Nolan Radke, Author at Construction Dispute Resolution

Ladders On The Job Site

Experts In Alternative Dispute Resolution - Construction Dispute Resolution

We have all been around and used portable ladders on project job sites but have we been doing so in a safe and code compliant manner? Ladder safety violations are one of the top ten cited rule violations during L&I inspections. As an employer, one must have a competent person train all employees in the proper use of ladders. Commercially purchased ladders (which should have a label indicating ANSI compliance) as well as field built ladders must meet the design and construction requirements of ANSI A14 ladder standards.

Ladders must be inspected by a competent person when first put into service and periodically thereafter. Any structural damage to ladder components such as bent, broken, or split side rails and/or rungs renders the ladder as unusable. Note that a damaged or defective side rail of a commercially manufactured ladder cannot be repaired by the user.

Proper selection of a ladder for intended use is required. Nonconductive type ladders need to be used where exposed electrical hazards exist. Stepladders are to be used only in the fully opened position and not as a non-self-supporting portable single ladder.

Sidewalk Maintenance And Repair

Many of our residential neighborhoods and most municipal business districts have sidewalks along public right-of-ways providing public access throughout our communities. Commonly, sidewalks are constructed with public funding by municipalities or as part of private site developments. The general perception may be that maintenance and repair of these sidewalks is the responsibility of the city in which they are located, though this is not necessarily the case.

The Revised Code of Washington (RCW) Chapter 35.69 allows city councils to place the duty, burden, and expense of sidewalk maintenance and repair upon the property owner directly abutting the improvement. Several of our local cities including Seattle and Tacoma have adopted resolutions that require property owners to maintain sidewalks fit and safe for public travel. The Seattle Department of Transportation and Tacoma Public Works Department identify several conditions for sidewalk repairs including:

·        Height differential or separation greater than ½”
·        Cracks, separation, or hole greater than 1” in width
·        Any piece of sidewalk that can be moved with ordinary foot pressure
·        Undermined sidewalks

Marijuana – Washington’s Initiative 502

Washington is one of four States that allows recreational possession and use of marijuana. However under Federal law, marijuana remains a Schedule 1 substance under the Controlled Substances Act. That means that marijuana is in the same Schedule 1 category as Heroin, LSD, Mescaline, MDMA (ecstasy), GHB (date rape drug), and Quaaludes. In Washington, distribution of marijuana remains a federal offense. Additionally, civil asset forfeiture laws allow the Federal government to seize property allowing illegal activity.

Under Recreational Marijuana Initiative 502, only licensed growers can cultivate marijuana and create edible marijuana products. Therefore it is illegal for anyone under the age of 21 to possess or use marijuana, or for anyone 21 years or older to possess or use publicly or to cultivate marijuana even for their own use.

Nondisclosure in real estate transactions can result in civil litigation and result in monetary damages or rescission of sale. The Northwest multiple listing service (NW MLS) Seller Disclosure Form 17 # 7(J) asks “Has the property been used as an illegal drug manufacturing site?”

Cool Roofing

Choosing a roofing type specifically for a flat roof is not an easy task for the uninformed. Over the past several years, there has been a push for lighter colored (cool) roofing. Cool roofing is a hot topic when it comes to designing or replacing your home’s or commercial building’s roofing. It is often considered because:

designers and owners like the many color options beyond dark colored asphalt roofs
many quality cool roofing products are offered
ease of installation
easily repaired
long term material warranties
relief of heat island effect above roofs

So, what is not so cool about cool roofing? Through testing, field observations and published articles, roofing consultants and manufacturers are aware of a higher probability of condensation as a result of greater air temperature differences between joist cavities and the surface of the roofing. Under these conditions there is an increased and prolonged ability for moisture to form under the roofing and in joist cavities.

Staples In Underlayment Construction

The use of pneumatically driven staples has grown exponentially since the 1970s when compressors and nail and staple guns were introduced into the construction industry. Staples are frequently used in everything from interior cabinet box construction to application of the exterior shingles. What is frequently ignored is that staples vary in metal composition, gauge, crown width and length. The variety of staple types may seem confusing but there is no one-size-fits-all in construction.

Recently we were asked to defend a staple manufacturer when it was alleged that their staples were withdrawing from a substrate and damaging the finished flooring. In evidence was American Plywood Association (APA) rated subflooring and underlayment with staples that appeared to be backing out.

In the above referenced case, installers had used narrow crown staples to attach the APA underlayment prior to installing the finished floor. Most were apparently following the Component Panel Association (CPA) technical bulletins for Particle Board Underlayment Installation. The CPA does allow the use of staples to attach particleboard underlayment, as long as the panel subfloors are at least 19/32” thick with a minimum of 32/16 panel span rating (if not glued).

Homeowners Acting As General Contractor

There are many reasons why a homeowner may choose to act as the general contractor on a repair or remodel project for their home or even new construction of a residence. Often times the thought of saving the contractor’s overhead and markup expense warrants the decision, sometimes it’s the individual challenge to build it yourself. Whatever the reason, homeowners acting as the general contractor need to be aware of the potential liability they are accepting for the proper jobsite safety of all people working on or visiting the project site.

Construction safety in the State of Washington is governed by the Washington Industrial Safety and Health Act (WISHA) addressed in the Revised Code of Washington (RCW), Chapter 49.17 and the Washington Administrative Code (WAC), Chapter 296-155 Safety Standards for Construction Work. The rules and regulations for construction safety are stringent and somewhat complex with the underlying intent to provide a safe work place for all workers (employees). RCW 49.17.060 stipulates that each employer shall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his employees. The RCW as it relates to homeowners acting as general contractors defines “employer” in part as “any person, firm, corporation, partnership, business trust, legal representative or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is personal labor of such person or persons” (underlines added).

Insurance Repair Estimates

A fire, water leak or other damaging event to a building can be very disruptive and traumatic, and the repairs can be expensive. In such times the help of knowledgeable consultants can give clarity, direction and assurance that important issues are being addressed.

The insurance provider’s adjuster will document the conditions and extent of the observable damage to the areas affected by the damaging event. Based upon insurance coverage, the adjuster will present a written estimate calculating the amount of reimbursement for the repairs. The estimate often shows the actual cash value (ACV), reimbursable cash value (RCV), deductibles, or all three.

Many providers use an estimating program known as Xactimate. Xactimate was developed for the insurance industry for the purpose of standardizing the estimation of costs for repairs. Xactimate unit prices are updated periodically to account for changes in labor and material costs.

2012 Washington State Energy Code

The 2012 Washington State Energy Code (WSEC) went into effect July 1, 2013. This new WSEC is now based on the 2012 International Energy Conservation Code with State amendments. For residential construction this means better air sealing of the exterior envelope, more efficient windows, tighter sealing of duct work, and more high-efficacy lighting fixtures, plus many other changes from the 2009 code.

As part of the building air tightness requirements, the code now allows the local building official to require an approved third party to inspect all components of air barrier system and verify compliance. Air leakage testing using the blower door method is also required after visual inspection of all sealing components. Test reports must be provided to the code official. Here again the local building official can require the testing be performed by an approved third party.

Duct work, air handlers and furnaces are all required to be sealed for air leakage. Similar to the 2009 WSEC, duct work is required to be leak tested by a qualified technician. Allowable duct leakage thresholds are stricter in the current code. Replacement of an existing furnace, air handling unit or air conditioning unit also triggers the duct testing requirement of the duct system connected to the new or replacement equipment.

Select Changes In The 2012 WA State Building Codes

The 2012 Washington State Building Code has been in effect since July 1, 2013. Our last Bulletin gave an overview of the revision process and some examples of what to expect in the new code. Following are select revisions updated from the 2009 IRC.

R507 Decks Modification: All deck provisions have been relocated to a new section. Provisions related to placement of bolts and lags for deck ledge attachment to the band joist have been revised to correlate to the NDS.

R612.3 Testing and labeling exceptions: 1. Decorative glazed openings; 2. Custom exterior windows and doors manufactured by a small business shall be exempt from all testing requirements in Section R612 provided they meet the applicable provisions of Chapter 24 of the International Building Code.

R703.8 Flashing: Approved corrosion-resistant flashing shall be installed at all of the following locations: Exterior window and door openings. Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to the water resistive barrier for subsequent drainage. Pan flashing is now required for window and door openings when flashing details are not provided by the manufacturer.

Washington State Construction Codes Update

The 2012 International Code Council (ICC) Model Building codes for commercial and residential construction projects have been reviewed, revised and adopted by the State Building Code Council in Washington. These Codes are revised every three years following the ICC 3-year revision cycle. The select codes currently in use in most Washington jurisdictions are the 2009 International Building Code (IBC) and the International Residential Code (IRC).

Washington’s State Building Code Council (SBCC), along with its Technical Advisory Group, reviews the ICC model codes, holds public hearings, and makes the final determination on acceptance. Public hearings for amending the 2009 Codes to the 2012 version have already occurred and the SBCC has completed its adoption process. The 2012 Codes will be effective July 1, 2013.

Following is a list of some of the new revisions found in the 2012 WA State Building Code.

R302, Fire resistant construction requires fire protection at five-foot separation from lot lines.