NEWSLETTER - March 2010 - coloradoroofing.org

What's Here...

President's Message

Volunteer for the State Licencing Committee

SEND US YOUR EXAMPLES OF HARM

CRA Government Relations Committee Update

Items to Note: Awards Dinner Winners, Worker Classification Enforcement, Western Roofing EXPO

Community Service CALL FOR VOLUNTEERS

Safety Corner - Free Seminar

NRCA Update

2010 CRA Calendar

Welcome New Members


MEMBERSHIP MEETING NOTICE

"TBA"

Friday, March 26, 2010
11:30 a.m
.

Comfort Inn "Showroom" at the Denver Merchandise Mart - 451 E. 58th Ave (I-25 & 58th Ave)


COLORADO ROOFING ASSOCIATION

1675 Larimer St, Suite 700
P.O. Box 480084
Denver, CO 80248-0084
(303) 892-6966
Fax (303) 892-6322
E-mail: debbie@coloradoroofing.org
Website: www.coloradoroofing.org
Executive Director: Debbie Hathorne
Industrial Expositions, Inc.

2010 CRA OFFICERS
PRESIDENT
Kirk Tiley, Tiley Roofing, Inc.
303-426-7370
VICE PRESIDENT
Dan Zahtila, Black Roofing
303-449-5176
SECRETARY/TREASURER
Dave Rueter, GAF Materials Corp.
303-847-9359
DIRECTORS
Slate Baker
, Allied Building Products
303-296-2222
Curt Boyd, Academy Roofing
303-360-0708
James "J" Bretz, Excel Roofing
303-761-6400
Brad Evans, Advanced Roofing Technologies
970-663-0203
Dave Knight, B.R. McCracken
303-421-8103
Bob Lansford, United Asphalts, Inc.
303-287-5431
Rick Rosendahl, B&M Roofing Of Colorado, Inc.
303-443-5843
Kelly Woods, Roofing Supply of Colorado
303-307-0000
Past President
Chuck Spicer, Bighorn Metalworks
303-287-8220

Mission Statement
"To promote the ethics, education and image of the roofing industry in the State of Colorado through meetings and actions of the members."

The CRA newsletter is open for member input. We encourage you to submit items that will benefit the members, including new technical updates, community service achievements in your local communities, educational seminars/ workshops, etc. (no sales oriented pieces).

Contact the CRA office for more information at 303-892-6966 ext. 2.


2010 CALENDAR

March

Mar 11 - CRA Board Meeting

Mar 24 - TRI Installer Certification Program;
Comfort Inn at Denver
Merchandise Mart. 7:30am - 4:00pm.

March 26 - CRA Membership Luncheon;
Comfort Inn at Denver
Merchandise Mart. 11:30 am.
Topic: "TBA"

March 30 - NRCA "Profitability Through Effective Safety Programs"; JW Marriott Cherry Creek. 8am - 5pm. FREE.

April

Apr 1 - CRA Board Meeting

May

May 6 - CRA Board Meeting

May 21- CRA Membership Luncheon;
Comfort Inn at Denver
Merchandise Mart. 11:30 am.
Topic: TBD

June

Jun 3 - CRA Board Meeting

July

Jul 30 - CRA Membership Luncheon;
Comfort Inn at Denver
Merchandise Mart. 11:30 am.
Topic: TBD

August

Aug 5 - CRA Board Meeting

Aug 20 - CRA GOLF Tournament;
Todd Creek Golf Course, Thornton, CO
7:00 am Shotgun

September

Sep 2 - CRA Board Meeting

October

Oct 7 - CRA Board Meeting

Oct 29 - CRA Membership Luncheon Sponsored by the CRA Safety Committee;
Comfort Inn at Denver
Merchandise Mart. 11:30 am.
Topic: TBD

November

Nov 4 - CRA Board Meeting

Nov 19 - CRA Membership Luncheon & Board Elections;
Comfort Inn at Denver
Merchandise Mart. 11:30 am.
Topic: TBD

December

Dec 2 - CRA Board Meeting


WELCOME New Member(s)

Advanced Roofing Systems, Inc.
3891 W. Rutgers Place
Denver, CO 80236
Ph: 303-842-0285
advancedroofingdenver.net
Roofing Contractor - Res/Com

Gardner Contracting
7575 S. Duquesne Way
Aurora, CO 80016
Ph: 303-332-6224
gardner-contracting.com
Roofing Contractor - Res/Com

Quality Roofing Company
10510 W. 102nd Avenue
Broomfiled, CO 80221
Ph: 303-404-0502
qualityroofingdenver.com
Roofing Contractor - Res/Com

Stellar Roofing & Solar
846 Silverberry Lane
Golden, CO 80401
Ph: 303-495-8752
stellarroof.com
Roofing Contractor - Res/Com

The Roof Works, LLC
355 S. Teller Street #200
Lakewood, CO 80226
Ph: 720-234-4548
theroofworks.com
Roofing Contractor - Res/Com



Congratulations to all the contestants and winners at the Awards Dinner and please start documenting your 2010 Projects of the Year now. It is always inspiring to see the various projects and difficult work we all do day to day.

Well . . . we finally have an article about state licensing or at least a general outline, as we are still in the preliminary stages. I am sure many people new to the concept have questions why members of the CRA and non-members may want to see state licensing. I assume a few of the most important questions may be: why now, how do we implement a state licensing program, and how will it affect me as a contractor, supplier, consumer or someone associated with our industry?

State licensing was something the association valiantly attempted roughly fourteen years ago but to no avail. So why might it work now? The economy, although it hinders us in most aspects, may actually be of assistance in one important area - some of the organizations who opposed the previous attempt may not be as strong as they were during the previous attempt. A second pitfall in the previous attempt was a coalition with other trades and different agendas that slowed down the process. For this go around, the CRA State Licensing Committee has unanimously agreed to focus on the roofing trade only, and yes a CRA State Licensing Committee has been formed.

Another factor providing a significant boost to our cause is the recent storm work. Legislators are not concerned how the roofing industry will benefit from state licensing -they are concerned with how the State of Colorado and its residents will benefit. During the course of this last storm a lot of storm chasers and less than scrupulous people have delved into the roofing business in our state. Some of our preliminary research has shown a massive increase in complaints from consumers regarding poor business practices as determined by the BBB. Also a recent report from the Attorney General has placed roofing as the second most complained about industry. In addition to consumers being taken advantage of, the State of Colorado has lost a significant amount of revenue from the out of state contractor. Both of these factors will hopefully play a huge role in pleading our case for state licensing.

If it is good for Colorado and it is good for its residents, how is it good for the roofing industry? As we all know, roofing is one of the most important aspects in construction yet it seems to be one of the easiest to start a business. It would stand to reason there is a relationship between the ease of starting a roofing business and the poor image of our trade. I would certainly say as a roofing contractor, State Licensing would be an invaluable asset to promote a better image for our industry similar to other state licensed trades such as electrical and plumbing. Colorado has one of the largest per capita of roofing companies in the entire country. State licensing would assist in weeding out some of the non-quality contractors who undercut market pricing and have questionable business practices. It will reduce the amount of out of town contractors who take a significant amount of revenue away from local reputable contractors and the State of Colorado. Theoretically state licensing would give much more credibility to our industry, create a more level playing field, and increase the overall quality of the industry in many aspects. This should translate to more favorable situation for anybody involved with the roofing industry.

The road to state licensing will begin with gathering information and samples of 'harm' to support the need and benefit to the State of Colorado and its consumers. It will also require modifying a sample piece of existing legislation taking into account current state statute, recommendations from other states with roofing state licenses, and the best judgment of the State License Committee. Once this is done, the information will then be taken to DORA, the Dept. of Regulatory Agencies, and a lobbyist will help get the legislation introduced. In all likelihood the legislation will include a waiting period for issuance, a small yearly fee, general roofing and business practice testing, and possibly a continuing education requirement.

I realize state licensing will not solve all or even a majority of the problems in our industry but I think it is a step in the right direction. I would also like to say our goal is not to reduce competition, it is to reduce illegitimate competition of companies not interested in providing a good service and more interested in a quick buck. The road to state licensing will be long and arduous but I think it is one worth taking. I would like to thank the CRA State Licensing Committee in advance for their willingness to move forward with such a monumental goal and encourage anyone else to get involved if they are willing. One way to get involved would be submitting examples of harm -- any roofing horror stories of consumers being taken advantage of or other examples that would strengthen our cause. Please forward your stories to the CRA at debbie@coloradoroofing.org or fax to 303-892-6322.

Kirk Tiley
Tiley Roofing, Inc.
CRA President


2010 Industry
Leader Sponsors

2010 Level 2
Silver Sponsors
ABC Supply Co.
Academy Roofing, Inc.
Advanced Roofing Technologies
Allied Building Products
American Roofing Supply
Arapahoe Roofing
Atlas Roofing Corp.
Black Roofing, Inc.
Boulder Roofing, Inc.
D & D Roofing, Inc.
Fowler & Peth
Front Range Roofing Systems
J & K Roofing
Mathieson Roofing
Moody Insurance Agency
Pacific Supply
Pinnacol Assurance
Statewide Wholesale
Tamko Building Products
Tiley Roofing, Inc.
Weather Guard Building Products
W.R. Grace & Co.
B&M Roofing of Colorado
B.R. McCracken & Co.
Certainteed
Clark Rheem & Associates, Inc.
Cleasby Manufacturing
Georgia Pacific
Johns Manville
MonierLifetile
Premium Panels
Western Roofing Inc.


CRA State Licensing Committee Formed.

Are you passionate about Colorado having State Licensing for the Roofing Industry?

As noted in the President's message above, a CRA State Licensing Committee has been formed and is meeting. We welcome anyone who is interested in participating on the committee to volunteer. We will need all the help we can get! To volunteer just call 303-892-6966, ext. 2 or email Debbie at the CRA office.

Examples of Harm

Another way that members can help is by providing us with examples or "Proof of Harm." A key component of obtaining a new state law is to convince the State Legislature that consumers are being harmed and that regulation of the roofing trade is needed.

Proof of Harm is evidence of problems or harm to the public. Have you come into contact with or heard of stories from homeowners and building owners where regulation of the roofing trade would have helped. Misrepresentation, roof left incomplete, billing/customer service issues, use of defective product, inferior workmanship, misleading sales tactics, etc. We are looking for examples from all areas of Colorado (Front Range, Western Slope, Mountains, etc.).

Please send us your examples of situations which you know about and feel harmed the public and could have been prevented by this type of legislation. All we need is a short and accurate written summary. Please fax or email to:

Fax: 303-892-6322

Email: debbie@coloradoroofing.org


Legislative Update

HB10-1162, the Retainage Reform legislation, passed out of the House Business Affairs Committee on March 3rd and is headed to appropriations for review. There continues to be disagreement regarding government involvement in contract documents, with House Republicans wanting to stay out of the mix. Hence, the party-line vote with 6 committee members in favor and 4 opposed.

Thank you to all of our CRA members who wrote in with real-life stories of how retainage affects your business. That kind of information is invaluable and I appreciate the time out of your day to help with this effort.

HB10-1012, the Surveillance Regulation bill was laid over in the House until today, 3/5. Pinnacol is OPPOSED!
This bill sets an unreasonably high standard for conducting surveillance and allows a judge broad discretion in dismissing evidence that is collected through surveillance. Surveillance is a valuable tool that is needed by workers' comp carriers to collect facts to support and manage insurance claims. The only people who benefit from this bill are those who are engaged in fraudulent activities.

As the status of any given bill changes daily, please remember that you can always go to the Colorado General Assembly home page to review language and monitor progress through the system. If you're not signed up for Pinnacol's legislative site yet, go to their home page and click on the 'Legislative Action Network' link for up to date information pertaining to worker's compensation bills.

It is both easier and more important than ever to contact our representatives these days. Please take the time when called upon to share your concerns and voice your opinions. Lawmakers must hear from the people that the laws will effect throughout the session, not just on Election Day. Thanks for taking part in this important aspect of your CRA membership.

CRA Government Relations Co-Chairs
Amy Hawkins, Boulder Roofing, Ph: 303.443.4646 / Email: amy@boulderroof.com

David Hite, Flood & Petersen Insurance, Ph: 720.977.6007 / Email: david.hite@fpinsurance.com
Rick Rosendahl, B&M Roofing of Colorado, Ph: 303.443.5843 / Email: rrosendahl@bmroofing.com


CRA ITEMS TO NOTE

Award Winners, Misclassification of Employees a Hot Topic, Western Roofing Expo

CRA Awards Dinner - A Success.

We had another great Awards Dinner on February 18th with over 330 members in attendance and 18 job nominations submitted. Please join me in congratulating our winners.

Terry LaVelle- Lifetime Achievment Award Winner.

Job of the Year - Under $100,000
1st - Academy Roofing- Roxborough State Park Visitors Center
2nd - Bighorn Metalworks - 5th & Jackson Duplex

Job of the Year - $100,001 to $350,000
1st - Boulder Roofing - Rustic Trail
2nd - The Roofing Company - Srednicki Residence

Job of the Year - $350,001 to $750,000
1st - Tiley Roofing, Inc. - New Old Faithful Visitor Education Building
2nd -Arapahoe Roofing - Boulder Public Library

Job of the Year - Over $750,001
1st - Black Roofing - Denver Art Museum - Hamilton Addition
2nd - Arapahoe Roofing - Pueblo Union Depot

April's newsletter will feature photos and a detailed recap of this night of celebrating the best of Colorado's roofing industry. Be sure to check back next month.

Congratulations to all our Winners!

Misclassification of Employees a Hot Topic for both the DOL & IRS in 2010!

Following are two news stories we came across last month regarding misclassification of employees.

Department of Labor to Add Inspectors and Staff
Secretary of Labor Hilda Solis is on record as having noted that the Department of Labor's priorities for the 2011 fiscal year would focus on protecting workers' rights, expanding the agency's role in enforcing those rights, ensuring that workers are aware of and have equal access to DOL programs, and maintaining department transparency with the public.

To assist with implementing these priorities, the Secretary also noted that an additional 177 inspectors, investigators and other staff would be hired. Among the additional 177 people to be added to the DOL's staff are 90 enforcement personnel to serve the Wage and Hour Division. The Wage and Hour Division will have a particular focus on curbing misclassification of employees, which occurs when an employer improperly classifies an employee as an independent contractor.

Also among the additional 177 people to be added to the DOL's staff are 60 enforcement personnel to be placed with the Occupational Health and Safety Administration. These 60 additional enforcement personnel coupled with the 192 enforcement personnel to be added by the end of the 2010 fiscal year will result in an increased amount of federal OSHA inspections. Source: HPSF Construction Law Update, 2/26/10.

Employee misclassification tops enforcement list in 2010
In 2010, employers can expect an unprecedented increase in enforcement efforts targeting employees misclassified as Form 1099 independent contractors. Attention to this issue has been growing in recent years. However, with state and federal budget deficits now headlining the news, and cash-strapped governments aggressively searching for unrealized tax revenue, the time is right for this nagging issue to become a major headache for employers. The IRS recently announced that in February 2010, it would begin a national audit targeting up to 6,000 employers, with the goal of quantifying the revenue shortfalls created by misclassification of employees. Two-hundred auditors have already begun training to staff this new program. Furthermore, the Department of Labor’s Wage and Hour Division and twenty-nine states have signed up to collaborate with the IRS and share the results of their own misclassification-related audits.

In addition to increased tax revenue, state and federal agencies are also seeking significant penalties from employers who have misclassified their workers. On December 10, 2009, the Illinois Department of Labor (IDOL) announced that it had imposed a $328,500 civil penalty against a first-time offender. IDOL assessed penalties of $1,500 per day for 218 days of alleged misclassification and an additional fine of $1,500 for the company’s failure to maintain proper records on the misclassified employees. New York also reported recently that it had uncovered 12,300 instances of misclassification in 2009. The fines and penalties imposed on those employers totaled nearly $6 million. With even more enforcement efforts slated for 2010, more such penalties are likely to follow. Source: Holme Roberts & Owen LLP, 2/19/10.

Register Now for the Western Roofing Expo 2010

WSRCA is proud to announce that they will be back in Las Vegas for the 36th Annual Western Roofing Expo 2010. The Expo will take place on June 20-23, 2010 at the wonderful Paris-Las Vegas Hotel & Casino. Click here to REGISTER ONLINE FOR THE SHOW! You can also download a copy of the Advance Registration Brochure, and register at your own convenience.


Community Service - Rebuilding Together 2010 Project

Call for Volunteers. . .

We need your help! Community service remains a top priority for the Colorado Roofing Association and it's the time of year again when the CRA gives back to our community through the Rebuilding Together program. For over 10 years CRA member contractors, material wholesalers, and manufacturers have been donating labor and materials for roofing and gutter repairs to those who could otherwise not afford to have the work done. The CRA is consistently recognized by Rebuilding Together as the largest in-kind gifter to their association.

Roofing Contractors Commitment:

  • Contractors go to the site and provide the scope of work and materials needed to complete a job.
  • Roofing crews volunteer time and labor to tear off and install the roof two or three weeks before the Rebuilding Together day, which is normally held the last weekend of April.

Gutter Commitment:

  • Gutter Contractors to provide gutters and volunteer time/labor for installation. Roofing contractors will install the underlayment and drip edge.

Suppliers and Manufacturers:

  • Manufacturers and Suppliers donate materials (i.e. shingles, tar paper, plywood, rvs, pipe jacks, nails etc.).
  • Suppliers load the materials (either donated by themselves or manufacturers) on each job site.

Rebuilding Together is a 501-C3 charity, so any donations are tax deductible.

If your company is able to donate labor or materials, please contact Chuck Spicer our Committee Chair by email or by phone at 303-287-8220.


Safety Corner

FREE Safety Seminar: "Profitability Through Effective Safety Programs," March 30

NRCA's "Profitability Through Effective Safety Programs" is a free daylong program that focuses on a safety program's critical elements that can reduce injuries, sustain a productive work force and increase profitability. The seminar is being held at the JW Marriott in Cherry Creek on March 30, 2010 from 8am to 5pm. Click here to register.

Back to the Basics: Proper Techniques to Prevent Back Injuries

Lifting, reaching, bending, pushing, pulling - these simple functions can put employees at risk for back injuries if done improperly. In addition, back injuries can occur when employees are working in the cold, using a computer for extended periods or standing for long periods without a break. Slips and falls are also common causes of back injuries. The good news is that back injuries are very preventable.

All industries, especially roofing, have employees who are at risk. Here are some ways employees can avoid back injuries:

Workstations

  • Provide adjustable workstations and fit the workspace to the employee.
  • Design computer workstations and accompanying keyboards that encourage a natural posture.

Lifting

  • Do not carry loads that are too heavy. Know your weight limits.
  • Keep heavy materials close to the work area.
  • Ensure that items to be lifted are stored at a level that is between hand and shoulder height.
  • Avoid twisting your body when lifting materials.
  • Lift with your legs, not your back.

Standing

  • Encourage employees to wear shoe insoles that cushion the foot.
  • Provide cushioned floor mats at workstations.
  • Offer sit/stand stools and foot rests so employees can shift their posture.

Reaching/awkward posture

  • Place needed tools or other items in front of employees, below shoulder height and as close to the employee as possible.
  • Position items for the shortest arm reach to avoid over-stretching while reaching up or down.
  • Position shared items to accommodate both taller and shorter employees.


Pushing/pulling

  • Do not push or pull loads that are too heavy. Again, know your weight limits.
  • Ensure carts, dollies and hampers are in proper working order with wheels that run straight and smoothly.
  • Push/pull items along a straight path. Avoid turns, stairs, doors and inclines (if possible).
  • Clear all pathways of debris and ensure they have dry, even surfaces.

General

  • Provide regular break periods and encourage employees to stretch.
  • Rotate employees to tasks that require different body movements.
  • Regularly remind employees of safe working procedures. Conduct new hire training, as well as regularly scheduled safety training.

Source: Pinnacol Assurance.


ITEMS TO NOTE . . . FROM ACROSS THE NATION

Industry's outlook … NRCA has a good deal of data available, some good and more not so good. For example:

  • A survey conducted by the Associated General Contractors of its members found 88 percent don't expect overall business conditions to improve until at least 2011. And 81 percent said they cut profit margins for their 2009 bids.
  • The American Institute of Architects' Billing Index, which measures the difference between the number of architecture firms that report higher or lower billings compared with the prior month, climbed to 43.4 in December 2009, the 23rd straight month it was below the break-even point of 50.
  • McGraw-Hill Construction reported a 26 percent decline in construction starts in 2009, the steepest drop in at least 40 years. The company says housing and public works sectors will improve in 2010, but commercial and institutional building activity will remain weak.
  • On a more positive note, Reed Construction Data reports the volume of nonresidential construction activity is expected to expand this year; its expansion index is based on actual projects in planning and under construction. Best sectors, according to Reed Construction Data, will be retail, hospitals and schools.

As usual, there is quite a bit to report from Washington, D.C. The recent election of Republican Scott Brown to the Senate from Massachusetts, coupled with the announcement by Sen. Evan Bayh (D-Ind.) that he will not seek re-election this year, has made the political environment even hazier. And that will make it extremely difficult for major new legislation-health care, climate change and immigration reform-to get the votes needed for passage.

Meanwhile, the business community scored a victory when the Senate failed to confirm Craig Becker, who had been nominated for a term on the National Labor Relations Board. Becker has written about how the board should be more active by implementing certain provisions of the "card check" bill through administrative action, for example. President Obama, however, has not ruled out the possibility of making a "recess appointment" for Becker-effectively bypassing the need for Senate approval.

The U.S. Chamber of Commerce has announced it will challenge, in court, the "endangerment finding" issued by the Environmental Protection Agency. The finding held that greenhouse gas emissions pose a threat to public health. The chamber's suit is based on procedural issues rather than scientific or environmental issues.

One bill NRCA does expect to see passed this year is some form of resolution to the issue of estate taxes. Presently, there is no tax (at all) on estates; the current tax expired at the end of 2009. However, it will revert to prior levels-55 percent tax rate with a $1 million exemption-beginning next year if nothing is done. NRCA expects to see some sort of compromise emerge-a tax rate of 35 to 45 percent with an exemption of $3 million to $5 million-made retroactive to Jan. 1.

And NRCA continues to work with a coalition of trade associations, labor unions and others to support "Building Star," a short-term program of rebates and tax incentives aimed at creating jobs through energy-efficient upgrades to commercial and multifamily buildings. The bill would provide a rebate of 80 cents per square foot for roof system retrofits that achieve R-values significantly higher than required by building codes and would shorten the depreciation time for nonresidential roofs from 39 years to 20 years. The president, after all, declared "insulation is sexy."

There has been a good deal of activity within NRCA committees concerning how to position the association with regard to rooftop photovoltaic (PV) system installations. There is emerging consensus that NRCA needs to inform, educate and advocate while taking a leadership role for the roofing industry. They are doing that in several ways:

  • NRCA has published a manual addressing rooftop PV system installation for roofing contractors and will be publishing a similar manual for building owners.
  • NRCA is working with the Center for Environmental Innovation in Roofing to develop a certification program for individuals responsible for installing rooftop PV systems; the program details will be finalized this summer, and certification examinations will be offered by the end of this year.
  • NRCA has developed a series of five one-day educational programs that provide the latest information about rooftop PV systems, entitled "Rooftop Photovoltaics: Energizing Your Business."
The programs will be offered in:
Chicago, April 8
Los Angeles, April 13
Raleigh, N.C., April 29
Philadelphia, May 5
Dallas, May 27

And one more new, related publication from NRCA is A Roofing Professional's Guide to LEED,® which describes how the LEED system works, how points can be earned with roof systems and how LEED credentials are developed.

NRCA University offers FREE safety program in Denver on March 30

Profitability Through Effective Safety Programs is a free daylong program that focuses on a safety program's critical elements that can reduce injuries, sustain a productive work force and increase profitability. Click here for full story.

NRCA posts PV position paper

NRCA has made available online a position paper regarding proper installation of photovoltaic (PV) roof systems. Click here for full story.

Source: NRCA.NET


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