NOVEMBER 2015

VOL 4 ISSUE 11

REPORTER Rooftop

Upcoming Events

Wednesday, November 11

Annual Meeting

Thursday, December 17th

4th Safety Day of 2015

(Flier Attached)

Wednesday, January 13th, 2016

Dinner Meeting

RISE Program

Rooftop Reporter Page 1

From the President... Inside this Issue: SDRCA Vision 2015

SAFETY CORNER

Annual Dinner Meeting

Get to know Defects

CertainTeed Gives Back

Safety Discounts

It looks like El Nino is a roofer’s best friend. Just the threat and now the reality of El Nino has brought us work well beyond what was anticipated. I hope everyone is enjoying the ride and prospering. 2016 looks to be a ban-ner year.

On November 11th, the SDRCA will be holding its Annual Dinner Meeting to select new officers and lay out plans for 2016. The SDRCA Board must have at least three contractors or their representatives to serve on the Board along with any associate members that wish to participate.

Our association needs more contractors to participate to serve as board members. If you want to become more involved in the promotion, education, and training of the members of the SDRCA please contact us. The obliga-tions of serving on the Board are not that time consum-ing, once a month conference call, 4-5 dinner meetings, and a few events each year.

This meeting will be the last one of 2015. I look for-ward to seeing everyone there, and to those who do not make it, have a great Thanksgiving and be safe.

Fred Bouman, SDRCA President

4th SDRCA SAFETY DAY of 2015

with Structural Materials Company

396 Raleigh Avenue ● El Cajon, CA 92020

PH: (619) 383-2747 ● FX: (619) 383-2751

When: Thursday, December 17th – 10:00 AM to 2:00 PM

What: Dan Dallenbach of Roofmaster Products Company will be showing the

latest in safety equipment and personal fall arrest and fall restraint devices. This

session will be an informal review of safety equipment, Cal-OSHA job site

requirements and the proper use of safety devices for all roofing foreman and crew

members. Visit us at your convenience during the hours of 10:00 AM to 2:00 PM.

Sandwiches and refreshments will be available during the lunch hour. This seminar

will count as one meeting towards satisfying the SDRCA 2015 attendance requirement.

Questions? Contact Structural Materials – El Cajon at 619-383-2747 or

Dan Dallenbach of Roofmaster Products at 951-217-0838.

The mission of the San Diego Roofing Contractors’ Association is to establish and maintain profes-sional standards and practices in the roofing industry through education and public awareness. Adopted January 1997

To elevate...To protect and defend...To cooperate...so that all benefit.

Rooftop Reporter Page 2

The SDRCA Mission Statement:

The San Diego Roofing Contractors' Association (SDRCA) has been serving the Roofing Industry for over forty years.

Times, techniques and technology has changed, but the SDRCA Core Values, Code of Ethics, Mission and Vision Statement has not. The 2014 Board of Di-rector Team is committed and dedicated to serving our members and this associa-tion with new education, resources, training and savings for the purpose of helping our members continue a tradition of profitability and professionalism in our industry. It is the intent of this Association to establish and maintain professional standards and prac-tices in the Roofing Industry through education and public awareness. Our members are com-mitted to excellence and they use the benefits offered by the Association to help obtain this goal. The SDRCA encourages you to become fully aware of the potential problems of dealing with an unli-censed, uninsured roofer.

The SDRCA was formed in 1957 to preserve and promote the art of roofing application. SDRCA members recognize that after 52 years of innovation in roofing technology and Application, the fol-lowing goals are as meaningful and relevant today as they were yesterday and will be tomorrow.

The SDRCA remains a strong supporter of open competition and the free enterprise system; indeed, this competitive environment led to the success of its members. SDRCA members recognize that the perpetuation of such a healthy business environment is greatly influenced by their own professional conduct. The SDRCA supports the following practices, and encourages them in its members.

SDRCA Member Code of Ethics: 1. To conduct my business in an ethical manner, so that I will reflect credit and confidence by the public in our

industry as well as my own business.

2. To consider my vocation worthy and dignified and thus affording a distinct opportunity to serve society.

3. To hold that the exchange of my goods and service for a fair profit is legitimate and ethical, provided all parties in the exchange are benefited.

4. To elevate the standards of my vocation by exercising a high degree of care in the execution of all work, and correct any defective work as a direct challenge to my ability and integrity.

5. To protect and defend the public from fraudulent and unethical practices affecting our industry.

6. To cooperate with the association in its effort to better conditions in the industry, so that public, manage-ment, capital and labor will all mutually benefit.

7. To operate my business in accordance with the rules and regulations of constituted authority at all levels and in a manner which will leave no doubt as to my loyalty to my country and its ideals and fundamental principals.

Rooftop Reporter Page 3

Annual Meeting & Certified Contractor Program

Just a reminder that our Annual Meeting will be held on Wednesday, November 11th at the Lomas Santa Fe Country Club.

One representative from each member company is invited to this complimentary dinner. At the din-ner we will be electing new directors for a three year term. If you are interested in serving on the

Board of Directors, please contact the association. Serving as a Director is no too time consuming! We have monthly conference call board meetings, and generally meet face to face prior to dinner

meetings. Directors are also asked to serve on one of the many committees we have, specifically a committee that you are interested in or have expertise.

Certified Contractor Member (CCM) marketing materials for 2016 are on the way so make sure you provide the SDRCA with your requirements to attain the CCM status.

The Certified Contractor requirements are as follows:

A. Community Service – At least 2 community service projects must be performed annually, or, participate in the SDRCA Annual Build-A-Roof project. To receive credit for a community ser-vice project other than the SDRCA Annual Build-A-Roof, a news article, press release, thank you letter, or other types of evidence shall be submitted to the SDRCA to receive credit.

B. Association Participation - Each member must attend at least half of the SDRCA Dinner Meet-ings held each calendar year. Sending a representative from the member’s company will qualify for an attendance.

C. Education - Each member must provide the SDRCA with at least 4 documents of proof of at-tending or employees attending an educational program, Attending SDRCA Dinner Meetings does not satisfy this requirement. Examples of an education program that meets this requirement would be any training or educational program the SDRCA provides, or programs by other roof-ing industry organizations, such as Manufacturer Certifications, Supplier Demonstrations, WSRCA programs, NRCA programs. Other types of education can be submitted to the mem-bership committee for review and may be considered a valid act of education.

D. Safety - Each member must attend at least two (2) of the safety programs provided by the SDRCA, or, provide evidence of the member’s safety program. A current and ongoing safety program will meet this requirement.

Already many of our Contractors have signed up to attend, make sure you get your RSVP in, we will not be able to accept anyone at the door who has not sent in the RSVP.

CONTRACTORS, if you have satisfied the criteria above, please send the information to the SDRCA office, CCM Marketing Materials will be available for pick-up at the Annual Dinner

Meeting

SDRCA November 2015 Safety Corner

4th SDRCA Safety Day of 2015: Structural Materials Company will host the 4th

and final SDRCA Safety Day of 2015 on Thursday, December 17th at their El Cajon location from 10:00 am to 2:00 pm. See flyer in this newsletter for additional details.

DRUG TESTING DILEMMA: Employee drug use can put your company at risk, so don’t skimp on screening workers as part of your overall safety program. No one can deny that drug addiction seems to be on the rise in America. Need proof? Chew on these numbers from the Substance Abuse and Mental Health Service about the reported use of illicit drugs during an average 30-day period in 2013: 24.6 million Americans, or 9.4% of the population over the age of 12, uses some form of illegal substance in a typical 30-day period. Assuming that a small number of that group are minors under the age of 16, it is safe to conclude that 10% of your company’s current work force would fail a drug test. This does not even reflect the abuse of legal prescription drugs and painkillers prevalent today, or the recent “decriminalization” of marijuana in the 23 states that now recognize its medicinal use.

From my recent experiences as an executive of a drug-free workplace with random drug testing, I am astounded by the number of people failing drug tests. Gone are the days in which the person who fails the test is a 20-year old entry level employee who parties too much on the weekends. Today, it’s not uncommon to see employees in the 40s and 50s failing drug tests for cocaine and methamphetamine. And here’s the scary part – you don’t even see it. One of the main reasons that your company should drug test is because addicts are so skilled at deception and lies, not to mention their adverse impact on workplace safety, job productivity and employee morale.

Societal acceptance and decriminalization of illegal drugs, coupled with the country’s sluggish economy, seems to be the root cause of this new wave of drug use. The dilemma for executives and business owners is that, while drug use becomes more prevalent – and in some cases legal – the inability to hire employees with drug issues will not change. This is due to government driving regulations and workers compensation insurance requirements. In fact, the current labor shortage of qualified workers will worsen because this new tolerance to drug use will create a whole new group of unemployable people. Also, expect that as more people are killed and injured on the highways and the job by employees high on marijuana, workers compensation requirements, safety regulations and state laws will tighten further in the coming years.

Companies and business owners that want to succeed cannot follow the current direction of societal thinking on drugs. Ignoring the problem altogether and/or the tacit tolerance of drugs in your company or on the job site could result in huge losses from accidents and lost productivity, not to mention the potential liability exposure. Companies should be updating and enforcing no tolerance drug-free workplace policies, while taking the additional steps to educate and inform employees that drug use will not be tolerated while on the job. Don’t forget for a moment that should any drug-related issues arise; a business will be held to a high standard in a court of law.

Finally, a business executive or owner can’t enforce something that they do not believe, encourage and participate in themselves. For this reason, all management personnel and their staff should undergo random drug testing. If you believe the reported numbers, that 1 in 10 Americans are using some form of illicit drugs, then you must assume that it is happening in your organization as well. It’s going to be hard to keep drugs out of your company and off the job site, and yes, it will be much harder to hire employees with a strict no tolerance drug-free workplace policy. But the payback in lower risk exposure, higher productivity, a safer workplace and improved morale and corporate culture is well worth the time and effort. Your employees will thank you every day for your leadership.

(Excerpts of an article from ProSales Magazine, April 2015, by Don Magruder, CEO of Ro-Mac Lumber & Supply in Florida, a former chairman of the Florida Building Material Association and past president of the Southeast Home Builders Association)

REFERENCE: New “NRCA Toolbox Talks” now available: Teaching safety has never been this easy! NRCA Toolbox Talks is designed specifically for foreman and trainers to review an important safety lesson with their crews each week. Each lesson is structured to allow for various presentation styles and includes safety training tips with illustrations detailing key points to stimulate questions and discussion. Hands-on training conducted regularly is the most effective way to reinforce worker safety, comply with Occupational Health and Safety Administration regulations and improve both efficiency and profitability.

NRCA Toolbox Talks provides the support materials you need to implement this training. For more information about NRCA Toolbox Talks, go to shop.nrca.net or contact NRCA’s Customer Service Department at (866) ASK-NRCA or (866) 275-6722 / Email: info@nrca.net. http://www.nrca.net/store/detail/nrca-toolbox-talks/1388. Cost is $75.00 and electronic download version is free to members / $150.00 for non-members. (Professional Roofing Magazine / NRCA – August 2015, page 60.)

ROOFMASTER NEWS: The November / December 2015 San Diego County Delivery

Schedule is on the following Mondays; November 9th, November 23rd, December 7th and December 21st. With the Thanksgiving and Christmas Holidays, the 11/23 and 12/21 dates are if needed. We would appreciate your placing orders with Roofmaster no later than 3:30 PM on the prior Friday of the scheduled Monday delivery date. Please see the attached flyer for the Roofmaster Fall 2015 SDRCA Specials. Happy Thanksgiving!

November 2015 December 2015

No. Su Mo Tu We Th Fr Sa No. Su Mo Tu We Th Fr Sa

45 1 2 3 4 5 6 7 49 1 2 3 4 5

46 8 9 10 11 12 13 14 50 6 7 8 9 10 11 12

47 15 16 17 18 19 20 21 51 13 14 15 16 17 18 19

48 22 23 24 25 26 27 28 52 20 21 22 23 24 25 26

49 29 30 53 27 28 29 30 31 1

Sincerely,

Dan Dallenbach 750 Monterey Pass Road

Monterey Park, CA 91754

Mobile: 951-217-0838

dan@roofmaster.com

Rooftop Reporter Page 4

Design & Construction

Statute of Limitations On A Slip And Fall Claim By Sharice B. Marootian: Abdulaziz, Grossbart & Rudman

 

So, you've designed and constructed the project, gotten final inspections, recorded the notice of completion, and it's been open to the public since the early 90's. Now, you get served with a law-suit...is that even legal? Hasn't the statute of limitations run? As lawyers often respond - it depends!

This was the situation in the case of Delon Hampton & Associates, CHTD v. Superior Court (LACMTA). The rail station at 4th Street and Hill Street in Los Angeles, California was completed by the Los Angeles County Metropolitan Transportation Authority (MTA) in 1993. In 2011, a man fell on a stairwell at the station. The allegations were that the stairwell was both "too small" and its banister was "too low." In 2012, he filed suit against the MTA, who then filed a cross-complaint against Delon Hampton & Associates, CHTD ("Delon Hampton"). Delon Hampton was involved in the construction of that station as it provided design and/or construction services. Delon Hampton fired back claiming that the cross-complaint was time barred by the statute of limitations. A statute of limitations is a state law that sets a time limit on when a claim must be filed against the defendant.

There are two types of defects. The first are patent defects. Patent defects are deficiencies which are apparent by a reasonable inspection and can be discovered by the kind of inspection made in the exercise of ordinary care and prudence. The other types of defects are latent defects. Latent defects are hidden and would not be discovered by a reasonably careful inspection. The test to determine whether a construction defect is patent or latent is to ask the question - can the average consumer during the course of a reasonable inspection, discover the defect?

The reason the differentiation is so important is because patent defects carry a four year statute of limitations, whereas latent defects carry a ten year statute of limitations. In other words, if the cause of the injury is patent (or obvious), then a lawsuit must be filed within four years after substantial completion of the project or at a minimum, four years from when the defect became known. On the other hand, if the deficiency is latent (or hidden), then the lawsuit can be filed up to ten years after substantial completion. This is the outside or latest date to file suit, except in very rare circum-stances.

Prior construction related cases have provided some examples of both latent and patent de-fects. Some examples of patent (obvious) defects include: the absence of a fence around a swim-ming pool, raised paving stones on a patio, and defective construction of a landing that allows water to pool and drain into an office. Defects involving stairs and guardrails have also been found to be patent. These had included the absence of contrast marking stripes on stairs, and improper spacing between guardrails.

Some examples of latent (hidden) defects include: an improperly designed heating and air condition-ing system that causes uncontrollable temperature fluctuations when the deficiency itself was un-known, a railing that gives way due to improper nailing concealed by putty and paint, and the ab-sence of a vapor barrier which caused the siding on a building to buckle that was hidden from view beneath the siding.

Download a PDF Copy of Design and Construction

 

[Type text]

750 Monterey Pass Road Monterey Park, CA 91754750 (P): (323) 261-5122 • (F): (323) 261-8799 • Nat’l): (800) 421-6174

www.roofmaster.com

2015 SDRCA SPECIALS

Prices effective: 10/28 to 12/31/15

Items also available through all SDRCA member distributors

Roofmaster Pneumatic Insulation Carrier*

$585.00

*Available w/NFL Tires – P/N 506205 / $775.00

Mini-Razer Tear-Off Bar with Straight Blade

$365.00

P/N 491910

Carded Knives Roofers (left)

$3.10

Fixed Blade (right) $4.75

HVAC Jack Set (UPS-able)

$595.00

Roof Hatch Grabber Bar

$110.00

20 oz. Straight Claw Steel Hammer

$19.00

Blade Pick ‘em Deep Hook (top) Bowtie (bottom)

$1.60/5 pack

New Hayward Location! 2289 Industrial Pkwy W

Hayward, CA 94545

P/N 354021

Quick Change Retractable Knife

(12 per Display) $5.10

each

20’x40’ Blue Poly Tarp

$39.25

*Call for other sizes

P/N 581200

12” x 3/16” Carbide Blade

$44.50

P/N 354815

P/N 509945

P/N 354022

P/N 192040

P/N 358230 Milled

P/N 109025

P/N 506200

P/N 354059

P/N 354814

P/N 358232 Smooth

Dan Dallenbach Mobile: 951-217-0838

Fax: 909-596-5779 dan@roofmaster.com

Rooftop Reporter Page 5

CertainTeed & Homes For Our Troops By Scott Widdes, CertainTeed

      Homes For Our Troops is an incredible nonprofit. I am very proud that my company CertainTeed has be‐come a Sponsor, donating the Roofing, Insulation, and Drywall for the homes being built throughout the United States. Participating in the Ground Breaking Ceremonies, Volunteer Days, and Key Ceremonies for some of our returning heroes, is very special. There have been several homes built here in So Cal in Fallbrook, Temecula, Murrieta, Cherry Valley, one recently in El Cajon, and this new start in Valley Center. 

 

    The ground‐breaking ceremony was held on Saturday, October 24th.   A volunteer day will be scheduled in the next few months, and if you wish to volunteer, please let us know. You will truly be touched by the ex‐perience. And of course your donations could not go to a more honorable cause. 

 

This is their Mission Statement;   

 

“To build mortgage‐free, specially adapted homes nationwide for severely injured Veterans Post‐9/11, to enable them to rebuild their lives.” 

 

Marine L.Cpl. Jorge Ortiz 

Here is a link to their website and more information on Jorge Ortiz.  

 

http://www.hfotusa.org/ortiz  

     

WELCOME NEW MEMBER

2015 Board of Directors

Fred Bouman, President Doug Barry, Vice President Eric Richardson, Sec/Tres.

RSI Roofing J.P. Witherow Roofing Specialists of San Diego

Dennis Parra II, Director Gary Gilmore, Director Patricia Mosteller, Director

Parra Building Consultants RSG San Diego Pacific United Insurance

Bob Meyer, Director Dawn Shaw, Director Dave Britton, Director

Duro-Last Eagle Roofing Products APOC

Dan Gentile, Director Dan Dallenbach, Director Sid Scott, Past President

Polyglass Roofmaster Products Premier Roofing of CA

Randy Swank, Director James Robyn, Executive Director

GAF SDRCA

Thank You to the 2015 Advocate Sponsors

Diamond Emerald

SDRCA Contact Information

PO Box 1328

Solana Beach, CA 92075

888-825-0621 Phone/Fax

ed@sdrca.com

www.SDRCA.com

The SDRCA wishes to Thank our contributing Sponsors. The ability to bring ongoing, valuable educational, social and professional benefits and training is dependant upon our sponsors. We look forward to the new spon-