Florida Construction Law

  To Take Effect January 1, 2014 The Polyisocyanurate Insulation Manufacturers Association (PIMA) recently reported changes in determining  the R-Value for polyiso. An update to ASTM C 1289-11 has revised the certification of Long Term Thermal Resistance (LTTR) values that will go into effect January 1, 2014. These changes shouldn’t impact the 2010 Florida Energy Conservation Code since the code is based on prescribed performance requirements (resistance values) of the insulation. With that said, these changes may impact the cost of and the amount of material used to achieve the required thermal resistance. In the case of existing roofs the 2010 Florida Existing Building Code is clear in section 601.2 Conformance. An existing building or portion thereof shall not be altered such that the building becomes less safe or energy efficient than its existing condition. Be aware that because the R-value per inch will be reduced by these changes, using the same thickness o...

The Empire State Building, an architectural icon in New York City and beyond, just took a giant step forward in its quest to reduce energy consumption.  The ‘World’s Most Famous Office Building’ now boasts four  green roof s ystems, totaling nearly 10,000 square feet. For its green roof upgrade, the Empire State Building chose to install the Xero Flor Green Roof System  for four rooftop areas: 21st floor east (3,450 square feet), 21st floor west (3,450 square feet), 25th floor northwest (1,000 square feet) and 30th floor west (1,200 square feet). The green roofs on the 21st floor feature rooftop patios with outdoor furniture for the enjoyment of office tenants. As  we've  reported in the past, the Empire State Building is on a quest to become the most  sustainable  office building   in America. In 2011, the building’s owners announced that they would  purchase 100  percent of its power from rene...

Demand for roofing nationwide will rise 3.5% per year through 2017, reaching 268 million squares worth $27.2 billion, the Freedonia Group forecast today. That marks a turnaround from the 2007-2012 period, when demand in the United States shrank by 7.7% to 225.6 million squares from 244.5 million. Credit gains in both residential and nonresidential markets for the growth, the Cleveland-based research group said. All the various subcategories of roofing are set to grow, but at different rates. Demand for asphalt shingles--the dominant category with 57% of the market--will rise 4.1% per year to 156.5 million squares in 2017, Freedonia said. Among other product types, demand for bituminous low-slope roofing will increase 1.2% annually to hit 35.5 million squares in 2017, metal roofing demand will grow 3.3% per year to 24 million squares, elastomeric roofing will rise 2.4% annually to 20.7 million squares, and demand for plastic roofing will see 3.9% annual growth to 13.7 million squar...

If the new rules stand, workers would have to be protected from respirable silica when levels measure above the 50  micro grams  per cubic meter threshold.  Opposition to the proposed requirements is growing. The American Subcontractors Association considers the OSHA proposal "confusing and burdensome." And the National Association of Home Builders has issued a statement objecting to the "one-size-fits-all measure" that suggests the new OSHA ruling could affect how roofers cut asphalt shingles. However, it is not immediately clear that cutting shingles would be included under the new rules. OSHA clearly directs the ruling at "operations involving cutting, sawing, drilling, and crushing of concrete, brick, block and other stone products and in operations using sand products, such as in glass manufacturing, foundries and sand blasting." The ASA and NAHB have joined nine other builder trade associations opposing the new rule, while labor unions are lining ...

As of January 2013 there were approximately 600 claims totaling $1 million against the Florida Homeowners’ Construction Recovery Fund.   This fund was established to compensate homeowners for losses caused by state licensed contractors.   DBPR is given authority to transfer money it determines is not necessary to fund the Florida Building Code Administrators and Inspectors Board to the recovery fund.   Because excess funds have built up, it is expected that DBPR will transfer $5 million from this board to the recovery fund this year and approximately $1.2 million annually in subsequent years.   This bill has been approved by the Governor and took effect October 1, 2013. (From HCBA Legislative Review )

The Occupational Safety and Health Administration (OSHA) has announced the notice of proposed rulemaking for respirable crystalline silica has been published in the  Federal Register .  OSHA invites and strongly encourages the public to participate in the process of developing a final rule through written comments and participation in public hearings. The public will have until Dec. 11 to submit written comments on the proposed rule.  Hearings on the proposed silica rule are scheduled to begin March 4, 2014, at the Department of Labor's Frances Perkins Building in Washington, D.C. Members of the public who wish to participate in public hearings must submit a notice of intention to appear by Nov. 12.  Additional information regarding the proposed rule, including five fact sheets and procedures for submitting written comments and participating in public hearings, is available at  www.osha.gov/silica/index.html .  (From NRCA) Trenton H. Cotne...

Total construction spending increased to $900.8 billion in July, which was 0.6 percent higher than the revised June estimate of $895.7 billion, according to the U.S. Census Bureau.  The July figure is 5.2 percent higher than the July 2012 estimate of $856.3 billion.  In July, private construction projects increased 0.9 percent, reflecting a 0.6 percent increase in residential construction and 1.3 percent increase in nonresidential construction.  Public construction projects in July decreased 0.3 percent.  During the first seven months of this year, construction spending was 5.6 percent higher than it was during the same period in 2012.  (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

With the exception of “imminent danger” to life or property and other emergency situations, OSHA’s investigation and enforcement activities will cease during the shutdown.

ABC and members of the newly formed Construction Industry Safety Coalition, a group of national construction industry trade associations, expressed concern over a proposal from OSHA addressing crystalline silica exposure in the construction industry. On Aug. 23, OSHA proposed drastically lowering the existing permissible exposure limit (PEL) for silica, prescribed control methods that contradict existing safety practice, and mandated new recordkeeping and training requirements. Independent studies have estimated compliance with similar provisions to cost $1 billion to $2 billion per year. “OSHA still has not explained how a lowered PEL will be effective at reducing the number of silica-related illnesses, particularly when the agency has admitted its failure to properly enforce the existing standard,” said ABC Vice President of Government Affairs Geoff Burr. “The agency clearly missed an opportunity to take a cost-effective approach while still improving compliance and worker safet...

"ABC continues to believe 2014 will represent a year of more vigorous recovery; however, 2013 has proven to be a bit disappointing."   —ABC Chief Economist Anirban Basu. While overall national construction employment remained unchanged in August, nonresidential construction lost 3,300 jobs, according to the Sept. 6 employment report by the U.S. Department of Labor. Construction industry employment has grown 3 percent, adding 168,000 jobs, since the same time last year. Nonresidential construction accounted for 42 percent of that growth—making August a deviation from what generally has been a positive nonresidential construction employment trend. Although the national construction unemployment rate held steady at 9.1 percent on a non-seasonally adjusted basis, it is down from 11.3 percent in August 2012, representing an expansion from 8.17 million workers 12 months ago to 8.32 million workers in August 2013. Much of this growth is due to the uptick in residential building...