NPBA December 2011 Newsletter

The NPBA Board of Directors and Staff would

like to wish you a Holiday

Season filled with

Love, Joy and

Laughter!

Mission StatementThe North Peninsula Building Association

represents builders and associates of the building industry. We advocate constant improvement of

building and business practices to provide quality construction in our community.

Vol. 4, Issue 12 www.npba.info 360-452-8160 PO Box 748 • 3430 E. Highway 101, Ste. #1, Port Angeles, WA 98362 December 2011

Renovation, Repair and Painting RuleBy Annie O’Rourke, Drafting Solutions

Did you know that 51 percent of the hous-ing stock in Clallam County was built before 1978? But the real question is — what con-cern is that of the local contractor?

Several years ago Congress gave EPA the power to craft a “rule,” titled the Renova-tion, Repair and Painting Final Rule, with the force of law that prescribes safeguards and limits certain remodeling practices in hous-ing built prior to 1978. In this rule, the EPA

lays out the requirements of how renovation should happen in homes and child care facili-ties with the possibility of lead paints, stains or varnishes.

The purpose of this regulation is to inform owners and occupants in target housing and child-occupied facilities of lead-based paint hazards before renovation begins and to en-sure that individuals performing the reno-vations are properly trained in appropriate work practices.

As a result of this regulation, all contractors

or individuals working in the target housing shall be Certified Renovators and shall work in a Certified Firm. The rule imposes stiff fines should contractors be caught not certi-fied or not following the rule as they renovate a property.

Are you a painter? Do you power wash structures, maybe do clean-up after a fire or flood? Or what about a simple addition or re-model or are you someone who specializes in energy upgrades? All these examples may be subject to the rule and therefore would need

to be carried out by Certified Renovators.The NPBA is an approved training partner

of the National Center for Healthy Houses (NCHH) and teaches the Certified Renovator classes locally under NCHH’s EPA accredita-tion. The next class will take place on Jan. 31. Contact FaLeana Wech at 452-8160 or [email protected] if you recognize the need to add this certification to your employees’ training schedule.

Is a $37,500 fine enough impetus to be-come certified?

NPBA Education Committee presents series

of marketing classesDo you want to learn how to get more out of

your marketing in 2012?Then plan to attend this four-part series of class-

es offered by the NPBA in January and February at the Lincoln Center in Port Angeles.

These classes will show you how to work smarter, not harder. Discover the absolute minimum you need to build your business in the 21st century and how you can leverage your offline and online mar-keting to get more from your investment of time and money.

Learn the steps in developing a complete online marketing campaign, including effective keyword and niche selection; domain name secrets, e-mail marketing techniques; website and search engine optimization; social media for small businesses with a focus on Facebook and how to use your marketing dollars efficiently and effectively; and how to measure your success.

Classes 1-3 will be taught by Carolyn E. Cooper of Carolyn E. Cooper Communications. Cooper’s firm offers strategic Internet marketing informa-tion, solutions, courses and products for small businesses.

Class 4 will be taught by Donna Knifsend of Law-suit Prevention and Management. Knifsend is the CEO and founder of Lawsuit Prevention and Man-agement. In addition to her practice, she teaches legal courses at Peninsula College.

■ Class 1: Jan. 18, 1-5 p.m.Intro and Absolute Minimum Marketing for

Business in the 21st Century

■ Class 2: Jan. 25, 1-5 p.m.Getting Found: Search Engine Optimization and

Social Media

■ Class 3: Feb. 1, 1-5 p.m.Your Website and Your Marketing Plan

■ Class 4: Week of Feb. 6, Date TBDSocial Media Awareness and Protections

To register for these classes, contact FaLeana at the NPBA office at 452-8160 or e-mail [email protected]. Registration forms also are available for download at NPBA.info.

Beginning on Jan. 31, 2012, all employers with more than $500,000 in annual gross business volume, including home builders and remodelers, will be required to post an official notice advis-ing employees of their collective bargaining rights under the Nation-al Labor Relations Act.

The law applies to all companies that meet the gross business volume threshold, including those who have non-union shops or whose business is located in a right-to-work state. According to the Na-tional Labor Relations Board (NLRB), the no-tice must be 11 inches by 17 inches (which may consist of two 8½-inch by 11-inch sheets taped together) and displayed in a conspicuous loca-tion where other work-place notices are regu-larly posted.

Companies can download instructions and notification post-ers, available in more than 20 languages, free of charge from the NLRB website at www.nlrb.gov/poster. A company that does not display the re-quired poster as of Jan. 31, 2012, may be subject to an unfair labor practices complaint.

For more information on the requirements, please visit the NLRB website.

Vol. 4, Issue 12 December 2011

Employee Rights Under the National Labor Relations Act

The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace.

Under the NLRA, you have the right to: Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.

Form, join or assist a union. Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.

Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.

Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union. Strike and picket, depending on the purpose or means of the strike or the picketing. Choose not to do any of these activities, including joining or remaining a member of a union.

Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency’s Web site: http://www.nlrb.gov.

You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing impaired.

If you do not speak or understand English well, you may obtain a translation of this notice from the NLRB’s Web site or by calling the toll-free numbers listed above.

Under the NLRA, it is illegal for your employer to: Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.

Question you about your union support or activities in a manner that discourages you from engaging in that activity.

Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.

Threaten to close your workplace if workers choose a union to represent them. Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.

Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.

Spy on or videotape peaceful union activities and gatherings or pretend to do so.

Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:

Threaten or coerce you in order to gain your support for the union. Refuse to process a grievance because you have criticized union officials or because you are not a member of the union.

Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.

Cause or attempt to cause an employer to discriminate against you because of your union-related activity.

Take adverse action against you because you have not joined or do not support the union.

If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.

* The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).

This is an official Government Notice and must not be defaced by anyone.SEPTEMBER 2011

Employee collective bargaining rights posting

Winter Hours: 8 am -5 pm, 7 days a week

start right start here.com

Port Hadlock • 901 Ness Corner Rd. • 360-385-1771

®

Committee members sought!The NPBA is seeking members who would like to be involved with our many different com-mittees. If you are interested in helping, call FaLeana at 452-8160 for more information.

L&I Backs Off of Proposed 2.5% Rate Increase

In a bit of positive news for businesses mov-ing into 2012, L&I Director Judy Schurke an-nounced that she had withdrawn her proposal to raise overall L&I rates by 2.5%.

According to Schurke, her decision was based upon recent positive trends in Work-ers’ Compensation claims as well as compel-ling testimony from hundreds of small busi-ness owners (including BIAW members) from around the state. BIAW, members and other business owners sent a clear message that even a small increase would be yet another devastat-ing blow to companies struggling to survive.

You may recall that the proposed 2.5% in-crease was not necessary to maintain the solvency of the state fund, but was intended to build up a contingency reserve fund. Busi-nesses argued among other things, that re-serve funds should be built up during good times for use in tough times, not the other way around.

Workers should also rest assured that no claim will go unpaid and no benefit will be reduced as a result of L&I’s decision to keep

rates as they are. In fact, it’s likely that many jobs around the state were saved as a result of yesterday’s decision.

It is important for BIAW members to note that despite maintaining overall rates at 2011 levels, 2012 L&I rates will still change for many businesses. Most construction risk classes will now have smaller increases than originally proposed. Your business may see a rate increase or decrease depending upon your company’s individual experience fac-tor, for example. In addition, the risk classi-fication under which your company reports hours worked may see an increase or decrease in rates, depending on the loss experience of the class. Your company should receive a pre-liminary rate notice from L&I later this month indicating your 2012 rates.

In case you were wondering, BIAW will continue to push for more reforms to the L&I system in Washington. Even with no rate in-crease for 2012, our workers’ compensation system is still among the most expensive and least efficient in the nation.

Vol. 4, Issue 12 December 2011

Calendar of events:JanuaryJan. 14 NPBA Board of Directors Annual Planning MeetingJan. 18 Intro and Absolute Minimum Marketing for Business in the 21st CenturyJan. 25 Getting Found: SEO Optimization and Social Media Jan. 26 NPBA General Membership Meeting Jan. 31 EPA Certified Lead Renovator

FebruaryFeb. 1 Your Website and Your Marketing PlanFeb. 8 Social Media Awareness and ProtectionsFeb. 9 NPBA Board of Directors MeetingFeb. TBD General Membership Meeting & Bowling Tournament

Membership Directory updatesIt’s that time of the year again to update the NPBA Membership Directory. The Directory Committee has been hard at work to roll out an improved 2012 Membership Directory. The updates will be take place electronically so please be sure to respond to the e-mail when you see it. Thank you to Donna Pacheco of Lumber Traders and Trina Stern of by Design Group for helping the NPBA with this effort!

Donna L. Knifsend

DearDonna

Dear Donna:I use my written proposal as my contract.

Am I legally protected if I have to go into court for payment?

Dear Member:It is difficult to say whether or not you are le-

gally protected because I have not seen a copy of your bid proposal. While it is true that ver-bal agreements can be enforced in court, there are L & I requirements that may be required in order to lien the project and/or pursue legal action.

Additionally, L & I has specific disclosures and admonitions that must be given to the consumer in certain circumstances that may create violations of the contractor duties not-withstanding the ability to enforce a contract in court.

For example, my last column discussed that work of improvement in excess of $1,000 for

residential properties requires a special written disclosure to the consumer. I strongly recom-mend that you have an attorney review your proposal for compliance and make sure that it protects you should the project turn sour.

Food for thought on the subject: Often writ-ten proposals turn into a nightmare because with an oral contract it is a he-said, she-said rendition of the terms. With a written contract that is clear and carefully drafted, the terms are firm but performance may be at issue. With a document that attempts to serve two purposes, the parties often wind-up half-pregnant be-cause the terms, perceptions and performance issues are rarely clear.

If you use a bid/proposal as your contract, be sure that you supplement the proposal with proper work or change orders in writing and signed by all parties before you do the work so that you have a solid foundation if you need assistance in resolving disputes.

Finally, I recommend that you attend the educational programs that NPBA is schedul-ing for its members (and nonmembers) this year that will include various subjects such as fundamentals of contracts, getting paid, social media considerations, etc.

Disclaimer: The advice given herein is strictly for informational purposes only and does not reflect advice to the readers. If you have a legal issue, see an attorney for full evaluation and ad-vice.

Vol. 4, Issue 12 December 2011

President: Rick Gross, Estes Builders, LLCImmediate Past President: Tracy Gudgel,

Zenovic and Associates Secretary: Donna Knifsend, Lawsuit

Prevention & Management Life Director: Bill Roberds, Excel Utility

ConstructionTreasurer: Teri Ward, First Federal1st Vice President: Garrett DelaBarre,

DelaBarre Construction2nd Vice President: Bill Feeley, Feeley

ConstructionBuilder Directors: Alex Anderson, Alex

Anderson Concrete; Bill Feeley, Feeley Construction; Larry Hanna, L.P. Hanna Construction; Jac Osborn, by Design Group

Associate Directors: Roger Wheeler, RJ Services; Dan Donovan, Allform Welding; Jim Strong

State Directors: Mark Smith; Kevin Russell, Clawson Construction; Garrett DelaBarre, DelaBarre Construction; Scott Schwagler, J&J Construction of PA; Rick Gross, Estes Builders, LLC

Executive Officer: FaLeana WechFuture Builders Construction

Superintendent: Troy Belbin

2011 OffiCerS and BOard Of direCtOrS

QUESTION: Section 503.10.1 of the 2009 WSEC states that ducts cannot displace required insulation.

Does this section of the WSEC prohibit the installation of register boots through floor insulation and supply and return plenums through garage walls?

ANSWER: No. The intent of this section is to prohibit duct runs in uninsulated exterior wall cavities

in multi-story structures. This application results in heat loss to the exterior through the uninsulated wall cavity. In addition, ducts themselves typically are uninsulated, resulting in additional heat loss and potential damage to exterior cladding. Penetrations of floor insulation for supply registers and plenum penetrations between a garage and the house are acceptable practice.

CODE CORNERClallam and Jefferson County, Port Angeles, Port Townsend,

Sequim, Juan de Fuca Chapter of ICC

Thanks!NPBA would like to thank the following companies

for their continued support:Allform WeldingBlake Tile & StoneD & H EnterprisesD & K PaintingEden ExcavatingFerrellgas

Olympic SpringsSequim ElectricSequim GazetteThurman SupplyVennetti Custom Rockeries

March 31-April 1, 2012It’s not too late!

If you would like to participate, please contact the NPBA office at 452-8160, email [email protected] or download a

form at NPBA.info. We look forward to seeing you there!

Have you registered for Expo?