What’s News…

July/August 2011

Building Insight

Which rooferwould you hire? Page 5.

NAHB’s Jerry Howard visits SICBA event.Page 9.

State Supreme Court punts on rural density issues

“”

See PUNT on page 6

The State Supreme Court recently dealt a blow to the home building in-

dustry by sending Kittitas County’s new Comprehensive Plan back to the drawing board. This was the result of more than four years of legal wrangling between the County and Futurewise, with BIAW and local builders participating as inter-venors. The end result is that the wait for a new Comprehensive Plan has been extended, resulting in greater uncertain-ly for the home building in-dustry and supporting busi-nesses. A new Plan will likely go back before the Growth Board in 2012.

Futurewise had sued Kit-titas County in 2007 be-cause they assert the Com-prehensive Plan failed to adequately protect rural areas. BIAW, the Central Washington Home Build-ers Association (CWH-BA) and CWHBA member Mitch Williams intervened. BIAW weighed in to protect the ability of local jurisdictions to implement cluster platting and planned unit developments, and to clarify what constitutes “rural” character for land-use planning.

Unfortunately, the Court sent most of the issues back to the County to re-write (and re-justify) significant parts of their Comprehensive Plan. Because the Court found that fundamental aspects of the County’s Plan failed to comply with the Growth Management Act, they did not consider the issues that were important to the BIAW, CWHBA, and Mitch Wil-liams.

Court Says the County Failed to Show it Protect Rural Character

The lynchpin of the decision is the Court’s finding that the County failed to adequately explain and justify its deci-sion-making. The Court also granted sig-nificant deference to the Growth Board in doing so.

First, the Court said that the County failed to develop the requisite written re-cord explaining its rural element. The Su-

preme Court then sent the issues dealing with Rural Density back to the Coun-ty for further consideration. The Court said “we remand to the Board to reconsider the fact-intensive issue of rural density, recognizing the unique qualities of the County, once the County has complied with GMA re-quirements, consistent with this decision.”

The Court also found that Kittitas County’s Plan failed

to adequately protect rural character and that the County’s Plan failed to provide a variety of rural densities, and the County must now add this to its Plan. The Coun-ty’s Plan also fails to adequately protect agricultural land, and the County’s subdi-vision regulations fails to adequately pro-tect water resources. The water resources element could cause significant problems for home builders as local jurisdictions cannot effectively plan without getting a sign-off from the Department of Ecol-ogy under this decision. This case there-

This case therefore turns the GMA on its

head—what was meant as a bottom-up plan-ning tool becomes a top-down mandate with state agencies telling local jurisdic-

tions how to plan.

continue to plague the home building industry

LEGAL ISSUES

President’s Letter

Odds and ends

Patrick McBridePresident

2 Building Insight | July/August 2011

The majority of the 2011

Legislative ses-sion (including

a Special Session) focused on balancing the state’s budget (a $5.1 billion shortfall) which gave the homebuilding industry a short reprieve from its usual attacks (greedy builders need to pay) and excessive regula-tions and fees being unnecessarily tacked on to the cost of building a home. Howev-er, I am concerned this will be short-lived with the upcoming 2012 Legislative ses-sion.

The state’s operating budget continues to rise and revenue growth is stagnant—another budget shortfall is just waiting in the wings.

In addition to the state’s lack-luster eco-nomic outlook, the nation’s economic woes continue. The last three years of President Obama’s misguided focus on healthcare reform and a failed $850 billion stimulus plan to create jobs, has saddled the econ-omy with needless burdens. The last thing Washington state needs, or the nation for that matter, is more regulations and more taxes.

This combination of state and nation-al economic malaise will undoubtedly put pressure on the Legislature to come up with more spending cuts and additional revenue (i.e., taxes and fees) to fill this inevitable gap. They never seem to focus on balanc-ing the budget.

The number one focus of the 2012 Leg-islative session should be on how Washing-ton state can help small businesses create jobs. They could take a page from Texas Governor Rick Perry’s playbook: “…The government does not create jobs, but they can create a positive environment for jobs to grow. Create an atmosphere that rewards risk takers and innovation without all the bureaucratic red tape.” (‘Texas created

more jobs than all other states combined in past 5 years,’ —Texas Public Policy Foun-dation)

Will this bill help or hinder job creation in our state? should be on the mind of ev-ery legislator as each bill is introduced, de-bated or voted upon. Mandated new home warranties, gutting vesting laws, imposing (or raising) impact fees, requiring union-ized residential subcontractors are just of few of the job-killing, bad ideas that have been promoted by legislators in the recent past. BIAW contract lobbyists and staff will be prepared and ready to defeat any potential harmful bills that may arise and compromise our members’ livelihoods.

According to a UW study done in 2006, government regulations, taxes and fees constituted 44% of the cost of a Seattle me-dian priced home. If the cost of a home is out of the reach of the home buying pub-lic, the building-buying-selling-revenue-generating cycle will be broken. For every single-family home built, $22,749 in taxes and fees for state and local governments are generated. Likewise, there are about 2.8 local full time jobs created for every single family home built, and roughly 1.3 full time jobs created for every multi-fami-ly unit constructed.

Reduce taxes and burdensome regula-tions, and you pave the way for business-es to create family wage jobs and generate revenue for state and local governments. It’s a win-win situation.

The health of the home building in-dustry is intrinsically intertwined as a ba-rometer of the state’s economic health. A healthy home building industry is a sign of a healthy Washington state economy.

Executive Officer Search CommitteeThe EO Search Committee has finalized

the BIAW Executive Officer’s job duties and responsibilities. These recommenda-

tions have been forwarded to the Executive Committee for their review. The Executive Committee plans to meet and discuss the EO Search Committee’s recommendations.

State Building Code Council RepThe BIAW Senior Officers met earlier

this month to discuss the vacant position on the State Building Code Council (SBCC)representing General Construction special-izing in residential and multi-family build-ing construction. The State Building Code Council was created to advise the Legisla-ture on building code issues and to devel-op the building codes used in Washington state. The SBCC consists of 15 members representing various aspects of the build-ing community and members are appoint-ed by the Governor. Several BIAW mem-bers have come forward and expressed their interest in serving on the Council. BIAW has forwarded these highly qualified candi-dates to the Governor’s office as appointees. BIAW members Larry Ward, Dave Baker and myself are former representatives hav-ing served on the Council. BIAW will keep you posted on the status of the appointment.

Another positive idea to result from the meeting was the possible creation of a Building Code Sub-committee (BCSC). The BCSC would report directly to the BIAW Legislative Policy Committee (LPC) on proposed Washington state building code changes, code revisions and building code policy changes. Recommendations would be presented to the LPC. The LPC would then review and forward these recommen-dations to the SBCC member representing residential and multi-family building con-struction. If any BIAW member would like to serve on the LPC Building Code Sub-committee, please contact BIAW LPC Com-mittee Chair Chris Deasy or BIAW Interim Executive Vice President Art Castle at 800-228-4229.

3Building Insight | July/August 2011

TrustValue

ServiceBenefits

Partnership

To learn more, call 1-800-545-7011, ext.6

It’s who we are.

Where’s the health insurance market?

Health Insurance Report

One of the first questions BIAW mem-bers ask when they are renewing with

their current plan or are comparing health insurance quotes is “What are other compa-nies doing?” Business owners want to know how they measure up to their competitors and others in the industry in terms of com-pensation and benefits. Af-ter all, most employers see company-pro-vided health insurance ben-efits as a means of attracting and retaining top talent for their businesses.

With all of the changes (federal and state reforms, rate increases, etc.) over the past few years, it has become more difficult than ever for the average employer to keep up to date on trends in health insurance and em-ployee benefits. Typically, busy employers only focus on such issues once each year when it’s time to renew coverage or when they shop for new health insurance options. The problem with this approach is that of-ten, at the time of plan renewal, there are short deadlines to be met, etc. and employ-ers can feel rushed into making decisions on important (and expensive) issues with-out spending the time necessary to make in-formed choices.

So, how can a business owner find out if he’s in the ballpark in terms of employee benefit plans? The easiest way is to utilize one of your most valuable BIAW member benefits and talk to a BIAW Health Insur-ance Program Benefit Consultant. BIAW Health Insurance Program Benefit Consul-tants can assist employers greatly as they assess their company benefit structure each year and make informed choices for the fu-ture. BIAW’s benefits team can help you to analyze your current health insurance plan (whether you’re with the BIAW program or another plan) and see how your company

compares to its competitors and others in the industry. They can also show you where you might save money and/or add value to what you are currently offering. If you’re already part of the BIAW Health Insurance Program, you know that you can call Capital Benefit Services at 800-545-7011, ext. 6, anytime to

discuss your current plan or to investigate other options for your April 1 renewal—you don’t have to wait until March to start thinking about this.

Not Yet Participating?For companies not yet participating in

the BIAW Health Insurance Program, you can contact a Benefit Consultant at Capital

Benefit Services at any time for program information, a quote or some advice on the best health insurance options for your company (the BIAW Health Insurance Program offers over 20 plans). You don’t have to wait until the crush of your plan’s annual renewal to take a look at this im-portant part of your business—if you have the time, call now.

To help you get a sense of what oth-er BIAW member companies are doing in terms of health insurance coverage for the 2011 program year, the pie chart shows you the most popular plans among employers. This information should give you an idea of how your company’s ben-efits stack up against other businesses—this can assist you in determining if your current benefit lineup is where it needs to be in terms of attracting and retaining employees (and whether you’re over or under-spending). If you have any ques-tions about the information provided or would like to learn more about the BIAW Health Insurance Program, please call Capital Benefit Services at 800-545-7011 ext. 6.

18%

10%

18%

4% 1%

12%

37%

Less than $500$500

$1000$1500$2000$3000$5000

Deductibles

Deductible Choices byBIAW Health Insurance Program Participants

$2000

$1000

$500

$1500

$3000

$5000 <$500

4 Building Insight | July/August 20114

Claims Report

Modified-duty, transitional jobs prove cost effective n Stay at Work Program reimburses employers for initial costs

Kristeen JohnsonLoss Control Field Representative “”

“Lower claims costs can also result in higher refunds for participants in the BIAW

R.O.I.I. Select program.”

Legislation passed during the 2011 legislative session and signed by

Governor Gregoire authorized the Wash-ington State Department of Labor & In-dustries (L&I) to create a new Stay at Work incentive program that encourages employers to bring their injured workers quickly and safely back to modified-duty transitional jobs, by helping cover their initial costs.

If eligible, the Stay at Work Program can reimburse employers up to 50 per-

cent of the injured worker’s wage, and for the cost of instruction, tools and clothing the worker needs to do the modified-duty transitional job.

Are You Eligible?You may be eligible if you: n Have a worker who has been re-

leased by their health care provider, with medical restrictions, for a modified-duty transitional job while recovering from a workplace injury.n Can offer a modified-duty transi-

tional job to the worker that is approved by the worker’s health care provider and are within the worker’s medical restric-tionsn Have an employee injured while

working part-time or at a seasonal/

temporary job

What are the Benefits?There are four basic reimbursements

available to employers:Wage subsidies: L&I will pay for 50

percent of the worker’s basic, gross wag-es, up to $10,000. The subsidy is limited to 66 days within a consecutive 24-month period.

Clothing: If the worker needs any spe-cific clothing to the job—up to $400.

Tools: If the worker needs any tools to do the job—up to $2500.

Instruction: Any tuition, books, or materials needed to prepare the worker for the job—up to $1000.

These costs are separate from the $10,000 in gross wages available for re-imbursement. Your total reimbursement could be up to $13,900.

Paying an injured worker his full wages while in a modified-duty transitional job is a cost effective way employers can control the cost of their L&I premiums. Receiving reimbursements will not affect your work-ers’ comp rates.

Lower claims costs can also result in higher refunds for participants in the BIAW R.O.I.I. Select program.

In the past, small- and medium-sized companies may have struggled to pay full or partial wages to an injured worker while on modified-duty transitional work.

Now, all companies, regardless of size, may be eligible to qualify for Stay at Work Program reimbursements, helping you re-cover these costs.

How To Receive a ReimbursementTo receive a reimbursement, employers

can submit an application to L&I. Be sure you save/have documentation of the fol-lowing:n Documentation from the injured

workers’ health care provider showing the worker could not return to the job they were doing at time of injury; l the injured worker is released for

modified-duty transitional work; l the modified-duty transitional job is

within their physical restrictions; and,l your modified-duty transitional job

offer, in writing, to the injured worker and his acceptance of the offer.n Receipts for tools, clothing and in-

struction you provided.n Time and payroll records that de-

tail the hours and wages of your injured worker while performing the modified-du-ty transitional work.

“L&I’s goal is to have the Stay At Work Program up and running soon,” according to their website. Once the program is in place, employers can expect to be reim-bursed within 30-60 days of the date L&I receives your reimbursement form.

How BIAW Can HelpIf all of this sounds confusing to you,

don’t worry, BIAW can help.If you have any questions regarding

the Stay at Work Program, you can con-tact me at 800-228-4229, or your ROII Select Claim Specialist. Just match up the first letter of your company with the claim specialist and make the call (see chart on page 5).

5Building Insight | July/August 2011

To find your ROII Select Claims Specialist, just match the first letter of your company with the corresponding claims specialist.

Claim Company Name Specialist Begins With

Laine Romero, ext. 126 .....................A, D

lainer@biaw.com

Dave Ducey, ext. 131 .....................B, J, L

daved@biaw.com

Teresa Sheldon, ext. 136 ............C, U, #s

teresas@biaw.com

Chloe Kaufman, ext. 118 .... E, K, N, W, Y

chloek@biaw.com

Amy Sutton, ext. 127.............F, G, H, I, Q

amys@biaw.com

Amanda Kramer, ext. 143 ................ M, P

amandak@biaw.com

Chris Creekpaum, ext. 121 .. O, S, V, X, Z

chrisc@biaw.com

Michele Whinery, ext. 141 ................. R, T

michelew@biaw.com

A paragraph from the article implies that an employer should ask certain questions when interviewing a pro-spective employee, specifically, the employee’s prior claim history.

Employers should not ask a pro-spective employee questions re-garding their past claim history.

The best way to discover if a pro-spective employee can physically perform his/her job duties is through a post-job offer physical. The doctor can ask the prospective employee these types of questions—and al-though the doctor cannot share the prospective employee’s responses with you—the doctor can tell you if he/she is able to perform the job duties.

A clarification from the article: Easy steps to be proactive when hiring new employees, May/June, page 4, Building Insight:

A half a million reasons to do your homework before you hire

ROOFER AvAILABLE n extensive criminal background, includes 4 felonies and numerous misdemeanorsn served in prison on several occa-sionsn history of drug abusen numerous medical conditions, includes Hepatitis B and Cn numerous workers’ comp injuries, likely to last several yearsn restricted work skills (because of injuries), retraining neededn over 25 former employers (prefers roofing contractors)

If you read this workers’ experience on a job application would you hire them?

ROOFER AvAILABLEn over 20 years roofing experiencen completes jobs on time n visits doctor regularlyn roofing skills include steep slopes, tear offn references available upon request

The first ad reads like a decent, healthy worker with extensive roofing experience, right? Don’t be fooled—they’re the same person and, unfortunately, a BIAW member hired this person. A workers’ comp claim was filed and has currently cost BIAW ret-ro participants more than $532,000 in po-tential ROII refunds—and the claim is still open.

How BIAW Can HelpSo, how could this have been avoided?

A simple background check for $6.95 or a post-job offer physical, would have re-vealed the applicant’s work history and physical limitations.

To make it easier for BIAW members to screen potential employees, BIAW has teamed up with two companies to help you hire the right person.

US Health Works, a medical group with 17 clinics in the Puget Sound area from Everett to Tacoma and three clinics in Spokane, provides low cost post-job of-fer physicals and drug screenings. BIAW members receive discounted rates for these services. Contact your ROII Select Claims Specialist at 800-228-4229 for more infor-mation about this service (see box at right to find your claims specialist).

US HealthWorks also provides complete care for injured workers as well. Although you cannot tell an injured worker who they must see for an on-the-job injury, you can recommend a US HealthWorks clinic. They have a proven track record of communicat-ing with employers on the status of an in-jured worker—usually the same day they are treated. In addition, establishing direct communication with a dependable, health care provider is your first step in reducing time loss days of your injured worker(s).

In addition to physicals and drug screen-ings, a background check is also a must.

BIAW has partnered with QuickCheck, a web-based court search service available to BIAW members. For just $6.95 you get the fastest and most cost-effective means of searching criminal records in Washington state. A QuickCheck search accesses the Washington District and Municipal courts as well as the Superior Courts. Within min-utes you have a background report in your hands. To get a background check started, click on QuickCheck under the Online Re-sources tab at www.BIAW.com.

Obtaining a complete work history (a detailed job application), a post-job offer physical, drug panel screening, and back-ground check will help you make the deci-sion on whether to hire or not.

Ultimately, who you hire will affect the premiums you pay to L&I and impact your future potential ROII Select retro re-funds.

How about this one?

6 Building Insight | July/August 2011

The BIAW Legal program con-tinues to provide legal sup-port for our members. From answering legal questions, to filing amicus briefs (friend of the court), BIAW works hard on your behalf (see cover story).

If you have a legal question or a case that could affect builders

“”—NAHB Economist

Elliot F. Eisenberg, Ph.D.

“Federal budgeting is nutty because the federal budget assumes every item in the

budget automatically rises annually, regardless of economic conditions,

by somewhere between 3% and 10%.

Based on this insanity, if we simply freeze spending at the current level and do it for a

decade, the Congressional Budget Office would consider that a $9.5 trillion CUT! At 2% growth, the CBO would score it a

$4 trillion cut. Problem solved.”

Notable/QuotablePUNTS from page 1

We’re Looking… For A Few Good Cases

statewide, BIAW wants to hear from you.

Maybe your case could benefit from BIAW’s

legal experts, and maybe other BIAW members can benefit from

the precedent your case creates.

To see if BIAW can help call 800-228-4229.

fore turns the GMA on its head—what was meant as a bottom-up planning tool becomes a top-down mandate with state agencies telling local jurisdictions how to plan.

The Court Fails to Reach BIAW’s Issues

BIAW’s challenge of the cluster plat-ting and planned unit developments were also remanded for further consideration after the County takes additional steps to insure that the County’s rural character is protected. The Court provided some help-ful language here, stating that innovative planning measures like cluster develop-ments need not have the same underlying densities under the GMA—as long as they are not “characterized by urban growth.”

The Court also did not reach the is-sue of whether the Board improperly ad-opted a bright-line rule with respect to ru-ral densities—i.e., whether a certain fixed number of houses per acre can define ru-ral density. The court stated that because the County failed to adequately explain its planning decisions, taking into account lo-cal circumstances, they remand the ques-tion back to the Board once the County has supplied the necessary information. The County now needs to supply addi-tional information regarding appropriate rural densities.

Justices Jim Johnson and Richard Sanders dissented, finding that the Coun-ty’s Plan and most of the development regulations comply with the GMA.

The Saga ContinuesThe bottom line is that the case is still

far from over. The County has to re-write its Plan, and send it back to the Growth Board for further consideration. Only then will our issues of the bright-line rule, clus-ter developments, and PUDs be consid-ered. Overall, the decision is a tremen-dous disappointment for the residential home building industry.

7Building Insight | July/August 2011

It’s Not Too Soon…to think about the 2012 BIAW Excellence In Remodeling Awards As you begin your next remodeling project, you may want to think about the following—“This project is going to be a great remodel (!) so I think I’ll nominate it for a 2012 BIAW EIR Award?”

It’s as easy as 1—2—3!1)Take lots of before and after photos. 2) Fill out the entry form.3) Mail it in.

It’s really that easy.

To download your copy of the EIR Nominee Packet, Entry Form, or EIR Tips Sheet, go to the homepage of www.BIAW.com.

Don’t have internet access? No worries. Contact Brenda or Amanda Fields at BIAW at 800-228-4229 for any questions or help you may need.

Building Industry Association of Washington

Entry form due at BIAW office April 27, 2012 @ 5 pm.

2012 BIAWExcellence In RemodelingNominee Packet and Entry Form

the BIAWRemodeleRsP.O. Box 1909Olympia, WA 98502BIAW.com  •  800-228-4229

sponsored by

is Associate Member Appreciation Month

The best way to say thank you to our Associate Members is to say

“You Have My Business”

september

B I A W Tip of the Month

Did you know?

As a Regence BlueShield health care participant through the BIAW Health Insurance Program, you can evaluate and review doctors, facilities and other health care providers AND see reviews posted by other members.

This Regence BlueShield feature allows participants to see feedback from thousands of other members who have rated doctors in their area and makes the task of finding a doctor that much easier.

To write a review, just login as a member at www.Regence.com and click on view claims under the My Naviga-tor tab anytime you receive health care from a provider or medical facility. You can post numerical ratings as well as your own comments. When you review a provider, your review is published on that provider’s detail page. To see the results of your review, just click on a provider’s name in either your claims page, or when you’re searching for a doctor through the Provider Search.

Categories you can rate include:

The ease of making an appointments • Helpfulness and courtesy of staff • Communication with the providerWait time • The condition of the facility • Your overall satisfaction

To find out more about this feature or for more information about the BIAW Health Insurance Program, call EPK & Associates at (800) 545-7011 ext. 6.

8 Building Insight | July/August 2011

Membership Report

Jan RohilaAdministrative Services

Director

BIAW membership has its benefitsn From education classes to onsite safety consultations, BIAW offers a variety of services and programs

OMB members Debbi Boyd and John

McKinlay congratulate Mark Shaffer (c)

as he shows off his a ROII retro refund.

Membership has been tough this year, not just in our state but in

every state and not just our association but all associations. As the uncertainty

in the econo-my contin-ues and busi-ness owners cut spend-ing to all but the most vi-tal expens-es, BIAW is thank-ful that over 9,000 build-ing indus-try-related

companies continue to view their BIAW membership as invaluable.

BIAW holds the number #3 member-ship position within the National Asso-ciation of Home Builders (NAHB) with 9,065 members, including affiliates, through June. Only four states qualify as NAHB Group AA status (membership of 8,000+ members), down from ten just a

couple of years ago. Those few states that have managed to retain members while continuing to recruit new mem-

bers all have one thing in common: they offer effective member benefit programs which provide value and save money.

The BIAW Return on Industrial In-surance Program—ROII Select—a ret-rospective ratings program, has been retooled and re-energized. Even with economic downturn and program chang-es ROII Select is still the largest retro group in the state and continues to pro-vide refunds to member companies with good safety and loss records.

While retro refunds are at histori-cally low levels for all retro programs, the BIAW ROII program refund checks averaged 12.3% for participants in the 2007-08 plan. As a member of ROII Se-lect, you receive expert, in-house claim service from experienced claim staff as well as Safety and Loss Control Assis-tance, including onsite safety consulta-tions, sample safety program, loss con-trol consultations and assistance with employee and busi-ness classifications.

BIAW’s group purchasing power provides premium discounts and rate stability for BIAW Health Insurance Program partici-pants, while provid-ing excellent ben-efits.

The BIAW Leg-islative Program, through our team of experienced lobby-ists, seasoned staff, cooperative partner-ship with our local associations and an active member-driven Legislative Policy Committee, work on members’ behalf to

defend and pass pro-housing legislation and defeat bills harmful to the housing

industry. The BIAW Legal Program provides

answers to members’ questions, repre-sentation in crucial precedent-setting

cases and support of important cases that have the statewide significance (see cov-er story).

The BIAW Edu-cation Program of-fers classes on issues related to the con-struction industry: code updates, aging-in-place, stormwa-ter management and erosion control, and green building are just a few of the topics in-cluded on the annual calendar. BIAW also partners with local associations on many

classes to provide a source of non-dues revenue.

“”“In this economy and with the challenges we’ve all

faced in the last couple of years, I’m grateful for every-

thing BIAW has done and continues to do on behalf of the members. We all need to remember not to lose sight

of the big picture.” —Olympia Master Builder member

Mark Shaffer, Mark’s Drywall, Lacey

—BIA of Clark County member Tim Prelle, Southwest Washington

Glass Company, Vancouver

“”

“BIAW staff has guided me though murky waters over the last year in an ongoing

situation with [the WA State Department of] Labor & Industries.

I honestly don’t know how I would have handled it

without their help. That I also received a

ROII refund check was icing on the cake.”

9Building Insight | July/August 2011

Local Events Around the State

Jerry Howard headlines SICBA event

(l to r) Olympia Master Builder members John

Erwin of John Erwin Remodeling, Inc. and

Rusty Ruiz of Hung Right Doors, LLC, begin

the blood donation process inside the Puget

Sound Blood Center Mobile Unit during the

third annual OMB Blood/Food Drive and BBQ

held last month.

The MBA of King & Snohomish Counties Re-

modelers and guests enjoy a wonderful sum-

mer picnic at the Kelsey Creek Farm in Bellevue.

MBA and BIAW members (l to r) Kevin Kartak,

Myra Williams (2010 Top Spike), Josh Miller and

Wendy Albee.

Attendees of the BIA of Clark County Remodel-

ers Council monthly meeting discuss current and

new business topics affecting the remodeling

business.

The BIA of Clark County’s Nothing by Networking

event series was held earlier this month at the Three

Brothers Vineyard and Winery in Ridgefield. Attendees

mix, mingle and more importantly, network with like-

minded members of the association and their business

community.

The BIAW New Home Council and Cobalt Mortgage were hosts of an afternoon of SeaFair

fun aboard an Argosy cruise ship earlier this month. Attendees enjoyed a luncheon buffet

sailing on Lake Washington along with entertainment by the U.S. Navy Blue Angels.

National Association of Home Build-ers Chief Executive Officer Jerry

Howard headlined a dinner event hosted by the Skagit/Island Counties Builders Association (SICBA) earlier this month in Mt. Vernon. Over 100 people attended the evening function.

With a theme of “Boom, Bust and Beyond,” Howard focused on elements which led to the current U.S. economic

crisis; why housing isn’t bouncing back as it had following previous recessions; and, his prediction of no noticeable change in the industry until 2013.

He concluded his address with some positive steps the building industry can and must take at the local, state and na-tional levels—to influence the political climate in the upcoming election cycle.

“Our industry has never had more at stake than we do now,” stated How-ard. “If you’ve never been politically in-volved it’s time to start. If you’ve been active in the past don’t give up. It’s the strength of our unified voice that delivers our message, ” he added.

(l to r) SICBA member and BIAW Legislative Pol-

icy Committee Chair Chris Deasy, NAHB CEO

Jerry Howard, BIAW President Pat McBride and

SICBA President Jim Spane.

10 Building Insight | July/August 2011

Education Report

HomeCare Manager is well worth the small investment

If you’re one of the thousand members that have purchased BIAW’s home

maintenance guide, HomeCare Manag-er, you’re already providing your hom-eowner with comprehensive information on home upkeep. You’ve taken advantage

of its tremen-dous value as a marketing and customer service tool, capitalized on the polish and profes-sionalism it adds to your image and gained the protection it adds to your

business. But if you haven’t tried it yet, here’s a couple of reasons why you should:

Interactive and Hands-onFirst, this great product is an interactive

guide to assist the homeowner with the care and maintenance of products and systems in the home. By putting all the maintenance and repair information on one easy-to-use CD, the homeowner receives thorough, ef-ficient and constructive information: a li-brary of audio-visual presentations offering detailed home maintenance tips and assis-tance; important contact information re-garding the care, use and safety of products and materials in their home; and finally, a planner for scheduling of important home care tasks, including home maintenance planning schedules, logs and photos de-scribing home maintenance considerations.

Manufacturers’ Websites and Warranities

Next, the HomeCare Manager includes a convenient reference listing all of the

manufacturers’ web links that are shown on the CD. This allows you, the builder, to in-stantly identify (circle, check or highlight) the actual products and components used in the home. The list can be provided to the homeowner when you present the CD, and will simplify their use of the HomeCare Manager maintenance guide while further reinforcing the idea of individual product maintenance and manufacturers’ warran-ties.

Furthermore, furnishing homeowners with the HomeCare Manager maintenance guide may provide one of the seven affir-mative defenses to a defect claim by the homeowner.

What is HomeCare Manager?HomeCare Manager is a detailed home maintenance guide available in a CD format which includes: n A printable, 36-page maintenance guide n Audio visual presentations n Manufacturers’ websites and phone numbers n Planning guide to organize maintenance tasks n Maintenance logs

How does HomeCare Manager help your homeowner?Too frequently homeowners fail to properly maintain their homes, HomeCare Manager helps them: n Reduce repair costs n Delay replacement costs n Maximize resale potential

How can you save by using the HomeCare Manager?There are numerous ways HomeCare Manager can save builders and remodel-ers time and money:

n Eliminates the need for a paper manual for warranty and maintenance information n Educates homeowners on their maintenance responsibilities n Identifies problems early, such as water intrusion, before they become expensive repairs n Reduces warranty service expense and the probability of lawsuits by clearly defining warranty vs. maintenance issues

Include with Closing DocumentsMany builders and remodelers are now

incorporating references to the HomeCare Manager in their closing docu-ments. While it’s not required to have a signed document, an acknowledgement will formalize transfer of the responsibil-ity for the maintenance and upkeep of the home. BIAW has created an example that is included with your purchase of the HomeCare Manager Maintenance Guide.

If you’re interested in more informa-tion, or would like to purchase a HomeCare Manager maintenance guide CD for $20 + tax, contact me at 800-228-4229.

Jan RohilaAdministrative Services

Director

11Building Insight | July/August 2011

The Washington State Building Code Council is soliciting candidates for the

position representing General Construction specializing in residential and multi-fami-

ly building construc-tion.

If you think this is you, please contact BIAW Interim Ex-ecutive Officer Art

Castle at 800-228-4229. BIAW will en-courage the Governor to appoint a qualified BIAW member to represent the residen-tial construction industry. BIAW members Larry Ward, Dave Baker and current BIAW President Patrick McBride have served on the SBCC in this position.

SBCC seeks residential and multi-family expert for open position

BIAW & NAHBMeetings2011-12

NAHB ................. Sept.7-10 .... Milwaukee, WIFall BOD

BIAW ...................Nov. 9-11 ................ YakimaFall BOD ............................Yakima Conv. Ctr.

International .......Feb. 8-11 .........Orlando, FLBuilders Show

BIAW ..................Feb. 27-29 ..............OlympiaWinter BOD ...............................Red Lion Inn

NAHB .................. June 6-9 ........... Wash., DCSpring BOD

BIAW ................. June 28-30 ................ PascoSummer BOD ............................Red Lion Inn

NAHB ................Sept. 12-15 .........Austin, TXFall BOD

BIAW ....................Nov. 7-9 ...................BlaineFall BOD .........................Resort Semiahmoo

of NEW HOME SALES

present

2011

CALL FOR NOMINATIONS

OPEn UNTIL - SEPT 1st

t h e n ew h o m eco u n c i l .co mNOMINATE AND REGISTER ONLINE AT:

The Tribute Awards celebrate the achievements of innovative, hard working and dependable New Home Sales Specialists. They are the best and brightest our industry has to offer.

Who do you know who should be recognized as an Innovator?

HBA Nominations are for those sales people involved with associations outside of Seattle Metro. These categories were created because the sales process is oftentimes different in the outlying areas than it is in Seattle Metro.

Categories: HBA Obstacles Overcome HBA Rising Star HBA Salesperson of the Year

If you would like to nominate someone or make reservations, click on the Events tab at www.TheNewHomeCouncil.com or call Jan or Amanda at BIAW at 800-228-4229.

PRESENTS: 11:00am - 3:00pm (LUNCH PROVIDED)

Jeff Shore - deal with it!Five Ways a Tough Market Makes You Excel

4:00 - 7:00 pmTribute Celebration Awards Show

october 6 - westin hotel, bellevue

12 Building Insight | July/August 2011

TrustValue

ServiceBenefits

Partnership

To learn more, call 1-800-545-7011, ext.6

It’s who we are.

13Building Insight | July/August 2011

Residential Building Permits IssuedJune 2011 (in units)

Source: U.S. Census Bureau*Only counties reported are represented in state totals. For a complete listing of current and past years’ building permits, click on Online Resources at www.BIAW.com.

Total YTD Total YTD Single Multi- June TOTALS June TOTALS Family Family 2011 2011 2010 2010

BENTON 67 50 117 468 48 241 CHELAN 13 0 13 54 21 63 CLALLAM 13 0 13 53 11 54 CLARK 72 7 79 446 164 648 COLUMBIA 0 0 0 0 0 1 COWLITZ 9 2 11 52 13 46 DOUGLAS 2 33 35 71 18 59 FRANKLIN 57 20 77 323 54 267 GARFIELD 0 0 0 0 0 0 GR. HARBOR 8 0 8 23 6 32 ISLAND 3 0 3 51 14 78 JEFFERSON 8 0 8 29 7 35 KING 248 66 309 3,003 427 2,582 KITSAP 29 0 29 152 39 161 KITTITAS 14 0 14 66 11 67 LEWIS 14 15 29 73 23 163 MASON 10 0 10 76 14 76 OKANOGAN 12 0 12 40 11 55 PEND OREILLE 1 0 1 1 2 2 PIERCE 129 162 291 1,028 188 1,008 SAN JUAN 5 0 5 34 20 67 SKAGIT 17 0 17 86 20 110 SKAMANIA 2 0 2 20 1 15 SNOHOMISH 170 25 195 1,383 189 1,154 SPOKANE 67 8 75 525 351 641 STEVENS 1 0 1 3 0 2 THURSTON 53 0 53 386 81 455 WALLA WALLA 4 0 4 23 5 16 WHATCOM 24 0 24 102 30 116 WHITMAN 5 0 5 18 29 46 YAKIMA 15 0 15 81 17 80

WASHINGTON STATE* 1,072 383 1,455 8,670 1,814 8,340

14 Building Insight | July/August 2011

NO FORMS

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Free and easy to register. No need to change the way you do business. Receive your rebates directly.The BIAW Member Rebate Program is a free benefit available to all active BIAW Builder and Remodeler members. More than 30 of the nation’s leading manufacturers—Delta, Boise Cascade, Carrier, Closetmaid—just to name a few, are partners in this exclusive network. Registering is free, easy and simple. Go to www.HBArebates.com/biaw and submit the one-page form. Then each quarter you use any of the manufacturers and have a completed home, remodeling project, or multi-family unit, submit an online Rebate Claim Form. It’s that easy. Your purchases, combined with the over 1,700+ current Rebate Program participants, create the purchasing volume that qualifies you to earn the same rebates as a ‘Top 5 Builder’ regardless of your volume.

Start earning your rebates…today.There’s absolutely no cost, so why not participate? For more informa-tion, contact Program Administrator Rich Robinson at 866-849-8400 or email him at: info@hbarebates.com.

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15Building Insight | July/August 2011

What Others Are Saying

Supreme Court Takes On Important Wetlands Case

Guest ColumnistDaniel A. HimebaughPacific Legal Foundation

T his fall, attorneys with Pacific Legal Foundation will litigate one of the most important cases for the build-

ing industry in recent memory at the U.S. Supreme Court. The case, called Sackett v. EPA, asks whether the EPA can order the restoration of private property under the Clean Water Act without any proof of violation or an opportunity to contest the order. The Supreme Court’s decision will have ramifications for developers everywhere, but it all began when Idaho couple, Mike and Chantell Sackett, set out to build a house. The Sacketts own a small parcel in a residentially zoned

area near Priest Lake, Idaho, surrounded by houses. Their dream was to build a home of their own, but they were blind-sided in 2007 when the EPA told them their parcel is

a wetland that cannot be developed without a federal permit that could cost more than the value of their property. This unwelcome news came in the form of a “compliance order,” which stated that the Sacketts would be fined thousands of dollars a day if they didn’t stop working on their property and restore it to its original condition. The Sacketts were surprised that the EPA considers their property to be a wetland, and they told the EPA that it had made a mistake. There is no standing water on the prop-erty or any continuously flowing water connection between their land and Priest Lake. They were able to obtain all the necessary local permits before starting construction with no indication that they had wetlands on their property, and the Sacketts’ neighbors did not have problems with wetlands when they built their homes. Instead of finishing their house, however, the Sacketts were faced with the choice of either complying with the or-der by removing all fill, planting new vegetation, fencing off their lot for three years, providing off-site mitigation and the payment of a fine, or risking civil penalties up to $32,500 a day and even criminal sanctions if they did not comply. When the EPA refused to budge, the Sacketts sued,

represented by PLF, asking the court to review the EPA’s claim of jurisdiction over their property. After all, if there isn’t a jurisdictional wetland on the Sacketts’ parcel, the EPA has no right to stop them from building there. After the trial court determined that the Sacketts could not contest the compliance order in court, the Sacketts took their case to the Ninth Circuit Court of Appeals, but that court held that the Sacketts cannot challenge the EPA’s compliance order unless they first apply for a wetlands development permit—a long, expensive, and probably fruitless process that may exceed the value of their land. But even if it were possible to obtain such a permit, the Sacketts would have to comply with the order and restore the property before they could even apply for the permit. Fortunately, the Supreme Court saw the importance of the Sacketts’ case and granted review to determine whether the Sacketts have the right to challenge EPA’s assertion of jurisdiction over their property without first satisfying the compliance order and seeking a permit. PLF attorney Damien Schiff, lead counsel for the Sacketts, says that the Supreme Court’s decision to take the case and review an anti-property rights ruling by the Ninth Circuit should be encouraging for all property owners. “With this case, the Supreme Court confronts important issues for propertyrights and due process,” says Schiff. “When government seizes control of your land, and you disagree with the justi-fication, shouldn’t you be allowed your day in court? Just as important, should EPA be a law unto itself, without mean-ingful accountability to the courts and the Constitution? Charging property owners a sky-high admission fee to get into court isn’t just wrong, it’s flat-out unconstitutional.” The Supreme Court will hear arguments in the Sackett case in its upcoming 2011-2012 term, meaning it will issue a decision by next June.

Daniel A. Himebaugh is an attorney with Pacific Legal Foundation in Bellevue, Washington. PLF is the oldest and most experienced non-profit legal foundation litigating for property rights, free enterprise, limited government, and a balanced approach to environmental regu-lation in courts across the country.

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