FLORIDA WORKER’S COMPENSATION
CHANGES
Florida Governor Jeb Bush signed SB 50A into law this summer. The new law is
the most comprehensive change in Worker’s Compensation law since 1993.
Many areas of the Workers Comp system were changed. Some of these revisions went
into effect October 1, others will become effective January 1, 2004.
•
Worker’s Compensation exemptions for sole proprietors and partners are
going away.
•
Exempt corporate owners will have to show documentation.
•
The $250,000 commercial project limit has been removed.
•
The definition of employee has been changed.
•
The state of Florida will use a nine-step test to verify independent contractor
status.
•
35 new workers compensation compliance officers are to be hired.
•
Horizontal Immunity has been increased.
•
Will Worker’s Compensation rates be reduced? When? By how much?
Submitted by Don Leggett
IHPA Membership Committee Chairperson
Advanced Risk Management
(813) 637-8877
fax: (813) 637-8484
E-mail: Leggettd@ioa-insurance.com
THE CALM BEFORE THE STORM
We all sat comfortably watching an exciting new season of Sunday football, occasionally
being interrupted with the projected forecast path of hurricane Isabel. Friends
and relatives were quick to dismiss Isabel as any threat to our area, and as
I brought up the potentially catastrophic danger it is likely to bring somewhere
in the coming days, the consensus of the room was that the dangerous effects
of such a storm are really an uncommon event in the South Florida area.
“Just look at how many years in a row its been since we’ve seen any
threatening activity,” someone said. It’s true. Shutters are rusted
and dusty, frail ornaments dangling in the backyard, and plans are being made
to put up a Tiki hut next to the neighbor’s pool. Hurricane Andrew stories
seem more like old wives’ tales rather than memories of recent life-altering
events.
There was no convincing them at the time how vulnerable we truly are and how
minute this calm we have had the past several years in our area really is, but
thanks to a wind design seminar I just attended, I have some more scientific
evidence to share here. Statistically, if there’s a one percent probability
that a 100-year storm could occur during a single year, then during a 30 year
period (the length of a typical house mortgage), there’s a 96 percent chance
that a 10-year storm will occur, and a 45 percent chance that a 50-year storm
will occur.
Using the commentary in ASCE-7 (the current governing source for calculating
wind design parameters), there is an 85 percent chance that an intense hurricane
(Category 3 or higher) will occur over the Florida east coast over the next 15
years and a 90 percent chance that one will occur on the Texas coast in the next
15 years.
Say you’re not big into statistics and you can relate more to actual storm
data. From a recent presentation researching hurricanes making landfall during
the 20th century, we find that 38 percent of the storms that have made landfall
(62 storms) have been Category 1, 27 percent (38 storms) have been Category 2,
and 39 percent (64 storms) have been Category 3 or higher. That’s 164 storms
making landfall over a 100 year period, over a third of which were catastrophic.
This information alone should be enough to outweigh our increasing lackadaisical
attitude toward our frailty against a natural disaster.
I still can recall the weather predictions for Hurricane Andrew at about a week
before it made landfall, too. Weather reports announced with such confidence
that the storm was heading far north of its actual path. Even in the final moments,
the projected forecast was somewhere near Orlando, FL. I don’t even listen
to those forecasts anymore.
Instead, I rely on the unglamorous tropical cyclone discussion from the Web site
www.atwc.org (Atlantic Tropical Weather Center), which accurately tells us what
each computerized storm model is predicting and what the reconnaissance plane
has found. It isn’t afraid either to say as Hurricane Isabel approached
the U.S. coast that we had no real idea what it was going to do.
The interesting thing about this article is that it’s being written before
Hurricane Isabel runs its course so as you read this my warnings to be prepared
will be too late for this storm. I only can hope that the storm does turn away
and lose intensity, and I can only send my condolences to any of those who may
be affected by the storm. I appeal to those reading this to continue to lobby
to maintain and strengthen today’s building codes and product approval
processes across the coastline of the United States and to appeal to those in
the hurricane protection industry not to let up for one single moment on our
moral duty to provide adequate storm protection as we inform, design, market
and install windows, doors, shutters, and related projects to the community.
Submitted by Frank L. Bennardo, P.E.
IHPA Education Committee Chairperson
Consulting Engineer
(561) 391-2888
fax: (561) 391-2862
E-mail: Frank@flbengineering.com
www.flbengineering.com
MORE ON EMERGENCY EGRESS
Many IHPA members have been asking for the documentation for hurricane protection
on egress windows. Below is the code modification the Association has obtained
from the Florida Building Commission (FBC). See also, Hurricane Protection, Summer
2003, page 20.
This is the language from the FBC 2002 Edition with the 2003 Revisions (Glitch
Amendments)
§1005.4.5 Security and hurricane protection devices. Bars, grilles, grates
or similar security devices shall be permitted provided the minimum size and
operational constraints of such devices are in accordance with §1005.4.2, §1005.4.3,
and §1005.4.4. The tempo - rary installation or closure of storm shutters,
panels, and other approved hurricane protection devices, shall be permitted on
emer- gency escape and rescue openings in Group R occupancies during the threat
of a storm. Such devices shall not be required to comply with the operational
constraints of §1005.4.2, §1005.4.3 and §1005.4.4. While such
protection is provided, at least one means of escape from the dwelling or dwelling
unit shall be provided. The means of escape shall be within the first floor of
the dwelling or dwelling unit and shall not be located within a garage. Occupants
in any part of the dwelling or dwelling unit shall be able to access the means
of escape without passing through a lockable door not under their control.
MEANS OF ESCAPE. A way out of a building or structure that does not conform to
the strict definition of means of egress but does provide an alternate way out.
A means of escape consists of a door, stairway, passage or hall providing a way
of unobstructed travel to the outside at street or ground level that is independent
of and remotely located from the means of egress. It may also consist of a passage
through an adjacent nonlockable space, independent of and remotely located from
the means of egress, to any approved exit.
Clearly, June 30 we gained the ability—not lost the ability—to put
hurricane protection on the openings.
Submitted by Joe Belcher, CBO
JDB Code Services, Inc.
(407) 282-6634
fax: (407) 823-7129
e-mail: jbelcher@cfl.rr.com
CODE Q & A
Q: I am told that there is legislation pending by the State of Florida to require
a certified Quality Assurance program, scrutinized by an independent third party,
for several products relating to the hurricane industry.
I am also told that the IHPA may have some issues with the requirement and has
a voice in the matter.
Can someone bring me up to speed?
A: There is no legislation pending; however, FAC Ch. 9B-72 is effective October
1, 2003. The Rule has been under development for at least three years. The rule
will require manufacturers to demonstrate an independent quality assurance program.
Quality assurance agencies are required to be approved by the Florida Building
Commission (FBC). The entire rule may be viewed or downloaded at the Building
Code Information Systems Web site, www.floridabuilding.org. Click on the Product
Approval button.
Submitted by Joe Belcher, CBO
JDB Code Services, Inc.
(407) 282-6634
fax: (407) 823-7129
e-mail: jbelcher@cfl.rr.com
NEW BOARD TAKES OFFICE
The IHPA has elected new members to its Board of Directors. The Board is made
up of 11 individuals representing manufacturers, suppliers, dealers and contractors
in the hurricane protection industry along with associate members. They are elected
to serve a two-year term. Many board members also serve as IHPA officers and
chair its various committees. The current members of the IHPA Board of Directors
are:
Manufacturers:
Doug Thomas
Weather Guard, Inc.
Ormond Beach, FL
(904) 677-5533
fax: (904) 677-9281
E-mail: doug@weatherguardshutters.com
Michael Madden
Madden Mfg.
Pompano Beach, FL
(954) 975-2071
fax: (954) 960-0567
E-mail: madden4mo@aol.com
Gary Stokes
PGT Industries
Nokomis, FL
(800) 282-6019
fax: (941) 480-2757
E-mail: gstokes@pgtindustries.com
www.pgtindustries.com |
Suppliers:
Bill Feeley
Eastern Metals Supply, Inc.
West Palm Beach, FL
(800) 432-2204
fax: (561) 841-0852
E-mail: bfeeley@easternmetal.com
Thomas Johnston
Town & Country Industries
Fort Lauderdale, FL
(800) 394-5019
fax: (954) 970-7705
E-mail: tomj@tc-alum.com
Gregory Mann
All Points Screw Bolt & Specialty Co.
Pompano Beach, FL
(800) 226-5555
fax: (954) 956-9949
E-mail: gregmann@allpointsscrew.com
|
Contractors:
Ed Wells
Hurricane Shutter & Screen
Services, Inc.
Lake Worth, FL
(888) 586-2249
fax: (561) 586-0651
E-mail: huricaneed@aol.com
Gene Enyart
Signature Storm Protection, Inc.
Boca Raton, FL
(561) 391-5191
fax: (561) 391-1023
E-mail: gene@signaturestormprotection.com
John Noble
AABCO Storm Shutter MFG, Inc.
Deerfield Beach, FL
(954) 428-0208
fax: (954) 428-0804
E-mail: aabcojohn@aol.com |
Associate:
John Knezevich, PE
Fort Lauderdale, FL
(954) 382-2800
fax: (954) 382-2989
E-mail: vjk@knezevich.com |
President
Frank Storms
Advanced Aluminum Construction
13035 SW 122 Ave.
Miami, FL
(305) 256-7773
fax: (305) 256-8887
E-mail: storms@bellsouth.net |
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