NEWSLETTER - October 2008 - coloradoroofing.org

Congratulations all on surviving another summer! As difficult as the roofing market has been, we as an association still managed to gift to our community more in charitable roofing labor and material than ever before. For years, the CRA has partnered with Rebuilding Together-Metro Denver to repair the roofs and gutters for prequalified individuals who otherwise could not afford to have the work done. This year 29 companies participated in supplying the materials and repairing or replacing 35 roofs and gutter systems. Additionally, the Brent's Place project combined the efforts of more than 20 manufacturers, suppliers and contractors in gifting an entire roof system. Brent's Place was a particular challenge due to the variety of work involved in the project. Volunteering contractors were assigned specific areas of work including; supervision, dry-in, asphalt shingles, EPDM flat roofs, deck pavers, architectural sheet metal flashing and fascia wrap and gutters and downspouts. All material was graciously donated for the project as well. All told, our association donated over $300,000 in materials and labor this summer, an unbelievable amount especially given the economic downturn we are experiencing. Speaking of the economy, the topic of the day is obviously the massive banking failures that occurred last week. Yesterday congress was unable to pass a rescue bill. Then like good legislators tend to do, blamed each other then went on recess (read: vacation). I am having a hard time getting my hands around how big this problem is, but what I do know is that, if banks don't have money to loan, people can't get mortgages and developers can't finance commercial projects. I am definitely a believer in free markets, but in this case my opinion is that we need some type of short term government involvement to mitigate. This is painful for me because, in my opinion, there is nothing the government can do better than the private sector and this bailout will no doubt be filled with waste and corruption. In the end, I have to believe the amount of money that the tax payers will be on the hook for will be less that the 700 billion dollar figure that has been thrown around. Once the assets are eventually sold, a good portion of the bailout money should be recovered. I am a believer in the American capitalist system and those of you who are business owners also must be or you wouldn't exist. Like other crisis' our nation has faced, this too shall pass. Hopefully today's pain will bring tomorrow's prosperity for our businesses and our families. Chuck Spicer Bighorn Metalworks CRA President

2008 Industry Leader Sponsors		2008 Level 2 Silver Sponsors
ABC Supply Co. Academy Roofing, Inc. Allied Building Products American Roofing Supply, Inc. Arapahoe Roofing Black Roofing, Inc. Boulder Roofing, Inc. D&D Roofing, Inc. Fowler & Peth Front Range Roofing Systems	Moody Insurance Agency Pacific Supply Pinnacol Assurance Source Products Group Statewide Wholesale Tamko Building Products Weather Guard Building Products W.R. Grace & Co.	Atlas Roofing Corp. Atlas Roofing - Ft. Collins B.R. McCracken & Co. Clark Rheem & Associates, Inc. Cleasby Manufacturing Hunter Panels IB Roof Systems Johns Manville Monier Lifetile OMG, Inc. Roof Express

Legislative Update This November's ballot is going to be one of the largest in Colorado history. With 14 initiatives, more than any ballot since 1912, and a presidential race to boot, lines will be long and discussions continue to be heated. I'd like to focus here on business-oriented Amendments 53, 55, 56 & 57 and recommend a NO vote on all of them. By all accounts, these four amendments were initiated and supported by labor groups in direct response to Amendments 47 & 49, which unions oppose. Amendment 47 is the so-called 'right-to-work' measure that would require workers who are covered by collective bargaining agreements to pay at least some union dues. Amendment 49 would bar governments in Colorado from deducting union dues, or money for any other special interest groups, directly from workers' paychecks. Support and opposition groups argue over the necessity of 47 & 49. Some say there's no need for the proposed changes because the Colorado Labor Peace Act has been working just fine since enacted in 1943. Others say that was true until a gubernatorial executive order last fall granted collective bargaining rights to state employees. That discussion gets too deep for me to make a recommendation either way. Due diligence on the voter's part is necessary here as opposed to looking at an ad with a picture of a fireman saying he won't be able to do his job if either passes. In the past couple of weeks, negotiations have been ongoing between business and labor groups in the hopes of pulling at least some of these amendments off the ballot prior to the October 2nd deadline. Union leaders first said, we'll pull ours if you pull yours. Backers of 47 & 49 refused to do so. Next came the offer to pull 53,55, 56 & 57 if business groups agreed to help finance a 'NO ON 47, 49 & 54' campaign to the tune of about $5 million. At press time, no deal had been reached. Call me politically cynical, but in my mind any constitutional amendments that have been written and promoted largely to be used as bargaining tools to get others off the ballot cannot be seen as 'in the best interests of the citizens of Colorado'. Hence my recommendation to vote NO! If no deal is reached and these amendments remain on the ballot, here's what you should know. Perhaps in order of most heinous... Amendment 56: Would require employers with 20 or more workers to provide health care coverage for workers. Mandates 'major medical' coverage with employer paying 80% of employee and 70% of dependent premiums. Doesn't differentiate between part-time and full-time employees. Doesn't address waiting periods. Doesn't address what happens if you have better coverage than 'major medical' plan already in place. Most importantly DOESN"T ADDRESS THE SKYROCKETING COST OF HEALTH INSURANCE ITSELF! A big NO!!!! Amendment 57: Promoted as the 'Safe Workplace' Initiative, this would require employers to maintain a 'safe and healthy workplace' and would allow an employee to sue for damages in addition to any settlements from the workers compensation system. Considered to be double-dipping for employees and great news for trial lawyers, this vague proposal does not define 'safe & healthy' yet sounds deceptively simple to the average Joe. Another NO! Amendment 55: The 'Just Cause' amendment would require an employer to provide a reason for firing a worker and mandates acceptable reasons - that don't include a business downturn. If an employer doesn't have work for someone and lets the employee go, the employee can get his job back with back pay and attorneys fees to boot if this goes through. Considering the current state of the economy and with other initiatives sure to produce said 'downturn', an employer will certainly think twice about either moving to Colorado to run their business or continuing to employ people as 'employees' at all! Need I say it? NO. Amendment 53: Would impose tougher sanctions for fraud committed by businesses. Currently in Colorado, executives can be prosecuted for illegal conduct performed on behalf of a business and, in some cases, for failure to perform a legal duty. Amendment 53 extends criminal accountability to business executives who were aware of their business's failure to perform a legal duty. Amendment 53 applies to an officer, director, managing partner, managing member, or sole proprietor of a for-profit business or nonprofit entity. While this amendment doesn't sound quite so bad, with my guilt by association and bargaining chip theories, I'd recommend a NO vote here as well. While it's tough to discuss politics with people sometimes these days, I'd encourage communication with friends, employees, family and your local newspaper about these particular amendments. Passage of any of them could change the landscape of small business in Colorado as we know it. Amy Hawkins CRA Government Relations Chair 303.443.4646 - amy@boulderroof.com P.S. APPEALS COURT UPHOLDS ARIZONA IMMIGRATION LAW On Wednesday, September 17th, the 9th US Circuit Court of Appeals upheld the Arizona Employer Sanctions law, thereby essentially repeating the ruling of a federal judge from last December. A three-judge panel noted that it is proper for state governments to use licensing laws and enact sanctions for employers who hire illegal workers. The court agreed with lawyers for the state who argued that while federal law prevents states from imposing civil or criminal penalties against businesses, it does not prohibit the states from using licensing actions against violators of immigration law. This ruling will effectively make it harder for anyone to argue that crafting immigration law is a job that rests solely in the hands of the federal government.

NRCA Update What can be made of the mess in the financial markets? Although no one can be sure, the short-term effect can't be favorable. Lenders will be more careful, and building owners will be more risk-averse; it makes sense for roofing contractors to be more cautious in their 2009 budgeting. And yet there are a few silver linings among all these dark clouds. Housing construction continues to fall, which will help eat up the glut of inventory on the market today. The cycle, inevitably, will change. The falling price of oil should at least alleviate some of the price pressures on manufacturers. And prices of commodities we use commonly in roofing-steel, copper and aluminum-are falling, as well. Roofing 101, NRCA's first effort at online learning, continues to get excellent feedback. They are learning that a primary audience for the seminar is the office staffs: administrative assistants, bookkeepers, IT specialists and others who benefit greatly from knowing some roofing fundamentals. The program is accessible through NRCA's Web site, www.nrca.net. In Washington, D.C., this month, most elected officials are facing re-election challenges next month and are unlikely to take up any major new legislation. However, there are some issues still important to NRCA that continue. One is health care, and NRCA Vice President Jim Eckstein, from Cincinnati, testified in September before the House Small Business Committee about the challenges faced by small businesses in providing quality health care to their employees. Also, NRCA is monitoring the Department of Homeland Security to see whether it intends to issue a final rule on its No-Match Letter regulations. The department issued a Supplemental Proposed Rule earlier this year. If the department does issue a final rule, it will be necessary for a federal appeals court judge to lift an injunction on the original rule before the final one can be implemented. NRCA opposed the original rule and would likely oppose the final rule because they don't want to see employers put in the position of having to enforce national immigration laws. Register Online for the NRLRC Seminar Online registration is available for the National Roofing Legal Resource Center's (NRLRC's) 28th annual seminar, Roofing Issues: Decks to Dockets, Nov. 6-8, at the Hilton Head Marriott Resort & Spa in Hilton Head, S.C. Session topics for this three-day seminar include ConsensusDOCS, safety issues, edge-metal testing, immigration issues, workers' compensation, legal issues, FM Global guidelines, selecting and purchasing insurance, employment law, technical issues and case decisions. The early registration discount for the seminar ends Oct. 10. For more information about the 2008 Roofing Issues: Decks to Dockets or to register, click here or contact Anne Schroeder, NRLRC's director, at (847) 299-9092 or aschroeder@nrca.net. IRE and NRCA convention return to Mandalay Bay The 2009 International Roofing Expo (IRE) and NRCA's 122nd Annual Convention will return to the Mandalay Bay Convention Center Feb. 1-5, 2009. The Mandalay Bay is located at the south end of the Strip at 3950 Las Vegas Blvd. South. For more information about the 2009 International Roofing Expo, visit www.theroofingexpo.com or call (972) 536-6415. For more information and a preliminary schedule for NRCA's 122nd Annual Convention, click here or contact Bennett Judson, NRCA's associate executive director of meeting services, at (847) 299-9070, ext. 7513 or bjudson@nrca.net. Source: NRCA.NET

Oct 31 Membership Luncheon "Training Your Non-English Speaking Workers " Johana Mendoza, the Hispanic Liaison Representative for Pinnacol Assurance, has been invited to speak at our October 31st luncheon to talk about Training Your Non-English Speaking Workers. In this seminar, you will gain valuable insight into Colorado's Hispanic community. Johana will cover some of the cultural differences you need to consider when working with the non-English speaking community and teach you how to effectively communicate job training and safety program information to your Hispanic employees. Bottom-line . . . there are specific, quantifiable business reasons for taking the time to attend this seminar and learning to train your Hispanic workers, including: Are you aware that OSHA has a ruling requiring employers to communicate - and provide safety materials and training - in Spanish to Spanish-speaking employees? You may not be. The following are excerpts from the OSHA Training Standards Policy Statement issued by OSHA on April 17, 2007: "OSHA has a long and consistent history of interpreting its standards and other requirements to require employers to present information in a manner that their employees can understand." "For example, if an employee does not speak or comprehend English, instruction must be provided in a language the employee can understand." As a general matter, employers are expected to realize that if they customarily need to communicate work instructions or other workplace information to employees at a certain vocabulary level or in a language other than English, they will also need to provide safety and health training to employees in the same manner." Hispanic workers now make up about 19 percent of Colorado's workforce - and that figure is growing. National statistics show that Spanish-speaking employees may have a higher on-the-job accident rate. Overall U.S. workplace fatalities have declined over the past 30 years; however, among Hispanic workers, fatalities rose 57 percent in 2002 and are still on the rise. Factors such as growth in the number of Hispanic workers and accident severity can carry with them significant costs to your business, specifically as an increase to your workers comp premiums. To combat this trend, business owners must work on reducing these factors. ATTEND the Oct 31st luncheon and receive some basic tips and helpful materials from Johana that can assist you in the training of your foreign born workers and in reducing the potential costs to your business! Sign up today. Fax the reservation form to Debbie at 303-892-6322 or e-mail your RSVP to debbie@coloradoroofing.org.

AWARDS DINNER . . .Call for Entries CRA Awards Dinner February 12, 2009 The Belmar Center Lakewood, CO CRA has announced a call for entries for both the Job of the Year and Lifetime Achievement Awards. Job of the Year Awards are given to roofing contractors in recognition of their outstanding work. Awards are given in four categories based on size of contract. Nominated projects must have been worked on and completed in 2008. The Lifetime Achievement Award is given to an individual in the roofing industry whose contributions have impacted our industry in a positive way. A Lifetime nominee should be an individual who has contributed to the success, development and continuation of the Colorado Roofing Industry. You may nominate anyone who is currently working in the industry, retired from the industry, or is deceased. All entries must be received by Dec. 5 and judging will be conducted by a panel of roofing industry experts selected by CRA. Let's continue to "raise the bar" in the roofing industry. The Awards Dinner gives those of us in the industry time to stop and congratulate ourselves and each other on the difficult, complex, dangerous and exciting work we do every day. Take the time to showcase the professionalism and expertise in your company. Click here for Job of Year Nomination Form. Click here for Lifetime Achievement Award Nomination Form.

CRA ITEMS TO NOTE Educational Seminar in Denver, Product Recall, Hail Impact Certified Product, MRCA Convention, TRI Fall Forum "SECRETS TO SUCCESS" - A Seminar for Roofing Contractors Gulfeagle Supply will host a seminar for Denver Metro Area Roofing Contractors on Monday, November 3, 2008, from 12 noon to 4pm. It will be conducted by Dave Harrison, Chief Marketing Officer for GAF Materials Corporation, on Secrets To Success, Even in Down Markets. The seminar will be held at Sheraton Denver West Hotel, 360 Union Blvd, Lakewood, CO 80228. A buffet lunch will be served at 12 noon. Cost for the seminar is $50 per person. It is free of charge for contractors who are enrolled in the Gulfeagle Supply Performance Accelerator Program (PAP). The seminar will focus on the current state of the roofing industry; how to generate more leads and close more sales; how to know your numbers and what to ask your accountant; A/R management; securing your money; six critical areas for improvement. For more information or to make reservations, call Karren Cahalan at 303-288-7475. IMPORTANT - FALL PROTECTION PRODUCT RECALL Dyna-Lock Self-retracting lanyard September 4, 2008. Users of the Self-Retracting Lanyards (SRLs) should inspect their Dyna-Lock 20-ft SRLs to determine if the screws securing the handle are swaged (flattened). To see if your SRL is part of the recall, download the Dyna-Lock SRL Notice. MonierLifetile Concrete Roof Tile Products Certified for Hail Impact Protection September, 2008. MonierLifetile Concrete Roof Tile Products recent certification through the Roof Covering Impact Certification Program sponsored by Architectural Testing and recognition from State Farm Insurance benefits homeowners who will now qualify for insurance reductions. Read the complete press release for full details. MRCA 59th Annual Convention MRCA is excited to host the MRCA National Conference on Nov. 12-14, 2008, at the Gaylord Texan Resort and Convention Center in Grapevine, Texas. Don't miss the opportunity to enhance your business operations - join industry professionals at the MRCA Convention and Trade Show. This is the event for residential and commercial contractors alike and is put on for you by roofing contractors. Take advantage of top-notch education programs, a trade show featuring the best products and services, equipment and support aids in the industry. Don't miss the social events including the MRCA golf tournament as well as networking opportunities. For more information visit: www.mrca.com. TRI Fall Forum - November 5-6 The Tile Roofing Institute (TRI) announced their 2008 TRI Fall Forum to be held on November 5-6, 2008 at the Villas at Grand Cypress in Orlando, Florida. The TRI Fall Forum highlights include: Specialist Certification Program Launches in Florida, Update from the Florida International University Wall of Wind Project, Catch the Latest Economic Forecast from Christopher Thornberg of Beacon Economics, Learn from a Panel of Experts How to Leverage Today's Green Building Programs, Update from the FRSA President, and TRI Technical, Training, and Marketing Updates to Get the Most from Your Membership. Register today at www.regonline.com/fallforum08 or download the registration form and fax to TRI at 312-644-8557. For more information and a detailed schedule visit the Fall Forum section of the TRI web site.

Jefferson County Online Permitting INTRODUCING Online Permitting and Inspection Requests. Jefferson County is now offering an online application process for Re-roof/Re-side permits. Applicants will be able to obtain permits, request inspections and see inspection results via the internet. All applicants will need to pre-register to use the site. To register and receive the site address, please contact Ed Peck, Project Specialist, Division of Building Safety, Jefferson County Co. by phone at 303-271-8258 or send email to epeck@jeffco.us.

Boulder County Licensing Notice! Effective July 1, 2008, Contractors in Boulder County are now required to be licensed through the Boulder County Building Safety and Inspection Division. This will include an ICC exam for all applicants. Please go to http://www.bouldercounty.org/lu/building_division/ContractorLicensing.htm for licensing application and testing locations or call (303)441.3925 for further information. Be sure to confirm current information as the approved test centers and testing locations have changed at least once.

WWW.PROMPTPAYCOLORADO.COM The website dedicated to providing the information about prompt pay practices in the construction industry across the United States and specifically in Colorado. It is always good to have the background on the issue. Begin exploring www.promptpaycolorado.com by visiting the link from the homepage, CO ACTIVITY. Here you will find information about the 2008 legislative session that resulted in the defeat of HB08 1306. The link to 2009 remains empty and will have information as news and activities occur. Other information available include Legislators and Current Events that speak to the issue of prompt payment reform in Colorado. Source: ASA Colorado.