing that you’re running at 100 percent every time says a lot about your playing style and your personal character.

Know Your Batting Average There is so much failure in baseball, even when you’re a really good player or play on a talented team. The question isn’t whether or not you’ll fail; it’s how you deal with it that matters. Don’t let the missed opportunities get you down but rather look at your success as a whole. Everybody has an “off” day. The perfect sales pitch doesn’t always land the job. This is why it’s called an average! Remembering that failure is an inevitable part of the game of life can help us let go of unnecessary, worry, fear and self-judgment.

Make a Sacrifice Sometimes you’ll have to take one for the team. Even if you’re typically a power hitter, a bunt to the infield may be just enough to advance your teammate into scoring position.

Learn to be Patient Patience is one of the more useful life skills. Instant Continued on page 22

“Whether you’ve played baseball yourself, watch it as a fan or don’t care about the game at all: in life, as in baseball, there are spotlight moments that define you.” www.floridaroof.com

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FRSA Joins Other Industry Associations to Challenge Logic of OSHA Silica Dust Recommendations

By John Hellein, RFM Editor

FRSA member Tyler Allwood (Eagle Roofing Products) recently travelled to Washington DC with NRCA President Bill Good and Tile Roof Institute (TRI) President Rick Olson to attend recent OSHA silica dust hearings. OSHA is working toward making radical changes in silica dust rules that could, if adopted, significantly: ♦♦Affect fall protection safety negatively and ♦♦Increase the cost of regulating silica dust, especially for smaller companies, all while failing to provide any real evidence that the new rules will decrease already low silica dust levels in a way that would reduce the risks to people who work around the dust. To date, OSHA has presented three methods of meeting the proposed new standards: 1. Wearing a full respirator mask; 2. Using a wet saw system, that may also require a respirator depending upon exposure times; 3. Using a vacuum system with a half-face respirator.

In his presentation at the OSHA hearing, Olson focused OSHA’s attention on the roofing occupation’s greatest risk: fall hazards. In his presentation, he pointed out that falls account for 76 percent of fatalities in the roofing industry and that 668 people died from falls in the roofing industry in 2012 while there has never been a single recorded death that resulted from silicosis as the result of tile cutting.

Building on the huge discrepancy between actual fall hazards and potential silica dust hazards, Olson pointed out that each of the possible OSHA recommendations would result in increased fatalities from falls.

All Three OSHA Recommendations Would Increase Fall-Related Hazards A full respirator mask would restrict visibility, increasing the risk of falls off roofs. Even half masks are problematic since they are often used in conjunction with eye and hearing protection. Allwood said that when OSHA representatives were asked about the effectiveness of the current industry standard N95 respirator mask as a means to mitigate silica dust hazards, they were apparently unaware of the mask as a suitable means to protect people from silica dust and had no data that would either affirm or refute the use of the mask in this capacity. Wet cutting on the roofs would

create a serious slipping hazard and greatly increase the risk of falls. Vacuum canisters and lines in conjunction with saws on the roof would present tripping hazards that would increase falls and are not effective for all profiles of tile.

In general, the TRI presentation stated that the OSHA draft standards regarding silica dust “are not feasible, lack the ability to be reliable and lack validated engineering controls.” Olson said that TRI supports the position of the “Construction Industry Safety Coalition that questions whether a rule of this magnitude, cost and lack of validity is necessary.”

The presentation also cited Arizona and California OSHA Studies from 2010 that reviewed practices, fall protection and engineering controls to limit silica dust exposure. Those studies found that implementing engineering controls such as requiring respirators would increase the risk of injury and fatalities. The final result in California and Arizona was an agreement by all groups for an exception for rooftop operations for roofing tiles.

Costs to Roofing Contractors In addition to the terrible human toll that will result from increased fall hazards, the high cost of compliance with the proposed new OSHA rules will likely prove prohibitive for too many companies. “This will affect a large part of the economy,” Allwood stated, “the changes are very anti-employer and assume that every small employer has the resources to comply.” During the discussion, OSHA representatives stated that they estimated a cost of $400 per year to companies.

In Allwood’s opinion, that estimate is incredulously low. “They want each employer to maintain a respirator program and to keep records on employees for 35 years. They also are talking about all new equipment.”

Summing up the proposed silica dust rules changes, Allwood said, “It is important to understand that this is a very bad idea.” He suggested that FRSA members should contact their congressional representatives.

“We are willing to work with OSHA on a common sense solution,” he said.

–RFM–

www.floridaroof.com

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Trent Cotney ◆ FRSA Legal Counsel

By Trent Cotney and Tray Batcher

Contractual Liability and the First Cost Doctrine

On March 19, 2014, the Fourth District Court of Appeal released its opinion in the matter of The School Board of Broward County v. Pierce Goodwin Alexander & Linville. 39 Fla. L. Weekly D590a. Pierce went before a jury in Broward County to determine an architectural firm’s liability for numerous changes to initial design plans, including changes which were needed to meet building code requirements after construction began. In totality, the difference between the initial construction plans and the final construction plans was so great that during construction 56 change orders were issued, including a change order for the remodel and addition of a three story set of stairs for fire code compliance.

The school board sued the architect for a breach of contract for the increased costs associated with the change orders. The primary issue concerned the addition of the three story fire escape not present on the initial design documents. The plans were peer reviewed and the peer reviewer maintained from the onset that a stair case was needed from a third floor balcony to the ground as a fire escape. The architect disagreed. Eventually, an inspector determined that the designs were non-compliant and required the addition of the stairs.

The legal issue was whether or not the architect breached its contract which required the delivery of codecompliant plans. In making this determination, the trial court applied the common law standard of care to the architect (whether or not the plans were negligently designed). This made the jury decide the issue based on the architect’s negligence rather than breach of contract.

However, on appeal, the District Court found that the trial court erred in this decision. The District Court held that the specific requirement of code-compliant plans created a higher standard of care for This defense is based on the the architect and idea that it was always the that the jury should have considered responsibility of the owner whether the archito provide, in our scenario, a tect breached its fire escape and therefore the contract and not if plans were negowner is only out the $10,000 the ligently designed. increase that occurred as a In doing so, the result of not including the fire District Court found that the 48-page escape in the initial plans. contract created a higher standard for 8

ROOFING Florida

April 2014

the architect and that it does not matter if the final construction set was code-compliant or whether the architect was negligent or not but, simply, whether the original construction plans were code compliant or not.

Also, Pierce recognized a new defense, similar to a concept previously recognized in the Fifth District. This was the defense of “first cost.” Under this defense, to the extent a building has to be modified mid or post-construction for code compliance, a contractor or design professional is only liable for the difference between the actual completed construction and what the construction costs would have been if the modification had been accounted for at the onset of construction. For example, if a $500,000 building cannot get a CO because it is missing a fire escape and it costs $50,000 to modify the building to add a fire escape but the building could have been initially designed and built with the fire escape for $540,000, then the “first cost” defense states that the designer or contractor is liable for only the $10,000 difference, not the entire $50,000 the owner will likely be demanding.

This defense is based on the idea that it was always the responsibility of the owner to provide, in our scenario, a fire escape and therefore the owner is only out the $10,000 increase that occurred as a result of not including the fire escape in the initial plans. This appears to be a new legal defense for contractors and design professionals and will likely be further developed by the Florida courts.

–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.

Cam Fentriss ◆ FRSA Legislative Counsel

Perspective: Unlicensed Activity At this writing, we have two more weeks in this year’s legislative session, but by the time you read this, it will all be over.

Let’s talk about something else.

We always want more done about unlicensed activity, and we often think that more penalties are needed in law. Well, I have to disagree with that because there are already many penalties big and small, civil and criminal, local and state. What we really need is a better understanding of the tools that are already in place.

That sounds easy enough except that it’s all too complicated for a quick answer or a handy pocket size list of phone numbers to call (well, maybe we can do that pocket card later but not right now). This topic will take more than one article, and let’s start with an overview of Florida’s tools to combat unlicensed activity in construction. In articles to come, I will try to develop a detailed description of these tools and specific penalties.

Most of Florida’s regulatory provisions relating to unlicensed activity can be found in law in chapter 489, Florida Statutes, which is the construction licensure statute.

There are three broad types of regulation that allow for penalties to be imposed on unlicensed contractors. The strictest are criminal penalties that involve Before we get fired fines and ofup about putting ten allow for these creeps in jail, jail time. The next level is we need to think civil penalties about whether we that are almost always monewant it so badly tary fines. The that we are willing third type of to pay a pretty big penalty is one that is imposed increase in tax to by operation of make that happen. law and is triggered by action or agreement between people or entities.

Generally (but not always), for this last one, there is no need for government staff to get involved to apply the penalty.

Criminal penalties usually sound best to us because we envision the crook 10

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hauled off in handcuffs and put behind bars which is very satisfying after watching these cheaters casually and daily ruin consumers and take business away from licensed contractors. Not only do they unfairly compete for business, they almost always give the industry a bad name because they do poor work and leave the consumer with something that won’t pass inspection (if anyone even gave any thought to complying with codes from the start). Despite that, there are three very big problems with criminal penalties. First, it is very expensive to the taxpayer to lock these people up. Before we get fired up about putting these creeps in jail, we need to think about whether we want it so badly that we are willing to pay a pretty big increase in tax to make that happen.

Second, crimes are not easy to prove to get a conviction. They make it look easy on TV, but it is not easy in real life. A person whose career is unlicensed contracting is typically very familiar with how to avoid creating a trail of evidence. Even if caught, he or she usually knows how to avoid the kinds of penalties that would really count. For example, when caught, an unlicensed contractor will figure out that he or she should enter into a plea bargain that avoids a guilty plea because a conviction (finding of guilt) means much higher penalties after the first conviction.

Third, those in government who prosecute these crimes (elected state attorneys usually) have rarely been that interested in spending the time and money to convict unlicensed contractors. Why is that? Who really knows?

We have speculated over the years that it’s about low penalties (mostly misdemeanors, a few felonies) or that these cases are not as newsworthy as, for example, murder or gun crimes. One likely reason for lack of criminal prosecution is the relative complexity of construction cases (must learn about what work requires a license, when a permit is required, what must be in a construction contract, and more). It’s very hard to justify spending a lot of time learning about construction contracting for a relatively minor prosecution.

Civil penalties should be considered the best way for government to regulate unlicensed contracting. There are several reasons I say this and not the least is because they get at the heart of the matter – money. I would guess that an important reason one would choose to be an unlicensed contractor has to do with “profit margin” which is substantially higher if you stay in the shadows and do not pay taxes, government fees, or mandatory purchases such as workers’ compensation and other insurance. A good stiff civil penalty is a great equalizer here.

Another important fact about civil penalties is that it is generally easier to impose a civil than a criminal penalty. Largely this is because you are not taking away someone’s liberty when you impose a civil monetary penalty.

What should be an important advantage for seeking civil penalties is that it puts money in the government’s bank account. Wouldn’t it be nice for us all if, rather than asking for more money in taxes, government would find and fine these people. In fact, since unlicensed contractors do not pay taxes, it is only fair that government focus on picking their pockets well before they try to pull more pesos from those of us who play by the rules.

Finally, we have those penalties imposed by operation of law – what exactly does that mean? The biggest such penalty is found in section 489.128, Florida Statutes, titled “contracts entered into by unlicensed contractors unenforceable.” That says it all, and this is a great law, but there are a few important notes about it. First, before this law can be useful, the customer needs to know it exists and needs to know it before paying the unlicensed contractor. Having said that, it is important to be careful about how to inform the consumer that this law exists. For instance, an ad campaign to let all consumers know about this law will mostly attract those who would take advantage of this by purposely hiring an unlicensed contractor to get a whole lot of work done for free. This law is intended to severely punish unlicensed contractors - not as a 100% off coupon for the opportunistic consumer. And if you think a property owner would not do that, there are some commercial property owners who have done exactly that based on an overly broad interpretation of the law, stiffing subs and suppliers along the way.

So to sum it up: Criminal penalties are tough but hard to impose, civil penalties cost the bad guys real money if

you can get government to use them, and penalties by operation of law work well if you can keep consumers from using that to support unlicensed activity so they can get free work done.

In the next installment on this subject, we will look at some specifics about who is in charge of what penalties.

–RFM– 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).

Skylighting Offers Productivity Benefits

By Bob Dutkiewicz, Vice President, Kennedy Skylights Historically, many architects and builders have used skylights for two reasons. 1. They are an inexpensive source of lighting and 2. They add to the aesthetics of homes and offices. There are additional reasons to consider skylights.

It turns out they can have a positive effect on people and their productivity.

Research conducted in schools, retail centers, and businesses have shown some interesting and perhaps surprising results from increased exposure to daylight.

For example, in a controlled study conducted by the Heschong Mahone Group, Fair Oaks, CA, students’ math and reading comprehension scores improved compared with students who were in classrooms with only artificial light. To paraphrase the study, “Students with daylight in their classrooms performed 20-25 percent better on reading and math tests… children in classrooms that are naturally lit have higher attendance records, are more attentive and have fewer behavioral problems.”

In a controlled study of more than 100 nearly identical retail stores, two thirds of the stores had skylights installed, and one third did not. The impact of skylighting on sales measured over an 18 month period was dramatic. Researchers concluded that if the 33 percent of stores without skylights were to add them, sales from those stores could be expected to increase anywhere from 31 percent to 49 percent.

Grocery stores and other retail centers can also benefit from the addition of natural light, particularly from skylights. According to a case study performed by Pacific Gas & Electric, a sky-lighting system in a typical grocery

store in Los Angeles was found to save about $10,000 per year in the reduction of utility costs for lighting and air conditioning. Furthermore, the store increased revenues because customers were willing to browse and shop longer. Surveyed customers reported that the additional “pure” light from skylights gave them a sense that the store felt “cleaner, more open,” “more spacious,” “brighter” and “more inviting”.

The best skylights offer unique designs that capture the maximum amount of sunshine and disperse it evenly. The skylighting can greatly increase workplace safety and decrease employee absenteeism. Florescent lighting (used frequently in warehouses and manufacturing facilities) produces varying of levels “flicker,” which can produce eye strain, headaches and even attention deficit problems. Also, overhead artificial light illuminates horizontal surfaces while casting shadows. Diffused daylight from a tubular skylight illuminates both horizontal and vertical surfaces evenly with no flicker.

In summary, sunlight provides significant physiological and psychological benefits. Using sky-lighting systems to capture daylight is an economical and environmentally sound way to make home, work, shopping, and school more satisfying while providing an atmosphere that can stimulate greater productivity and customer satisfaction.

–RFM– Bob Dutkiewicz is Vice-President at Kennedy Skylights.

For information about Kennedy Skylight products, contact him at (800) 280-2545 or bob@nltubular.com.

www.floridaroof.com

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FRSA Task Force Working to Increase Pressure on Unlicensed Activity

By John Hellein, RFM Editor

At the end of FRSA’s Unlicensed Activity Task Force meeting in April, Chair Donnie Harp (Imperial Roofing, Winter Haven) spoke of the “spark” that had been ignited at the meeting.

“I will be contacting the Polk County Sheriff’s Department to provide them with [Sarasota County Sheriff Department] Tony Colonna’s contact information,” Harp said, “I hope that we can get things going here and I’d like to see other people do the same in their areas.”

While it was clear that the information and passion that Detective Colonna shared about the successful Sarasota County unlicensed activity program did spark the interest of the FRSA contractors who attended the meeting, frustration at the status quo in many areas of the State was also prevalent.

“I get it,” said Larissa Vaughn, DBPR Investigator Supervisor, in response to complaints at the meeting of unlicensed brokers using websites, post card mailings and other methods to provide proposals to homeowners that it then passes on to licensed contractors who pay a referral fee. According to Task Force co-chair Jeff Hewitt (Gold Key Roofing, Orlando), some of the initial complaints had been filed with DBPR nearly two years ago. Before we look at details of some of the illegal activity that is proliferating across the State, let’s look at how one Florida county is fighting unlicensed contracting.

Success Story: Sarasota County Sarasota County Sheriff’s Detective Tony Colonna commands attention. It’s not just that he’s packing a pistol on his belt, it’s his awareness of the criminal – not civil – nature of unlicensed activity. Here’s some excerpts from his presentation.

For years the industry has been asking its community leaders to put an end to unlicensed activity with little or no results. As a direct result, the industry has lost confidence with their counties’ commitment to holding the industry to a standard.

Industry asks why they should continue to be licensed, pay insurance, and pull the required permits when the competition is not held to the same standard?

The industry leaders asked for a "level playing field” and a way to eradicate this problem from our communities but are told repeatedly this is a civil issue. Unlicensed contracting is not a civil case. It’s a crime!

Just like law enforcement certifications, all licensed contractors have taken competency tests, completed background screening and are required to take continuing 12

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April 2014

education to maintain their license. Unfortunately, there are individuals misrepresenting themselves as licensed contractors. These unlicensed individuals can make your community vulnerable to scams, fraud, theft, shoddy workmanship, liability and risk.

The criminal nature of unlicensed activity are spelled out in Florida Statute 489.127. Section (f) states: Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified.

The statute provides a first degree misdemeanor for first time convictions and a third degree felony for subsequent convictions. The statute also provides for a felony for first-time offenders when the activity occurs during a government-declared state of emergency.

Steps to Prosecuting Unlicensed Activity Of course, just because unlicensed contracting is on the books as a criminal offense in Florida does not mean that offenders are actually being investigated and convicted.

Several steps are required in order to have a good chance of conviction. The process begins with the homeowner, victim or an anonymous tip. When a complaint is received, it needs to be verified by local code enforcement to determine if an project involves merely unpermitted work or unlicensed contracting. If it’s the former, the issue can be sent to DBPR for administrative action including possible discipline of the licensed contractor. If unlicensed activity is involved, photographs taken by code enforcement officials can serve as evidence along with the citation issued by code enforcement for unlicensed activity. Armed with this evidence, law enforcement submits a probable cause affidavit to the State Attorney’s office for criminal prosecution.

Generally: If the scope of work performed requires a permit, then the individual is required to be "licensed" either locally (registered) or by a state (certified). If the work performed was committed by an unlicensed contractor, a criminal act has occurred. Refer the case to the local law enforcement entity for criminal prosecution.

Getting the Right People Together Getting the right documentation to local law enforcement and, beyond that, getting the State Attorney to decide that they have enough evidence to pursue a conviction is far from automatic. The frustration felt by many contractors at the lack of prosecution of unlicensed activity testifies

Complainant Victim Homeowner Anonymous Tip

State’s Attorney

Code Enforcement / Building Department

Cycle of Operations

elected officials at the State and local levels is a likely requirement in order for the issue to receive the necessary attention of law enforcement officers.

What is clear is that to swing the momentum from the current conditions that are favorable to apparently rampant unlicensed activity throughout the State to unfavorable conditions, in which the risks of participating in unlicensed activity outweigh the benefits, will require concerted and sustained efforts by individuals from FRSA and other community members. Frustration with the status quo underscores the fact that without these efforts, the cooperation between various government entities will simply not happen.

SAFETY SYSTEMS

Law Enforcement DBPR Pursuing criminal charges for unlicensed activity requires cooperation between several different entities, starting with the citizen who initiates the complaint.

SAFETY SYSTEMS

to this fact. In order to get from where many localities in Florida are now to something closer to the successful program in Sarasota County, involves a concerted effort on the local level. According to Colonna, a local task force seeking to convict people involved in unlicensed activity should include: 1. Building Officials 2. Code Enforcement 3. DBPR 4. Law Enforcement 5. Department of Agriculture 6. Division of Insurance Fraud & Workers’ Compensation 7. State Attorney's Office 8. Home Builders Association In Sarasota County, for example, members of the task force “meet monthly to share intelligence on specific groups and current trends” involving unlicensed activity.

Task force members have access to a shared database that provides status of suspected individuals in the field and to enter newly obtained information. During these monthly meetings, contractor association representatives can provide important insight into how unlicensed individuals operate to avoid prosecution.

The Squeaky Wheel Just because the issue of unlicensed activity is important to FRSA and to individual contractors who work within the system doesn’t mean that it is on the radar screen of local law enforcement in your area. That’s where construction associations like FRSA can help. Contacting

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Brokering One aspect of unlicensed activity involves unlicensed individuals contracting with consumers and then farming out those contracts to licensed contractors. The use of websites employing – oftentimes blackhat – search optimization methods has enabled these brokers to reach a large number of consumers. According to Jeff Hewitt, it’s not the “trunk slammers” that present a real threat to legitimate contractors anymore, it’s these brokers.

“We’re talking about million-dollar bids for some of these jobs,” Hewitt explained. Google appears to do a better job than some other websites at returning legitimate roofing companies in its organic search results, for those roofing contractors who invest in websites that endeavor to continually provide new content. On Bing and Yahoo, the brokers are more prominent. A look at one of the websites (below) retuned for the search “Orlando Roofing” would raise eyebrows from experienced web developers, it is obviously not a real business but a site developed to capture leads. Of course, at least one focus of a legitimate website should be to capture leads but there should also be a healthy mixture of “real” content. A regularly updated blog, consumer awareness information along with articles highlighting the company’s community involvement are all good content that should help roofing companies receive better position in the search engines. Also important (and another item lacking in the featured broker website) is prominently displaying your contractor license number. Florida requires contractors to include your license number in all advertisements. Florida Administrative Code rule 61G4-12.011 defines advertisements to include any electronic media including Internet sites.

Of course, consumers may know as little about what to look for in a legitimate website as they do about what to look for in a legitimate roofing contractor. If you come across a website advertising roofing services in Florida that looks suspect, you can report it to DBPR. Discovering such sites may be as simple as searching for terms such as “__________ roofing”, filling in the blank with a large city in your area (i.e., “Orlando Roofing”, “Tallahassee Roofing”, “Naples Roofing” etc.). Taking the time to report questionable sites to DBPR may go a long way toward putting a stop to situations like the one described next by letting the agency know that the issue is on the radar screen of an increasing number of contractors.

Right: Unlicensed contractors use websites to reach consumers, obtain contracts for work and then farm the work out to licensed roofing contractors.

14

ROOFING Florida

April 2014

Frustration and Shifting the Momentum Hewitt and other FRSA members have dedicated considerable time to understand how unlicensed brokers use the Internet to capture roofing work and to attempt to shift the momentum away from a business environment that fails to stop this illegal activity to something that makes such activity more difficult. The effort has proven frustrating. For example, in September 2012, a broker’s website was brought to his attention. In October, he reported the site to DBPR. The broker was using virtual offices, meaning they had no physical address from which they were doing business, a healthy clue that the business is not a legitimate contractor. It took a month before any word came back from DBPR. Four months after submission, in February 2013, the issue went to a State prosecutor who subsequently dropped the case. Hewitt spent two weeks attempting to contact the prosecutor without success.

After contacting the prosecutor’s supervisor one morning, he received a call from the prosecutor at the end of the day. Hewitt characterizes the prosecutor’s attitude during the call as upset as a result of his supervisor having been contacted. In the end, Hewitt says he was told that the case was dropped because there was no victim, no glory in prosecution: no senior citizen who had been taken advantage of. Of course, it is both legitimate contractors who persist in playing by the rules despite an uneven playing field and consumers doing business with unscrupulous contractors who are victims in the current environment in which the above situation appears to be the norm.

Speaking of reversing the momentum in order to create a level playing field, Hewitt says that it is “a very, very slow process.” Over the past 20 months since first becoming aware of the site, Hewitt says that the site was taken down only to be reworded and re-appear on the Internet.

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The case, according to DBPR, remains open and so the agency will not comment on it. Meanwhile unlicensed brokers like these continue to funnel a significant amount of work away from legitimate contractors. Unfortunately, the site is one of many operating just in the Orlando area without a contractor’s license. Despite how successful these websites are as a tool for unlicensed individuals to contract work, he feels that the issue is not receiving the attention it deserves and large amounts of business continues to be siphoned away by these brokers.

complaints directly to regional offices, skipping a layer of bureaucracy in Tallahassee. It also now has the ability to upload photos taken with your mobile device directly to DBPR. Just search for “DBPR Mobile” in the App Store or Google Play. Finally, if you have any information regarding successful or unsuccessful attempts to stop unlicensed activity in your area that you think people in the industry should hear about, contact ROOFING FLORIDA at (800) 767-3772 ext. 127 or john@floridaroof.com.

No Quick Fix Experiences such as the difficulties Hewitt has faced challenging the roofing brokers who are openly using the Internet with apparent impunity and the still limited scope of successful unlicensed activity efforts throughout Florida (in addition to Sarasota County, Miami-Dade, Broward and Hillsborough have robust programs and Volusia County is developing one modeled after Sarasota), professional roofing – as well as other construction industries – contractors must be prepared for an ongoing fight that considers using every legal tool at our disposal and adapting to what works and discarding what proves ineffective.

The Cost of Unlicensed Activity

Resources To find out more about the Sarasota County program, contact Detective Tony Colonna at (941) 861-4901. The DBPR tip line is (866) 532-1440 or you can download its mobile app (available iOS or Android). According to Larissa Vaughn, the app has the advantage of sending

–RFM–

Carlos Morales serves as an Investigator Supervisor at the Orange County Consumer Fraud Unit, an agency with jurisdiction over all consumer transactions in the county, including residential roofing work. Last year, the Orange County Commission directed the agency to proactively pursue advertisements from unlicensed contractors including business cards posted in restaurants, anonymous tips or information received from licensed contractors.

Like the program set up in Sarasota County (see above article starting on page 12), Morales works with the state attorney to prosecute the most egregious or repeat offenders. Bringing offenders to justice is a constant challenge and, unfortunately, there are many instances of consumers losing money and property as the result of shoddy or

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non-existent work. One of several cases Morales shared with me involved a travelling unlicensed contractor. A retired couple responded to a flyer stating that the contractor was a “flat roof expert”, “all Work and Materials are Grade A and Guaranteed”, “We Make Old Driveways Look New” and offering a 15 percent senior discount.

The couple signed a contract for a “complete roof replacement” March 25 and wrote an initial check for $1,400. Trouble started almost immediately. After not showing up the next day (as promised), the contractor provided excuses about providing proof of being licensed or insurance when he showed up with a crew two days later. The crew began stripping the roof and the contractor collected an additional $800. The next day, the contractor informed the couple that all of the roof deck was rotten and would need to be replaced at an additional cost of $640. A contract addendum was signed for the plywood, promising “Grade A” wood and a 20-year guarantee. More delays followed. On April 1, the crew arrived late and at the end of the day the contractor informed the couple that he had lost money on another job and would need another $500 to pay the workers to complete the roof work. The next day, the report states:

A travelling unlicensed contractor stripped half this retired couple’s roof, leaving the debris and an open roof when the rain came. Cost: $3,340 plus damages.

was eventually busted in New Jersey but since he was only facing a misdemeanor in Florida, the state balked at extraditing him.

Undaunted, Carlos Morales and the Orange County Consumer Fraud Unit continue to fight against the unli“April 2: They never showed up and Wednesday censed activity they become aware of – with some success. they never showed up. It was going to rain so I Morales says that it “is critical for consumers to hire only called a friend who went up on the roof and adlicensed contractors as their safety, welfare and quality vised me they had stripped half my roof and did of life is preserved. Not doing so can affect their family nothing else which means I have an open roof safety and economic well-being.” The agency is one of six plus all the debris from the stripped roof was sitlike it in Florida, including Miami-Dade, Broward, Palm ting on the other half of the roof.”

Beach, Hillsborough and Pinellas counties. If you have a The rain came and in addition to a damaged roof a tip for Carlos, you can contact him at (407) 836-2490 or good portion of the interior suffered water damage. The cmorales@sao9.org. couple was out $3,340 plus the damages. The contractor –RFM–

FRSA Educational Foundation Supports RICOWI At the April FRSA Board of Directors and Committee meetings, the Educational and Research Foundation voted to approve supporting the Roofing Industry Committee on Weather Issues (RICOWI) with $1,000. The money will be used in the Wind Investigation Program (WIP).

According to RICOWI, the program’s “mission is to investigate the field performance of roof assemblies after major wind storm events, factually describe roof assembly performance and modes of damage and formally report results of investigations and damage modes for substantiated wind speeds.” RICOWI has conducted four of the most comprehensive roofing investigations of hurricane stricken areas immediately following Hurricanes Charley (2004), Ivan (2004) Katrina (2005) and Ike (2008).

RICOWI has teams ready to deploy when a hurricane is forecast to strike land and arrives on the scene

beforehand to set up and then to assess damage in the aftermath.

In a letter to Mark Zehnal, CPRC, thanking the Foundation for its contribution, RICOWI representative Paul Riesebieter, RRO, commented on the value FRSA involvement brings to the industry: Your involvement with the backing of FRSA brings a highly recognized and respected roofing trade organization to the national scene and through RICOWI your presence has helped sponsors and affiliate members to better understand the roofing issues and concerns of one of the most technically advanced code areas of the United States.

–RFM– www.floridaroof.com

17

Obama Administration Seeks To Change Overtime Exemption

By Raleigh F. “Sandy” Seay, Jr. Ph.D., Chairman, Seay Management Consultants On March 13, 2014, President Obama signed an Executive Order directing the Department of Labor to devise new regulations that define which salaried employees qualify for exemption for overtime. Currently, the regulations specify five exemptions that the Department of Labor defines in Interpretive Bulletin 541, which is the principle DOL document dealing with this subject: 1. Executive – employees who perform management responsibilities that involve supervision.

2. Administrative – employees who perform management responsibilities that may not involve supervision, but may involve the management of assets or a specific management function.

3. Professional – employees who are generally regarded as professional in that they possess extended learning or a specialized degree, such as physicians and Registered Nurses.

4. Outside Sales – employees who are engaged in sales activity, outside of the workplace.

5. Technical – this applies to certain employees who have a degree in Information Technology or Management Information Services.

non-exempt status, meaning that these employees must begin to keep a time record and receive overtime for all hours worked in excess of 40 per week.

On the other hand, we would expect that employers may, at that point, hold those employees to no more than 40 hours per week, so that overtime compensation would not be necessary, a move that some say would tend to stifle an employee’s opportunity to demonstrate individual initiative and ambition.

It is also possible that some employers may lower an employee’s current salary so that any overtime paid will be roughly equivalent to his or her current pay. And, if none of these alternatives are viable, some employers may decide to reduce or eliminate new or current management positions.

When Does This Change Become Effective?

It is not effective immediately. The process is that the Department of Labor will formulate the changes and publish them in the Federal Register for public comment.

After the Department of Labor receives and analyzes all of the comments, the Department will move to publish final regulations, which may take several months and perhaps as long as a year. At Seay Management, we expect the efThe definition of these exemptions has a long history and the Department of Labor has changed them numer- fective date could be sometime in the late Fall of this year ous times. Each exemption has five or six requirements or perhaps early 2015. but one of the main requirements is that the person must What Should We Do Now? receive a guaranteed weekly salary, not subject to de- Since this change is not imminent, there is nothing speduction, a provision that is itself the subject of numerous cific that you have to do immediately. On the other hand, interpretations. The President’s recent Executive Order this change is surely coming down the road in several calls for the Department of Labor to make at least two months, so here are some things you can do to prepare. changes in the exemption requirements: 1. This might be a good time to review the status of 1. The salary requirement and your exempt employees to make sure they meet the 2. The amount of time a person must spend in mancurrent Department of Labor requirements, and agement activity, in order to be exempt. that you have written job descriptions supporting the exemption and identifying the position as exThe President has left it up to the Department of Labor empt or non-exempt. to formulate both of these changes but most observers 2.

Take a look at the current salary levels of your exbelieve the salary requirement will rise from its current empt employees to determine if they are under or weekly level of $455 per week to somewhere around close to the $1,000 per week salary level that we be$1,000 per week. Some states, like California and New lieve the Department of Labor will enforce. On the York, already have higher state requirements. effective enforcement date, whenever that may be, you will need to either (a) pay them overtime, (b) What Will Be the Effect of this Change? hold them to under 40 hours per week or (c) raise The President states that this change will result in more their salary and re-structure their duties so that they workers receiving the “overtime they deserve” (Fox meet the new exemption standard.

News report, March 15, 2014). If the change results in a 3. Be prepared to revise your exempt/non-exempt polnew salary threshold of around $1,000 per week, there icy in your employee handbook, so that it meets the is no question that many management employees, currently classified as exempt from overtime, will move to a new requirements.

–RFM

18

ROOFING Florida

April 2014

E-Recording Saves Time and Money

By Pat Sponem, Simplifile Sales Account Executive For hundreds of years, the process used to record public documents changed very little. Today, the Internet has changed the recording process, making it easier, faster and less expensive. The ability to electronically record (e-record) public record documents, has become a preferred method for document recording, enabling counties and document filers to save time, money and use less paper.

What is E-Recording and How Does it Work?

E-Recording is the process of delivering documents via the Internet that would otherwise be delivered by mail, runner or courier service. Documents are electronically prepared or scanned, uploaded and submitted to the county office for recording through a web-based service provider. Upon receiving the documents electronically, the county reviews and records (or rejects if there is an error) the documents, usually within hours or even minutes and returns them to back to the submitter electronically.

Nearly 60 percent of Florida’s counties are on board with e-recording, including Miami-Dade, Broward, Orange, and Hillsborough counties to name a few. An increasing number of construction companies, title companies, contractors, lien filers, attorneys and other document submitters have begun to use e-recording as a part of their workflow. Notice of commencements, liens and other types of land documents can all be submitted via e-recording and it is proving to be the fastest, most convenient way to record documents with recording jurisdictions both locally and nationally.

Traditional Recording vs. E-Recording Workflow In a traditional recording workflow, the submitter first prepares a document package and writes a check. Next, the documents are shipped or hand-delivered to the county office. The documents must be physically examined for record ability and fees are reconciled. If everything checks out, the documents are recorded, then shipped back to the submitter. Of course, this is a best case scenario. If a document isn’t filled out correctly, or a check is written for the wrong amount, the document package must be returned to the submitter and the process begins all over again. In a traditional workflow, each step requires manual effort and has the potential for significant delay.

With e-recording, the submitter prepares a document package in either a traditional paper format, which is later scanned into a computer, or directly on the computer using their title, closing, or servicing system. Then, the electronic recording system encrypts the documents and sends them securely via the Internet to the county. There, the recorder can open the electronic package and review for record ability. With a single click, the documents are recorded, stamped, archived and returned to the submitter in minutes. In addition, fees are automatically calculated and deposited to the county’s bank account.

If a document doesn’t meet recording requirements, the rejection reason is identified and the document package is

instantly returned to the submitter for correction. Instead of an additional delay of days, e-recording may involve a delay of only a few hours.

Benefits of E-Recording E-Recording offers many advantages over traditional recording. There is no photocopying, no check writing, no envelopes, no postage, no shipping or courier expenses and most importantly, no delays.

In addition, because government legislations have established a firm legal basis for e-recording, it’s already being used by nearly 1,200 counties across the U.S. Getting started with e-recording is simple. In fact, the minimum requirements are a computer, a scanner, and high-speed Internet access. Users can be up and running with an e-recording service in minutes.

Sometimes it’s a race to record documents, and with the ability to submit and record everything electronically, the entire recording process can be accelerated. Best of all, no one has to leave the office, drive to the courthouse, or stand in line.

E-Recording has also helped to increase document security. When documents are mailed or hand-delivered they are more likely to be lost or altered en route to the county. With e-recording, they stay securely in your possession while the electronic original is prepared, delivered, tracked, and recorded. You retain control of the process.

When you choose an e-recording service provider, make sure they use adequate security encryption; for example, automated clearing house (ACH), which is the same secure funds transfer network that banks use. Service providers should also calculates taxes and recording fees for each county; this will eliminate incorrect submission fees and dramatically reduce costs associated with document re-submission. There are no fees for rejected documents when you e-record and users can also track the status of documents as they are received, reviewed, recorded and returned.

Without question, e-recording helps cut costs associated with traditional paper document recording and improves your bottom line. While your competitors continue making trips to the county, handling stacks of paper documents and waiting on the time-consuming process of manual recording, you and your employees can e-record everything in minutes, dedicate more time to other tasks and provide better customer service.

When searching for an e-recording vendor, find someone who understands your business needs and can provide you with one-on-one training, support and user-friendly software that you and your staff will be excited to start using.

–RFM– Simplifile (www.simplifile.com) provides e-recording services across the Country. For more information, contact Pat Sponem, Simplifile Florida Sales Account Executive at pat@simplifile.com or (800) 460-5657 ext. 1048.

www.floridaroof.com

19

Affiliate All-Stars Heading to the Bullpen Each year at FRSA’s Annual Convention and Expo, affiliate members gather for a friendly competition and a chance to declare victory over the other affiliate members of FRSA. Past competitions have included cardboard boat races, metal crafting competitions and food drives for charity. This year, our affiliate members have decided to support the baseball theme of the 2014 Convention and find out who can throw the fastest strike.

Arrangements have been made for an inflatable pitching dome to be set up on the Expo floor on Friday, July 11 from 1:00 pm to 5:00 pm.

Competitors will throw baseballs at a clearly identified strike zone while a radar gun records and displays the speed of each pitch.

Balls thrown outside of the strike zone will be called by an impartial judge from the company providing the pitching dome and will not count. The pitch speed of each strike will be recorded and the affiliate with the fastest strike will be declared champion.

Each affiliate will recruit a fourperson team to compete at the event and competitors must be members of the affiliate they are representing. This rule might explain why rumors are swirling

that former MLB pitcher Randy Johnson was added to the guest list for the next meeting of one of the affiliates. If you have any connection to current MLB reliever Aroldis Chapman, now may be the best time to spark his interest in the roofing industry.

Our reigning champs aren’t too worried about ringers. “Who’s the best you ask?” says CFRSA President Kristal Wingate. “All you have to do is take one look at the trophy and see whose name is all over it. CFRSA is just waiting to find out who is going to place second!”

This year’s competition will be good for more than just laughs and fun times.

Our generous affiliate members have decided to implement a $125 entry fee for the competition. The entry fee will be used to purchase books which will be presented to the 2014 Charity of Choice, ReadingPals, at the grand opening of the Florida Roofing & Sheet Metal Expo, July 11 at 12:30 pm. Books will be distributed throughout Florida to assist ReadingPals with their goal of helping young children read at grade level by third grade.

Think you’ve got what it takes to be an Affiliate All-Star? Talk to your local affiliate and get your team to the bullpen. Entry forms will be sent out to affiliate representatives in May. Questions? Contact Maria Armas at (407) 671-3772 ext. 142 or maria@floridaroof.com.

–RFM–

Abestos Course at New FRSA Training Center

The FRSA Educational & Research Foundation will be and meets State requirements for Workplace Safety conducting a Two-Day Asbestos Competent Person and Training and Business Practices.

On Site Roofing Supervisor Course. Completion of the Completion of the first day only fulfills the following entire two-day course fulfills the following requirements: requirements: ♦♦OSHA “Competent Person” - federal requirement for work involving removal and/or the disturbance of Class II asbestos-containing roofing materials (shingles, BUR, etc.).

♦♦OSHA initial 8-hour course requirement for all employees involved in the removal and/or disturbance of Class II asbestos-containing roofing materials, OR

♦♦Florida Asbestos Abatement Laws training ♦♦OSHA 8-hour Annual Refresher training for requirement for “On Site Roofing Supervisor” who all employees working with Class II Asbestos must be present for work involving removal and/or Containing Roofing Materials (F.S. 469.004 (3)). disturbance of Attendees must have previously completed FRSA’s Two♦♦Class II asbestos containing roofing material (F.S. Day Asbestos Training Course.

469.004(3)) Seating is limited. To register, contact FRSA at Extra Bonus Full course completion earns 16 hours of continuing education (CE) for Florida registered or certified contractors 20

ROOFING Florida

April 2014

(800) 767-3772 ext. 100 or lisapate@floridaroof.com.

Affiliates’ Corner

TCRCA held its First Annual Skeet Tournament in March at the Tenoroc Shooting Center in Lakeland. TCRCA officers pictured above (right to left): Secretary Daniel Boatwright (Springer-Peterson), Treasurer D. Dea Waterson (McEnany Roofing), President Diana King (Springer-Peterson), Director Dennis Brewer (sitting, Springer-Peterson), Director Jason Howard (Triangle Fastener), Jordan Cronlund (Entegra Roof Tile) and Director Jay Salmon (sitting, Gulfeagle Supply).

Mark Zehnal, CPRC, has been teaching Fifth Edition Tile Installation Manual courses at the local affiliates. Left above, Mark at a recent CFRSA meeting that included local building officials and left at the latest SMRSMCA meeting.

FRSA Contractor Support Needed to Answer State Fastener Corrosion Survey Ask three Florida roofing professionals whether fastener corrosion is an issue in the state and you’re likely to get three different answers – or four. Anecdotal evidence abounds about roofing nails showing rust not long after installation or coming off in the first year of a roof install.

To date however, there has been little scientific evidence to indicate whether or not there is a systematic problem. Attempts by FRSA staff in the past couple of years to collect data from its contractors for use by the Florida Building Commission (FBC) have proven unsuccessful. Contractors can be hesitant to go on record about the topic.

In an effort to better understand the issue, FRSA has brought the issue to the FBC which has decided to dedicate state research funds. As a first step in research, the Commission has connected with the University of Florida which is putting together a phone survey for Florida roofing contractors. The initial UF report stated: Anecdotal information indicates that corrosion of fasteners used to secure metal ridge vent system on shingle and tile roofs has been observed across a range of installations, specifically for

electro-galvanized fasteners. ♦♦The problem is significantly more serious in coastal environments due to presence of chloride ions. ♦♦Increased manufacturing of these products outside the United State may be attributing to the problem.

UF has developed questions, in conjunction with FRSA members, that will help the Commission understand how to best move forward with additional research, if any.

We Need You! The surveys will be conducted by telephone in May. If you are contacted by an FBC-sponsored survey company regarding fastener corrosion, please take the ten minutes or so necessary to answer the questions. The survey will be completely anonymous and may result in additional funding from the state to get to the bottom of a question that has been around for at least two decades. Thank you.

–RFM– www.floridaroof.com

21

Todd Page Recognized at BOD Meeting When committee chairs picked up their name badges at the April Board of Directors and Committee meetings, they noticed a pink “Energizer Bunny” sticker on their badges. At the end of Board of Directors meeting, Springer recognized the individual who he felt brought the most energy to the Association during the last year. Todd Page (Johns Manville) received a stuffed Energizer Bunny (pictured right with President Springer).

Continued from page 5

success does not exist in baseball. Its skills don’t always come naturally and must be taught and reinforced. In the course of a long baseball season, batting slumps, extended inning games, lopsided losses and rain delays (thank God for those resulting roof leaks) will put players’ and fans’ virtue to the test.

Respect the Umpire Attitude is everything! Learn to keep your emotions in check. You’re not always going to get the call that you want or think you deserve. In baseball, work and in life, there are so many variables that we can’t control but we can choose to focus our attention on the positive, thus reducing the amount of stress and negativity impacting our lives.

There is No “I” in Team Take the game seriously but don’t take yourself too seriously. It’s important to develop interpersonal skills.

Learning how to communicate and interact with others is crucial for success. Use humor as a coaching tool. Teach your team how to think on their feet and how to work through adversity together. Sacrifices help you achieve as a team, because no single player can do it alone.

Remember that the Important Things in Baseball, as in Life, Happen at Home Family is forever! The people that matter most in our lives love us in spite of the game score. To them it’s not a matter of wins and losses; it’s about how we play the game. They’re not part of today’s damaging culture of front-runners that only want to associate with winnersbasing their relationships on money, accomplishments and status. The most successful people I know don’t get too caught up in their own hype or the praise of those on the band wagon. Being realistic with yourself and others is critical to finding fulfillment in life.

It doesn’t matter whether you’ve played baseball yourself, watch it as a fan or don’t care about the game 22

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April 2014

at all: in life, as in baseball, there are spotlight moments that define you. How you respond in those situations determines how far and how long you make it in the game.

From an outsider’s perspective, baseball may appear to just be a game played on a grassy field but the truth is, there is a lot we can learn from this classic American pastime. These simple life lessons, when put into play, have the potential for “Developing Industry All-Stars!”

president@floridaroof.com

President Springer’s

Extra Innings The Major League season has started, and as always, injuries to the star players is once again dominating the baseball world.

The Brewers are the hottest team in baseball and the Yankees (AKA Bronx Bombers) can’t buy a home run through the first two weeks.

Derek Jeter has passed a few more Hall Of Famers on the all time hits list – in this his last Major league season – with the Yankees.

Hang on for another memorable summer of baseball, and the All Star Game on July 15 in Minnesota; it will be here before you know it.

S.T.A.R. Awards The deadline for submitting S.T.A.R. Awards projects is May 31.

Quickets2Install_HPI_RoofingFlorida.qxp 2/12/14 3:55 PM Page 1

FRSA/TRI Fifth Edition Florida High Wind Concrete and Clay Tile Installation Manual Update It’s been brought to FRSA’s attention that certain information found in the February 2014 issue of ROOFING FLORIDA Magazine (RFM), article “Codes and Technical Services Works for FRSA Members”, Mark Zehnal, CPRC, is being used to promote the immediate use of the FRSA/TRI Florida High Wind Concrete and Clay Tile Installation Manual, Fifth Edition.

What Zehnal wrote about was Florida Administrative Code 61G20-3.015 Equivalence of Standards being used as a means to recognize the FRSA/TRI Florida High Wind Concrete and Clay Tile Installation Manual, Fifth Edition, since the implementation of the 2013 Florida Building Code would be postponed to December 31, 2014. The Florida Building Commission (FBC) approval of the FRSA/TRI Florida High Wind Concrete and Clay Tile Installation Manual, Fifth Edition as an equivalency of standards to the Fourth Edition (December 13, 2013), was the first step in the Equivalency of Standards process.

Once approved by the FBC, the information was required to be posted to the Florida Administrative Register for a 21 day review period. This process was handled by the FBC and did not start until 11 weeks after the December 13, 2013 approval date.

FRSA was recently notified that the Florida Legislature Joint Administrative Procedures Committee, the committee that would review the FBC determination, sent a letter to the Department of Business and Professional Regulation (DBPR) requesting a copy of the manual. This occurred during the 21 day review process, which subsequently stopped the progress of the review.

During the April 17, 2014 FBC meeting, FRSA staff questioned the progress of the Fifth Edition and was told that it’s out of FBC’s control and the FRSA would receive an update at the June 2014 FBC meeting.

For now the FRSA/TRI Florida High Wind Concrete and Clay Roof Tile Installation Manual Fifth Edition is not approved for use.

FRSA will continue to watch the progress of the Fifth Edition Manual through the approval process and will provide members and RFM readers with the latest information.

–RFM–

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