John N. McNamara Asbestos Abatement Associates Inc Spartanburg SC Interface n°”91″ Today, most contractors within the asbestos abatement industry have developed state-of-the-art work practices that often go beyond current rules and regulations. Now the time has come to address other contrac¬ tors in the construction trades. It seems to be the general rule and not the exception of most construction trades to simply ignore the presence of asbestos. Contractors are blatantly removing and disposing of asbestos any way they see fit. No regard is given to following the occupational and environmental regulations. These regulations are often viewed as a nuisance to “getting the job done.” Sincere ignorance is rarely the case any more. The typical “ostrich’s head in the sand approach” is the ration¬ ale used to avoid regulations. The following anecdotes from different contractual disciplines will dramatize these ongoing incidences. The first incident involved a Sunday school classroom which con¬ tained a stain on the ceiling caused by faulty pipes servicing an air con¬ ditioning unit. The HVAC contractor proceeded to saw a hole through the plaster ceiling, even though he was informed that this area contained sprayed-on asbestos surfacing material. The church custodial personnel cleaned up most of the ceiling debris in the area. None of the people in¬ volved in this situation wore respiratory protection and, before the area was cleaned, a number of people may have been exposed to elevated air¬ borne asbestos fiber concentrations. In addition to the possibility of ad¬ verse health effects on exposed personnel, the building owner could face enforcement actions from regulatory agencies and future liabilities re¬ lated to the exposure of building occupants. The second incident involved a large corporation. Here, the HVAC contractor refused to replace an air handling unit because of the possible presence of asbestos. This unit had been repaired by a previous contrac¬ tor who threw the old asbestos containing material (ACM) down on the floor, crushed the asbestos containing debris and tracked it into the oc¬ cupied area below. This attic space was an air plenum that connected directly into the executive lunch room. Since this debris was directly below a roof hatch that triggered increased air flow when opened, these executives may have been exposed to elevated airborne concentrations of asbestos for many years. An asbestos consultant was brought in by the company engineer to conduct an inspection; after being informed of the significant possibility of asbestos exposure to building occupants, an abatement contractor was hired to clean up the area before HVAC activities were resumed. It is continued on page 2 Newsletter of The Roof Consultants Institute 2 Asbestos and the Non-abatement Contractor continued from pagel interesting to note that other employees in the area became concerned during the inspection after seeing the consultant don a respirator before accessing the attic space that contained the air handling unit. Any of these workers could initiate a lawsuit against the company for asbestos exposure, with the executives being in a more litigious position. Similarly, electrical contractors are at a risk of accidental or un¬ authorized disturbance of ACM. One incident involved an elementary school that had asbestos containing ceiling surfacing material sprayed on a metal lath located above a drop ceiling. An electrical contractor ham¬ mered and ripped his way through the ACM in order to run his electrical conduit and left ACM debris scattered all over the top of the ceiling tiles. A six inch space along the perimeter of the suspended ceiling system could have easily allowed the migration of ACM down into the oc¬ cupied classrooms. This school had an AHERA inspection and a current asbestos management program, but this condition was not mentioned by the inspector or the management planner. Another incident involved a roofer who did try to use due diligence during the removal of asbestos containing roofing material (ACRM). His employees wore powered air purifying respirators, conducted area air monitoring, and tried to comply with all applicable regulations. During the operation, some fiberglass insulation fell through the cracks in the roof deck into the gymnasium below. As a result, the job was shut down and the roofer had to hire an abatement contractor to decon¬ taminate the entire area and obtain TEM air clearance. One last incident involved a roofer who caused a major fiber release episode from sprayed-on ceiling surfacing located underneath his roof¬ ing operations. This occurred when he used a power saw to cut through the roofing material. The saw caused such a vibration transfer that the light fixtures were visibly shaking. Work was stopped and the entire area beneath the roof had to be secured. An abatement contractor was hired to remove the asbestos containing material before the roof removal was allowed to proceed. Most of these situations could have been avoided with proper training but, for some reason, non-abatement contractors do not seem to think that asbestos is a problem to be addressed in their respective industries. Apparently, they are under the assumption that not much can go wrong and, if an environmental mishap does occur, they think their insurance will cover related costs. They couldn’t be more wrong. Recently, a Kemper insurance agent was talking about questions from some of his insured contractors pertaining to ACM disturbance. They wanted to know if it was “OK” to disturb just a small amount of asbestos. It’s sort of like being just a little bit pregnant. If you’re disturbing friable asbes¬ tos or making non-friable ACM friable, and you’re using untrained continued on page 3 Newsletter of The Roof Consultants Institute 3 workers without respirators, then you’re open for citations and law suits. Another insurance carrier, USF&G, has an asbestos exclusion endorse¬ ment on all policies providing any form of general liability coverage to include garage policies and their commercial umbrella. In other words, if a suit is brought due to the asbestos disturbance, you have no insurance! At this point the lawyer will turn either to the contractor or to the deep pocket of the customer. In the midst of all these incidences, contractors continue to conduct business-as-usual with little or no regard to asbestos management. It’s simply going to be a matter of time before an asbestos lawsuit puts some¬ body out of business. These situations are just isolated examples of the need for more awareness on the part of non-abatement contractors about their potential for asbestos exposure. Increased communication between the asbestos industry and non-abatement contractors is a vital missing link in today’s trend toward asbestos management in place. By taking a pro-active position on asbestos recognition and training, peaceful co-ex¬ istence may be possible between the contractor, today’s environmentally concerned consumer, and the enforcement regulators. Asbestos and the Non-abatement Contractor continued from page 2 Eight three percent of the one hundred thirty-three professional mem¬ bers who responded (97 did not) to the Professional Liability poll taken earlier this year by your Legal/Insurance resources committee were “somewhat” or “very much” concerned about potential claims. Of the fifty-eight percent of the respondents who did not have insurance protec¬ tion, a third said the premiums are too expensive and twelve percent reported that they were ineligible. The good news in case you missed it at the RCI convention in Colorado Springs, is that there is at least one company that is now providing coverage for roof consultants who are not registered profes¬ sional architects or licensed engineers. The bad news is that this kind of insurance comes with an expensive price tag and probably will get worse. For those who were unfortunate enough to miss a great RCI National Convention, this may be news, but those who were there and attended the seminars and panel discussions were told that Victor O. Schinnerer and Company is now accepting applications from roof consultants who have hitherto been excluded from this exclusive club. There may be other insurance companies who are also providing this service, but other than one or two regional, unrated firms, RCI’s Legal/Insurance Resource Committee knows of no other company willing to write policies nation¬ wide. continued on page 4 Professional Liability Update William A. Edwards Jr. Chairman Legal and Insurance Resources Committee Newsletter of The Roof Consultants Institute 4 Professional Liability Update continued from page 3 Tom DeOmellas, a senior account executive with Schinnerer, gave a seminar at the convention entitled “Professional Insurance – Are you Protected?”. There was a follow-up panel discussion with Tom and Ken Isley, an attorney with Dow Chemical, which focused on risk manage¬ ment. Ken had earlier presented a program entitled “Document Creation and Protection”. Both seminars and the panel were well attended as members searched for answers to the perplexing questions about in¬ surance and how to protect themselves in the litigious society. The lead¬ ing category of construction industry lawsuits in this country are related to roofing and waterproofing problems. Surprise! The professional liability policies now being written by Victor O. Schinnerer and Company for roof consultants are similar to those provided to the Architects and Engineers and come with premiums of similar proportions. Premium rate determination for an individual firm is a mystery which appears to depend on such factors as past experience, gross annual billings, estimated construction values, area in which the firm is located, project and client types and staff qualifications. All this will become abundantly clear when you attack your first application forms. The care and precision with which you execute these forms is very important and can help keep your professional liabihty premium at a minimum. A correctly executed application that provides a clear picture of your firm and your practice helps the insurance company tailor the policy to best suit your needs. For more information and application forms you may contact your local insurance agent or write directly to: Victor O. Schinnerer and Company 2 Wisconsin Circle Chevy Chase, MD 20815-7003 Other commercial carriers of professional liability insurance you may wish to contact are listed below (we have no indication that these com¬ panies will write policies for roof consultants): DPIC DPIC Companies PO Box DPIC Monterey, California 93942 800-227-4284 800-682-3400 in California Shand Morahan Shand Morahan & Co., Inc. Shand Morahan Plaza Evanston, Illinois 60201 708-866-0845 continued on page 5 Newsletter of The Roof Consultants Institute 5 Illinois R.B. Jones/Lloyd’s Illinois R.B. Jones 250 South Wacker Drive Chicago, Illinois 60606 312-993-0505 Alpine (formerly IMI) Alpine Insurance Co. TCO Insurance Services 2029 Village Lane PO Box 678 Solvang, California 93463 805-688-4995 PMI/Lexington Professional Managers Inc. 2 North Riverside Plaza, Suite 1460 Chicago, Illinois 60606-2640 312-559-0101 RA&MCO/AIIC RA&MCO Insurance Services 1390 Willow Pass Road, Suite 520 Concord, California 94520 415-685-1600 Reliance Reliance National Risk Specialists, Inc. 77 Water Street New York, New York 10005 212-858-3612 Tumer/Homestead William B. Turner And Associates, Inc. 221 North LaSalle St., Suite 1137 Chicago, Illinois 60601 312-346-5116 Virginia Virginia Surety Co., Inc. 123 North Wacker Drive Chicago, Illinois 60606 312-701-4985 Professional Liability Update continued from page 4 Corroon & Black Environmental Insurance Services 330 East Kilborn Road Milwaukee, Wisconsin 53202 800-558-1536 continued on page 6 Newsletter of The Roof Consultants Institute 6 Professional Liability Update continued from page 5 Dearborn Insurance Company 123 North Wacker Drive Chicago, Illinois 60606 312-701-3700 International Surplus Lines 130 William Street New York, NY 10038 212-619-4900 Crum & Forrester Professional Coverage Managers 130 William Street New York, New York 10038 Formerly uninsurable roof consultants who find a company who will provide professional liability insurance should notify RCI Headquarters so that the general membership can be so informed. Documents For The Consultant Richard M. Horowitz aia crc A good way for a roof consultant to get into deep trouble is for him to attempt to write his own Agreement with the Owner, his own forms for Bonds, or his own General Conditions for the Contract. He would be in an area about which he knows very little, in which he is adrift without a compass. Fortunately, he doesn’t have to guess, bluff, or bluster his way through the writing of such documents, nor must he take a short course in law. Someone else has already done it for him, someone with vast ex¬ perience in construction problems, many years of refinement, and with money to pay some very good lawyers to review the results. The Registered Architects and Professional Engineers reading this are aware of the sources of this collected wisdom. The American Institute of Architects and the National Society of Professional Engineers publish a vast array of Construction Documents and they are available for sale to members and non-members alike. You don’t even have to be an Ar¬ chitect or Engineer to purchase them; there are certain cautions and a large restriction concerning their use; the restriction is that these docu¬ ments are copyrighted by the AIA and the NSPE. Unauthorized duplica¬ tion of copyrighted material is illegal and may subject the offender to statutory damages of up to $50,000.00. You should not purchase a single copy of an Owner/Contractor Agreement and copy it for use on six dif¬ ferent jobs. But you do not have to; they are relatively inexpensive. The cautions concern filling in the blanks and making changes to the text. continued on page 7 Newsletter of The Roof Consultants Institute 7 The user is advised to consult an attorney in filling out and executing these forms. Anyone who agrees to changes in text, additions and/or deletions prior signing without consulting an attorney well advised in construction is an idiot. Remember, you read it here; Allow no changes of any kind without a qualified legal review. You may obtain a complete listing of AIA documents by calling 800- 242-4140. Then you may order any documents you desire from your State AIA Chapter, local Architects’ supply houses/blueprinters or direct¬ ly from the AIA, by writing to the AIA Order Dept., P.O.Box 753, Wal¬ dorf, MD 20604. You may obtain a complete listing of NSPE Documents by calling 703-684-2882. Then you may order any docu¬ ments you desire by writing NSPE, P.O.Box 96163, Washington, D.C. 20090-6163. Listed prices are subject to change without notice. Any questions concerning their use or duplication can be addressed directly to these organizations. Documents For The Consultant continued from page 6 Tech Prep is short for Technical Preparation. It represents an effort to more effectively prepare students for the demands of the job market in the future. A Tech Prep program is a sequential course of study designed to meet the need for high school graduates to have more technically-oriented educational preparation. Through a blending of higher level academic and vocational courses, Tech Prep prepares students for the advanced courses required by two-year technical and community college programs, and by increasingly sophisticated occupations. The support of persons in business/industry is critical for Tech Prep to be successful. It is a critical link needed to help assure that the courses students pursue are realistic in terms of what they will need once they enter the labor market. Increasingly, students may find their opportunities are limited when they take just the minimal courses needed for graduation. The reason for this is simply that the need to be able to deal with high tech demands re¬ quires more math, science, communications skills, and more vocational job skills at a higher level than ever before. The Roof Consultants Institute has, as its purpose for existence, the raising of standards in the roofing industry. No matter how well new standards are written, they will only make a positive difference when the people who work in the industry are better prepared to do their work at a higher level of quality. Students of today will be these individuals in the future. continued on page 8 Tech Prep Robert A. Mullen Chief Consultant Division of Vocational and Technical Education Services North Carolina Department of Public Instruction Newsletter of The Roof Consultants Institute 8 Tech Prep continued from page 7 Industry Updates Throughout the communities of the United States, there are thousands of new Tech Prep programs underway. Members of Roof Consultants In¬ stitute can find out where these programs are in high schools and com¬ munity colleges and support them. To find out where your Tech Prep programs are located, contact the superintendent of your local school system. The goal of Tech Prep is a long-range one. It is one which requires a much more rigorous course of study that better prepares students for what faces them in the job market in the years ahead. Encouragement by business/industry can be quite critical for the success of the effort. Volunteer to serve on Tech Prep Advisory Committees and help local education decision makers in planning and implementing programs which will upgrade the level of education that students will be getting. When this happens, educators and businesses/industries are in a win-win situation. Many people in the United States complain about the poor quality of education in our schools. This is an immediate and positive opportunity to become more effectively involved in what your schools are about. Think about it-Do it! SPI/PFCD OFFERS RCI MEMBERS FREE EXHIBIT HALL PASSES The Society of the Plastics Industiy/Polyurethane Foam Contractors Division (SPI/PFCD) will be holding SPRAY FOAM ’92. their annual meeting, as follows: DATE: February 5-7, 1992 PLACE: Riviera Hotel & Casino 2901 Las Vegas Boulevard, South Las Vegas, NV 89109 MEMBERS OF RCI WILL BE OFFERED COMPLIMENTARY EXHIBIT HALL PASSES. SPRAY FOAM ’92 will offer programs of general interest to sprayapplied polyurethane foam contractors and specifiers. The exhibit hall will (tentatively) be open from Noon to 3 p.m., February 5 and 6. In con¬ junction with SPRAY FOAM ’92, SPI/PFCD will be offering their Ac¬ creditation Program classes in roofing and other topics. For further information, contact SPI/PFCD at 800-523-6154. continued on page 9 Newsletter of The Roof Consultants Institute 9 NRCA To order the proceedings of the 1991 International Symposium on Roofing Technology, a 536-page hardbound technical book, call 800- 323-9545 or 708-299-9070 for an order form. NRCA Member Price: $125.00 US, $145.00 Canadian; Nonmember Price: $155.00 US, $180.00 Canadian. NRCA’s Roofing Materials Guide (1991 Edition) is available. NRCA Member Price: $65.00; Nonmember Price: $95.00. Make check payable to NRCA and mail to: NRCA, PO Box 4752, North Suburban IL 60197- 4752. WEEKLY CONSTRUCTION PREVIEW SUBSCRIPTION DISCOUNT FOR ASSOCIATION MEMBERS National Building News Service, publishers of the WEEKLY CON¬ STRUCTION PREVIEW, are pleased to be able to offer subscription discount rates to members of the Roof Consultants Institute. WEEKLY CONSTRUCTION PREVIEW is a reporting service that lists new con¬ struction while it is still in the planning and design stages . All projects listed are valued in excess of $1 million dollars and includes projects throughout the U.S. and Canada. Each project lists type of project, project location and value, building owner, architect/engineer, structural engineer, electrical engineer, etc. All entries include phone number. Normally, a one-year subscription costs $840, but through this special offer, an association member can receive a one year subscription for the reduced rate of $630. To get additional information or samples, call Mary Ann Wells at National Building News Service, 1-603-827-3321 . APA BROCHURE SHOWS REROOFING OPTIONS A recently revised brochure is now available from the American Plywood Association (APA) that vividly illustrates several permanent solutions to the age-old problem of leaky roofs. “APA/SPMC Case Histories: Roof Alterations and Renovations,” pub¬ lished in cooperation with the Southern Pine Marketing Council (SPMC), describes reroofing systems that use lumber and structural wood panels, from huge industrial buildings to mid-sized homes. The 16-page brochure discusses eleven projects, illustrating the “befores” and “afters” of flat roof repairs, new pitched roofs, or historical renovations. In each, roof leaks and unattractive profiles were repaired, once and for all, with new wood roof decks. Structural advantages as well as durability and increased energy efficiency are all covered in the booklet. For your copy of “APA/SPMC Case Histories: Roof Alterations and Renovations,” write the American Plywood Association, Publication Dept. M325, P.O. Box 11700, Tacoma, WA 98411-0700. Single copy costs are $1.00 each (minimum order is $2.00). Industry Updates continued from page 8 Newsletter of The Roof Consultants Institute 10 1991/1992 RCI Calendar Of Events REGION I MEETING January 17, 1992 Factory Mutual Norwood, MA REGION II M EETING/FLORIDA CHAPTER/ RCI BASIC ROOFING SEMINAR LEVEL I January 17, 1992 Orlando, FL REGION VI MEETINGS February 13, 1992 Anaheim, CA Waterproofing – Below Grade (precedes NRCA Convention) June 6, 1992 Reno, NV Roof Decks (precedes WSRCA convention) August 8, 1992 Oakland, CA Metal Roofing 1992 RCI CONVENTION March 15-19, 1992 Nashville, TN Convention Sponsors CORPORATE SPONSORS FOR RCI’S 1992 CONVENTION MARCH 15-19, 1992, NASHVILLE, TENNESSEE Thanks to the following companies: Dow Plastics G.M. Kassem JPS Elastomerics Manville T. Clear Corporation Topcoat Newsletter of The Roof Consultants Institute 11 NEW REGION IV DIRECTOR ELECTED AT RECENT MEETING “Liability in the 90’s – Legal Issues Facing Roofing Consultants” was the topic of discussion at the October 16, 1991 Region IV Meeting held in Dallas, Texas. The meeting was well attended by both members and non-members and included table top displays from Firestone, Siplast, and Manville. Mr. Paul Ridley, Attorney with Hopkins and Sutter, presented the topic and three case studies as real-life examples. A panel discussion was held in the afternoon with the panel consisting of Mr. Steve Patterson of Roof Technical Services, Inc.; Mr. Bill Evans of Phoenix Roofing; Mr. George Firman of Firestone; and Mr. Ridley. The panel discussed several liability issues and standard contract terms. During the business meeting, a new Region IV Director was elected. Michael Blanchette CRC Amtech Roofing Consultants 14107 Hay meadow Dallas TX 75240 214-980-3733 Region IV Meeting New Region IV Director The Florida Chapter of the Roof Consultants Institute met on Septem¬ ber 10, 1991 at the FRCA headquarters in Winter Park/Orlando, Florida. The meeting was attended by eight members and five guests. We had a round table discussion on numerous subjects affecting our industry. This sharing of knowledge and experience is a major benefit of our organiza¬ tion. An informative program was put on by SOPREMA Roofing & Waterproofing, Inc. SOPREMA representatives explained their products and installation specifications. Our next meeting will be con¬ ducted along with the Region II meeting scheduled for January 17, 1992, in Orlando. As always, guests are welcome to attend. ABOUT OUR MEMBERS Dr. Richard E. Norris PE CRC, recently began a post-doctoral re¬ search fellowship at the Naval Civil Engineering Laboratory (NCEL) in Port Hueneme, California. The fellowship is co-sponsored by the Office of Naval Technology (ONT) and NCEL. At NCEL he will continue his recent doctoral research which involves development of test methods and analytical procedures to aid in understanding mechanical properties of modified bitumen roofing materials and systems. The Florida Chapter of RCI Sy Elakman President, Florida Chapter Newsletter of The Roof Consultants Institute 12 Freudenberg Spunweb Company Sponsors November Interface * Freudenberg Spunweb Company manufactures LUtTQdUr’| , a leading spunbond polyester roofing reinforcement for Hot BUR, Cold Application and Modified Bitumen. Freudenberg Spunweb Company is the largest manufacturer of spunbond nonwovens worldwide. Above text supplied by sponsor RCI OFFICERS Donald E. Bush Sr CRC, President Richard M. Horowitz AI A CRC FRCI, First Vice President Joe F. Hale, Second Vice President Sam W. Huff CRC, Secretary Arthur O. Sark, Treasurer CHAIRMAN, RCI PUBLICATIONS COMMITTEE Lyle D. Hogan PE CRC RCI STAFF Paula J. Baker, Executive Manager Tammie S. Mullen, Administrative Assistant Sponsorship for RCI’s INTERFACE newsletter is available on a first-come, first-served basis. Call RCI Headquarters (919)859-0742 for additional information and for available openings. The “Interface Newsletter” is published by the Roof Consultants Institute. Copyright © 1988 Roof Consultants Institute. All rights reserved. Please address all submittals, subscription requests, advertising, etc. to the Roof Consultants Institute, 7424 Chapel Hill Road, Raleigh, NC 27607. Telephone 919/859-0742. The RCI logo, the name “Interface Newsletter” and the title “RCI Certified Roof Consultant” abbreviated “CRC” are the property of the Roof Consultants Institute and must not be used without permission. Disclaimer: The articles contained in this publication have been prepared for, and are intended to provide information that may be useful to members of the Roof Consultants Institute. RCI does not necessarily warrant this information. The reader must evaluate this information in light of the unique circumstances of any particular situation and must determine independently the applicability of this information thereto. Advertising in RCI publications does not constitute endorsement of any product or system by RCI or any of its roof consultant members. Newsletter of The Roof Consultants Institute
