The monthly publication of the Lake Region Builders Association.
8
PAGE 1 A CUT ABOVE Lake Region Builders Association AUGUST 2012 A MONTHLY NEWSLETTER SERVING BECKER, OTTERTAIL, NORMAN, WILKIN AND MAHNOMEN COUNTIES Just as I sat down to write my Au- gust article I heard from my computer “you got mail”. Upon opening my e-mail I was delighted to read an e-mail from BAM-Pam Perri, titled “WE WON!” As it turns out she was referencing the lawsuit we have against the city of St. Paul. e city had made up their own building code requiring egress windows & wells that are larger than what build- ing code calls for. In a nutshell the judge says that a city may not circumvent the preemption provisions of the state building code by indirectly adopting its own building regulation. is is a huge victory! Let’s keep our fingers crossed and hope there will not be an appeal, it doesn’t sound like there will be. You may find yourself asking what difference does a lawsuit against the City of St. Paul make for us here in the LRBA region. e answer is that we are sending a message to all city municipalities. e message is also more than for egress windows. Remember the judgment says… “A city may not circumvent the preemption provisions of the state building code by indirectly adopting its own building regulation.” is shuts the door on all Minnesota municipalities who may want to make up their own building codes. We have enough new regulation coming at us from the federal & state government; we don’t need the city government adding to the pile. Bryan Schoenberger, President BUILDERS BUZZ Please mark your schedules and plan to attend. TBG pro- vides the dinner (hamburger and fries) and the speaker. We will have a safety topic for the agenda. If you have some- thing you would like covered, please call the office. 1040 Randolph Road • Detroit Lakes 218-847-7459 www.ModernHeatingAndPlumbing.com For Your Familys Comfort 30614 SunSet Road • detRoit LakeS 218-847-1946 Residential • new Homes & Remodeling licensed & Bonded • electRical contRacting 18872 Co Hwy 21 • Detroit Lakes Tom Kirby, manager 218-847-1133 or 1-888-757-1133 Safety is a Way of Life BREAKFAST WITH THE CONTRACTORS: Our first breakfast with the Contractors was held on the 26th at ProBuild. I really appreciate those that came. Hunter Briard, Tom Crowell and cohorts at- tended, to find out the newest from DuPont from Tim Roble. Rolls were great. Hope you can make it to the next one. Pro-build, Stenerson Lumber and Crane Johnson with Tim Roble of LaVelle Company and the LRBA will be partnering to hold mini morning meetings for builders, with rolls and cof- fee being served. ese meetings will be held at 7:00 a.m. with Tim being the speaker. You can come to one or come to all. August 2nd is at Crane Johnson Lumber Co. in Perham and August 8th is at Stenerson Lumber. Spread the word to non-member builders. OUR NEXT MEETING IS SCHEDULED FOR SEPTEMBER 13TH AND WILL BE SPONSORED BY THE BUILDERS GROUP “SPIFF FOR BUCKS” SPIFF FOR BUCKS” is our new member campaign for 2012. e NAHB will be giving the association back 50% or $75.00 for each new member we have over the number we had on December 31st, 2011. is runs through December 31st, 2012. Because of this the LRBA board with the recommendation of Tim Roble, chair of the membership committee, de- cided to do our own membership campaign. We are going to give $25.00 to the member that brings in a new member. We need to get our subs and others to join our association. We can do this by promoting what you as a member get out of being a member, by having NAHB and BAM working on trying to make sure the laws and regulations make for good practices for the builder and consumers. In monetary benefits, by having Verizon for themselves and their employees, will usually cover the cost of your membership plus more. Lets get people to know the advantages of being a member and shoot for 30 new members for this year. FRANCIS CONSTRUCTION — Dave Francis — 218-847-4054 — Scott Francis — 218-847-3556 Specializing In... Offering... • State of the art construction materials & techniques • High quality workmanship • Complete satisfaction guaranteed • New Homes • Steel Siding • Remodeling • Garages • Additions • Replacement Windows • Decks • Sunrooms “Your Hometown Quality Builder & Remodelers”
Transcript
page 1page 8
A Cut AboveLake Region Builders AssociationAugust 2012
A monthly newsletter serving beCker, ottertAil, normAn, wilkin And mAhnomen Counties
Just as I sat down to write my Au-gust article I heard from my computer “you got mail”. Upon opening my e-mail I was delighted to read an e-mail from BAM-Pam Perri, titled “WE WON!” As it turns out she was referencing the lawsuit we have against the city of St. Paul. The city had made up their own building code requiring egress windows & wells that are larger than what build-ing code calls for. In a nutshell the judge says that a city may not circumvent the preemption provisions of the state building code by indirectly adopting its own building regulation. This is a huge victory! Let’s keep our fingers crossed and hope there will not be an appeal, it doesn’t sound like there will be. You may find yourself asking what difference does a lawsuit against the City of St. Paul make for us here in the LRBA region. The answer is that we are sending a message to all city municipalities. The message is also more than for egress windows. Remember the judgment says… “A city may not circumvent the preemption provisions of the state building code by indirectly adopting its own building regulation.” This shuts the door on all Minnesota municipalities who may want to make up their own building codes. We have enough new regulation coming at us from the federal & state government; we don’t need the city government adding to the pile.
Bryan Schoenberger, President
builders buZZ
president bryan schoenberger, Pike Creek Builders/Modern Living Concepts
seCretAry/treAsurer Jason Coley, Don Tietz Construction
pAst president tim roble
viCe president nick green, Green's Plumbing and Heating
eXeCutive oFFiCer sharon westerholm
tim roble, Lavelle Company
mike hough, Hough, Inc.
greg neisen, Crane Johnson Lumber, Perham
nick green, Green's Plumbing and Heating
marty ekern, Apex Electric
shaun engelsrud, Kinetico
scott buchholz, Scott Buchholz Construction
boArd oF direCtors
— visit bam.org each week for updates —
525 Park Street, Suite 150 • St. Paul, MN 55103p. 1.800.654.7783 or 651.646.7959f. 651.646.2860 www.bamn.org
1201 15th Street, NW • Washington, DC 20005p. 800.368.5242 or 202.266.8200x0f. 202.266.8400 www.nahb.org
lrbA leAdership
Please mark your schedules and plan to attend. TBG pro-vides the dinner (hamburger and fries) and the speaker. We will have a safety topic for the agenda. If you have some-thing you would like covered, please call the office.
Homes of DistinctionGeneral ContraCtor
new Homes
remodelinG
residential
CommerCial
Call us today to start planning your perfect home.
DON TIETZ CONSTRUCTION, INC.
“The name built on quality” 439-6271
Thirty years of excellence
1040 Randolph Road • Detroit Lakes
218-847-7459www.ModernHeatingAndPlumbing.com
For Your Familys Comfort
30614 SunSet Road • detRoit LakeS
218-847-1946
Residential • new Homes & Remodelinglicensed & Bonded • electRical contRacting
mn lic# Bc-20460621nd lic# 32002
Detroit Lakes, MNHome (218) 846-0079
Cell (218) 849-4489
“Committed to Quality & Service”• Post Frame Buildings• Residential• New Construction• Remodeling• Garages
• Doors & Windows• Decks• Siding• Light
Commercial
18872 Co Hwy 21 • Detroit LakesTom Kirby, manager
218-847-1133 or 1-888-757-1133
Safety is a Way of Life
breAkFAst with the ContrACtors:Our first breakfast with the Contractors was held on the 26th at ProBuild. I
really appreciate those that came. Hunter Briard, Tom Crowell and cohorts at-tended, to find out the newest from DuPont from Tim Roble. Rolls were great. Hope you can make it to the next one.
Pro-build, Stenerson Lumber and Crane Johnson with Tim Roble of LaVelle Company and the LRBA will be partnering to hold mini morning meetings for builders, with rolls and cof-fee being served. These meetings will be held at 7:00 a.m. with Tim being the speaker. You can come to one or come to all. August 2nd is at Crane Johnson Lumber Co. in Perham and August 8th is at Stenerson Lumber. Spread the word to non-member builders.
our neXt meeting is sCheduled For september 13th And will be
sponsored by the builders group
This space available!Contact Sharon at 847-0699 for
[email protected] • www.geodirectsupply.comOver 20 years of Geo-Thermal Experience
GeoSupply, inc.DIRECT
“spiFF For buCks” SPIFF FOR BUCKS” is our new member campaign for 2012. The NAHB
will be giving the association back 50% or $75.00 for each new member we have over the number we had on December 31st, 2011. This runs through December 31st, 2012. Because of this the LRBA board with the recommendation of Tim Roble, chair of the membership committee, de-cided to do our own membership campaign. We are going to give $25.00 to the member that brings in a new member. We need to get our subs and others to join our association. We can do this by promoting what you as a member get out of being a member, by having NAHB and BAM working on trying to make sure the laws and regulations make for good practices for the builder and consumers. In monetary benefits, by having Verizon for themselves and their employees, will usually cover the cost of your membership plus more. Lets get people to know the advantages of being a member and shoot for 30 new members for this year.
francis construction
— Dave Francis — 218-847-4054
— Scott Francis — 218-847-3556
Specializing In...
Offering...• State of the art construction materials & techniques • High quality workmanship • Complete satisfaction guaranteed
• New Homes • Steel Siding • Remodeling • Garages • Additions • Replacement Windows • Decks • Sunrooms
“Your Hometown Quality Builder & Remodelers”
Code oF ethiCsMembers of the Home Builders association subscribe to the following Code of ethics
n Members shall constantly seek to provide better val-ues for the customers they serve.
n Members shall at times share their knowledge with fellow members in the public in the best interest of those they serve.
n Members shall not obtain any business by means of fraudulet statements or by use of implications unwar-ranted by fact or reason-able probability.
n Members shall comply, both in spirit and letter, with rules and regulations prescribed by law and government agencies for health, safety and progress of the community.
n Members shall not perform a cause to be performed at any act which would tend to reflect on or bring into disrepute any party of the industry served by this as-sociation.
“to promote professionalism and to educate members and
consumers on legislative issues, while fostering
cooperative relationships for all stakeholders”
page 7page 2
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
Where did it go? Sounds like there are finally some new homes being built, so I hope that it is busier for everyone. I hope to see some new homes for a Tour of Homes, whether it is in the Fall yet, or in the
Spring - probably in the Spring as some of those new homes won’t be done till towards Spring. I am also looking for some builders to get on the Tour of Homes Committee. I have three associates so far, but no builders. BUILDERS ARE NEEDED! Please Call me if you can be part of this fun committee. If we can put it together, I would like to do a book, and we would sell the ads and have the books printed. More information will be coming as things progress.
I am also looking at holding another lead (RRP) class. If you haven’t taken the class, call me so I can get you on the list.
I also want to make sure all the information on our website is correct. Please login to www.lakeregionbuilders.com and check over your listing. If corrections need to be made, please let me know so it can be updated.
Committee members are needed for most of our committees - Please look over the list in this newsletter, see if you are on a committee, if not pick one or two or three. Member involvement helps keep you informed. The organization cannot operate without committee members.
“Spiff for Bucks” is going on till December 31st. If you have a sub that is not a member, sign them up. Subs (Associate members) are a vital part of our association and they benefit from the homes and remodeling that you do.
Till next month….. Enjoy the summer.
MN Builder is BAM’s blog providing up to date news on the housing industry in Min-nesota. Information found on the blog include hot topics such as the new Independent Contractor Rule in effect as of July 1, 2012, the court ruling on the lawsuit filed by NAHB regarding the EPA’s removal of the opt-out provision in its lead rule, and the facts about the rumored 3.8% sales tax on homes. To have MN Builder de-livered to you visit bamn.org/mnbuilderblog and scroll to the bottom of the page. Enter your email address and a confirma-tion will be sent to you. Be sure to click the confirmation link and you’re all set; it’s that easy!
Independent Contractor Rule in Effect as of July 1, 2012 [Government Relations Section]
Starting July 1, 2012 the Minnesota Department of La-bor and Industry (DLI) will be phasing in a new two-year pilot program registration system that replaces the ICEC and 2% withholding requirements. The pilot program requires con-struction contractors, includ-ing independent contractors and business entities, to regis-ter with DLI by September 15, 2012.|
Exempted from this reg-istration are those who are al-ready licensed, certified, or reg-istered with DLI, or those who are employees of a company al-ready licensed, certified, or reg-istered. No fee will be charged for initial registration.
For More Visit: http://bamn.org/mnbuilderblog/cat-egory/government-relations/
EPA’s Removal of Lead Rule Opt-Out Provision Up-held by U.S. Court of Appeals [NAHB Section]
The U.S. Court of Appeals for the D.C. Circuit ruled June 22, 2012 that the decision by the Environmental Protection Agency (EPA) to remove the “opt-out” provision from its lead rule is legal.
The EPA included the opt-out provision in the original 2008 Lead: Renovation, Re-pair and Painting Program Rule (LRRP Rule), but agreed in 2010 to remove the provi-sion to resolve a legal challenge against the rule. The removal of the opt-out provision more than doubled the number of homes subject to the LRRP Rule. According to NAHB, “The agency estimates that this will add more than $500 million per year to the cost of the regu-lation.” A coalition of industry trade groups led by NAHB filed a petition for review in the D.C. Circuit Court of Appeals challenging the removal of the opt-out. The court issued its decision in favor of the EPA, finding that federal agencies may change existing regula-tions so long as the amended rule is allowed by the statute and the agency acknowledges the change in course. With regard to the opt-out, NAHB states, “The court ruled that since the EPA was not obligat-ed to include an opt-out provi-sion in the LRRP Rule, it could remove the provision without offering new information to justify its removal.”For More Visit: http://bamn.org/mnbuil-derblog/nahb
Facts on Rumored 3.8% Sales Tax on Homes [NAHB Section]
NAHB has been tracking a set of emails that falsely claim that the 2010 health care re-form legislation imposed a 3.8% sales tax or transfer fee on all home sales in 2013. NAHB states the 3.8% tax is not in any way a sales tax paid against the sales price of the home for either the home seller or home buyer. Nor is it an additional business income tax for home builders selling a new home out of inventory.
According to NAHB, there is an element of fact underly-ing the rumor, but for the most part the claim is false. Read the facts about the sales fax at bamn.org/mnbuilderblog/category/nahb For More Visit: http://bamn.org/mnbuilder-blog/category/nahb/
Get Information on the Minnesota Building Indus-try as it Happens
Twitter. Sign up to have BAM Executive Vice President Pam Perri’s tweet show up on your phone as a text message. www.twitter.com/pperri
New to Twitter? The BAM Tweetorial (found at: http://bamn.org/images/documents/twitter-how-to-bam-tweeto-rial-2011.pdf) will walk you through step-by-step.
Facebook. Photos, links and news about Minnesota’s resi-dential construction industry. Check it out at: http://www.facebook.com/BuildersAsso-ciationOfMinnesota
BAM Monthly ColuMn
Crane JohnsonLumber Co.
established 1883
620 East Main • Perham, MN 56573phone 218.346.5555 • fax 218.346.9200
GreG NeiseNsalEs MaNagEr
code UpdateTo date, BAM has written three
letters to the Department of Labor and Industry (DLI); two on the fire sprinkler issue and one on the energy code. You can access all of these letters on the BAM blog here. The BAM code committee met in mid-June to discuss next steps and prepare for the June 21, 2012 CCAC (Construction Code Advi-sory Committee) meeting. CCAC mem-bers heard an overview from DLI staff on the following codes: 1341 (Acces-sibility Code), 1311 (Existing Building Code), 1300 (Administration), 1346 (Mechanical Fuel & Gas Code), 1307 (Elevator) and 1303 (Radon).
BAM reviewed the draft documents for each of the codes pertaining to resi-dential construction and found DLI staff had eliminated BAM’s alternative method for radon construction from the Chapter 1303 code document. This is unfortunate given that the techni-cal advisory committee had approved adding BAM’s method to the code. Our alternative method was written by an engineer and has been available on the BAM website for the last few years. The method is available here.
At the CCAC meeting, BAM had an opportunity to express our concerns about the absence of the method and discuss our methodology. Department staff said they will take into consider-ation the discussion prior to releasing the final draft of the radon code. DLI staff informed the CCAC that the resi-dential code and energy code would be reviewed at the end of July or perhaps August, given the difficulty of summer schedules. In addition, DLI has hired the University of Minnesota to further study the proposed energy code foun-dation requirements for issues such as durability, moisture, enforcement, cost benefit and other issues required by MN Statute 326B.118.
An outstanding issue in the energy code is the proposed requirement for all
new construction to have a blower door test to measure air tightness. The 2012 IECC requires all new construction to have a blower door test. BAM will put out a survey to all of our builder mem-bers asking what they think about the requirement of blower doors and who should be able to conduct them. Watch for the survey and results.
subcontractor Registration Update
The Department of Labor & In-dustry is still working on the format for the new subcontractor registration which is required by September 15, 2012. As you may recall from our last update, ALL subcontractors not cur-rently licensed will be required to regis-ter free of charge with the Department of Labor & Industry. DLI tells us the registration should be up and running with a link by JULY 15, 2012. More to come as it’s available.
environmental Quality board In November of last year, Governor
Dayton issued an Executive Order on improving the environmental permit-ting process. I received a call yesterday from the staff at the Environmental Quality Board (EQB) about collecting input to meet the objectives of the ex-ecutive order. The EQB has conducted a number of focus groups from local gov-ernments, state government agencies, non-profit groups, environmentalists and water quality boards. However, as they wrap up the focus group process, they have not received much input from the construction and develop-ment industry.
They are conducting their last public focus group on Tuesday, July 10, from 1:30 to 4:00 pm at the Roseville Public Library located at 2180 North Ham-line, Roseville MN 55113. Since this meeting may be difficult for our mem-bers to attend, I suggested a construc-tion-specific focus group might provide more insight. I also requested that if we pull together a group from the indus-
try, would EQB staff attend to get our industry’s perspective. Randy Doneen from the EQB told me that he would attend and said every recommendation made by any sector would be evaluated and reviewed by the EQB. As soon as a date is set, I will let members know.
Thank You to baM election Fund Donors
A big THANK YOU to Pillar Homes and Amcon Block for being the latest companies to donate to BAM’s Build-ing MN Homes – Building MN Jobs 2012 Election Fund.
BAM has created an independent expenditure fund as a way to work to-gether statewide to ensure we elect can-didates that support our industry. The dollars will be used to purchase flyers, advertisements and radio support for candidates who support the residential construction industry and small busi-ness. To date, over 15 member compa-nies have stepped to the plate to meet our goal of $25,000.
BAM is seeking 50 members to step up and lead the effort by committing $500 from their business to support this effort. Now is the time to act to-gether to support candidates who sup-port the building industry! 50 member companies - $500 each - 50 days. Let’s do this!
To donate: Download the form, print and fill out and mail to BAM, 525 Park Street, Suite 150, Saint Paul, MN 55103. Call us or donate online.
For more information visit: bamn.org/events and click on Building MN Homes – Building MN Jobs. introducing county commission-
er candidates Rocky schneider and Jane Deaustin
This year we have two local associa-tion staff running for County Commis-sioner seats! Jane DeAustin, Director of Government Affairs for the Central Minnesota Builders Association, is
The Minnesota Court of Ap-peals issued their decision this morning at 10:00 on BAM’s lawsuit against the City of Saint Paul. The issue centered on Saint Paul’s egress window policy
which exceeded the State Build-ing Code. BAM lost in District Court, appealed, and today, we were victorious.
The court syllabus is below:A city may not circumvent
the preemption provisions of the state building code by indi-rectly adopting its own building
Bylaws (1) – Dave FrancisOversees Bylaws and reviews if nec-
essary. Community Projects (1) – Ed Jutz,
Mike Houge, Rick MickelsonLooks for and reviews projects to
bring to the board. Over sees project completion.
Education and Programs (2) – Dave Francis, Jason Coley ____________
Works with EO to find educational programs for meetings, and input for continuing education programs.
Treasure/Secretary – (Board Mem-ber) Jason Coley ____________
Over sees the accounts, works with EO to balance books and set yearly bud-
get.Membership/Retention – Tim
Roble, Linda Jutz, Dave Francis ____________
Works with EO to coordinate mem-bership drives, new member orienta-tion, and develop retention plan.
Nominating – Bryan Schoenberg-er, Sharon, All Board Members
Finds nominations for awards, and future board members.
Home and Garden Show Commit-tee - Chairs AL Clark & Perry Nod-sle, members: Brenda Eidenschink ,Mike Eidenschink, Perry Nodsle, Ed Jutz, Linda Jutz, Jason Coley ____________
Conduct and oversee the Home and Garden Show/Silent Auction/Scholor-ships.
Silent Auction Committee - Mar-tha Buchholz, Linda Jutz, Ellie Fran-cis, Tamie Heille, Brenda Eidenschink
Scholarship Committee - Perry Nodsle, Brenda Eidenschink, Jean Zayic ____________
Builders Expo – Tim Roble, Bryan Schoenberger ____________
Set up Expo for vendors, works with education committee to offer continu-ing education and line up sponsors.
Electrical Expo – Mike Eiden-schink, Marty Ekren and Brad Mal-strom
Set up Electrical Expo for vendors, works with education committee to of-fer continuing ed.
State Legislative – Bryan Schoen-berger and Nick Green
Represents the Association at the State Board Meetings (2 needed only).
Trap Shoot – Perry Nodsle, Mike Eidenschink
Set and conduct trap shooting event.
Annual Meeting – Linda Jutz, Ellie Francis, Skye Fingalson ____________
Tour of Homes - ____________Government Relations_Bryan
Schoenberger ____________
lrbA Committees 2012we Are still in need oF Committee members. pleAse look the list over And let us know whAt you would like to serve on.
getting involved
is key!!
you will get out of your membership what you put in!
* Join An event Committee* Attend monthly meetings* Attend All of our events
page 5page 4
PROMPT PROFESSIONAL SERVICEFOR ALL YOuR PLuMBINg NEEdS
Locally Owned & OperatedLicense #002739PM 1 Mile North on Hwy 59
GREEN’S
218-847-7542
PLUMBING & HEATING, INC.18550 US Hwy 59 NDetroit Lakes, MN
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
at a glance
oFCAlendAr
eventsbreAkFAst with the ContrACtors:
August 2nd - Crane Johnson - 7:00 a.m.August 8th - Stenerson Lumber - 7:00 a.m.
July And August NO MEETINGS
september 13th THE BUILDERS GROUP IS SPONSORING WITH HaMBURGER & fRIES PROvIDED
oCtober 11th TBD
november 15th PaM PERRI fROM BaM
JAnuAry 13th ELECTRICaL EXPO
JAnuAryaNNUaL MEETING - TIME & PLaCE TBD
FebruAry12thBUILDERS EXPO
— JaCKPoT DRaWINg SPoNSoRS —
ARE you DoInG BuSInESS WIth MEMBERS?In the tough economy that we are in, it is more important than ever, to use the services of our members. Our associates
help keep the association going, with their membership, their volunteering on our projects, the Home Show and other events. Likewise for the associates, if they need the use of a contractor or can recommend a contractor, it is important for them to use one of our fellow members. If you are using services from non-members, encourage them to become a member of our association. This benefits everyone!!!
JACKPOT DRAWING WINNERS WILL BE HELD AGAIN
STARTING IN SEPTEMBER will YOU be a wiNNeR???
SPONSORS FOR THE DRAWING ARE AGAIN MIDWEST BANK AND THE BUILDERS GROUP. $40.00 A MONTH WILL BE GIVEN OUT IF YOUR NAME IS CALLED AND YOU ARE THERE. If the prize is not won, they money rolls over to the next month.
regulation through a “policy” rather than an ordinance or formal enactment. The state building code preempts such municipal policies to the same extent that it preempts municipalities’ ordinances or formal enact-ments that differ from the uniform state code.
The good news continues. The Court of Appeals may choose whether or not to pub-lish a decision. In fact, a majority of their decisions remain unpublished which means they are not technically binding precedent. The decision today was published and is therefore a binding precedent.
A big thank you goes to BAM’s Legal Action Committee and BAM’s attorney Joe Springer at Fredrikson & Byron for all their hard work on this case. Joe argued like a champ at the Court of Appeals.
Case Timeline This case began in November 22, 2010
when BAM sent a cease and desist letter to the City of St. Paul. When the City did not respond, BAM filed a summons and complaint March 18, 2011 in the Ramsey County District Court. The hearing was held Thursday July 7, 2011.
The district judge ruled against BAM on the grounds that a policy made by a city is not an ordinance and therefore does not violate the state building code. If the rul-ing had been allowed to stand it would have meant any city in Minnesota could use a policy to override the state building code and dilute the power of the code. BAM had case law to refute that argument with Sax v. Morris, so BAM’s Legal Action Commit-tee made the decision to appeal. It was filed January 17, 2012 and oral arguments were heard May 9, 2012. And today we won!
What it MeansThis win today, upholds the Minnesota
Supreme Court ruling on Sax v. City of Mor-ris, and signals to all municipalities in Min-nesota the importance of not exceeding the state building code by ordinance, by formal enactment, by development agreement, or by “policy.” This is a significant WIN for the industry.
While we are pleased with the ruling, the City of St. Paul may appeal to the Min-nesota Supreme Court. However, the Min-nesota Supreme Court only takes 5% of all appeal requests.
Read the decision at bamn.org/legisla-tion or here.
running for Benton County Com-missioner. And Rocky Schneider, Director of Public Affairs for the Home Builders Association of Far-go-Moorhead, is running for Cass County Commissioner. We hear Rocky recently won his primary - Congratulations! His campaign website is: http://www.rockysch-neider.com/ Details on Jane’s cam-paign to come! We wish them both well in their respective races.
Week of July 16, 2012
subcontractor Registration program Now in effect
The Department of Labor and Industry launched the new Subcon-tractor Registration Pilot Program July 15th. The program was put into place during the 2012 Minnesota Legislative Session and became ef-fective July 1st. While DLI is calling it a contractor registration program, it’s actually for subcontractors.
All construction contractors not already licensed by the Department of Labor and Industry must register with the Minnesota Department of Labor and Industry. This pertains to both commercial and residential construction.
All subs must be registered by September 15th, 2012 to avoid en-forcement penalties. Enforcement begins September 15th. There are significant potential fines for gen-eral contractors employing subcon-tractors that are not registered.
Registration is free and can be done online at: www.dli.mn.gov/register.
BAM has put together a page with all the information and links available as well as a handout that can be given to subcontractors. Both are found at: www.bamn.org/education
For all information BAM has to date visit www.bamn.org/educa-tion including:
• Letter received from DLI, • One-page explanation of the
mn.us Frequently Asked QuestionsQ: Who has to register?A: An individual or business
entity that performs building con-struction or improvement services must register with DLI unless they:
• Have a current license, certifi-cate or registration issued by DLI;
• Have a current independent contractor exemption certificate;
• Are an employee of a business performing construction services; or
• Are exempt from licensing un-der Minnesota Statutes 326B.805, subd. 6 (5) or excluded from regis-tration requirements under Minne-sota Statutes 181.723, subd. 4a.
Contractors who hire unregis-tered subcontractors, misclassify workers and fail to register are in violation of the law, which can re-sult in civil penalties.
• Q: If I am a builder or re-modeler, which means a license is required, do I have to register?
A: The answer is no.If contractors are performing
any construction work for which a license, certification or separate reg-istration is required under Minn. Stat. chapter 326B (i.e. Boiler, Elec-trical, Elevator, HPP, Plumbing or Residential Building Contractor), they must apply for a license and may not submit a Contractor Registration.
Contact DLI’s Construction Codes and Licensing Division (CCLD)'s Licensing Services at (651) 284-5031 (personal licenses) or (651) 284-5034 (business licens-es) for more information.
Q: How do I register?A: Registration is an online pro-
cess and can be done at: www.dli.mn.gov/register
Q: How do I verify registra-tion?
A: Available on the DLI License Lookup link found on the DLI homepage (www.dli.mn.gov) and at the following address: https://secure.doli.state.mn.us/lookup/li-censing.aspx.
A registered contactor can be found quickly by clicking on “busi-ness” and then typing any portion of the contractor’s name into the search field.
NAHB members can get a $500* private offer toward the purchase or lease of most new Gm vehicles. GM offers a wide selection of vehicles, including the 2011 Chevrolet Silverado 3500HD. This private offer is compatible with many GM consumer incentive programs. Visit gmfleet.com/nahb for more details.
redeeming this private offer is easy: 1) Obtain your NAHB proof of membership form at nahb.org/ma. 2) Visit your GM dealer and mention this private offer. 3) Choose an eligible vehicle(s) to purchase or lease and present your NAHB proof of membership form to your dealer.
Through the GM Business Choice Program,† business owners receive even more when purchasing or leasing an eligible Chevrolet or GMC van, truck or SUV for business use. For program details, visit gmbusinesschoice.com.
$500* offer from GM.NAHB members can get a $500* private offer toward the purchase or lease of most
new GM vehicles. Learn more at: gmfleet.com/nahb.
HOw iT wOrkS: 1) Get your NAHB proof of membership form at nahb.org/ma. 2) Bring form to your GM dealer and mention this private offer. 3) At time of purchase or lease, present your NAHB Proof of membership.
CONTINUED FROM PAGE 2 >> CONTINUED FROM PAGE 2 >>
page 5page 4
PROMPT PROFESSIONAL SERVICEFOR ALL YOuR PLuMBINg NEEdS
Locally Owned & OperatedLicense #002739PM 1 Mile North on Hwy 59
GREEN’S
218-847-7542
PLUMBING & HEATING, INC.18550 US Hwy 59 NDetroit Lakes, MN
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
at a glance
oFCAlendAr
eventsbreAkFAst with the ContrACtors:
August 2nd - Crane Johnson - 7:00 a.m.August 8th - Stenerson Lumber - 7:00 a.m.
July And August NO MEETINGS
september 13th THE BUILDERS GROUP IS SPONSORING WITH HaMBURGER & fRIES PROvIDED
oCtober 11th TBD
november 15th PaM PERRI fROM BaM
JAnuAry 13th ELECTRICaL EXPO
JAnuAryaNNUaL MEETING - TIME & PLaCE TBD
FebruAry12thBUILDERS EXPO
— JaCKPoT DRaWINg SPoNSoRS —
ARE you DoInG BuSInESS WIth MEMBERS?In the tough economy that we are in, it is more important than ever, to use the services of our members. Our associates
help keep the association going, with their membership, their volunteering on our projects, the Home Show and other events. Likewise for the associates, if they need the use of a contractor or can recommend a contractor, it is important for them to use one of our fellow members. If you are using services from non-members, encourage them to become a member of our association. This benefits everyone!!!
JACKPOT DRAWING WINNERS WILL BE HELD AGAIN
STARTING IN SEPTEMBER will YOU be a wiNNeR???
SPONSORS FOR THE DRAWING ARE AGAIN MIDWEST BANK AND THE BUILDERS GROUP. $40.00 A MONTH WILL BE GIVEN OUT IF YOUR NAME IS CALLED AND YOU ARE THERE. If the prize is not won, they money rolls over to the next month.
regulation through a “policy” rather than an ordinance or formal enactment. The state building code preempts such municipal policies to the same extent that it preempts municipalities’ ordinances or formal enact-ments that differ from the uniform state code.
The good news continues. The Court of Appeals may choose whether or not to pub-lish a decision. In fact, a majority of their decisions remain unpublished which means they are not technically binding precedent. The decision today was published and is therefore a binding precedent.
A big thank you goes to BAM’s Legal Action Committee and BAM’s attorney Joe Springer at Fredrikson & Byron for all their hard work on this case. Joe argued like a champ at the Court of Appeals.
Case Timeline This case began in November 22, 2010
when BAM sent a cease and desist letter to the City of St. Paul. When the City did not respond, BAM filed a summons and complaint March 18, 2011 in the Ramsey County District Court. The hearing was held Thursday July 7, 2011.
The district judge ruled against BAM on the grounds that a policy made by a city is not an ordinance and therefore does not violate the state building code. If the rul-ing had been allowed to stand it would have meant any city in Minnesota could use a policy to override the state building code and dilute the power of the code. BAM had case law to refute that argument with Sax v. Morris, so BAM’s Legal Action Commit-tee made the decision to appeal. It was filed January 17, 2012 and oral arguments were heard May 9, 2012. And today we won!
What it MeansThis win today, upholds the Minnesota
Supreme Court ruling on Sax v. City of Mor-ris, and signals to all municipalities in Min-nesota the importance of not exceeding the state building code by ordinance, by formal enactment, by development agreement, or by “policy.” This is a significant WIN for the industry.
While we are pleased with the ruling, the City of St. Paul may appeal to the Min-nesota Supreme Court. However, the Min-nesota Supreme Court only takes 5% of all appeal requests.
Read the decision at bamn.org/legisla-tion or here.
running for Benton County Com-missioner. And Rocky Schneider, Director of Public Affairs for the Home Builders Association of Far-go-Moorhead, is running for Cass County Commissioner. We hear Rocky recently won his primary - Congratulations! His campaign website is: http://www.rockysch-neider.com/ Details on Jane’s cam-paign to come! We wish them both well in their respective races.
Week of July 16, 2012
subcontractor Registration program Now in effect
The Department of Labor and Industry launched the new Subcon-tractor Registration Pilot Program July 15th. The program was put into place during the 2012 Minnesota Legislative Session and became ef-fective July 1st. While DLI is calling it a contractor registration program, it’s actually for subcontractors.
All construction contractors not already licensed by the Department of Labor and Industry must register with the Minnesota Department of Labor and Industry. This pertains to both commercial and residential construction.
All subs must be registered by September 15th, 2012 to avoid en-forcement penalties. Enforcement begins September 15th. There are significant potential fines for gen-eral contractors employing subcon-tractors that are not registered.
Registration is free and can be done online at: www.dli.mn.gov/register.
BAM has put together a page with all the information and links available as well as a handout that can be given to subcontractors. Both are found at: www.bamn.org/education
For all information BAM has to date visit www.bamn.org/educa-tion including:
• Letter received from DLI, • One-page explanation of the
mn.us Frequently Asked QuestionsQ: Who has to register?A: An individual or business
entity that performs building con-struction or improvement services must register with DLI unless they:
• Have a current license, certifi-cate or registration issued by DLI;
• Have a current independent contractor exemption certificate;
• Are an employee of a business performing construction services; or
• Are exempt from licensing un-der Minnesota Statutes 326B.805, subd. 6 (5) or excluded from regis-tration requirements under Minne-sota Statutes 181.723, subd. 4a.
Contractors who hire unregis-tered subcontractors, misclassify workers and fail to register are in violation of the law, which can re-sult in civil penalties.
• Q: If I am a builder or re-modeler, which means a license is required, do I have to register?
A: The answer is no.If contractors are performing
any construction work for which a license, certification or separate reg-istration is required under Minn. Stat. chapter 326B (i.e. Boiler, Elec-trical, Elevator, HPP, Plumbing or Residential Building Contractor), they must apply for a license and may not submit a Contractor Registration.
Contact DLI’s Construction Codes and Licensing Division (CCLD)'s Licensing Services at (651) 284-5031 (personal licenses) or (651) 284-5034 (business licens-es) for more information.
Q: How do I register?A: Registration is an online pro-
cess and can be done at: www.dli.mn.gov/register
Q: How do I verify registra-tion?
A: Available on the DLI License Lookup link found on the DLI homepage (www.dli.mn.gov) and at the following address: https://secure.doli.state.mn.us/lookup/li-censing.aspx.
A registered contactor can be found quickly by clicking on “busi-ness” and then typing any portion of the contractor’s name into the search field.
NAHB members can get a $500* private offer toward the purchase or lease of most new Gm vehicles. GM offers a wide selection of vehicles, including the 2011 Chevrolet Silverado 3500HD. This private offer is compatible with many GM consumer incentive programs. Visit gmfleet.com/nahb for more details.
redeeming this private offer is easy: 1) Obtain your NAHB proof of membership form at nahb.org/ma. 2) Visit your GM dealer and mention this private offer. 3) Choose an eligible vehicle(s) to purchase or lease and present your NAHB proof of membership form to your dealer.
Through the GM Business Choice Program,† business owners receive even more when purchasing or leasing an eligible Chevrolet or GMC van, truck or SUV for business use. For program details, visit gmbusinesschoice.com.
$500* offer from GM.NAHB members can get a $500* private offer toward the purchase or lease of most
new GM vehicles. Learn more at: gmfleet.com/nahb.
HOw iT wOrkS: 1) Get your NAHB proof of membership form at nahb.org/ma. 2) Bring form to your GM dealer and mention this private offer. 3) At time of purchase or lease, present your NAHB Proof of membership.
CONTINUED FROM PAGE 2 >> CONTINUED FROM PAGE 2 >>
page 3page 6
Over 50 Years in the Lakes Area
New Construction
& Remodeling
NODSLE CONSTRUCTION
1473 Legion Road • Detroit LakesRes. 218-847-8347 • Lic. #1834
Perry Nodsle 847-7603
• Residential • Commercial• Cottages • Cabinets
EStAbLiSHED 1955
Building a New Home?
Lock InTodays Low Rates onPermanent Home Financing12 Months from Application Date
Call Today!phone 218-844-3000920 Lake AvenueDetroit Lakes
member Cornernew members – we welCome you
members renewed
up For renewAl
sorry to see you go
member news
Midwest Bank - Denise Fredrickson/Stephen Daggett•Midwest Minnesota Community Dev. - John King•
neW MeMBeRS No new members in July
Pro Build - Curtis Thom•Hough, Inc.•Woytassek Custom Homes, Inc.•
EDINa REalTyKRuEgER WaTER WEllS - BRaD KRuEgERCoMPlETEly HoME, INC. - CHRIS JaSKEN
Is there something happening in your business? With your family? Let us know, we would like to acknowledge it.
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
BuIlDERS & REMoDElERSAhMAnn ConStRuCtion Wayne ahmann phone: 218-935-2622
Al ClARk ConStRuCtion al Clark phone: 218-849-4489 email: [email protected]
AndeRSon ConStRuCtoRS David anderson phone: 218-532-7429 email: [email protected]
BRiARd ConStRuCtion Hunter Briard phone: 218-439-6043 email: [email protected]
CoggeR ConStRuCtion Rick Cogger phone: 218-849-7459 email: [email protected]
CRoWell ConStRuCtion Tom Crowell phone: 218-847-1931 email: [email protected]
do- Right ConStRuCtion of the lAkeS Jim Herman phone: 218-234-1095 email: [email protected]
don tietz ConStRuCtion Don Tietz/J. Coley phone: 218-439-6271 email: [email protected]
dynAMiC hoMeS arlen Johnson phone: 218-847-2611 web: dynamichomes.com
Bylaws (1) – Dave FrancisOversees Bylaws and reviews if nec-
essary. Community Projects (1) – Ed Jutz,
Mike Houge, Rick MickelsonLooks for and reviews projects to
bring to the board. Over sees project completion.
Education and Programs (2) – Dave Francis, Jason Coley ____________
Works with EO to find educational programs for meetings, and input for continuing education programs.
Treasure/Secretary – (Board Mem-ber) Jason Coley ____________
Over sees the accounts, works with EO to balance books and set yearly bud-
get.Membership/Retention – Tim
Roble, Linda Jutz, Dave Francis ____________
Works with EO to coordinate mem-bership drives, new member orienta-tion, and develop retention plan.
Nominating – Bryan Schoenberg-er, Sharon, All Board Members
Finds nominations for awards, and future board members.
Home and Garden Show Commit-tee - Chairs AL Clark & Perry Nod-sle, members: Brenda Eidenschink ,Mike Eidenschink, Perry Nodsle, Ed Jutz, Linda Jutz, Jason Coley ____________
Conduct and oversee the Home and Garden Show/Silent Auction/Scholor-ships.
Silent Auction Committee - Mar-tha Buchholz, Linda Jutz, Ellie Fran-cis, Tamie Heille, Brenda Eidenschink
Scholarship Committee - Perry Nodsle, Brenda Eidenschink, Jean Zayic ____________
Builders Expo – Tim Roble, Bryan Schoenberger ____________
Set up Expo for vendors, works with education committee to offer continu-ing education and line up sponsors.
Electrical Expo – Mike Eiden-schink, Marty Ekren and Brad Mal-strom
Set up Electrical Expo for vendors, works with education committee to of-fer continuing ed.
State Legislative – Bryan Schoen-berger and Nick Green
Represents the Association at the State Board Meetings (2 needed only).
Trap Shoot – Perry Nodsle, Mike Eidenschink
Set and conduct trap shooting event.
Annual Meeting – Linda Jutz, Ellie Francis, Skye Fingalson ____________
Tour of Homes - ____________Government Relations_Bryan
Schoenberger ____________
lrbA Committees 2012we Are still in need oF Committee members. pleAse look the list over And let us know whAt you would like to serve on.
getting involved
is key!!
you will get out of your membership what you put in!
* Join An event Committee* Attend monthly meetings* Attend All of our events
Code oF ethiCsMembers of the Home Builders association subscribe to the following Code of ethics
n Members shall constantly seek to provide better val-ues for the customers they serve.
n Members shall at times share their knowledge with fellow members in the public in the best interest of those they serve.
n Members shall not obtain any business by means of fraudulet statements or by use of implications unwar-ranted by fact or reason-able probability.
n Members shall comply, both in spirit and letter, with rules and regulations prescribed by law and government agencies for health, safety and progress of the community.
n Members shall not perform a cause to be performed at any act which would tend to reflect on or bring into disrepute any party of the industry served by this as-sociation.
“to promote professionalism and to educate members and
consumers on legislative issues, while fostering
cooperative relationships for all stakeholders”
page 7page 2
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
details!
This space available!Contact Sharon at 847-0699 for
Where did it go? Sounds like there are finally some new homes being built, so I hope that it is busier for everyone. I hope to see some new homes for a Tour of Homes, whether it is in the Fall yet, or in the
Spring - probably in the Spring as some of those new homes won’t be done till towards Spring. I am also looking for some builders to get on the Tour of Homes Committee. I have three associates so far, but no builders. BUILDERS ARE NEEDED! Please Call me if you can be part of this fun committee. If we can put it together, I would like to do a book, and we would sell the ads and have the books printed. More information will be coming as things progress.
I am also looking at holding another lead (RRP) class. If you haven’t taken the class, call me so I can get you on the list.
I also want to make sure all the information on our website is correct. Please login to www.lakeregionbuilders.com and check over your listing. If corrections need to be made, please let me know so it can be updated.
Committee members are needed for most of our committees - Please look over the list in this newsletter, see if you are on a committee, if not pick one or two or three. Member involvement helps keep you informed. The organization cannot operate without committee members.
“Spiff for Bucks” is going on till December 31st. If you have a sub that is not a member, sign them up. Subs (Associate members) are a vital part of our association and they benefit from the homes and remodeling that you do.
Till next month….. Enjoy the summer.
MN Builder is BAM’s blog providing up to date news on the housing industry in Min-nesota. Information found on the blog include hot topics such as the new Independent Contractor Rule in effect as of July 1, 2012, the court ruling on the lawsuit filed by NAHB regarding the EPA’s removal of the opt-out provision in its lead rule, and the facts about the rumored 3.8% sales tax on homes. To have MN Builder de-livered to you visit bamn.org/mnbuilderblog and scroll to the bottom of the page. Enter your email address and a confirma-tion will be sent to you. Be sure to click the confirmation link and you’re all set; it’s that easy!
Independent Contractor Rule in Effect as of July 1, 2012 [Government Relations Section]
Starting July 1, 2012 the Minnesota Department of La-bor and Industry (DLI) will be phasing in a new two-year pilot program registration system that replaces the ICEC and 2% withholding requirements. The pilot program requires con-struction contractors, includ-ing independent contractors and business entities, to regis-ter with DLI by September 15, 2012.|
Exempted from this reg-istration are those who are al-ready licensed, certified, or reg-istered with DLI, or those who are employees of a company al-ready licensed, certified, or reg-istered. No fee will be charged for initial registration.
For More Visit: http://bamn.org/mnbuilderblog/cat-egory/government-relations/
EPA’s Removal of Lead Rule Opt-Out Provision Up-held by U.S. Court of Appeals [NAHB Section]
The U.S. Court of Appeals for the D.C. Circuit ruled June 22, 2012 that the decision by the Environmental Protection Agency (EPA) to remove the “opt-out” provision from its lead rule is legal.
The EPA included the opt-out provision in the original 2008 Lead: Renovation, Re-pair and Painting Program Rule (LRRP Rule), but agreed in 2010 to remove the provi-sion to resolve a legal challenge against the rule. The removal of the opt-out provision more than doubled the number of homes subject to the LRRP Rule. According to NAHB, “The agency estimates that this will add more than $500 million per year to the cost of the regu-lation.” A coalition of industry trade groups led by NAHB filed a petition for review in the D.C. Circuit Court of Appeals challenging the removal of the opt-out. The court issued its decision in favor of the EPA, finding that federal agencies may change existing regula-tions so long as the amended rule is allowed by the statute and the agency acknowledges the change in course. With regard to the opt-out, NAHB states, “The court ruled that since the EPA was not obligat-ed to include an opt-out provi-sion in the LRRP Rule, it could remove the provision without offering new information to justify its removal.”For More Visit: http://bamn.org/mnbuil-derblog/nahb
Facts on Rumored 3.8% Sales Tax on Homes [NAHB Section]
NAHB has been tracking a set of emails that falsely claim that the 2010 health care re-form legislation imposed a 3.8% sales tax or transfer fee on all home sales in 2013. NAHB states the 3.8% tax is not in any way a sales tax paid against the sales price of the home for either the home seller or home buyer. Nor is it an additional business income tax for home builders selling a new home out of inventory.
According to NAHB, there is an element of fact underly-ing the rumor, but for the most part the claim is false. Read the facts about the sales fax at bamn.org/mnbuilderblog/category/nahb For More Visit: http://bamn.org/mnbuilder-blog/category/nahb/
Get Information on the Minnesota Building Indus-try as it Happens
Twitter. Sign up to have BAM Executive Vice President Pam Perri’s tweet show up on your phone as a text message. www.twitter.com/pperri
New to Twitter? The BAM Tweetorial (found at: http://bamn.org/images/documents/twitter-how-to-bam-tweeto-rial-2011.pdf) will walk you through step-by-step.
Facebook. Photos, links and news about Minnesota’s resi-dential construction industry. Check it out at: http://www.facebook.com/BuildersAsso-ciationOfMinnesota
BAM Monthly ColuMn
Crane JohnsonLumber Co.
established 1883
620 East Main • Perham, MN 56573phone 218.346.5555 • fax 218.346.9200
GreG NeiseNsalEs MaNagEr
code UpdateTo date, BAM has written three
letters to the Department of Labor and Industry (DLI); two on the fire sprinkler issue and one on the energy code. You can access all of these letters on the BAM blog here. The BAM code committee met in mid-June to discuss next steps and prepare for the June 21, 2012 CCAC (Construction Code Advi-sory Committee) meeting. CCAC mem-bers heard an overview from DLI staff on the following codes: 1341 (Acces-sibility Code), 1311 (Existing Building Code), 1300 (Administration), 1346 (Mechanical Fuel & Gas Code), 1307 (Elevator) and 1303 (Radon).
BAM reviewed the draft documents for each of the codes pertaining to resi-dential construction and found DLI staff had eliminated BAM’s alternative method for radon construction from the Chapter 1303 code document. This is unfortunate given that the techni-cal advisory committee had approved adding BAM’s method to the code. Our alternative method was written by an engineer and has been available on the BAM website for the last few years. The method is available here.
At the CCAC meeting, BAM had an opportunity to express our concerns about the absence of the method and discuss our methodology. Department staff said they will take into consider-ation the discussion prior to releasing the final draft of the radon code. DLI staff informed the CCAC that the resi-dential code and energy code would be reviewed at the end of July or perhaps August, given the difficulty of summer schedules. In addition, DLI has hired the University of Minnesota to further study the proposed energy code foun-dation requirements for issues such as durability, moisture, enforcement, cost benefit and other issues required by MN Statute 326B.118.
An outstanding issue in the energy code is the proposed requirement for all
new construction to have a blower door test to measure air tightness. The 2012 IECC requires all new construction to have a blower door test. BAM will put out a survey to all of our builder mem-bers asking what they think about the requirement of blower doors and who should be able to conduct them. Watch for the survey and results.
subcontractor Registration Update
The Department of Labor & In-dustry is still working on the format for the new subcontractor registration which is required by September 15, 2012. As you may recall from our last update, ALL subcontractors not cur-rently licensed will be required to regis-ter free of charge with the Department of Labor & Industry. DLI tells us the registration should be up and running with a link by JULY 15, 2012. More to come as it’s available.
environmental Quality board In November of last year, Governor
Dayton issued an Executive Order on improving the environmental permit-ting process. I received a call yesterday from the staff at the Environmental Quality Board (EQB) about collecting input to meet the objectives of the ex-ecutive order. The EQB has conducted a number of focus groups from local gov-ernments, state government agencies, non-profit groups, environmentalists and water quality boards. However, as they wrap up the focus group process, they have not received much input from the construction and develop-ment industry.
They are conducting their last public focus group on Tuesday, July 10, from 1:30 to 4:00 pm at the Roseville Public Library located at 2180 North Ham-line, Roseville MN 55113. Since this meeting may be difficult for our mem-bers to attend, I suggested a construc-tion-specific focus group might provide more insight. I also requested that if we pull together a group from the indus-
try, would EQB staff attend to get our industry’s perspective. Randy Doneen from the EQB told me that he would attend and said every recommendation made by any sector would be evaluated and reviewed by the EQB. As soon as a date is set, I will let members know.
Thank You to baM election Fund Donors
A big THANK YOU to Pillar Homes and Amcon Block for being the latest companies to donate to BAM’s Build-ing MN Homes – Building MN Jobs 2012 Election Fund.
BAM has created an independent expenditure fund as a way to work to-gether statewide to ensure we elect can-didates that support our industry. The dollars will be used to purchase flyers, advertisements and radio support for candidates who support the residential construction industry and small busi-ness. To date, over 15 member compa-nies have stepped to the plate to meet our goal of $25,000.
BAM is seeking 50 members to step up and lead the effort by committing $500 from their business to support this effort. Now is the time to act to-gether to support candidates who sup-port the building industry! 50 member companies - $500 each - 50 days. Let’s do this!
To donate: Download the form, print and fill out and mail to BAM, 525 Park Street, Suite 150, Saint Paul, MN 55103. Call us or donate online.
For more information visit: bamn.org/events and click on Building MN Homes – Building MN Jobs. introducing county commission-
er candidates Rocky schneider and Jane Deaustin
This year we have two local associa-tion staff running for County Commis-sioner seats! Jane DeAustin, Director of Government Affairs for the Central Minnesota Builders Association, is
The Minnesota Court of Ap-peals issued their decision this morning at 10:00 on BAM’s lawsuit against the City of Saint Paul. The issue centered on Saint Paul’s egress window policy
which exceeded the State Build-ing Code. BAM lost in District Court, appealed, and today, we were victorious.
The court syllabus is below:A city may not circumvent
the preemption provisions of the state building code by indi-rectly adopting its own building
Just as I sat down to write my Au-gust article I heard from my computer “you got mail”. Upon opening my e-mail I was delighted to read an e-mail from BAM-Pam Perri, titled “WE WON!” As it turns out she was referencing the lawsuit we have against the city of St. Paul. The city had made up their own building code requiring egress windows & wells that are larger than what build-ing code calls for. In a nutshell the judge says that a city may not circumvent the preemption provisions of the state building code by indirectly adopting its own building regulation. This is a huge victory! Let’s keep our fingers crossed and hope there will not be an appeal, it doesn’t sound like there will be. You may find yourself asking what difference does a lawsuit against the City of St. Paul make for us here in the LRBA region. The answer is that we are sending a message to all city municipalities. The message is also more than for egress windows. Remember the judgment says… “A city may not circumvent the preemption provisions of the state building code by indirectly adopting its own building regulation.” This shuts the door on all Minnesota municipalities who may want to make up their own building codes. We have enough new regulation coming at us from the federal & state government; we don’t need the city government adding to the pile.
Bryan Schoenberger, President
builders buZZ
president bryan schoenberger, Pike Creek Builders/Modern Living Concepts
seCretAry/treAsurer Jason Coley, Don Tietz Construction
pAst president tim roble
viCe president nick green, Green's Plumbing and Heating
eXeCutive oFFiCer sharon westerholm
tim roble, Lavelle Company
mike hough, Hough, Inc.
greg neisen, Crane Johnson Lumber, Perham
nick green, Green's Plumbing and Heating
marty ekern, Apex Electric
shaun engelsrud, Kinetico
scott buchholz, Scott Buchholz Construction
boArd oF direCtors
— visit bam.org each week for updates —
525 Park Street, Suite 150 • St. Paul, MN 55103p. 1.800.654.7783 or 651.646.7959f. 651.646.2860 www.bamn.org
1201 15th Street, NW • Washington, DC 20005p. 800.368.5242 or 202.266.8200x0f. 202.266.8400 www.nahb.org
lrbA leAdership
Please mark your schedules and plan to attend. TBG pro-vides the dinner (hamburger and fries) and the speaker. We will have a safety topic for the agenda. If you have some-thing you would like covered, please call the office.
Homes of DistinctionGeneral ContraCtor
new Homes
remodelinG
residential
CommerCial
Call us today to start planning your perfect home.
DON TIETZ CONSTRUCTION, INC.
“The name built on quality” 439-6271
Thirty years of excellence
1040 Randolph Road • Detroit Lakes
218-847-7459www.ModernHeatingAndPlumbing.com
For Your Familys Comfort
30614 SunSet Road • detRoit LakeS
218-847-1946
Residential • new Homes & Remodelinglicensed & Bonded • electRical contRacting
mn lic# Bc-20460621nd lic# 32002
Detroit Lakes, MNHome (218) 846-0079
Cell (218) 849-4489
“Committed to Quality & Service”• Post Frame Buildings• Residential• New Construction• Remodeling• Garages
• Doors & Windows• Decks• Siding• Light
Commercial
18872 Co Hwy 21 • Detroit LakesTom Kirby, manager
218-847-1133 or 1-888-757-1133
Safety is a Way of Life
breAkFAst with the ContrACtors:Our first breakfast with the Contractors was held on the 26th at ProBuild. I
really appreciate those that came. Hunter Briard, Tom Crowell and cohorts at-tended, to find out the newest from DuPont from Tim Roble. Rolls were great. Hope you can make it to the next one.
Pro-build, Stenerson Lumber and Crane Johnson with Tim Roble of LaVelle Company and the LRBA will be partnering to hold mini morning meetings for builders, with rolls and cof-fee being served. These meetings will be held at 7:00 a.m. with Tim being the speaker. You can come to one or come to all. August 2nd is at Crane Johnson Lumber Co. in Perham and August 8th is at Stenerson Lumber. Spread the word to non-member builders.
our neXt meeting is sCheduled For september 13th And will be
sponsored by the builders group
This space available!Contact Sharon at 847-0699 for
[email protected] • www.geodirectsupply.comOver 20 years of Geo-Thermal Experience
GeoSupply, inc.DIRECT
“spiFF For buCks” SPIFF FOR BUCKS” is our new member campaign for 2012. The NAHB
will be giving the association back 50% or $75.00 for each new member we have over the number we had on December 31st, 2011. This runs through December 31st, 2012. Because of this the LRBA board with the recommendation of Tim Roble, chair of the membership committee, de-cided to do our own membership campaign. We are going to give $25.00 to the member that brings in a new member. We need to get our subs and others to join our association. We can do this by promoting what you as a member get out of being a member, by having NAHB and BAM working on trying to make sure the laws and regulations make for good practices for the builder and consumers. In monetary benefits, by having Verizon for themselves and their employees, will usually cover the cost of your membership plus more. Lets get people to know the advantages of being a member and shoot for 30 new members for this year.
francis construction
— Dave Francis — 218-847-4054
— Scott Francis — 218-847-3556
Specializing In...
Offering...• State of the art construction materials & techniques • High quality workmanship • Complete satisfaction guaranteed
• New Homes • Steel Siding • Remodeling • Garages • Additions • Replacement Windows • Decks • Sunrooms
