Wednesday
Jul072010

New California Building Codes Go Into Effect January 1, 2011

DateWednesday, July 7, 2010 at 9:26AM | AuthorKPAA Webmaster | in ,

On January 1, 2011, California's new building codes go into effect after adoption by local jurisdictions. The new codes include two brand new-to-California publications: the Green Building Standards Code (CALGreen), and the California Residential Code, which will require automatic fire sprinklers in all new single-family homes in California. These new codes have been discussed previously on KPAA.com/News (2008 Title 24 Building Standards Delayed, CALGREEN: How will the nation’s first statewide green building standards code work with LEED?, and California Approves Requirement for Fire Sprinklers in All New Homes Beginning in 2011). Imad Naffa, of Naffa International and the Building Code Discussion Group, published a list of the California building standards that have been updated.

"This time around we are looking at adopting the 2010 California Building Code (CBC) which will be based on the 2009 IBC. A new code for us will be the California Residential Code (CRC) and that will be based on the 2009 IRC. The balance of the codes will be the 2010 CFC, CMC, CEC. The 2008 California Energy Standards are already in effect."

Read the full article for more information.

| Print ArticlePrint Article | |
Tuesday
Jul062010

The Rules of Engagement for Claims Managers and Forensic Experts

DateTuesday, July 6, 2010 at 10:50AM | AuthorKPAA Webmaster | in

Claims Magazine's John Goff posted an informative article outlining recommendations for claims managers in the efficient and effective use of forensic experts. Many of these suggestions are also relevant to the relationship between an attorney and a forensic expert in a construction defect matter. The post specifies five "rules" of engagement:

  1. Understand Roles and Responsibilities
  2. Know When to Hire an Expert
  3. Draft an Effective Assignment Letter
  4. Learn the Art of Budgeting
  5. Frequent and Clear Communication Is Key

"It is a simple fact of claim adjusting that even experienced, knowledgeable professionals will encounter claims for which they need the assistance of a forensic expert to reach a settlement. Whether the issues are causation, coverage, or cost, some claims are too complex, specialized, or unusual for an adjuster to tackle on his own. Wise ones know when it’s best to involve an expert.

"But as is true in the beginning of every relationship, engaging a forensic expert is best done with eyes wide open — on both sides. Choosing an expert for the right reasons, with clear expectations, good communication, and a full understanding of the costs involved, is critical to developing a fair and timely outcome for all concerns."

| Print ArticlePrint Article | |
Monday
Apr122010

Green Building Risks and Construction Defects: Insurance Industry Concerns Include Vegetative Roofs

DateMonday, April 12, 2010 at 9:00AM | AuthorBruce Bergman | in , ,

In 2008, KPA Associates, Inc. covered several green building risk topics including vegetated / landscaped roofs during a panel presentation at the West Coast Casualty’s Construction Defect Seminar. A critical point we made during the seminar was that when determining green building products, components, or features, it is important to weigh the potential benefits with the risks.

New innovative green construction products such as vegetative roofs, wind turbines, and fuel cells are mentioned in an article posted April 7, 2010 by Andrea Wells on Insurance Journal titled, “Green Building Movement Raises Some Construction Defect, Claims Concern.”

The insurance industry is concerned with construction defect problems and broken performance promises brought on by new innovative green construction products, green washing, uncertain track records, and unfamiliar project teams.

In the article Andrea Wells quotes attorney Paul Roecker of Roetzel & Andress who makes the following green product risk observation:

"While green buildings have many positive benefits, there is also strong evidence surfacing to suggest a direct correlation between new products and innovative design with building failures."

Regarding landscaped green roofs Andrea Wells states:

“One increasingly common green building element that creates concern from a risk management standpoint is vegetative roofing”

The article references quotes by others sharing her concerns:

Rod Taylor, managing director of Aon's Environmental Group, regarding claims for a roof problem on a building during construction states:

“We've already had claims resulting from leaks from vegetative roofs… It caused a tremendous amount of damage inside the building…That kind of technology causes concern because it really hasn't had a lot of history."

Bruce Bitler, assistant vice president of Property for Zurich Commercial also has concerns over vegetative roofs:

"My concern might be with regard to vegetative roofs which have a potential for water damage claims... Claims could range from vegetative roof membranes being pierced to having the drainage systems clogged inadvertently... We haven't seen any claims but that's one of the concerns I'm watching out for."

In a related article posted on Eco-Structure on March 31,2010 by Linda McIntyre titled, “Pitch Perfect - Vegetation isn’t just for flat roofs," she mentions additional risks to consider for sloped roofs, specifically: Stability, Drainage, and Plants. The article quotes engineer Charlie Miller, president of Philadelphia-based Roofscapes regarding stability:

“...on a failed green roof the slip surface is most likely to lie underneath the soil medium... Since these systems are intended to last a long time, designers should not depend on the bonding strength of adhesives between the layers of the green roof assembly, including the one that attaches the waterproofing membrane to the roof deck.”

During the panel presentation I participated in (with attorneys Sheila Fix of Wood, Smith, Henning & Berman, LLP, Jay Freedman of Newmeyer & Dillion, LLP, and Sean Dwyer of Havkins Rosenfeld Ritzert & Varrial, LLP) in 2008, additional landscaped green roof risks were addressed:

  • Roof occupancy protection from personal injury (proper egress/exiting, guardrails, brush fire hazard)
  • Compromised indoor air quality from concentrated amounts of plant pollen, or worse, mold growth on interior finishes from excess irrigation moisture transported through roof top air intake vents
  • Fertilizer chemical incompatibility with roof waterproof membrane
  • Over watering or overspray beyond the roof edge damaging adjacent components
  • Roof garden drains impacted by roots and soil sediment invasion

KPAA has been invited back to give a presentation at this year’s West Coast Casualty’s Construction Defect Seminar taking place May 13, and 14, 2010. I will be presenting updated findings related to the hidden component of high performance buildings. For several years, I have been evaluating the risks of green building as part of KPAA’s expanding construction defect forensic expert witness services.

Bruce M. Bergman, AIA, LEED AP BD+C

| Print ArticlePrint Article | |
Wednesday
Apr072010

International Green Construction Code for High-Performance, Green Commercial Buildings Goes Public

DateWednesday, April 7, 2010 at 2:20PM | AuthorBruce Bergman | in , , ,

Having started its public review phase on March 15, 2010, the International Code Council (ICC) is planning to publish the International Green Construction Code (IGCC) in early 2012 after a series of public and department hearings. Once published, the IGCC will require adoption by governing jurisdictions before it becomes enforceable.

The need for a green building code is stated in the IGCC Preface Introduction, page iii:

"All levels of government and Building Safety Professionals recognize the need for a mandatory baseline of codes addressing green commercial construction, providing a framework linking sustainability with safety and performance." 

Also stated is the inter-relationship with other ICC codes:

 “This comprehensive code establishes minimum regulations for buildings and systems using prescriptive and performance-related provisions, working as an overlay to the I-Codes. For example, the requirements of the 2012 International Energy Conservation Code are established as a baseline for the International Green Construction Code energy provisions…”

The IGCC applies to all new and existing buildings, including high-rise residence buildings, except as listed in Chapter 1:

  • The code does not apply to low-rise residential buildings (three stories or less than in height above grade) except where residential occupancies are part of a mixed use building.
  • Also excluded from the IGCC are equipment or systems that are used primarily of industrial or manufacturing process.

Six organizations collaborated in the development of the IGCC, prepared by the ICC's Sustainable Building Technology Committee (SBTC):

Additional information is available in the ICC handout of Frequently Asked Questions (FAQ).

Even though California has published its own first Green Building Standards Code (CALGREEN) earlier this year, it is likely that the IGCC and the ASHRAE 189.1 Standard will further influence the next CALGREEN version and perhaps influence the local jurisdictions that are in the process of adopting the current CALGREEN version.

Bruce M. Bergman, AIA, LEED AP BD+C

| Print ArticlePrint Article | |
Thursday
Feb182010

Who's Watching the Watchers?

DateThursday, February 18, 2010 at 8:44AM | AuthorRon Tov | in , ,

The International Building Code (IBC), the basis for the California Building Code and most local building codes throughout the U.S., requires special inspections for critical structural components of new construction. Welding, high-strength bolts, precast concrete members, and steel reinforcing in concrete are examples of components that must be inspected, verified or monitored by special inspectors. 

The International Building Code Commentary, published by the International Code Council, explains these requirements as follows:

Special inspections provide a means of quality assurance. Structural properties of the concrete or steel that is used in most structures are not usually discernible by a mere visual inspection. Typically, construction materials must be tested and their installation must be monitored in order to provide a finished structure that performs in accordance with the construction documents. Trained specialists that provide these inspections give the building official and the engineer an indication that the required structural performance will be achieved.

Furthermore, Section 1704.1 of the IBC states:

The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection.

In New York City yesterday, Testwell Laboratories, a testing company, and V. Reddy Kancharla, Testwell's owner, were convicted of filing fraudulent test reports during the construction of several high-profile projects in New York.

In its original complaint, the New York County District Attorney's Office had alleged that Testwell engaged in numerous schemes that involved falsifying inspection records. In one of these schemes, "The Compressive Strength Scheme", the D.A. claimed that Testwell "systematically falsified" concrete strength tests:

For example, in connection with the construction of the Freedom Tower, TESTWELL was hired by the developer to assure that the concrete met the design specifications of 12,000 PSI.  From May 2006 until September 2006, TESTWELL certified that the concrete reached or exceeded 12,000 PSI on each and every occasion tested.  However, in late September 2006, the Port Authority commenced its own testing and determined that the concrete was averaging around 10,000 PSI and that only a third of the pours ever hardened to the required 12,000 PSI.  The Port Authority then did core testing, removing samples of the concrete that were already in place, and found that it was actually 9,000 PSI—not the 12,000 that TESTWELL had certified.

Owners, architects, engineers, building officials, as well as the ultimate users of the built environment, must be able to rely on the competence, integrity, and independence of third-party inspectors. It appears that sometimes someone needs to watch over those that are supposed to be watching over the safety of our buildings.

Ron Tov, AIA

| Print ArticlePrint Article | |
Wednesday
Feb102010

KPA Associates, Inc. Participating In West Coast Casualty’s Construction Defect Seminar 2010

DateWednesday, February 10, 2010 at 11:49AM | AuthorBruce Bergman | in ,

KPA Associates, Inc.’s preparations are underway for participating in the 17th West Coast Casualty’s Construction Defect Seminar. The event will take place on May 13th and 14th 2010 at the Disneyland Resort Hotel Anaheim, California.

This will be our 10th year participating at this nationally recognized event.

We hope to see you all there.

In addition to KPAA’s vendor display in the Exhibit Hall, we have received approval from West Coast Casualty to participate in the first Science and Technology Fair. The Science and Technology Fair is conveniently located in the same Exhibit Hall.

West Coast Casualty's Construction Defect Seminar 2010

Bruce M. Bergman, AIA, LEED AP BD+C

| Print ArticlePrint Article | |
Thursday
Jan282010

Title 24 - What is it?

DateThursday, January 28, 2010 at 10:12AM | AuthorRon Tov | in ,

Although the internet is an incredible resource for construction-related information, you can't believe everything you read on-line. The internet is also a prodigious source of mis-information, rumors and just plain wrong-headed thinking. Recently I was browsing through an on-line glossary of construction terms and came upon this definition:

"Title 24: A set of federal laws that mandates the construction industry to conserve energy."

This is totally incorrect. Title 24 is not a federal law, and it is not limited to energy standards.

"Title 24" refers to the 24th of 28 titles within the California Code of Regulations (CCR). Since Title 24 is reserved for state regulations that govern building design and construction, it is also known as the California Building Standards Code, which is published by the California Building Standards Commission.

Title 24 consists of 12 parts, as follows:

  • Part 1, California Building Standards Administrative Code;
  • Part 2, California Building Code based on the International Building Code;
  • Part 3, California Electrical Code based on the National Electrical Code;
  • Part 4, California Mechanical Code based on the Uniform Mechanical Code;
  • Part 5, California Plumbing Code based on the Uniform Plumbing Code;
  • Part 6, California Energy Code;
  • Part 7, currently vacant;
  • Part 8, State Historical Building Code;
  • Part 9, California Fire Code based on the International Fire Code;
  • Part 10, California Existing Building Code;
  • Part 11, California Green Building Standards Code (CALGREEN);
  • Part 12, California Reference Standards Code.

You can find additional information at the California Building Standards Commission website.

Ron Tov, AIA

| Print ArticlePrint Article | |
Wednesday
Jan202010

Poor Construction Led to Devastation in Haiti (Updated)

DateWednesday, January 20, 2010 at 11:26AM | AuthorRon Tov | in

Update: Additional articles discussing this topic at the end of the post...

The effects of last week's earthquake in Haiti were compounded by poor quality construction techniques, inferior building materials, and a lack of building codes. As reported by BBC News:

Tens of thousands are feared dead after being crushed by buildings that collapsed. Scores more remain trapped under the rubble.

"It's sub-standard construction," says London-based architect John McAslan, who has been working on a project linked to the Clinton Global Initiative in the country.

"There aren't any building codes as we would recognise them," he added.

Mr McAslan says most buildings are made of masonry - bricks or construction blocks - which tend to perform badly in an earthquake.

Before and after photos of the Presidential Palace demonstrate the force of the earthquake, even on what was once considered the best-constructed building in Port-au-Prince:

 

A Day In Haiti with Douglas Doebler

The destroyed Presidential Palace in Port-au-Prince ©Getty

Additional Information:

Ron Tov, AIA

| Print ArticlePrint Article | |
Monday
Jan182010

California Approves Requirement for Fire Sprinklers in All New Homes Beginning in 2011

DateMonday, January 18, 2010 at 11:44AM | AuthorRon Tov | in , ,
Last Tuesday, the California Building Standards Commission voted to base the 2010 California Residential Code (CRC) on the 2009 International Residential Code. This means that all single-family residences and duplexes will be required to have automatic fire sprinkler systems. The 2010 CRC will be effective for building permit applications starting January 1, 2011. According to a press release from the NFSA:

"The California State Building Standards Commission voted yesterday unanimously by a margin of 10-0 in favor of adopting the 2010 California Residential Code, which includes the 2009 International Residential Code as established by the International Code Council in September 2008.  The residential sprinkler requirement was voted into the 2009 IRC Code by building code officials from all over the U.S., gaining more than two-thirds of the vote.  This demonstrated that officials very clearly see the need to require sprinkler technology as a life-saving measure...

"The inclusion of residential fire sprinkler requirements in the 2009 IRC is a response to the growing fire problem in the U.S.  About 85 percent of all fires occur in the home and many are fueled by new “lightweight” construction and more flammable home contents. Smoke detectors are no longer enough in residential fire protection, as the time to escape a house fire has dwindled from 17 minutes 20 years ago to three minutes today.  This poses a severe risk to firefighters as they now have less time to do their job and save residents’ lives and property."

Ron Tov, AIA

| Print ArticlePrint Article | |
Monday
Jan182010

CALGREEN: How will the nation’s first statewide green building standards code work with LEED?

DateMonday, January 18, 2010 at 10:07AM | AuthorBruce Bergman | in , ,

The California Building Standards Commission, on January 12, 2010, adopted the Green Building Standards Code (CALGREEN) for residential, commercial, and public buildings.

In a press release Governor Arnold Schwarzenegger announced:

"With this first-in-the-nation mandatory green building standards code, California continues to pave the way in energy efficiency and environmental protection. Today's action lays the foundation for the move to greener buildings constructed with environmentally advanced building practices that decrease waste, reduce energy use and conserve resources…"

CALGREEN, also known as the 2010 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, will be mandatory effective on January 1, 2011, at which time it will be enforced by individual city and county building departments throughout California.

Back in 2004 the Governor issued Executive Order S-20-04, also referred to as the Green Building Initiative (GBI). According to the California Department of General Services’ GBI fact sheet: 

“The Green Building Initiative challenges state government to demonstrate leadership in energy efficiency and environmental responsibility in state buildings, while also reducing the impact state facilities have on climate change.”

The Governor’s Executive Order was intended to promote cost-effective efficiency measures including:

“Designing, constructing and operating all new and renovated state-owned facilities paid for with State funds as "LEED Silver" or higher certified buildings...”

LEED is a green building certification system, developed by the U.S. Green Building Council (USGBC), for providing third-party verification of compliance with defined green requirements.

It is not clear at this time, how CALGREEN will impact the Green Building Initiative with regards to achieving a LEED Silver or higher certification for State-owned buildings. 

Bruce M. Bergman, AIA, LEED AP BD+C

| Print ArticlePrint Article | |
Page 1 2 3 Next 10 Entries »

Architecture | Forensic Services | Construction Consulting

Copyright © 2010, KPA Associates, Inc. All rights reserved.