Next Meeting

	Wednesday, October 11, 2006
	399 Division St., North Tonawanda (between E. Schenck. St. and E. Robinson St.)
	5:30 pm Board of Directors Meeting (Please be prompt) 6:30 pm Cocktails (Cash bar) 7:00 pm Dinner Meeting

Please RSVP to the NCBA office by Friday, October 6th if you wish to attend.

President's Message

Now that our very successful Parade of Homes 2006 has concluded, we have
scheduled our next events for the Association and its members. First on our agenda will be to aggressively contact our State Legislators and express our disappointment in the lack of progress on our concerns regarding the
Sections 240/241 of the Labor Law. It is hard to believe that a law (“Scaffold Law”) that was passed in the late 1800’s still cannot be revised and amended etc. to bring it in line with today’s real world.

On October 11, 2006 we are having our monthly Board Meeting & General Membership meeting at the Hide Away Grille in N. Tonawanda. The Board Meeting begins promptly at 5:30 pm and 7:00 pm for general membership. Our guest speaker will be Carl J. Calabrese from the firm of Government Action Professionals, Inc. I encourage all our
members to be present for this very important program.* There will be an intense discussion
on Section 240/241 part of the Labor Law. Further dialogue on this subject will follow in the Executive Officers’ Legislative News Article.

Our second event will be Election Night November 11, 2006 at the Old Fort Inn in Youngstown. Beer, wine & soda will be available compliments of our Association. The third event will be our Annual Christmas Party December 13, 2006 at Suzanne’s Fine Dinning, Wheatfield. This will be followed by our Home & Garden Show 2007 at “The Summit” January 26, 27& 28, 2007.
*It is very important that everyone call the office for your reservation by Friday, Oct. 6.

Executive Officer's Message

Three months ago, I had written to some of our State Legislators regarding the lack of reform of Section 240/241 of the New York Labor Law and how this affects the members of our organization & others like us. In this present form, this law has driven the premiums for Worker’s Compensation Insurance out of sight. The cost of doing business has become very expensive for the consumer, in some cases causing businesses to close their doors.

Passed in the 1800’s, Section 240/241, also known as the “Scaffold Law,” went into effect long before Worker’s Compensation Insurance & OSHA laws were passed to protect construction workers. New York State is the only state that has such a law. The rest of the states repealed their obsolete laws when Worker’s Compensation Insurance was developed in the 1930’s.

Assemblyman Robin Schimminger did respond to me expressing his frustration at the lack of progress in any attempt to reform 240/241. Last year Assemblyman Schimminger introduced Assembly Bill A.8392 to try to spur action on this issue by establishing a comparative negligence standard in the Civil Practice Law & Rules (CPLR) for claims under Sections 240/241 limited to occurrences outside of the City of New York. In New York City, construction sites are far more congested & densely situated, projects are considerably larger in scope, labor & other costs are higher and the workplace environment can be more contentious and litigious. This bill was then in the hands of the Codes Committee, but when Assemblyman Schimminger asked for a vote, the Chair of the Committee voted to hold the bill in Committee!! Recently Assemblyman Schimminger became a co-sponsorof the Worker’s Compensation Improvement Act Senate 8212/Assembly12000 which includes several reforms to the workers compensation system sought by the business community as well as a comparative negligence standard regarding 240/241. This measure was introduced late in the legislative session & was not taken up by the Labor Committee!!

Obviously, there are too many trial lawyers in Albany with too much authority such as Assembly Speaker Sheldon Silver and Assembly Member Susan John who is the Chairperson of the Assembly Labor Committee. In the past, they have been dead set against any reform.

The members of the Niagara County Builders Association and other associations have to aggressively visit our State legislators or write them expressing our concerns. If not, all of our businesses are at risk of closing our doors or staying in business and passing on the cost of doing business to consumer to the point where people cannot afford to live in New York State. Hopefully all of the State Legislators will read this article and respond to us with their viewpoints and position on reasonable reform to this ancient and only regulation of its kind that exists in this country.

Special Note from the Executive Officer

On October 11, 2006 at our monthly meeting, the Guest Speaker will be Carl Calabrese from the Firm of “Government Action Professionals, Inc.” The purpose of this program is to follow up my article in the September newsletter “How a Bill Becomes Law.” Government Action Professionals, Inc. is a Western New York based lobbying & consulting firm with more than 75 years of collective political experience among their principals-Carl Calabrese, who has been involved in government and politics in Western New York for 25 years, Tony Masiello who has spent the last 35 years working in government on behalf of Western New York, and Marina Woolcock who has worked for the last 25 years in a wide range of government and community involvement focusing on funding and legislative advocacy through networking and development of coalitions. Having worked for many years with Senators Mary Lou Rath & John Sheffer, Marina has many contacts at both the federal and state level. The fourth main principal is Victor N. Farley who began his cause in Albany in 1971 as a lawyer for then Majority Leader of the New York State Senate Earl Brydges. As a skilled negotiator, Mr. Farley has established a solid reputation in Albany as an expert in the field of state government and politics and has forged strong relationships on both sides of the political aisle with key legislative members of the Senate & Assembly, in addition to having ties with the Governor’s office. From 1974 through 1989, Mr Farley served as Chairman of the Erie County Republican Committee. His leadership of the Erie County Republican Committee propelled him into prominent political roles at the state and national levels—roles that led to numerous friendships and relationships that have lasted to this day.

Also attending our meeting will be representatives of “Businesses for a Better New York” (BBNY). This organization was formed for the sole purpose of effecting a positive change for New York by pursuing via legal action the elimination of the outdated NY Labor Law 240/241 (also referred to as the “Scaffold Law”).

The first “Scaffold Law” was enacted in 1885. It was called “The Act for the Protection of Life & Limb.” This law made it a misdemeanor punishable by a fine or six months in jail, to “knowingly or negligently furnish or erect unsuitable and improper scaffolding, hoists, stays, ladders, or other mechanical contrivances as will not give proper protection to the life and limb of any persons employed in the erection, repairing, altering or painting of any house, building or any other structure.” The context of the law included only those persons “employing or directing another to do or perform labor in the construction business.” The law was amended in 1897, removing the element of negligence as well as the criminal penalty from the law.

The law was again amended in 1921 to add further devices which must provide protection to laborers from elevation-related risks. A third amendment in 1930 added demolition to the protection of the law.

Beginning in 1962, the courts, relying on the language in a companion law, Labor Law section 240/241, came to require actual direction or control by the owner or contractor to impose Section 241 Liability. This movement was checked by the Legislature in 1969. The Legislature acted to fix absolute liability on owners and contractors and stated that its purpose in redrafting these statutes was to state that “ultimate responsibility actually belongs—on the owner and general contractor.” Under the amended Sections 240/241, an owner no longer need be the employer of the worker or one directing his labor in order to be subject to liability.

The last significant amendment to the Labor Law Section 240/241 occurred in 1980, when the exception for “owners of the one and two family dwellings who contract for but do not direct or control the work” was added to protect homeowners who hire contractors to build their homes. The reason stated for this amendment was that “it should not apply to owners of one and two family homes who are not in a position to know about, or provide for the responsibilities of absolute liability.”

For further information on this important issue see www.bbny.org and/or www.fixworkerscomp.com

Welcome new member

The NCBA is proud to welcome Michael Gurnett, VP Customer Service for DFT Security, to the association. Mike resides in Wheatfield, NY, with wife Tracy and sons Chris and Dan. With over twenty-four years of experience in the electronic security and life safety industry—eight years as owner of his own security company, Mike is extremely knowledgeable in security and fire systems design, installation and service, and he specializes in new construction builder relations. Mike’s forte is providing exemplary customer service and satisfaction.

DFT Security offers design, consulting, installation, service, management and engineering of integrated electronic security and life safety systems. DFT Security provides solutions to property managers, developers, architects, and contractors, as well as directly to business and home owners. Founded in 1979, the company is locally and family owned and has a rich history of providing exceptional customer service. Their expertise ranges from equipment selection, service of existing systems and installation and technical support to project management and national corporate consulting. DFT Security is fully licensed by the states of New York, Pennsylvania, Main, Ohio and New Hampshire.

Benefits of NCBA Membership

When you joined the Niagara County Builders Association, you automatically became a member of the New York State Builders Association and the National Association of Home Builders, providing you with the best in information, advocacy, education, and networking opportunities, as well as full-time lobbyists and the grassroots strength of over 225,000 working on Capitol Hill, in your state, and in the communities where you do business.

Membership provides networking opportunities with fellow professionals, customers, and suppliers at monthly membership meetings, regional trade shows, national committees, and special-interest councils. You can also attend NAHB’s trade shows and expositions and get a first-hand look at all the industry’s latest products and services.

For over 60 years NAHB has been keeping you up-to-date with Nation’s Building News Online, a comprehensive weekly summary of the housing industry, and a free subscription for builder and architect members to Builder Magazine. NYSBA members also receive a free bi-monthly copy of Empire State Builder magazine.

Finally, NAHB’s purchasing power means big savings for you with member-only discounts on car rentals, office products, PCs, payroll services, overnight delivery, and more. Participating, companies include Dell, General Motors, Paychex, Pitney Bowes, MBNA, DHL, Roadway, and Hertz, to name a few.

Join over 225,000 industry professionals dedicated to the housing industry. Whether you’re a multi-family or custom builder, a remodeler or supplier, membership in your local, state, and national associations provides the tools you need to succeed! Visit www.nahb.org and www.NYSBA.com for complete details.

NCBA Officers & Directors

News from the NYSBA

Industrial Code Rule on Asbestos

The revised Industrial Code Rule 56 on Asbestos became effective on September 5, 2006. The NYSBA would like to provide you with an update on our ongoing work with the Department of Labor’s Division of Safety and Health (DOSH) and some resource materials to assist you in compliance with the new rule.

First, for the last several months NYSBA staff and members, along with the assistance of the Governor’s Office of Regulatory Reform, having been meeting with the Director and staff of DOSH to address the regulatory issues arising out of the DOSH’s overlay of state asbestos regulation on top of existing federal OSHA requirements. Please be assured this is an ongoing process that we are still engaged in. An application variance for residential projects is currently under discussion.

For what it is worth, we have also received assurances from the Director of DOSH, Anthony Germano, that enforcement activities on the amended ICR 56 will be focused on commercial and public buildings such as hospitals, schools, colleges and similar institutions. He noted that enforcement on residential projects will likely only become a priority if a complaint is received on a certain project.

In the meantime, we strongly recommend you review the materials available on the DOSH webpage dedicated to the transition to the new rule--http://www.labor. state.ny.us/workerprotection/safetyhealth/ DOSH_CODE_RULE_56_TRANSITION. shtm. Here you will find a summary of the changes, the amended rule, information on obtaining site specific variances, and a guidance document on the new rule.

-- Philip LaRocque, Executive Vice President NYSBA

Congratulations to Bill Burg
NCBA 2nd Vice President, National Director, & 2006 Parade of Homes chairman, on his recent election to the position of treasurer in the Home Improvement Counsel of Western New York!