By: Richard L. Gonser Jr., AIA, CSI, CCCA, SCIP, LEED
Again this year our overzealous lawmakers bring new laws that all of us in the building industry have to add to our already voluminous collection. Almost no media outlet seems to produce a list and summary of these new statutes that many of us have to deal with at some level in construction.
As many of you are aware, the newest requirement of the bunch is the now mandatory CalGreen Code. Summaries of this new one are available. The biggest item in this code is that how it applied is variable between jurisdictions. Adjacent cities can have widely different implementations. Anecdotally, most cities I've heard about have elected the minimum standards. I'll deal with that one later.
The part that always gets us as design and construction professionals are the laws and statutes that the legislature creates in areas other than the building codes. For once I thought we should be made aware of them.
This one I included below is important for many of us that have to be involved with re-roofing or even remodeling projects with public agencies. We as private Architects now have to certify if we have a financial relationship with a roofing manufacturer, supplier, or distributor. In my memory this was already covered by conflict of interest.
Additionally, it goes further by trying to codify the attitude that "a roof is a roof". Obviously it's a layman's point of view of someone who has never had to maintain a roof for 20 years.
In the Public Contract Code:
• Anecdotal history (unconfirmed stories) on this statute is that there was a series of incidents involving bribery type kickbacks between a sales representative posing as an independent "roofing consultant" and a facility manager on actual sole bid projects. The result of this requires all parties involved in re-roofing projects to sign and submit disclosures stating any financial relationship between the Architect/Engineer, School District, Roof Consultant, and the roofing vendor prior to any contract.
• A reading of 3003(b) would appear to disallow using a manufacturer's proprietary warranty alone as a reason to reject mixing manufacturer's products. The implication being that roofing products are "interchangeable". This opens the door to a manufacturer declaring a warranty invalid after the repair/re-roof. However, it does not state that lack of "proof of compatibility" must be overlooked.
• Personal comment: I would not consider a roofing contractor's guarantee equal to a manufacturer's warranty. In the long run it really will depend on the quality of the installation by the roofer.
This is a partial copy of the statute. You can use the link to get the complete document.
The complete language of the statute is linked below. On the state website you can obtain the complete history and approval process for each.
AB 635, Committee on Accountability and Administrative Review. Public contracts: roof projects.
"...Public contracts: roof projects.
Existing law prohibits a state agency, political subdivision, municipal corporation, or district from drafting specifications for bids, in connection with the construction, alteration, or repair of public works, calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service.
This bill would provide that, for a project for the repair or replacement of a roof of a public school or community college, a material, product, thing, or service shall be considered equal if it meets specified requirements. The bill would require an architect, engineer, roofing consultant, and other specified persons or entities to complete and sign a certification related to financial relationships in connection with such a roof project and provide the certification to the school district or community college district.
SECTION 1. Article 1 (commencing with Section 3000) is added to Chapter 3 of Part 1 of Division 2 of the Public Contract Code, to read:
Article 1. Roofing Projects
3000. For purposes of this article, the following terms have the following meanings: ..."
"...(e) "Roofing consultant" means a consultant who is registered by RCI (formerly Roof Consultants Institute).
(f) "Roof project" means a project for the replacement or repair of a roof of a public facility, except that "roof project" does not include a project for the repair of 25 percent or less of the roof or a repair project that has a total cost of twenty-one thousand dollars ($21,000) or less.
(g) "Substitute" or "substitution" means a material, product, thing, or service proposed by a bidder to be an adequate substitute material, product, thing, or service that is equal to an item designated in specifications, pursuant to subdivision (b) of Section 3400 and subdivision (a) of Section 10129.
3002. (a) For purposes of subdivision (b) of Section 3400 and subdivision (a) of Section 10129, for any roof project, a material, product, thing, or service shall be considered equal if it meets all of the following requirements:
(1) The item is at least equal in quality, durability, design, and appearance but not necessarily of an identical color.
(2) The item will perform the intended function at least equally well.
(3) The item conforms substantially, even with deviations, to the detailed requirements contained in the specifications.
(b) A substitute may be unequal if the resulting roof system would be substantially different than other equal or better systems in terms of performance and durability, but not merely different by virtue of the inclusion of proprietary products or a proprietary warranty.
3004. Specifications for any roof project shall be designed to promote competition.
3006. (a) (1) An architect, engineer, or roofing consultant who provides professional services related to a roof project shall disclose any financial relationships by completing and signing the certification set forth in subdivision (b) prior to the time professional services are engaged. A materials manufacturer, contractor, or vendor involved in a bid or proposal for a roof project shall disclose any financial relationships by completing and signing the certification set forth in subdivision (b) when the award is made. The architect, engineer, roofing consultant, materials manufacturer, contractor, or vendor shall provide the certification to the district. ..."
