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San Diego Chapter Www.NSPISanDiego.com April 2003 1-800-875-7059 Greetings fellow NSPI members: Well, by the time you receive this newsletter it will officially be Springtime. Yes, the time of year that the weather starts to warm up so people may think swim, the rains let up so that construction may resume without delays, and pool related products start to move off the shelves at a pace that makes us all much happier or it at least puts bread on the table. We are a fortunate people as I have said before to have the opportunity to do business here in San Diego. California is the most dynamic state in the nation with about 35 million residents and the fifth largest economy in the world. I read an article in California CEO that did a survey of over 400 cities in the state to look for the top 25 cities to do business in here in Cali- fornia. You guessed it, San Diego was ranked #1 and with California’s place in our country that would make a tough ar- gument for San Diego being #1 in the country. Not a bad place to be! If you weren’t able to make it out to our General Meeting last March 11 th , we really missed you and you really missed a great meeting. Ryan Noell of SCP gave an excellent presentation about how to give XTREME customer service and everyone seemed to be pleased with the information that was given. There were about 40 people in the crowd and a lot of good interaction. That is what we want to bring to you, the NSPI members as a BENEFIT of being a member. I’ve heard some people say that they don’t know why they belong to NSPI or what benefits it offers. The #1 benefit that mem- bers that are active have expressed is the networking, and the industry contacts that they have been able to interact with and learn from to help enable them to find ways to enhance their businesses. We have included information in this newsletter which will set the stage for our next General Meeting on June 10 th . Have you ever wished that you could just get through to those “other guys” so that “they” wouldn’t cause so many head- aches for you? Well, you will get your chance whether you’re a service company or a builder to list the things that the “other guy” does that you wish he wouldn’t. Once we have compiled the “top 10” list, we will submit it to David Letter- man (just kidding), we will publish the findings and then build our meeting around those topics so that everyone will be able to share their frustrations and then try and look for ways to resolve those frustrations by discussing them together. The goal being to try and improve upon what we do as an industry. I know that this sounds a little foreign to some of you, but if you don’t participate then you shouldn’t ever complain again about those things you wish “they” didn’t do. Please take a minute to fill out our questionnaire and I’ll see you in June. Don’t forget to mark your calendars for the Annual Bob Blake Golf Tournament and Pool Design Awards that will be held on October the 24 th this year. Mike Ramey, NSPI San Diego President Presidents Letter Apr 10-11 2003 Region 11 Meeting San Diego Aug 1 2003 Early Bird Deadline for Golf Tournament Aug 13-15 2003 NSPI Industry Leadership Conference Oct. 2-4 2003 P.I.E. Show Monterey, CA Oct 3 2003 Sponsorship Deadline for Awards Dinner and Golf Tournament Oct 24` 2003 Pool Awards and Bob Blake Memorial Golf Classic Admiral Baker Golf Course Nov 5-7 2003 International Pool and Spa Expo New Orleans Dec 1-3 2004 International Pool and Spa Expo Las Vegas Nov 2005 International Pool and Spa Expo Orlando Upcoming Events
Transcript
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San Diego Chapter Www.NSPISanDiego.com

April 2003 1-800-875-7059

Greetings fellow NSPI members: Well, by the time you receive this newsletter it will officially be Springtime. Yes, the time of year that the weather starts to warm up so people may think swim, the rains let up so that construction may resume without delays, and pool related products start to move off the shelves at a pace that makes us all much happier or it at least puts bread on the table. We are a fortunate people as I have said before to have the opportunity to do business here in San Diego. California is the most dynamic state in the nation with about 35 million residents and the fifth largest economy in the world. I read an article in California CEO that did a survey of over 400 cities in the state to look for the top 25 cities to do business in here in Cali-

fornia. You guessed it, San Diego was ranked #1 and with California’s place in our country that would make a tough ar-gument for San Diego being #1 in the country. Not a bad place to be!

If you weren’t able to make it out to our General Meeting last March 11th, we really missed you and you really missed a great meeting. Ryan Noell of SCP gave an excellent presentation about how to give XTREME customer service and everyone seemed to be pleased with the information that was given. There were about 40 people in the crowd and a lot of good interaction. That is what we want to bring to you, the NSPI members as a BENEFIT of being a member. I’ve heard some people say that they don’t know why they belong to NSPI or what benefits it offers. The #1 benefit that mem-bers that are active have expressed is the networking, and the industry contacts that they have been able to interact with and learn from to help enable them to find ways to enhance their businesses.

We have included information in this newsletter which will set the stage for our next General Meeting on June 10th. Have you ever wished that you could just get through to those “other guys” so that “they” wouldn’t cause so many head-aches for you? Well, you will get your chance whether you’re a service company or a builder to list the things that the “other guy” does that you wish he wouldn’t. Once we have compiled the “top 10” list, we will submit it to David Letter-man (just kidding), we will publish the findings and then build our meeting around those topics so that everyone will be able to share their frustrations and then try and look for ways to resolve those frustrations by discussing them together. The goal being to try and improve upon what we do as an industry. I know that this sounds a little foreign to some of you, but if you don’t participate then you shouldn’t ever complain again about those things you wish “they” didn’t do. Please take a minute to fill out our questionnaire and I’ll see you in June.

Don’t forget to mark your calendars for the Annual Bob Blake Golf Tournament and Pool Design Awards that will be held on October the 24th this year.

Mike Ramey, NSPI San Diego President

Presidents Letter

Apr 10-11 2003 Region 11 Meeting San Diego Aug 1 2003 Early Bird Deadline for Golf Tournament Aug 13-15 2003 NSPI Industry Leadership Conference Oct. 2-4 2003 P.I.E. Show Monterey, CA Oct 3 2003 Sponsorship Deadline for Awards Dinner

and Golf Tournament

Oct 24` 2003 Pool Awards and Bob Blake Memorial Golf Classic

Admiral Baker Golf Course

Nov 5-7 2003 International Pool and Spa Expo New Orleans Dec 1-3 2004 International Pool and Spa Expo Las Vegas Nov 2005 International Pool and Spa Expo Orlando

Up

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min

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Ev

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San Diego NSPI Board of Directors

Name Company Address (Snail Mail) Address (E-Mail)

Phone Fax

Pager/Mobile

PRESIDENT Mike Ramey

Blake Sales Associates

4250 Pacific Highway Suite 126 San Diego, CA 92110 [email protected]

619-226-4777 619-226-2259 619-813-2615

VICE PRESIDENT Rob West Trendwest Pools 1273 East Main Street El Cajon, CA 92021 [email protected]

619-442-6889 619-447-1815 619-843-0392

SECRETARY

Berwick Drury AqA Pool Management & Supply

2185 Faraday Avenue - Suite 130 Carlsbad, CA 92008 [email protected]

760-427-6792 760-431-5757

TREASURER

Matthew Gardner Gardner Sales & Marketing

1714 Thomas Avenue San Diego, CA 92109 [email protected]

858-273-2256 858-273-2256 619-889-7727

PAST PRESIDENT

Phil Grider The Pool Dentist P.O. Box 130693 Carlsbad, CA 92113 [email protected]

800-215-7665

858-922-2475

REGION XI VICE PRESIDENT

A. J. Wilson

Like New Pool Service

10224 Baroness Avenue San Diego, CA 92126-1153 [email protected]

619-695-3461 619-695-3461 619-417-1709

Mike Galloway Wateridge Insurance Service

10525 Vista Sorrento Pkwy. Suite 300 San Diego, CA 92121 [email protected]

858-452-2200x193 858-452-6004

CUSTOMER RELATIONS

Rick Church Quality Pool & Spa Co.

15476 Markar Road Poway, CA 92064-2313 [email protected]

858-549-8797 858-679-9042 858-679-8900

Jeff Crolene Pool Solutions 14954 Avenida Venusto—# 93 San Diego, CA 92128 [email protected]

619-247-7377 858-663-1456

Kenny Judd Mission Pools

755 W. Grand Avenue. Escondido, CA 92025-2594 [email protected]

760-743-2605x2606 760-743-0384 619-418-9891

NEWSLETTER WEBMASTER

Rick English English Pool Consulting

1445 Twenty Eighth Street San Diego, CA 92102 [email protected]

619-338-9197 619-338-9167 619-331-8389 619-818-3052

Tom Gharib Swim Service Company

P.O. Box 13106 El Cajon, CA 92020

619-226-4777 619-226-2259 619-813-2615

Rob Blake Blake Sales Associates

4250 Pacific Highway Suite 126 San Diego, CA 92110 [email protected]

619-226-4777 619-226-2259 619-501-6440

Chris Rhyne Dimension One Spas

2611 Business Park Drive Vista, CA 92083

800-245-7727

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Here are some updates on bills mentioned last issue. Some new bills have arrived.

AB 17 Kehoe State contracts: This bill would prohibit a state agency contracting with a vendor or contractor who does not offer benefits to domestic partner employees that are equal to benefits offered to employees with spouses. Status: The first hearing was canceled at the request of the sponsor.3/04/2003 Referred to committee. Spec opposes this bill.

AB 24 McLeod, Negrete The Swimming Pool Safety Act. Beginning July 1 2004, all pools must be equipped with an approved vibration or motion sens-ing alarm system that is activated whenever a body of a specified mass and weight falls into the pool. This bill would cover pools built or sold in California at a pri-vate, single-family home. Status: 1/13/2003 referred to committee. Spec actively opposes this bill.

AB 76 Corbett Employment Discrimination. This bill would make it unlawful for an employer to fail to take immediate and appropriate corrective action to prevent harassment of an employee by any person, once the employer knows or should have known of this con-duct. Status: Came out of committee on 03/20/2003 Sent back to committee. Spec opposes this bill

AB 94 Chu Property Taxation: Pension Fund-ing. This bill would establish yet another exception to Proposition 13 by allowing a local agency to impose a higher property tax rate to make payments in support of pension programs approved by the voters before July 1, 1978. Status: 03/20/2003 referred to committee. SPEC opposes this bill.

AB 276 (Koretz) Penalties for Labor Code viola-tions. Every violation of the Labor Code that is dis-

closed to be a misdemeanor is punishable by imprison-ment for not more than 6 months or a fine of not more than $1,000, or both. This bill would increase the maxi-mum amount of the fine to $5,000. Status: 03/20/2003-From committee: Do pass, and re-referred to commit-tee. SPEC opposes this bill.

ABX1 4 Wesson Vehicle License Fees. The Vehi-cle License Fee (VLF) Law says that the state may im-pose an annual license fee for any vehicle subject to registration in this state in the amount of 2% of the mar-ket value of that vehicle. The VLF Law offsets this amount by 67.5% for vehicle license fees with a final due date on or after July 1, 2001. The DMV sends monthly notification of the amount of offsets applied to the Controller. The Controller must then transfer Gen-eral Fund moneys to reimburse local governments for losses resulting from the vehicle license fee offset. This bill would provide that the Director of Finance is re-quired to make the same determination of whether there are insufficient moneys in the General Fund for the Controller to fully reimburse local governments for losses resulting from the vehicle license fee offsets. Status: 2/3/2003 In Assembly. SPEC opposes this bill

SB 2 Speier Health Care Coverage. Existing law does not require each employer to provide health in-surance to its employees. This bill would declare the intent of the Legislature to develop an employer-based health care coverage system that provides health insur-ance to every employee in California. Status: Out of committee 03/18/2003. Amended and referred back to committee. SPEC opposes this bill

SB 17 Escutia Property Taxation: Change In Ownership. This bill would state the intent of the Legislature to enact a program to specify those cir-cumstances under which nonresidential commercial and industrial property undergoes a change in owner-

(Continued on page 11)

Legislative Update

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ARTISAN PAK

In 1681, on the outskirts of London, in a small coffeehouse known as Lloyd’s, several men put up their capital to ensure the safe voyage of the vessels at sea. A promise to ensure was drafted, and the men signed their names under this promise.

That is the history of the first generation of underwriters.

We are HDR Insurance Services, underwriters for the NSPI Pool Pak program, and here is our promise to you. HDR Insurance Services, in cooperation with INSCORP and our agents around the state, is committed to offering our insureds the highest quality insurance program available. Customer focus will be our first priority as we continually strive to satisfy our policyholder’s insurance-related needs. NSPI, we are your HDR Insurance Services underwriters, We thank you and your agent for placing your coverage and trust with us.

For further information, please contact Mike Galloway at Wateridge Agency 1-800-223-6756.

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February 2003 As we enter the 2003 selling season, I would like to

report on the status of issues affecting your trade associa-tion and to assure you that NSPI’s Board of Directors, Ex-ecutive Committee, and staff continue to be very active in the business of supporting the membership.

Regarding the lawsuits filed against NSPI, there has been no change in the status as I communicated to you last month. The two remaining suits, the Saunders case in Mis-souri and the Colantino case in Ontario Canada, have both been stayed by the courts and remain in abeyance pending completion of the Chapter 11 proceedings.

The NSPI Executive Committee continues to work on the reorganization plan for the association, and we remain on schedule to file the plan with the bankruptcy court in advance of the April 2003 deadline. The plan will be re-viewed and discussed by the NSPI Board of Directors at their upcoming meeting in March.

The Executive Committee has approached the reorgani-zation process as an opportunity for us to design a new as-sociation to meet the needs of all segments of the industry. As we restructure and move forward, we are identifying the services and products that will support the needs of each segment.

In response to concerns recently expressed by some members of the Hot Tub Council noting that the current allocation of dues revenues is not equitably used for the benefit of that industry segment, a review of the allocation of dues revenues is underway. A thorough review and evaluation of the source of all association revenues, both from dues and non-dues sources, is being conducted in or-der to design a new framework for distribution of resources for the benefit of all segments and to address the future needs of all member groups.

As said, our reorganization presents an opportunity to design our association to better serve the future needs of the industry as a whole and to move forward as a unified asso-ciation that can best promote the benefits of our products and lead to industry growth.

As I communicated to you last month, rest assured that your NSPI Board and Executive Committee continue to perform due diligence in all areas of concern regarding the pending litigation and the reorganization of NSPI so that the organizations that emerge from Chapter 11 are sound, and extremely well-positioned to serve the industry going for-ward.

Should you have any questions or comments please contact Jack Cergol, Chief Staff Executive, NSPI at 703-838-0083 ext. 161 or e-mail: [email protected].

Statement to the NSPI Membership

FORMING LESSONS Reeve's Journal is a publication for plumbing contractors. Every month, this magazine runs a column entitled "Legal

Corner" by Sam Abdulaziz. I have been impressed with this attorney's writing. Last month he wrote about paperwork. Mr. Abdulaziz says that many contractors have forms (contracts, etc) that are not compliant with Contractors' Li-

cense Law. He says that non-compliant forms are not just a technical, slap on the wrist, violation. If all the notices are not included then a contract could be voidable. That means that you might not be able to collect. If you do not give a No-tice of Cancellation (when required) then your customer could possibly call off the deal at any time. Even after the job is done.

Fortunately, Mr. Abdulaziz says there are some ways around this problem. The court can estimate the value of your work and award you that amount. The value that the court determines is not necessarily the amount on your contract. It could be considerably less.

It’s not just the money that is at risk. All those clauses on the back of your contract are now useless. You may not even have mechanic's lien rights.

Maybe the worst part of this problem is that if the customer pushes, you can get a citation from the CSLB for im-proper forms. As you know, that citation goes on your record and stays forever. Anyone with an internet connection can type in your license number and see that you have a citation. The web site does not say why you got a citation. So, the customer might infer that it was for something horrendous.

You can get copies of all the clauses that you need for your contracts at the author's web site www.abdulaziz-grossbart.com. I have been to this site and it is full of good legal goodies for contractors.

Mr. Abdulaziz reminds us that downloading and pasting contracts together can be dangerous. He recommends work-ing with a knowledgeable construction forms publisher or a good construction attorney. All your forms, particularly your forms for residential work, need to comply with the Contractors' License Law and Home Solicitation Act. Sam Abdu-laziz can be reached at (818) 760-2000.

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A disabled British mother’s three daughters were scarred for life in a hotel swimming pool.

Three girls aged 4, 6, and 9 jumped into a Spanish hotel pool which contained five times the level of acid needed for regulating chlorine. They suffered first and third degree burns to the lower half of their bodies. They may need skin grafts.

The mother told how one girl now has a dread of water. She won't go in the bath She doesn't like having her hair washed. Her father has to put her in screaming

and kicking. She thinks she's going to be burned again." The mother is also worried about the long-term toll

of the incident. She wants all three children not to feel self-conscious about their scars as they grow.

The parents are taking legal action against tour op-erator Aspro, part of the Airtours group.

A spokesman for Aspro said: "Our customer ser-vices and health and safety team are aware of this case and are treating it as a priority."

A NEW LOW IN POOL CARE

SOLAR RIGHTS I just read about a homeowner’s association lawsuit

in Arizona. It reminded me that many people are not aware of our California solar laws.

The HOA filed a lawsuit against two homeowners. They wanted the removal of solar panels and approxi-mately $100,000 in fines. The HOA said that, ac-cording to their by laws, the homeowners should have built a patio or screen to hide the solar panels. The defendants said that either option is too expensive. Since solar does not work as well in the shade, they also said that performance would suffer. The homeowners won the trial bit it went on to appeal.

The Appeals Court upheld the lower court. The court said that the HOA's restrictions "effectively prohibited the installation and use of solar energy devices." These restrictions on the residents were contrary to the provisions of a 1979 Arizona Law.

That law states, "Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affect-ing the transfer or sale of, or any interest in, real prop-erty which effectively prohibits the installation or use of a solar energy device as defined in § 44-17611 is void

and unenforceable." Sadly, one of the homeowners had died before the

decision was made. His wife had been so intimidated by the HOA that she had already taken down the panels.

HOAs still knowingly or unknowingly place restric-tions or prohibit solar panels. We have a similar law in California. I keep it handy on my computer. In my career as a builder, I would get calls from heartbroken homeowners saying that their HOA would not let them install the solar system. I would simply fax a copy of the law to the homeowner, the HOA and the HOA’s attorney. In each and every case the HOA backed down. So the HOA can require that the owner move the panels, but only if their move does not make the system’s price go up by 20%. For example, if you sell a homeowner a sys-tem for $4000 then the HOA can not require that the owner spend more that an extra $800 to move or hide the solar.

Keep the law handy. It could help you with your next solar sale. If you would like the full text of the law then email me ([email protected]), I’ll send you the whole document.

The law is contained in California Codes Civil Code Section 714 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a solar energy sys-tem is void and unenforceable. (b) This section shall not apply to provisions which impose rea-sonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of compara-ble cost, efficiency, and energy conservation benefits. (c) Solar collectors shall meet applicable standards and re-quirements imposed by state and local permitting authorities. Specifically, solar energy systems shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally rec-ognized certification agencies. SRCC is a nonprofit third-party supported by the United States Department of Energy. The certi-fication shall be for the entire solar energy system and installa-tion. (d) For the purposes of this section: (1) "Significantly" means an amount exceeding 20 percent of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 20 percent, as originally specified and proposed. (2) "Solar energy system" has the same meaning as defined in Section 801.5.

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Pool Builders. Have the actions or words of a pool ser-viceperson ever caused you grief? Have you ever decided, out of sheer frustration, to put on your own service crews?

Pool Servicepeople. Have the actions or words of a pool builder ever caused you grief? Have you ever decided, out of sheer frustration, to build your own pools?

Come on. You know it’s true. How can two businesses that are so mutually codependent fight so much?.

Well the San Diego NSPI has decided to solve this age- old question and bring America’s longest inter-industry feud to an end faster than you can say “directional returns.”

At our next general meeting we will start the Builder-Service Peace Talks. But first, we have to air our griev-ances, throw a few pies at each other, and establish a basis for each to settle back to our traditional homelands.

So we need your help. As our esteemed leader said on

page 1, we will start out with a survey. Then, based upon your input, we will compile two lists.

The Top Ten Problems That Pool Servicepeople Cause Pool Builders.

And, oh yes, The Top Ten Problems That Pool Builders Cause

Pool Servicepeople. The lists will be published in advance of the meeting.

And at the meeting, we will have the moderated peace talks. So all you have to do is fill out this form and mail, fax

or email it back to us. We would like you to list three grievances. Bui, if you

only have one, that’s cool, send it along. If you have more than three then feel free to write them up. If you spilled cof-fee on this form then just use plain paper

Fax your form to 619-338-9167.

Let’s Let It All Hang Out

Pool Builder’s Suggestions Pool Serviceperson’s Suggestions Here are the three things that Pool Servicepeople do that cause me problems

Here are the three things that Pool Builders do that cause me problems

1 1

2 2

3 3

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ALL ABOUT MOLD

Mold, of course, has been in the news as a major indoor air quality issue. Yet, do you know all that you need to know about the topic? Not likely, especially since even experts can't agree on all facts. For basic help, however, consider the following information:

Molds are microorganisms that can be found virtually eve-rywhere.

There are more than 100,000 species of molds, but only a few dozen are toxic and can lead to health problems.

Molds can't be eliminated but can be controlled by reduc-ing moisture.

No one knows for sure why mold is rising as a health problem, but some speculate that changes in construction processes, new building materials and airtight buildings are contributing factors.

Allergic reactions are the most common health problems related to molds.

Certain types of molds produce mycotoxins, which may present health problems such as respiratory problems, rashes and brain damage.

Areas can be cleaned and disinfected by using a solution of one-and-a-half cups of bleach to one gallon of water.

When cleaning up molds, use a respirator designed to fil-ter out particles (respirator numbers N95 or TC-21C) because mold counts can be 10 to 1,000 times higher when disturbed by the cleaning process.

More information: U.S. Environmental Protection Agency, Indoor Air Quality Information Clearinghouse, (800) 438-4318, www.epa.gov.

Court orders

thief to dig new swimming pool

for victim Reuters March 13

2003 BERLIN - A thief

who stole a businessper-son's laptop is to dig him a new swimming pool, a court in Hanover western Germany has ruled.

The 19 year-old thief escaped the standard minimum six-month suspended jail sentence for the theft of the computer worth $2,729 in October 2000, after his victim, a 41-year-old

insurance agent, suggested the unusual punishment in court. Stefan Joseph, a spokesman for the Hanover court, con-

firmed the ruling made on Monday. ``The work should be completed within three months,'' he

said. Compact Guide for Excavators

Is the use of excavation equipment important to your busi-ness? If it is, help is available in the form of a new safety man-ual that was recently released by the Association of Equip-ment Manufacturers (AEM).

The manual is not a substitute for a manufacturer's opera-tor's manual.

Some of the topics covered in the manual include being a responsible operator, use of the "One-Call First" system, fol-lowing a safety program, preparing for a safe operation, start-ing safety, working safely, parking safety, loading and unload-ing machinery safely, and performing maintenance safely.

Information in the manual was developed through a col-laborative industry effort of compact excavator manufacturers. The safety manual, which measures a handy 5 1/2 by 8 1/2 inches, augments specific safety information and instructions that manufacturers provide with their products. In addition, it can be used as a supplemental safety aid in the educational training activities of employers, vocational schools, trade un-ions, trade organizations, insurance companies and govern-ment agencies.

For more info, AEM, (312) 321-1470, www.aem.org. Masonry Manual Available

Do you want to learn the latest minimum requirements for the design and construction of masonry elements?

The updated edition of the "Building Code Requirements for Masonry Structures, Specification for Masonry Structures, and Related Commentaries." is available. The new version supercedes the 1999 edition.

The publication includes several significant code changes. For the first time ever, a chapter on strength design of ma-

sonry is included. The new strength design chapter also in-cludes provisions for flexure, shear, bond, anchorage and other system components.

Revised seismic design provisions now cover six different shear-wall types. Addition of corrosion-protection provisions for joint reinforcement, wall ties and anchors; changes in wind-speed threshold for design; and new criteria for masonry veneer supported by wood members.

Both the code and specification are written as legal docu-ments so they can be adopted by reference in general building codes. Compliance with the specification is required by the code to control materials, labor and construction.

For more info or to order, call (248) 848-3800 or visit www.concrete.org.

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ship, to ensure that all real property is assessed at fair market value when that real property undergoes a change in ownership. Status: 1/8/2003 to committee. SPEC opposes this bill

SB 57 Burton Minimum Wage. This bill would auto-mate the annual adjustment of the hourly minimum wage. The automatically adjusted minimum wage would be calculated using the federal Consumer Price Index. The commission would also be required to publicize the automatically adjusted mini-mum wage. Status: Set for hearing on 03/26/2003. SPEC opposes this bill.

SB 103 Alpert Sales & Use Taxes. The Sales and Use Tax Law imposes a tax on gross receipts from the sale in this state of tangible per-sonal property. That law also applies to personal property that is stored, used, or consumed in this state. The sales tax is imposed upon "retailers." Retailers are defined as entities

engaged in business in this state. This bill would clarify that a retailer is engaged in business in this state if a retailer au-thorizes an employee, representative, or independent con-tractor operating in this state for servicing or repairing tan-gible personal property. Status: Hearing 03/26/2003, room 3191. SPEC actively opposes this bill

SB 400 (Florez) Sales and use taxes. This is the begin-ning of the "sales tax on services" fight that SPEC has been anticipating this year. SPEC anticipates that the bill will be amended to include a great many other "services" for sales taxation. This bill would impose a tax on the gross receipts derived from a specialized service, as defined, furnished or provided within this state. Status: Set for hearing April 23.1:30 p.m. - Room 3191. SPEC actively opposes this bill.

SB 921 (Kuehl) Single payer health care coverage. The bill would make all California residents eligible for health care benefits under the California Health Care System,

which would, on a single-payer basis, ne-gotiate for or set fees for health care ser-vices provided through the system and

pay claims for those services. Deductibles and copayments would be banned for the first 2 years. Status: 03/19/2003-Withdrawn from committee. Re-referred to Coms. SPEC actively opposes this bill.

SBX1 10 Sher Class Size Re-duction Flexibility Alternative Program. Class to teacher ra-tion is set at 20 to 1. This bill would all kindergarten, 1st, 2nd and 3rd grade class sizes to be at 22 to 1. The teachers must have the right credentials. The school's annual average class size cannot be more than 20 pupils to 1 teacher. Status: 2/3/2003 In Assembly. Read first time. Held at Desk. SPEC

opposes this bill. SCA 2 Torlakson Local Government: Sales Taxes:

Transportation & Smart Growth Planning. If a tax were imposed exclusively to fund transportation projects and ser-

vices and smart growth planning then this measure would authorize imposing a tax on the sale of tangible personal property retail with the approval of a simple majority vote instead of a 2/3 majority vote. Status: 03/13/2003 Read sec-ond time, To third reading. SPEC opposes this bill.

Legislation (continued)

English Consulting Richard J. English

Swimming Pool Consultant 1445 Twenty Eighth Street

San Diego, CA 92102

Pool Inspections • Close of escrow • Forensics Pool Design Pool Sales Training

1-800-864-7946 [email protected]

www.Rick.English.net

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