2018

V 8 I 7

REPORTER

Upcoming Events

August 2018

SDRCA Build-A-Roof

For Canine Companions

August 27th

SDRCA 52nd Annual Golf Classic

September 19th

Dinner Meeting

Contracts & Warranties

Rooftop Reporter Page 1

From the President... Inside this Issue:

Golf Anyone?

Arbitration Rule

Safety Bulletin

Build-A-Roof

Welcome IKO

El Nino is a strong possibility this winter. The ocean temps this week have broken records that have been holding strong since 1916. They are catching Wahoo on the 3/4 day boats as we speak. This is a very good sign that we will have rain this winter and some strong south swell for those that surf. Our golf tournament is just around the corner so hit the range and get your practice on. With another heat wave this week, make sure your OSHA Heat Illness programs are up to date. Eric Richardson, SDRCA President

SAN DIEGO ROOFING CONTRACTORS’ ASSOCIATION PO Box 1328 Solana Beach, CA 92075

Phone/Fax 888-825-0621

Love to golf? Tee into our association of Roofers and reserve your spot to play or be a sponsor for the upcoming 52nd Annual SDRCA

Golf Tournament

Monday, August 27th, 2018 Lomas Santa Fe Country Club

11:30 AM Check-In & Lunch, Driving Range Complementary 1:00 PM Shotgun Star-t Scramble Format 5:30 PM Dinner & Awards & Raffle

Company: Contact Person:

Phone: Email: _

Please check the appropriate box or boxes

My company wants to be a Tee Sponsor (foursome included in price) $1000.00 My company wants to be a Tee Sponsor $400.00 My company wants to be a Raffle Sponsor (please send prize or indicate donation) $ I am an individual player $150.00 I have a twosome $300.00 I have three players $450.00 I have a foursome $600.00 I will have additional Dinner guests at $40.00 each $

Total Amount $

Payment Information

O Bill my credit card listed below O Check Enclosed O I need an invoice to pay this

Credit Card Number: Exp:

Name on Card:

OUR SPONSORS TO DATE

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 2018 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 60 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

BUILD-A-ROOF

As many of you know, the SDRCA is committed to charitable activities in San Die-go.

This year we are installing an APOC Armor Flex Silicone system on the struc-tures at Canine Companions for Independence. The project consists of some re-pairs, including adding drains, followed by the application of the system. APOC will be training the participants on the proper way to install the APOC #585 Armor Flex Silicone system. This will be hands on training for you and/or your employees.

The project is currently scheduled for dates in late August.

Thank you to APOC for donating all the materials and equipment to install the application. Thank you to Sid Scott (Premier Roofing of CA, Inc.), Eric Richardson (Roofing Specialists of San Diego), Wayne Sorensen (Top Line Roofing), Troy Par-rott (San Diego County Roofing), David Susi (RSI Roofing), and Tiffany Suwa (Eberhard Benton Roofing) for donating labor for the repairs and participating in the APOC training.

If you wish to send someone from your company for hands on training of this APOC system, please contact the SDRCA office.

Welcome New Member

RCAC Office

Just a quick reminder that the RCAC office has moved to:

2235 Park Towne Cir., Floor 2, Sacramento, CA 95825

Phone: 916-485-6318

52ND Annual SDRCA Golf Classic

The 52nd Annual SDRCA Golf Classic is schedule for Monday, August 27th at the Lomas Santa Fe Country Club.

The Golf Committee has been working diligently to ensure another successful day of golf and camaraderie amongst roofing industry professionals and asso-

ciates.

Sponsorship Opportunities are now available, click here to learn more.

Our Sponsors to date

Rooftop Reporter Page 5

Certified Contractor Program

A. Community Service – At least 2 community service projects must be performed annually, or, participate in the SDRCA Annual Build-A-Roof project.

B. Association Participation - Each member must attend at least half of the SDRCA Dinner Meetings held each calendar year.

C. Education - Each member must attend at least 4 industry educational programs, seminars, or trainings. 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. The SDRCA keeps attendance records for our Dinner Meetings so there is no need to submit the attendance to achieve item B. If you participate in the SDRCA Build-A-Roof you do not need to submit any information to achieve item A. Please submit any documentation on educational programs you or your employees have attended to achieve item C. Please submit a brief summary of your safety program to achieve item D. The SDRCA will provide you with professional quality glossy inserts for your bid packets or to use as you see fit. The inserts are designed to inform your potential customer of your commitment to the roofing indus-try, your commitment to best business practices, and your commitment to community service in San Diego. If you have any questions, please contact the SDRCA office.

In order for our contractor members to achieve Certified status, they must meet the following criteria each calendar year.

AUGUST Safety Corner

The NRCA will be conducting a series of CERTA (Certified Roofing Torch Applicator) Training Programs over the summer in the San Diego area. You may visit the website www.socaltorchsafety.com or see flyer in the newsletter for dates and locations.

Ladder Safety Requires an Ongoing Commitment to Training as Improper Ladder Use Can Lead to Severe Injuries and Fatalities . . . Unfortunately, one of the tools roofing contractors use most often can be the most dangerous. Improper ladder use plays a part in one of every three fatalities on today’s jobsites. And the failure to use a stepladder properly was also the sixth most common citation (2,567) issued by OSHA inspectors in 2017. (http://www.safetyandhealthmagazine.com/articles/16362-oshas-top-10-most-cited-).

These numbers aren’t likely to improve until everyone clearly understands when a ladder should be used. Cal/OSHA is very specific about when and where contractors should provide ladders for their workers. They stipulate that a stairway or ladder must be provided at all worker points-of-access when there’s an elevation break greater than 19 inches with no ramp, runway, embankment or personnel hoist available. A discussion of safe access to work places, including ladder use, should be a part of every pre-job safety review with the job foreman, crew and general contractor. In the following pages you’ll find tips to help identify when to use ladders, how to select the right ladder for the task and the correct ladder set up and proper use.

Four common ladder mistakes contractors must avoid . . .

1. Selecting the wrong type of ladder.

2. Using worn or damaged ladders.

3. Incorrect use of ladders.

4. Improper placement of ladders. Contractors know the right tool choice can make a big difference in productivity and safety. There’s no one-size-fits-all answer for the ladder that should be used in each specific situation. Ladders required for installing flashings around windows may be different than ladders used to access below-grade foundations or roof decks.

The mission of the San Diego Roofing Contractors’ Association is to establish and maintain professional standards and practices in the roofing industry through education and public awareness.

Human error is often the leading cause of ladder accidents. Here are some suggestions to include in a pre-job safety review to avoid mishaps:

Never use a ladder in any way other than the manufacturer’s intended use.

Never lengthen or alter a ladder in any way. Select the proper ladder length for the task at hand. It’s not

safe to use a ladder that’s too long or too short. Be sure to follow safety standards required on ladder

labels that indicate the highest standing level.

Never stand on the top cap, or the step below the top cap, due to a higher risk of losing your balance.

Never use the top three rungs of an extension ladder for climbing.

Always maintain 3 points of contact while using a ladder to maintain stability.

It is best not to carry heavy items, tools or materials when climbing a ladder . . . use a hoist.

Never attempt to reach for something while on the ladder. It’s much safer to get off the ladder to move it

and then climb back up to access the item without having to stretch too far.

Transport ladders properly. Ladders must be properly supported on ladder racks. The support points

should be constructed of material such as wood or rubber-covered pipe to minimize the effects of

vibration, chafing and road shock. Secure the ladder to each support point to greatly reduce the damaging

effects of road shock.

Keep overhang beyond the support points of the rack to a minimum.

Ladder storage racks should have sufficient supporting points to avoid sagging, which can warp the ladder.

Materials must not be placed on the ladder while in storage.

The hidden dangers in worn or damaged ladders . . .

Crews must perform thorough inspections on each ladder before using them. If any damage is found, don’t use it, and immediately tag the ladder as out of service. Be sure to find a qualified repair technician if you decide to repair the damage to the manufacturer’s specifications, while usually it is best to just replace the ladder.

Examine the ladder’s feet. Most are covered with a slip-resistant material that must be evaluated and

determined to be in good condition before each use.

Ladders exposed to excessive heat, like a fire, may have reduced strength.

Ladders exposed to corrosive substances such as acids or alkali materials may experience chemical

corrosion and reduced strength.

Broken or bent ladders and ladders with missing or worn out parts should be taken out of service and

tagged (Dangerous – Do Not Use) until professionally repaired or destroyed.

No attempt should be made to repair a ladder with a defective side rail. Ladders with bent or broken side

rails must be permanently taken out of service and destroyed.

In the event a ladder is discarded, it must be destroyed in such a manner as to render it useless.

Putting ladders in their place . . .

Superintendents should review proper ladder placement procedures with each crew. Here are talking points to include in a safety talk:

Be sure to position a ladder on firm, level ground.

Ladders should never be placed in front of a door that is not locked, blocked or guarded.

Ladders must not be used on ice, snow, wet or slippery surfaces, unless suitable means to prevent slipping

are employed.

Ladders must never be placed upon other objects such as boxes, barrels, scaffolds or other unstable bases

in an effort to obtain additional height.

Ladders must not be tied or fastened together with any other type of ladder to provide a longer length.

The August / September 2018 San Diego County Delivery Schedule:

● September: Monday 9/10 & 9/24BEST WISHES from ROOFMASTER for a SAFE & Successful Summer Roofing Season!

Dan Dallenbach Mobile: 951-217-0838 dan@roofmaster.com

Rooftop Reporter Page 6

Party Who Participates In Arbitration Cannot Back Out By Kenneth S Grossbart — Abdulaziz, Grossbart & Rudman

The subject of Arbitration has been discussed by me in previous articles. This article again addresses the concept of Arbitration but with a twist.

Arbitration is an alternative form of resolving disputes. It is an alternative to the filing of a lawsuit and proceeding with your case through the court system. Arbitration is a very popu-lar form of dispute resolution and oftentimes is faster and cheaper than going through the court system.

Arbitration is a consensual process which means in order for the parties to arbitrate a dispute all parties must consent to having the matter arbitrated. Oftentimes that consent comes in the form of an Arbitration Clause that is contained in the contract between the parties. In this set of facts, Company A signed an Advertising Insertion Order with Company B. The Order included an agreement to arbitrate all disputes. During the course of the relationship be-tween Company A and Company B, Company A accumulated an unpaid balance with Com-pany B. Company A filed a Demand for Arbitration seeking damages in the amount of the unpaid balance. Company B agreed that they signed the Order but claimed that the Order was unenforceable because Company A's products were fraudulent. Regardless of the claims of Company B, Company B voluntarily participated in the Arbitration and in fact asked the Arbitrator to issue an Order requiring one of the parties to post a Bond. Company B later rescinded its participation in the Arbitration proceedings when the Arbitrator declined to issue the Order. The Arbitrator ultimately found for Company A and the trial court con-firmed the Arbitration Award. Company B challenged the Arbitrator's jurisdiction arguing that he did not consent to arbitrate the dispute.

The matter was reviewed and ruled upon by the appellate court. The appellate court con-firmed the lower court's ruling finding that the parties did in fact consent to Arbitration. The appellate court found that Company B's conduct and participation in the Arbitration showed that he clearly and unmistakably consented to Arbitration. First Company B did not object to Arbitration, they willingly participated in the Arbitration proceedings, availed themselves of the Arbitrator's authority when asked to have the Arbitrator rule upon the posting of a Bond and thereafter tried to rescind his voluntarily participation after the Arbitrator denied the request. Thus the court found that Company B's actions constituted clear and unmistaka-ble evidence that he consented to the Arbitration proceedings.

The take away from this set of facts is that if you challenge the jurisdiction of an Arbitration Tribunal, it must be done at the beginning of your case. You cannot temporarily participate in the Arbitration proceedings and then at some point in time when you don't like how the Arbitration is proceeding attempt to back out. Courts will consider your participation to con-stitute a clear and unmistakable evidence of your consent to arbitrate.

Download a PDF Copy of Party Who Participates in Arbitration Cannot Thereaf-ter Back Out

TORCH SAFETY CERTIFICATION TRAINING

Sign up at www.socaltorchsafety.com Check website for schedule, classes held on Saturdays in San Diego, CA

Rooftop Reporter Page 7

NRCA UPDATE

Career and technical education reform bill may get committee vote. The Senate Committee on Health, Education, Labor and Pensions is expected to vote on legislation to help ad-dress industry workforce needs by reforming career and technical education. House may vote on immigration reform bills. House Republicans are working towards a plan to vote on both hard-line and more moderate immigration reform bills. H-2B seasonal worker program. The Department of Homeland Security will grant 15,000 additional visas for the H-2B program in 2018, far short of the nearly 70,000 requested. Legislation would increase work requirements for assistance. A House committee approved legislation to institute new work requirements for recipients of federal assistance under the Temporary Assistance for Needy Families (TANF) program.

Tariffs on imported steel and aluminum. The Trump administration allowed exemptions to steel and aluminum tariffs on imports from Canada, Mexico and the European Union to ex-pire, deepening a potential trade war with U.S. allies.

Financial regulatory reform. The House approved bipartisan legislation, already approved by the Senate, to provide regulatory relief to community banks and potentially increase ac-cess to credit for employers. The bill was signed into law by the president.

Immigrations and Customs Enforcement (ICE) plans further increases in employer audits. ICE doubled the amount of employer enforcement actions during fiscal year 2018 and plans further increases this summer and beyond.

Health Insurance Tax (HIT) delay legislation introduced. Bipartisan legislation to delay HIT, which NRCA has long opposed, for 2020 has been introduced in the House.

Affordable Care Act (ACA) employer mandate. The IRS continues enforcing the require-ment that all employers with 50 or more employees provide qualified health insurance to their employees, despite efforts by the Trump administration to ease burdens of the man-date.

ROOFPAC will host "Top of the Town" during NRCA's Midyear Meetings in Chicago. Don't miss this reception at the John Hancock Center for the opportunity to network with your NRCA colleagues while supporting ROOFPAC.

For those of you who like to plan ahead, future IRE dates are as follows;

Feb 4-6, 2020 – Dallas; Feb. 24-26, 2021 – Las Vegas; Feb. 21-23, 2022 – New Orleans

750 Monterey Pass Road Monterey Park, CA 91754-3668

P: (800) 421-6174 | F: (800) 409-7663 | Website: www.roofmaster.com

DAN DALLENBACH | M: (951) 217-0838 | Email: dan@roofmaster.com

SUMMER 2018 $PECIAL$ SDRCA (Valid 07/01/2018-09/30/2018)

#1 BRAND

Doublewide Tank

Spreader

$627.00 [P/N 720808]

#10 White Rags $20.50

[P/N 197717]

4 Wheel Trailer $905.00 / $1,365.00

[P/N 505400 Regular / 505437 NFL Tires]

Roofmaster Ripper

$46.00 [P/N 350920]

The Original Alum Feltlayer $2,695.00 / $2,825.00

[P/N 514000 Regular / 514020 NFL Tires]

Roofmaster Flashing Paint $5.99/can

(60 can minimum)

Perimeter Clamp System $560.00

[P/N 295901; 4 clamps & 4 stanchions]

Questions about DRAINS? http://drains.roofmaster.com/

.

Leister Uniroof AT 120V $5,195.00 [P/N 774555]

Knives / Blades $3.10 / $2.65

[P/N 354021 / 354022]

2017 Board of Directors

Eric Richardson, President JP McEvenue, Vice President Troy Parrott, Sec/Tres.

Roofing Specialists of San Diego Semper Solaris San Diego County Roofing

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

Parra Building Consultants RSG San Diego Pacific United Insurance

Cindy Molina, Director Dawn Shaw, Director Dan Dallenbach, Director

RSI Roofing Eagle Roofing Products Roofmaster Products

Jacob Synecky, Director Fred Bouman, Immediate Past President

GAF RSI Roofing

Thank You to the 2018 Advocate Sponsors

Diamond Emerald Pearl

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 dependent upon our sponsors. We look forward to the new spon-sorships and training opportunities 2018 will bring our members.