PDCA - The Voice, the Educator, the Standard Bearer and the Community Builder of the Industry

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Legislative Update
Gov. Ducey Signed SB1271 - A Victory for Arizona's Construction Community
Message from the American Subcontractors Association of Arizona

Gov. Ducey signed SB1271 into law! With this action, the Governor has ensured that a Statutory Study Committee will convene shortly to bring members of the State Senate and House of Representatives together to confer with industry stakeholders and technical experts to research and analyze the best options for creating consensus language for the 2019 Legislative Session to establish proportional liability in private construction contracts. This is a HUGE step forward for Arizona's construction community as a whole , and I am very proud that the American Subcontractors Association of Arizona (ASA) and Arizonans for Fair Contracting (AFC) were the driving force behind this initiative.

ASA, AFC, our members and supporters are extremely grateful to our issue champion and bill sponsor, Sen. Karen Fann. From a contracting family and a contractor herself, Sen. Fann worked tirelessly to educate fellow legislators on the issue and promote the need for fairness and appropriate risk allocation in ALL construction contracts. It is the ultimate goal that legislation developed as a result of SB1271 and formation of the Statutory Study Committee will result in state statute for private construction that will mirror current law for public work.

On behalf of the Board of Directors of ASA, the Steering Committee of AFC, our lobbyist team at DeMenna Public Affairs and the industry advocacy associations we partner with through the Arizona State Contractors Coalition, I want to thank every member, business and industry supporter that participated in grassroots outreach, met with legislators, attended events and hearings at the State Capitol, and made critical financial contributions to underwrite the cost of this advocacy effort. THANK YOU!

I will continue to send you updates in the coming months and urge everyone who has not already done so to go to www.azfaircontracting.com and sign up as a supporter. Also, if you could take a few minutes to reach out with a call or note of thanks to Gov. Ducey and Sen. Fann it would be marvelous. Your input and support makes a difference!

Meeting Update
Thursday August 16, 2018
2:30pm - 4:30pm
The Trophy Room at ASU Karsten Golf Course
1125 E Rio Salado Pkwy, Tempe, AZ 85281

Eide BaillyJoin us for your next meeting where Joshua Hayes from Eide will explain the new tax laws, how local paint contractors will be affected and what steps business owners should consider taking to reduce their tax liability.

In the News
HGTV’s Fixer Uppers Fined for RRP Violations

Turns out you’re not the only one who’s been critiquing the painting on HGTV’s hit Fixer Upper—the EPA has been too.

Waco, Texas-based Magnolia Waco Properties LLC, HGTV stars Chip and Joanna Gaines’ business better known under its name Magnolia Homes, has agreed to a $40,000 settlement related to violations of the Lead Renovation, Repair and Painting Rule (RRP Rule) aired on Fixer Upper.

According to a news release from the EPA, video footage of Magnolia’s renovations of older homes revealed evidence of noncompliance with the RRP rule for 33 property renovations. Violations included neglect to:

• Obtain firm certification from EPA before performing renovations covered by the RRP Rule • Assign a certified renovator to such renovations
• Provide homeowners or occupants with an approved pamphlet about lead-based paint hazards prior to the renovation
• Post signs to clearly define the work area and warn people to remain outside that area
• Comply with the RRP Rule’s work practice standards, such as closing doors and windows to the interior work areas, covering floor surfaces, ducts and other openings to work areas with plastic sheeting, and covering the ground with plastic sheeting to capture falling paint chips from exterior renovations

Magnolia took immediate steps to ensure the compliance of its own operations with the RRP Rule by becoming an EPA certified renovation firm, obtaining training and renovator certification for staff, and bringing active renovations into compliance. In this settlement, however, Magnolia took a step further in its commitment to compliance by implementing a compliance management program, in which it adopted a renovation recordkeeping checklist for use by its own staff and by subcontractors doing regulated work and agreed to compile periodic reports to EPA on its compliance implementation.

And of course, Magnolia is also working to educate its audience around this issue. The team spoke about lead based-paint on an episode of Fixer Upper and depicted some of the steps renovation firms must take to minimize those hazards in a segment of its March 21, 2018 episode. Magnolia also proposed a brief standalone video to further discuss lead-based paint and the RRP Rule to be hosted on its webpage and promoted on social media. The video, in which Chip Gaines will discuss lead safety and depict some of the safe work practices required by the RRP Rule, will be posted on the website within three months of executing this settlement.

Finally, Magnolia will perform a supplemental environmental project (SEP) to abate lead-based paint hazards in homes or child-occupied facilities in the Waco area. A significant portion of Waco’s housing stock was built before 1978, and at least one neighborhood has had historically higher exposure to lead-based paint and a higher percentage of elevated blood lead levels in children than the statewide and national averages. Magnolia’s SEP, which will be performed with an independent abatement firm, will reduce the risk of exposure to lead-based paint by targeting the most likely sources of lead-based paint hazards in residences, such as window and door replacement, removal of lead-based paint and dust, permanent enclosure and encapsulation, and replacement of lead-based paint surfaces and fixtures. Magnolia has committed to spend $160,000 on the SEP.

Article courtesy: http://www.paintmag.com/safety/hgtvs-fixer-uppers-fined-rrp-violations


Legislative Update

Meeting Update

In the News

Join us for our Next PDCA Meeting

August 16th

The Trophy Room at
ASU Karsten Golf Course
1125 E Rio Salado Pkwy
Tempe, AZ 85281


There is no charge for this event but we still need your RSVP so we can make sure there are enough seats and handouts for everyone.

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