39%R.O.I.I.® SELECT

RECEIVES

REFUND! p.8

BUILDING INSIGHTwww.BIAW.com

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BUILDING INSIGHTwww.BIAW.com

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STATE’S YESVETS PROGRAM CONNECTS VETERANS WITH BUSINESSES SEEKING JOB CANDIDATES

SAY YES TO VETERANSHIGHLY-SKILLED LABOR POOL

YESVETS PROGRAMBIAW staff met recently with representatives of the YesVets program as one

possible route to a solution and are promoting the new program as a tool for workforce recruitng. YesVets is a veteran hiring campaign created to urge businesses to say “yes” to the state’s veterans when filling open positions. The YesVets initiative is a collaborative effort of Washington’s Employment Security Department (ESD), WA Department of Veterans Affairs, Department of Commerce and the Washington State Military Transition Council.

“We have skilled local veterans employment representatives in every commu-nity, helping our state’s veterans find great jobs every day,” said Dale Peinecke, commissioner of the state’s ESD, a partner in the WorkSource system. “Veterans who come into our WorkSource offices work with staff who are also veterans and who understand the skills and abilities they bring to the workforce.”

TAP INTO THE VETERAN LABOR POOL Serving in the military provides veterans with a strong work ethic, a diverse

skill set and the ability to work well in teams. Hiring a veteran is a great way to tap an already skilled talent pool (Washington is home to 632,000 mili-tary veterans) and many of these skills are directly transferable to the home building industry.

The ESD, through its WorkSource partnership, has dedicated Local Veterans Employment Representatives (LVER) whose sole job is to help employers hire veterans. LVERs are veterans, too, and have immediate access to highly qualified veterans seeking employment. Their goal is to create partnerships between public and private organizations that help veterans successfully transition into civilian jobs in Washington.

SIGN UP IS QUICK AND EASYSo, how can employers participate? Sign up online using the YesVets appli-

cation form found at www.YesVets.org. Or contact a LVER through your local WorkSource Center. LVERs can help employers:n Improve job opening adsn Post jobs locally, statewide or nationallyn Help assess candidatesn Translate military skills to the civilian workplacen Find qualified veterans for your businessRegistration is a quick and easy process that could yield formidable results

for you and your business. To learn more, contact Statewide Veterans Program Coordinator Sam Mitchell at smitchell@esd.wa.gov, Veterans State Outreach Employment Representative Jose Ortiz at joortiz@esd.wa.gov, or BIAW Admin-istrative Services Director Jan Rohila at janr@biaw.com.

In last month’s issue of Building Insight, we discussed how the labor shortage remains a top concern for builders and subcontractors.

Nationally, construc-tion jobs continue to increase. In February, for example, the numbers

jumped 253,000 over the same month in 2015. In fact, the latest government statistics show the amount of unemployed construc-tion workers actively looking for work has shrunk to the lowest level in eight years. Locally, a mild winter and a continued strong economy are credited with a very robust residential construction market and some of the lowest housing inven-tories on record.

Particularly important is the labor shortage experienced by subcontractors, which impacts the construction of the typical home. A National Association of Home Builders study in September 2015 shows that builders’ use of subcon-tractors remains strong with 70% of builders typically employing an average of 22 different subcontrac-tors to build a home. When builders are unable to schedule trades on time, it means delays and produc-tion logjams that hurt the housing recovery by increasing the cost of building homes and making hous-ing more expensive for consumers.

EVP VIEWPOINTPRESIDENT’S PERSPECTIVE

MARKET DATA4

//BUILDING INSIGHT WWW.BIAW.COM

IN BRIEF An update of the recent highlights, successes of BIAW

Local, state and national market data

// SAY YES TO VETERANS 2

CONTENTS //3

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15

On the cover: R.O.I.I.® Select receives robust refund for 2014-2015 plan year.

MAIN UPDATE Time to focus on issues of importance to home builders

// STREAMLINING GOVERNMENT 11

// COMMITTED EDUCATORS 12

Who We AreThe Building Industry Association of Washington is the state’s largest trade association and represents nearly 8,000 member companies in the home build- ing industry. Known as the “Champions of Affordable Housing,” BIAW is dedicated to ensuring and enhancing the vitality of the building industry for the benefit of its members and the housing needs of citizens. 2016 SENIOR OFFICERSPresident Dave Main MBA of King & Snohomish Counties First Vice President Ted Clifton, CGB, MCGP Skagit/Island Counties Builders Association BIA of Whatcom County Treasurer Kevin Russell, MCGP North Peninsula Building Association Secretary Ron Pelson Central WA Home Builders Association Immediate Past President Monty Smith, CAPS, CGR BIA of Whatcom County Skagit/Island Counties Builders Association BIAW STAFFExecutive Vice President Art Castle Administrative Services Director Jan Rohila Director of Insurance ProgramsFrank Romero Government Affairs Director Jan Himebaugh Building Insight questions/comments:Communications and Public Relations Director Jennifer Hayes Building Industry Association of WA111 21st Avenue SW | Olympia, WA 98501 (360) 352-7800 | BIAW.com

// HAPPENINGS 14

// SBCC REFORMS NEEDED 10

// LOCAL CANDIDATES MATTER 7

MAY ’16VOL. 26, ISSUE 5

BUILDING INSIGHTwww.BIAW.com

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What we need more of is public office holders that are firmly commit-ted to solving problems plaguing small businesses as well as our industry.

I recently had the opportunity to be in Washington D.C. to participate in

some housing finance reform discussions with various government agen-

cies and our National Association of Home Builders (NAHB) lobbyists. While

there, I also attended the Spring Executive Committee meeting and had

an opportunity to hear a long panel discussion by three economists on the

topic of tax reform. This is a hot button, “must be done” item on Capitol Hill

in this Congress, and probably the next.

The panel consisted of Ray Beeman of Ernst and Young, Eric Toder of the

Tax Policy Center in D.C., and Alan Viard of the American Enterprise Institute.

It was two hours of opining on the status of tax reform in the House and

Senate, and a review of the reform proposal for our current list of Presidential candidates. The best

pearl that I was able to take from this discussion came when one of the panelists described the tax

reform debate on the hill as similar to the opening 10 to 15 minutes of the movie “The Revenant.”

For those of you that have not yet seen it, it consists of a scene of total and chaotic fighting and

bloodletting in which it is impossible to figure out who is on who’s side and what the point of all

the conflict is. Quite the show.

We, the citizens, have been railing about tax reform and burdensome government forever. And

some politicians entertain us with their failed attempts at reform and eventually retire to their

corners after their carefully choreographed show points fingers and assigns blame. It reminded

me of an editorial that appeared in 1984 in the Orlando Sentinel and was written by Charley Reese

about taxes and the responsible parties in government. It is titled “545 vs. 300,000,000.” (Visit www.

orlandosentinel.com and search for “Charley Reese” on their site). It still has relevance today as it

deals with the issue of over taxation and candidly demonstrates why politicians can, and should,

do more in office.

I’m hopeful they will keep that in mind before the voting public seizes on term limits for all

office holders. I have not been a strong advocate of term limits in the past as I believe that the

unintended consequence of this would be to put ever more power in the hands of the group that

never goes away, career bureaucrats. However, the public may be thinking enough is enough. How

many years is too many years to sit in a seat of “power” within our government. Congress, in their

wisdom, put term limit on presidents, and the public may wish to do the same for lawmakers.

Visit the link above, read the article, and then ask yourselves what’s needed to transform political

leadership. Taxation and reform is just a small piece, but a place to start is at all levels of govern-

ment.

What we need more of is public office holders that are firmly committed to solving problems

plaguing small businesses as well as our industry. Be sure

to go to BIAW’s Whiskey Tasting and Education fundraiser for

NAHB’s BUILD-PAC scheduled during the Summer Board of

Directors meeting in June. Funds raised for NAHB’s political

action committee will help support pro-housing, pro-business

candidates running for federal office. I hope you will attend

and help position the right people in Congress who back our

interests. (See details about the event on back cover.)

As a final note, we all recently lost a dear friend, Myra

Williams, BIAW’s 2016 Second Vice President. She was happy,

positive, giving…the list goes on and on. I am fortunate to have

had Myra in my life as a friend and colleague for many years

and am so much better for it. She brightened the daily lives of

all around her and gave so much. I will miss her a lot.

// DAVE MAINPRESIDENT

Political OutlookTime to focus on issues of importance to

home builders

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MAY ’16VOL. 26, ISSUE 5

SETTLEMENT INVALIDATES AMENDMENTS, HIGHLIGHTS PROCESSES

SBCC REFORMS NEEDEDVICTORY FOR BUILDERS

BIAW settled its lawsuit with the State Building Code Council (SBCC) last month, with the SBCC agreeing to a court order that invalidates two amend-ments to the state building codes that were adopted without reviewing BIAW’s opposing comments. While the settlement is a victory for the industry and for an open and fair code adoption process, the case highlights the need for real

reforms to the way the SBCC operates. “With this settlement, we hope the State Building Code

Council realizes it must follow state laws as well as their own policies when making decisions that directly impact every single builder in Washington,” said Dave Main, pres-ident of BIAW.

Last November, the SBCC held a meeting to discuss and vote on proposed amendments to the 2015 building codes. Prior to the meeting, BIAW submitted public com-ments opposing two amendments that would have al-lowed builders to trade emergency escapes in basement

sleeping rooms for sprinkler systems installed throughout the building. SBCC staff prepared spreadsheets for members on the council that highlighted each amendment which received public comments, but BIAW’s comments were left off of it. As a result, the two sprinkler amendments were lumped into a blanket vote with all other uncontested amendments, and some of the council’s mem-bers were unaware that they had even voted to approve them.

To the SBCC’s credit, it was quickly willing to acknowledge the error and settle the case. However, after the SBCC agreed to the settlement terms, a comment from one of the council members illustrates what BIAW has been working to shed light on about the public agency’s processes. The member suggested that BIAW could have simply filed a Petition for Reconsideration

with the SBCC, rather than initiating a lawsuit. But no such procedural remedy exists. The state’s Assistant Attorney General assigned to the case promptly

pointed out that the SBCC’s own ad-ministrative code provides no method for opponents of adopted amendments to file such a petition. Thus, BIAW had no other choice but to file a lawsuit in Superior Court in order to enforce its rights.

The SBCC may well address that issue in future rulemaking, but lingering is-sues with the rules of the code adoption process and how the SBCC and its staff navigate them are likely to reemerge if not properly addressed. The SBCC must still confront how it will deal with new model codes that are not publicly available until after the SBCC’s self-im-posed March 1 deadline for receiving proposed statewide code amendments; how it will sufficiently educate its members on the state’s Open Public Meetings Act to prevent violations of it; and how it will safeguard against future errors of the kind that led to BIAW’s lawsuit.

Despite all of these issues, BIAW recognizes and thanks those members of the council who are doing great work on code development while striving to follow the proper process. It is in the best interest of the home building industry to have a functioning and accessible code adoption process, but what exists now still falls short. BIAW will continue to keep an eye on the SBCC’s operations and make sure that the process is fair, open, and consistent.

// ADAM FRANKGENERAL COUNSEL

With this settlement, we hope the SBCC realizes it must follow state laws as well as their own policies when making deci-sions that directly impact every single builder in Washington.

BUILDING INSIGHTwww.BIAW.com

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// ART CASTLE

EXECUTIVE VICE PRESIDENT

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IAW

Simply put, our competitors do not achieve the same level of consistent refunds while providing the same innova-tive services as we do.

The past month has been significant.

R.O.I.I.® SELECTBIAW received its 2016 Adjustment Report from the Department of

Labor & Industries (L&I) for our R.O.I.I.® Select program. The report shows R.O.I.I.® Select continues to be an “elite” retrospective (retro) rating program for the construction industry. The final adjustment for the 2012-2013 plan year finished with a 40 percent refund while the 2013-2014 plan year second adjustment is currently in the same range. And our first adjustment refund for the 2014-2015 plan year is at 39 percent!

In addition to “elite” refunds, the outcome-based claims assistance, return-to-work options, risk management and safety services, L&I audit assistance, and claim investiga-tion and litigation services are all available to member participants at no additional cost. Not to mention our fee transparency, which continues to set us apart from other retro programs. Last year, the 2011-2012 plan year received its final adjustment from L&I. Member participants from that plan year, who had few or no claims, received a refund of 37 percent of their workers’ comp premium! This was based on R.O.I.I.® Select’s 22 per-cent overall refund. With the current three plan years (2012-13, 2013-14, 2014-15) in the 40 percent range, member participants of those plan years should achieve outstanding refunds as well. Simply put, our competitors do not achieve the same level of consistent refunds while providing the same innovative services as we do. If you’re currently not a member, check out page 8 or online at www.BIAW.com for more information on R.O.I.I.® Select.

SESSION UPDATEThe Legislature adjourned without any new tax increases or harmful bills. Unfortunately,

our bill which would have put the State Building Code Council (SBCC) directly under the Department of Enterprise Services failed due to disagreement between the House and Senate on an increase in the SBCC fee for new building permits. We likely will try again next year. On that note, I want to let you know that our Government Affairs team headed by Jan Himebaugh does an outstanding job for you. Our General Counsel Adam Frank; Al Audette, our building codes guru; Jan Rohila, our energy codes guru; Jennifer Hayes, our Communications and Public Relations Director; and Steve Gano, Bill Stauffacher and Tom Kwieciak, our contract lobbyists, have become a very talented and effective team.

SBCC AND UTTER/IRELAND LAWSUITS SETTLEDThe Attorney General’s staff attorney for the SBCC recommended, and BIAW senior

officers agreed, to settle the lawsuit we had filed against the SBCC for violation of public process—acknowledging that a court could have determined that SBCC action we sued over was arbitrary and capricious. Find out more details about the settlement in the upcoming issue of Building Insight.

BIAW President Dave Main, First Vice President Ted Clifton and myself spent a long day mediating BIAW’s long standing (since 2008) Utter/Ireland lawsuit. This lawsuit alleged that BIAW acted as a political committee during the 2008 governor’s race. As a result of the mediation, a settlement was reached which resulted in the dismissal of this long lit-igation without any acknowledgment of fault. The alternative would have been three to five more years of litigation. While we believe we would have been successful, especially at trial court, the politicized appellate courts in Washington increased the risk. This was the last lawsuit active when I came on board in 2011.

ODDS AND ENDSHundreds of members have attended BIAW’s “Significant Changes to the 2015 Codes”

class to learn about the building and energy code changes that go into effect July 1. Classes are filling quickly so be sure to check online at www.BIAW.com.

And last, but certainly not least, after my April article in Building Insight showed lack of supply is the main culprit driving housing prices, at least seven articles described King, Pierce, Kitsap, Thurston, Snohomish, Whatcom and Clark counties housing prices increas-ing due to very low inventory and lack of supply. Note: Are any policy makers listening?

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MAY ’16VOL. 26, ISSUE 5

Your livelihood is directly tied to your ability to build homes for the people of Washington. Local and state regulations

play a significant role in the vitality of the home building indus-try—it is essential to support pro-housing candidates for all levels of government. Housing starts at home.

IT’S ALL LOCALElection season is

upon us, filing week is later this month—May 16-20. On May 20, we will officially know who is running for what in Washington. BIAW’s 2016 President Dave Main has made a pillar of his presidency the support of local and state candidates for office—he knows that Washington’s regulatory climate directly impacts your business’ bottom line. BIAW is constantly looking at ways to improve the residential construction industry’s prospects, and it starts in your backyard. It starts with local elections: from fire and water commission-ers through local city and county races, in the courts, and finally at the state legislative level. Good people are now campaigning for your support from the bottom to the top and it’s imperative that the industry support them. Not just through industry political action committee contributions, but indi-vidually as well. Follow them on Facebook,

Twitter, and Instagram, send them a check, stick a sign in your yard, and most importantly, vote.

Washington is at a critical junction. The future of builders will be decided by those in local government who determine storm and pota-ble water policy. At the state level, without the fiscally and regulatory responsible members in the state House and Senate who provide necessary balance, the industry would soon be overwhelmed by the regulatory and tax extremes of those unsympathetic to residential construction.

THINK WASHINGTON FIRST!It’s time to push those good people considering runs for local office

to do it, and then to support them. It’s time to individually support candidates and political action committees (PACs) that support can-didates who understand that the impact of crushing regulation and

fees are only leading to increased costs and pricing Washing-tonians out of the market. (Most local HBAs have PACs

—support them, they do good work.)Looking at the state races, the Washington Af-fordable Housing Council (WAHC) will be making endorsements next month at the BIAW Board of Directors meeting in Wenatchee. Legislative endorsements come from local HBA recommen-dations. The entire state House is up for election and half of the state Senate will be campaigning

for your vote. These last few years of having the backstop of the Senate Majority Coalition Caucus

has been extraordinarily helpful—and has helped move the state House to take less tax and spend votes

since increased taxes have not been welcome in the state Senate. It’s imperative to keep this backstop and continue push-

ing the House in that direction.

YOUR VOTE MATTERSEach BIAW member’s individual commitment

to change the landscape of Washington state and local lawmakers can make a difference. It makes sense to contribute to the people and PACs that represent your industry.

BACK LOCAL, STATE CANDIDATES THAT STAND UP FOR THE HOME BUILDING INDUSTRY

LOCAL CANDIDATES MATTERYOUR SUPPORT IS CRITICAL

Presidential PrimaryMay 24

State PrimaryAugust 2

General ElectionNovember 8

// JAN HIMEBAUGHGOVERNMENT AFFAIRS DIRECTOR

BUILDING INSIGHTwww.BIAW.com

8

Because it [the team’s success] points to some-thing that we take tremendous pride in — it’s about finishing. It’s not just finishing the fourth quarter, it’s finishing the season, it’s finish-ing the plays, it’s finishing every-thing.

—Coach Pete Carroll’s philosophy on leading the Seahawks.

ROBUST REFUNDTHIRD CONSECUTIVE YEAR OF A 39 PERCENT OR MORE RETURN

2014-’15 PLAN YEAR ADJUSTMENT

3rd FINAL ADJUSTMENT 2nd ADJUSTMENT 1st ADJUSTMENT 2012- ’13 PLAN YEAR 2013- ’14 PLAN YEAR 2014- ’15 PLAN YEAR STANDARD REFUND STANDARD REFUND STANDARD REFUNDGROUP PREMIUM PERCENT PREMIUM PERCENT PREMIUM PERCENT

BIAW $47,872,006 39.7% $56,334,077 40.3% $65,006,137 39%ABC Western WA $17,200,063 39.2% $19,887,778 39.2% $19,840,305 33.3%Dream Team $22,617,456 38.4% $22,529,618 48.3% $27,905,389 46.8%SWCCA $1,501,701 36% $1,582,106 46.1% $1,898,074 48.2%AGC $38,167,445 27.5% $46,789,893 34.3% $53,992,794 30.9%A Team $43,693,120 20.6% $40,547,630 23.9% $45,117,396 36.7%GRIP $38,249,819 13.2% $43,208,173 35.1% $43,266,451 39.6%WA Concrete & Aggregate $2,622,883 6.8% $2,666,259 15.1% $2,676,826 -9.7%TCCC $4,481,369 4.6% $5,106,646 28.6% $5,861,568 33.9%ABC Inland Empire* N/A N/A N/A N/A $4,460,094 48.4%

Just before going to press, BIAW learned the R.O.I.I.® Select 2014-15 plan year’s first year adjustment refund is an exceptional 39 percent! This is the third year in a row R.O.I.I.® Select has earned a hefty return of 39 percent or more in the first adjust-ment. The chart below shows R.O.I.I.® Select outperforms our competitors with steady returns, while offering leading-edge claim solutions.

R.O.I.I.® Select’s team of experts work tirelessly for better outcomes: better outcomes for employers, better outcomes for injured workers, better outcomes for the system, and better outcomes for our retro group.

R.O.I.I.® Select’s experience and expertise is crucial to companies who want help controlling claim costs

when they do occur and, more impor-tantly, identifying preventive mea-sures to stop claims from happening in the first place…because the best claim is no claim at all. The program provides outcome-based claims and prevention strategy, cutting-edge return-to-work options and a made-to-order personalized approach to workers’ comp solutions.

Working together with member participants to keep claim costs low and prevent workplace injuries has resulted in R.O.I.I.® Select becoming an elite level retro program in the state.

There’s still time for BIAW mem-bers to enroll! Contact R.O.I.I.® Select at (360) 352-7800, enroll@biaw.com, or www.BIAW.com to learn more.

*Group’s first plan year. Previously part of ABC Western WA

Source: Department of L&I, April 2016

Like Coach Carroll, R.O.I.I.® Select also believes in finishing. While our team strives to get the best first adjustment outcome we can, we know the game is not over at first adjustment. Our team works tirelessly over the course of all three adjustments to finish strong, providing our member participants with the highest quality service, as well as the largest refund.

Quote of the Month

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MAY ’16VOL. 26, ISSUE 5

OUTCOME-BASED CLAIMS ASSISTANCE

CLOSING CLAIMS QUICKLY AND EFFICIENTLY

RETURN TO WORK OPTIONS PROGRAM

UNIQUE OPTIONS RESULT IN BETTER OUTCOMES

RISK MANAGEMENT SERVICES

REDUCE INJURIES AND CONTROL LOSSES

SAFETY SERVICESPREVENTION IS KEY TO LOWER COSTS

Does your retro program work for you and contribute to the suc-cess of your company? Compare the services of R.O.I.I.® SELECT with your current retro program and decide who you should hire.

L&I AUDIT ASSISTANCEA PLAN OF ACTION FOR L&I AUDITS

Does YOUR retro program offer the same?

DARE TO COMPARE

When Master Builders Association of Pierce County member and R.O.I.I.® Select participant Joel VanDerPuy, took a financial hit to his bot-tom line from two workers’ comp claims within two years, he thought he might have to sell and retire early after 35 years in business.

In 2015, VanDerPuy’s janitorial cleaning company, Service Master Services in Tacoma (an independent franchise), incurred a devastating increase of $25,000 in workers’ comp premiums from the Department of Labor & Industries (L&I) because of the individual claims in 2011 and 2012. At the beginning of this year, his L&I workers’ comp premium increased an additional 25 percent.

On one of the claims, his employee had only been on the job for three days before report-ing an injury. It came out later this worker had a history of similar injuries at other jobs. L&I still approved a full knee replacement for the employee, resulting in a permanent partial dis-ability which affected VanDerPuy’s premiums.

“When you try to deal with the claims directly with L&I, you feel like you are on an island. They don’t hear your side of the story,” said VanDerPuy.

BIAW’s R.O.I.I.® Select, however, had some assistance to offer. As a participating mem-ber in R.O.I.I.® Select since 2004, VanDerPuy had a good track record. The R.O.I.I.® team not only helped protest the employee’s knee injury claim, but also worked with VanDerPuy when they spotted the L&I premium increase. The team reviewed his claim history with him, laid out the timing of the increases and what changes he could make to help reduce his future rates.

They shared with VanDerPuy how to imple-ment better hiring practices to find the right people for positions and suggested safety seminars to learn about new approaches to use in his company.

VanDerPuy “worked the program” by follow-ing the steps provided by the R.O.I.I.® Select

team. Injury claims at his company have been substantially reduced and, if this trend continues, his L&I premiums should decrease 28 percent at the beginning of next year.

“As a small business, you feel like no one listens, but you are not alone. BIAW’s retro program helps you through it so you can get back to work,” said VanDerPuy.

‘YOU’RE NOT ALONE’HOW ONE COMPANY WAS INSPIRED TO CHANGE ITS PRACTICES TO REDUCE WORKERS’ COMP COSTS

R.O.I.I.® SELECT MEMBER PARTICIPANT TESTIMONIAL

CLAIM INVESTIGATIONSAND LITIGATION

RELENTLESS PURSUIT OF THE BEST OUTCOME

BUILDING INSIGHTwww.BIAW.com

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CLAIMDISMISSAL OF CASE RESULTS IN SAVINGS OF NEARLY $1 MILLION

BIAW’s R.O.I.I.® Select staff is diligent when it comes to the investigation, litigation and resolution of claims. In this month’s column, we give an update on a successful case that resulted in significant savings to R.O.I.I.® Select, and ultimately, all mem-bers in the program.

INVESTIGATIONS AND LITIGATION

As of the date of this article, the R.O.I.I.® Select Litigation and In-vestigations team have been han-dling 43 docketed appeals on 33 separate claims at various stages of litigation. During this period, we also “cleared” several appeals on six

separate claims. Of those, four were resolved with orders on agreement of parties (a settle-

ment between the parties) and three resulted in voluntarily dismissal of the appeals right after our arrival.

Recently, our R.O.I.I.® Select litiga-tion team traveled to Yakima for an initial appearance in a case where a worker was appealing the rejection of his claim. His claim was originally allowed by the Department of Labor & industries (L&I) but thankfully our claim representative noticed a medical report indicating he had hurt himself long before he filed his claim. Acting on this information, the claim specialist convinced L&I the claim should be rejected because it had not been filed within the one year statute of limitation for filing of a claim.

At the mediation conference before the Board of Industrial Insurance Appeals (BIIA), the worker presented his own case without an attorney and appeared along with his wife and a board-appointed Spanish language interpreter. Regardless of the judge directing the questions to the worker, his wife either answered for her hus-

band or directed him what to say (de-spite the presence of the interpreter). Our litigation team vehemently objected to the wife’s interference and “testimony” and the judge finally agreed. Ultimately, after nearly two hours of mediation, BIAW requested the case move forward to the BIIA hearings judge as it was clear further discussions would not be fruitful. At that point, knowing he would have to testify under oath and that his wife wouldn’t be allowed to act as his ad-vocate, the worker moved to dismiss his appeal.

This was an important win for R.O.I.I.® Select and the employer be-cause based on the worker’s age, ed-ucation, language barriers and injury, this case would have likely resulted in a costly pension being granted to the worker. The strategic response by the R.O.I.I.® Select team resulted in an estimated savings of nearly $1 million for the employer and the R.O.I.I.® Select program, which would have been paid over the lifetime of the worker.

R.O.I.I.® Select staff gathers outside the BIAW office. (l to r) Top row: Ben Bower, Kevin Patrick, Dave Ducey, Kyle Maxwell, Alan Gruse, Bob White and Mark Shaffer. Middle row: Theresa Mullan, Ryan Legaspi, Jessica Matriotti, Laura Poyer, Korey Wolf-Sirrin, Kristeen Johnson, Teresa Sheldon. Bottom row: Sara Henke, Raj Rohila, Amy Sutton, Jenn Kavanaugh, Chloe Kauffman, Ibis Myers, Linsey Bailey, Frank Romero.

R.O.I.I.® SELECT STAFF WORKS HARD FOR MEMBER PARTICIPANTSCREATING BETTER, SAFER COMPANIES #1 PRIORITY

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MAY ’16VOL. 26, ISSUE 5

See STREAMLINING on page 14

NEW ROADMAP PROCESS WILL REDUCE REGULATORY UNCERTAINTY FOR HOME BUILDING INDUSTRY

STREAMLINING GOVERNMENTGROWING THE INDUSTRY

// SENATORSHARON BROWN

GUEST COLUMNIST

Small businesses are the engine of growth, and ultimately, it is small business entrepreneurs and other employers who will

create the jobs Washington’s economy so desperately needs.

State government also has a role in job creation: To partner with employers, and not be their biggest obstacle.

To move closer to that objective, I inserted language into this year’s budget agreement which directs the Department of Commerce to create a regulatory roadmap for the construction industry. No other industry was hit harder during the Great Recession, and

unlike other sectors, construction hasn’t fully recovered.

A NEW ‘ROADMAP’As part of this “roadmap” process, the state will partner with

local and state agencies to improve the industry’s regulatory ex-perience—by developing and promoting regulatory streamlining as well as best practices and tools that decrease the time, costs and uncertainty for businesses complying with local and state requirements.

The research needed to direct the plan includes group dis-cussions, interviews, literature reviews, and surveys focused on general business concerns.

The many employers with whom I have visited share one sentiment: The high (and rising) cost and unpredictable nature of state regulations simply make operating a business too expen-sive.

These employers often point to:n A lack of clear information and standardsn An absence of predictability and certaintyn Confusing, duplicative, conflicting requirements n Difficulty anticipating and managing regulatory requirements. My passion for wanting to support the construction industry

stems from having represented several of its members during my years as a practicing attorney. Many of my clients needed legal assistance, not because they woke up one day and decided to break the law, but because the convoluted web of regulations can make it nearly impossible at times for a business to comply.

These clients were instructed by one agency to do one thing,

only to have another agency say something com-pletely different. Sometimes people within the same agency would provide conflicting advice. A clear path forward is essential.

REDUCING BURDENS ON SMALL BUSINESS As chair of the Senate Trade and Economic

Development Committee, I’m fighting to shrink government while streamlining the way it inter-acts with businesses. A business that has fewer regulations to deal with has more time and re-sources to expend elsewhere. That translates into a reinvestment in the business (i.e. creating jobs) and putting more people to work. That’s been my top priority from day one.

In recent years, lawmakers have taken steps to provide regulatory relief. Among them:

• Senate Bill 5923 (2015), a measure I spon-sored, promotes economic recovery in the con-struction industry by directing local jurisdictions to offer impact fee deferrals for the first 20 resi-dential building permits per builder per jurisdic-tion.

• House Bill 1403 (2013), which used lan-guage identical to my Senate Bill 5680, promotes economic development by reforming the Business Licensing Service. The BLS registers businesses, renews licenses and provides related services for approximately 40,000 businesses monthly. This measure required 13 more agencies to provide all their licenses online through the BLS website.

• Senate Bill 6045/House Bill 2192, known as the Transparency in Permitting Act (2014), requires state agencies to track the time to process busi-ness-permit applications and provide access to more information online. In doing so, the measure will create transparency and certainty for busi-nesses and accountability for agencies.

These ideas and others identified through the

BUILDING INSIGHTwww.BIAW.com

12

Jim Breidenbach, CAPS, CGR, owner of Craftsmen Construction, Inc., has spe-

cialized in design/build remodeling for the Spokane region since 1990. Breiden-bach is an active member of the Spokane Home Builders Association (SHBA), BIAW,

SHBA Apprenticeship Training and the City/County Industry Coordinating Council. Breidenbach promotes and teaches companies to achieve a competitive edge through education. In addition, Breiden-bach is also a National Association of Home Builders (NAHB) instructor.

Ted Clifton, CGB, MCGP, owner and founder of Clifton View Homes, Inc.

and Zero-Energy Plans, LLC, has been involved in the building industry for over 45 years. As a custom homebuilder and designer, Clifton continues to be at

the forefront of the green building move-ment. Zero-Energy Plans has earned over two dozen Department of Energy (DOE) home awards during the past three years and four additional builders have earned DOE awards using his floor plans. He is the recipient of the 2009, 2010, 2011 and 2012 Energy Value Housing Award (EVHA); 2011 EVHA Remodeler of the Year; and 2009, 2011, 2012 National Green Build-

You may have seen information about classes offered through the BIAW Education Program, but we would like to take a moment to highlight the instructors who teach our classes. We believe they offer something special. They have just the right mix of personality and knowledge that make classes informa-tive and interesting.

BIAW would not have an award-winning education program if it were not for the instructors. In fact, most of them have personally won local, state and national awards for various education-related topics. Please take a moment to read their background and expertise to see what makes them standout as edu-cators. Remain part of the growth and future of the homebuilding industry by registering for a class today.

Check out the education calendar at www.BIAW.com.// AMANDA FIELDS

EDUCATION PROGRAM DIRECTOR

Kris Alberti, CAPS, CGP, Executive Director of the Northwest Independent

Contractors Association, enjoys her various roles as manager, instructor, and mentor. Alberti has over 20 years of construction industry-related experience: commercial flooring, owner/

general contractor for spec, custom and green homes and a roof truss manufac-turing plant specializing in structural building components. In 2005, Alberti transitioned to consulting work and is an OSHA 500 Safety, EPA Certified Lead Renovator, OSHA Disaster Site Worker, First Aid/CPR certified, and Apprenticeship and NAHB Instructor.

Dale Armstrong, CGB, President of Orca Remodeling and Plumbing Services, LLC,

is a past president of the Kitsap Builders Asso-ciation and a vigorous promoter of BIAW’s Edu-cation Program through-out the state. Armstrong’s

professionalism and countless years of experience have won him numerous local, state and national awards. Armstrong is an outstanding public speaker who enjoys sharing his 20+ years of experience with other industry professionals.

COMMITTED EDUCATORSGIVING BACK

BIAW INSTRUCTORS DEVOTE TIME, TALENT AND EXPERIENCE TO FUTURE OF INDUSTRY

ing Award Winner for Concept/Research. He currently serves as BIAW first vice president, NAHB director and a member of NAHB’s Education committee and the En-ergy and Green Building sub-committee.

Daimon Doyle, has been a construction professional for more than two decades.

A builder, remodeler and building-science expert with Viridian Northwest, he is approved to teach NAHB designation classes and was awarded the 2012

NAHB Green Instructor of the Year. Doyle is also an accredited RESNET HERS rater and Energy Star, Indoor airPLUS and Built Green® verifier. Doyle was instrumental in launching the Olympia Master Builders Association’s Built Green® program and currently services as president of Built Green® Washington. Doyle applies build-ing science principals to improve products without breaking the bank.

John Erdman is a decisive executive trainer and speaker with broad skills and

extensive experience. He is an articulate, ethical and persuasive leader who in-spires others to better per-formance and to positively impact bottom line profits.

Erdman is a positive team player and a re-sourceful problem solver; he has a proven

13

MAY ’16VOL. 26, ISSUE 5

dent of the MBA of King and Snohomish Counties.

Larry and David Linville, Linville Law Firm, PLLC, is a close-knit law firm located

in downtown Seattle and provides legal services to contractors, owners, develop-ers, suppliers, architects and engineers. Linville Law Firm’s expertise centers around commercial and residential

construction projects, recording of liens, foreclosures, construction defect claims, real estate transactions, formation of busi-nesses, preparation of contracts, contract disputes, debt collection, employment matters, tax audits and assessments. The Linvilles always have something special to offer, whether it be unique education, experience or insight.

Dave Porter, CAPS, MIRM, CMP, CGP, PorterWorks, Inc., is a marketing/finance

expert, trainer and busi-ness coach with over 30 years experience. Porter is also a nationally-recog-nized speaker, trainer and writer. He has presented for

several organizations including NAHB, the National Association of Realtors (NAR) and BIAW. In addition to teaching courses for BIAW, NAHB and NAR, Porter specializes in marketing, financing, best practices and sustainability, energy efficiency and uni-versal design properties. Porter recently earned his Six Sigma Green Belt and was recipient of NAHB’s 2014 Sales & Market-ing Instructor of the Year.

Joe Teeples, We’re Into Safety, has been providing safety training for over 30

years. Teeples’ experience as a director of the OSHA Training Institute Education Center has proven invalu-able to clients who use his skills and knowledge to

maintain a safe work place and comply with federal and state regulations. Teeples is well versed in construction, machine

guarding and electrical. Teeples’ Disaster Preparedness course provides valuable in-sight for companies that need to develop a continuity of operation’s plan. Teeples has created a consultant’s business book for those who want to start a successful safety consulting firm.

Ed van der Bogert’s passion for edu-cation led him to leave his construction business, Ideas Construction, Inc., and into

the teaching field at Ed-monds Community College (ECC). With over 40 years of experience and expertise in the construction field, van der Bogert was named the

first chair of ECC’s Construction Manage-ment Department. He has an MS in Educa-tion and a BA in Psychology from Syracuse University. Now retired from his position at ECC, van der Bogert is enjoying the fruits of his labor. In his spare time, van der Bogert traced his family’s history in the construction trade back to Holland in 1635. It’s no wonder why van der Bogert is so passionate about the industry.

Alex Zimmerman, Creative Courses, LLC, is a certified professional in Erosion

and Sediment Control Lead and brings over 20 years of large scale construction ex-perience to his classes. Ap-proved by the Department of Ecology as an instructor

for Certified Erosion and Sediment Control Lead (CESCL), Zimmerman has been recognized by associations and agencies for his professional course preparation and delivery. Focusing on productive site management, large disturbance, linear and single-family construction as well as restoration and emergency landslide repair, his experience adds to his infor-mative trainings in real world compliance issues for construction sites. Zimmerman assists project teams with planning and site audits to identify potential problems more effectively and to ensure regulatory compliance.

reputation for succeeding where others have failed. For over 30 years, Erdman has helped thousands of career-minded professionals reach their goals for suc-cess through instruction on enthusiasm, effective speaking, human relations, sales techniques, customer relation concepts, personal development, management methods and self image psychology. Erdman’s high performance speeches have motivated thousands toward self improve-ment and success.

Diane Glenn, CGP, has spent her entire career working in the construction indus-

try. Her company, Construc-tion Consultants of Washing-ton, LLC, has been featured in Big Builder and the Seattle Daily Journal of Commerce for highlighting the benefits of

third-party inspections. Glenn has served as a BIAW director, president of the Master Builders Association (MBA) of King and Snohomish County’s Education Foundation and is active in MBA’s Built Green® Pro-gram. Glenn is a building enclosure spe-cialist and a Built Green® Verifier. Glenn also serves on Washington’s State Building Code Council as a builder representative.

Joseph Irons, CAPS, CGR, GMB, CGP, GMR, founder/general manager of Irons Broth-

ers Construction, Inc., has transformed his company into a national, state and local awarding-winning design/build firm. Irons has been a BIAW and NAHB

instructor for over six years, using his experience to educate, mentor and guide industry professionals across the nation. Irons’ stalwart commitment to educa-tion has earned Washington’s first, and currently only, Graduate Master Remodeler (GMR), NAHB’s highest designation for remodeling. Irons believes that “Build it right the first time,” “Treat others how you would like to be treated,” and “Honesty is the foundation of integrity,” are the keys to success. Irons currently serves as presi-

BIAW EDUCATION PROGRAM INSTRUCTORS

BUILDING INSIGHTwww.BIAW.com

14

HAPPENINGSMYRA WILLIAMSPASSES AWAY

Myra Williams surrounded by BIAW’s senior offi-

cers (l to r): Ron Pelson, Ted Clifton, Dave Main,

Monty Smith and Kevin Russell.

A

C

B

STREAMLINING from page 11

Myra Williams was one of

BIAW’s most prolific recruit-

ers, earning the Omar Brown

Award for Top Spike honors in

2010, 2013, and 2014.

roadmap process will help state government serve businesses better. That means making it easier, more predictable and less costly to do business in Washington by reducing the burdens our employers face from over regulation; streamlining the process for permitting; and providing certainty for those starting or expanding a business.

Here’s a novel concept in this day and age: Let’s create an environment where businesses can thrive!

Senator Sharon Brown, R-Kennewick, represents the 8th Legislative District and chairs the Senate Trade and Eco-nomic Development Committee.

It is with a heavy heart that we announce that Myra Williams, BIAW’s 2016 Second Vice President, recently passed away.

A Master Builders Associa-tion of King and Snohomish Counties (MBAKS) member since 2004, Myra was an active and consummate recruiter of new members, earning Top Spike status three times, and was involved in numerous committees and councils at BIAW and MBAKS. She served as a BIAW director for seven years and achieved Grand Spike Status with over 1,200 Spike credits.

As owner of Baskets by Myra for 14 years, she was always willing to step in to help with events and projects for her

local asso-ciation and BIAW. Her energy and warmth made a memorable impression on everyone she met. She will be missed.

[A] Longtime Building Industry Association of Clark County members Faith Ivie and Tracy Doriot receive Spike Lifetime Achievement awards during BIACC’s Membership Awards ceremony last month. [B] Attend-ees of BIAW’s Code Updates sold-out class are all ears as changes in the codes are explained. [C] Visitors to Olympia Master Builders two-day The Big Home Garden Show increased 22 percent over last year’s event along with a 10 percent increase in vendor participation.

15

MAY ’16VOL. 26, ISSUE 5

In 2015, suburban counties grew by almost 1% to 159 million people, while urban counties grew by 0.8% = 77 million. In the last decade, cities grew faster than suburbs only once, in 2011. In 2014 and 2015, high-density and low-density suburbs again grew faster than cities as was the case prior to 2011. Population growth in the South and West was 1.2%; just 0.2% in the Northeast and Midwest.

—Elliott F. Eisenberg, Ph.D. GraphsandLaughs, LLC

www.econ70.com

LISTINGS PENDING SALES CLOSED SALES NEW & ACTIVE % CHANGE MEDIAN % CHANGE MONTHS OF NEW ’16 ACTIVE ’16 % CHG VS ’15* MAR ’16 VS MAR ’15* CLOSED SALE PRICE MEDIAN PRICE* INVENTORY

Chelan 109 248 -8% 89 33 47 $249,500 -2% 5.28Clallam 87 219 -23% 71 -19 63 $210,000 2% 3.48Clark 37 66 -14% 47 -28 30 $265,000 18% 2.20Cowlitz 130 197 -51% 171 -4 100 $182,000 3% 1.97Douglas 64 96 -3% 43 30 27 $225,000 -12% 3.56Ferry 14 56 -5% 5 67 3 $120,000 122% 18.67Grant 117 364 -14% 113 -10 78 $157,300 1% 4.67Grays Harbor 162 514 -13% 138 -1 93 $137,950 4% 5.53Island 241 362 -25% 218 3 124 $300,000 22% 2.92Jefferson 74 218 -29% 60 -22 41 $304,300 17% 5.32King 3,839 2,700 -25% 3,766 -9 2,570 $458,450 11% 1.05Kitsap 482 566 -33% 559 4 352 $276,387 15% 1.61Kittitas 113 247 -37% 82 -19 60 $249,995 6% 4.12Lewis 132 395 -27% 124 -2 71 $168,000 1% 5.56Mason 138 358 -24% 132 0 70 $182,500 25% 5.11Okanogan 69 292 -17% 40 3 31 $175,000 9% 9.42Pacific 86 246 -15% 55 -20 38 $138,000 18% 6.47Pierce 1,697 1,824 -34% 1,980 -3 1,267 $261,000 9% 1.44San Juan 35 253 -7% 30 -14 16 $568,000 13% 15.81Skagit 257 429 -13% 279 10 162 $276,750 13% 2.65Snohomish 1,621 1,267 -29% 1,825 -6 1,156 $365,000 14% 1.10Thurston 520 733 -31% 594 6 369 $236,500 4% 1.99Whatcom 445 858 -12% 437 2 281 $285,000 10% 3.05Others 42 145 -32% 42 50 26 $119,250 -2% 5.58

TOTAL 10,511 12,653 -26% 10,900 -4 7,075 $320,000 9% 1.79

SINGLE FAMILY AND CONDOS | NORTHWEST MULTIPLE LISTING SERVICE MARKET ACTIVITY SUMMARY | MARCH 2016

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SINGLE MULTI MAR YTD MAR YTD FAMILY FAMILY 2016 2016 2015 2015BENTON 104 8 112 287 90 229CHELAN 23 0 23 53 13 28CLALLAM 9 0 9 38 12 32CLARK 259 138 397 849 151 603COWLITZ 15 0 15 32 10 23DOUGLAS 18 0 18 31 15 35FRANKLIN 33 4 37 97 57 137GRANT 26 92 118 276 N/A N/AGR. HARBOR 11 0 11 38 3 8 ISLAND 25 0 25 57 12 40JEFFERSON 21 0 21 47 7 22KING 373 472 845 2,581 1,221 2,540KITSAP 61 8 69 197 27 66KITTITAS 28 2 30 55 7 20KLICKITAT 7 0 7 13 N/A N/ALEWIS 5 0 5 25 11 22LINCOLN 4 0 4 11 N/A N/AMASON 10 0 10 30 10 20OKANOGAN 11 0 11 15 8 14PACIFIC 5 0 5 11 N/A N/APIERCE 245 306 551 1,121 281 791SAN JUAN 9 0 9 17 6 15SKAGIT 32 0 32 86 19 59SKAMANIA 5 0 5 9 2 13SNOHOMISH 327 112 439 997 147 541SPOKANE 166 284 450 751 56 302STEVENS 8 0 8 16 0 0THURSTON 96 20 116 288 56 186WALLA WALLA 11 0 11 27 7 16WHATCOM 49 36 85 192 47 93WHITMAN 3 60 63 73 5 62YAKIMA 30 0 30 53 12 26

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Building Industry Association of Washington

111 21st Avenue SW | Olympia, WA 98501

(360) 352-7800 | BIAW.com

BACON MAINTENANCE

SERVICES LEGACY SPONSOR

BIAW’S SUMMER BOARD MEETING IS JUST AROUND THE CORNER

Celebrate the best of the best remodeling projects from across the state.Wednesday, June 22 | 6:30 pm | Open to all

EXCELLENCE IN REMODELING RECEPTION

FEEL THE PEACE, LOVE & JOY

SPIKE PARTY

By BIAW Spike Chair Debbi BoydIf you haven’t heard, the fab 2016 Spike Party will

be held from 7 p.m. to 9:30 p.m. on Thursday, June 23 at the Wenatchee Convention Center during BIAW’s Summer Board meet-ing. As your Spike Chair, I am making it my mission to make everyone feel the Peace, Love & Joy, the 60s theme for the event, all night long!

This year several rad things are planned, so all you cats and skirts plan to get decked out with your groovy threads and pedal pushers and rap—you may even win a trophy! I promise you a far out experience.

HOW YOU CAN QUALIFY n To qualify to attend the Spike Party, you must be a Spike (earned six Spike credits) and recruited at least one new member between May 1, 2015

and April 30, 2016. Or have earned at least 100+ Spike credits as of 5/30/16.n Non-qualifiers can purchase a ticket for $40 (before 6/1) and $55 (after 6/1).

Qualifying Spikes and their guest receive two complementary drink tickets and one raffle ticket upon entry. Non-Spikes receive one raffle ticket. Prizes and gift baskets will be raffled throughout the night.

BE A SPIKE PARTY SPONSOR!Please help us thank all the Spikes

who have worked so hard recruiting members by becoming a Spike Party Sponsor! Sponsor levels include

$1000, $750, $500, and $250, or donate a raffle prize. Contact Amanda Fields at 360-352-7800, x114 or aman-daf@biaw.com.

AAA KARTAK Glass & Closet

PEACESPONSOR

SKAGIT/ISLAND

COUNTIES BAHIPPIE

SPONSOR

HBA OF TRI-CITIESGROOVY

SPONSOR

WHITEHOUSE & NICHOLS

GROOVY SPONSOR

CREATIVE ELEGANCE

HIPPIE SPONSOR

OLYMPIAMASTER BUILDERS

HIPPIE SPONSOR

NABERLY, INC.HIPPIE

SPONSOR

SAVE THE DATE

GENERAL MEMBERSHIP LUNCHEON

2ND ANNUAL CORNHOLE TOURNAMENT

WHISKEY TASTING BUILD-PAC FUNDRAISER

Join our special guest speaker and fellow industry professionals for lunch.Thursday, June 23 | 11:30 am | $20 per person

Q: What do you get when you take turns tossing bags of corn at a raised platform with a hole in the far end? A: BIAW’s annual Cornhole Tournament!

Thursday, June 23 | 4:30 pm | $10 per person

Experience the wonderful world of whiskey, bourbon, Canadian Rye and Scotch during the Whiskey 101 & Whiskey 102 tasting.

Thursday, June 23 | 5:00 pm | $100/$200 pp donationCoast Wenatchee Hotel (connected by skybridge with Wenatchee Convention Center)

Plan to attend BIAW’s summer board meeting in Wenatchee. Join us for three information-packed days of meetings, seminars,

workshops, and celebration events. June 22, 23 & 24 | Wenatchee Convention Center

PHASE II

GENERAL CONTRACTORLEGACY

SPONSOR