the Cutting Edge PRESIDENT S MESSAGE By Kevin Schmitz, K & J Construction and Design, LLC Volume 9, Issue 8 August 2018 Inside this issue:

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1 M i d - S h o r e s H o m e B u i l d e r s A s s o c i a t i o n, I n c. Celebrating 20 Years! the Cutting Edge Volume 9, Issue 8 August 2018 Inside this issue: Membership 2 IBS 3 Trap Shoot Highlights 4 Parade Advertising 5 Snazzy Traveler Flyer 7 WBA Advocacy Digest 8 CALENDAR OF EVENTS: August 9 Board of Directors Meeting 7:00 am at Riverview Family Restaurant, Kiel August 23 Parade of Homes Committee Mtg. 7:30 am at Christel & Heiberger Builders NOTE: MSHBA s Office will be closed August PRESIDENT S MESSAGE By Kevin Schmitz, K & J Construction and Design, LLC Hello fellow members, Summer is winding down and the general membership meetings will be starting soon. If you think that you do not have time to make a meeting with your busy schedule, think about the board of directors, who do not take the summer meetings off. They take time out of their busy schedules all summer long to keep things rolling. Usually during business hours. Not in the evenings, when most are already done with their days. Lets all try to make an effort to attend a meeting or two this fall. We have a lot of things to look at in the upcoming year. Things to think about as to how our association helps us and some of the topics to discuss at the meetings. * We have an interesting period coming up for our industry. The market outlook is good, but with Tariffs, mid term elections, rising labor costs escalated by a tight labor force, and material prices fluctuating from Natural Disasters, the residential market is still volatile. * New codes and outdated codes that affect the cost of housing. * Labor shortages... Welfare reform * Working with the local schools to better inform and teach the students about our trades verses the mentality that everyone needs to attend a 4 year college. * OSHA...Have you been visited lately? If not, expect it. They are really cracking down on the residential end of the industry. The good news so far is that they are not just out looking to bust contractors, but are stopping in to make their presence known and hand out safety info. They will take action though if they see something major. * Health concerns in the field. Lead, Asbestos, and Silica. What are the real dangers, and how do they affect people... I just went through a 20 hour Asbestos Abatement class for exterior removal. It opened my eyes to a few things that I never knew are hazardous in the remodeling industry, and how serious some of it is. Also, the loop holes that are out there do not require a homeowner to follow any safety rules. Yet, some asbestos products are virtually safe until the removal process. *??? Topics you would like to cover The initial results are in for our trap shoot. We had 54 shooters. Down from last year, but still a successful and fun event. Thank you to all who helped make it happen again. A special thanks to Tim Mathes for stepping in at the last minute to cover the grilling for me so that I could attend my daughters softball tournament in Mankato, Minnesota. (Her team took 8th place at Nationals). Upcoming in October is our Parade of Homes. The association needs everyone's support at this event. There is advertising, sponsoring and other ways to help make it a success. It gets harder and harder every year to secure homes to be included in the

2 Page MSHBA OFFICERS President : Kevin Schmitz K & J Construction and Design LLC kjconstruction@bugnet.net President-Elect : OPEN POSITION Treasurer: Sara Cardinal Premier Financial Credit Union Sara.cardinal@yourpfcu.com Secretary: Pam Van Dera Collins State Bank pamvandera@collinsstatebank.com Past-President : Dave Amel Premier Properties Realty, LLC Dave@TheAmelTeam.com 2018 DIRECTORS Ted Birschbach Birschbach Builders LLC Darlene Schwobe Zander Press Inc Jerry Mallmann Chilton Furniture Tim Mathes Mathes Construction and Gutter Co WBA Directors Sean Kelly Dan Schneider Pam Van Dera Glenn Christel NAHB Director Kevin Schmitz Dan Schneider (Alternate) PO Box 125 New Holstein, WI Executive Officer Tena Hartwig 2104 Mary Ave. New Holstein, WI Phone (920) Fax 9920) thartwig@midshoreshomebuilders.com MSHBA Membership MEMBERSHIP the Ultimate Building Resource THANK YOU FOR RENEWING YOUR MEMBERSHIP! K & J Construction and Design LLC Mid-Shores HBA offers a 3-Pay Dues Payment Program MSHBA offers an option to pay your dues in three consecutive monthly payments of $ Your membership will take into effect on your final payment. A 3-Pay Dues payment contract will be included with your renewal statement. WBA Member Meetings & Events Thursday, October 11 Virtual Thursday, October 10 NAHB Leadership Training at SentryWorld, Stevens Point Friday, February President s Installation & Member Meeting Day at The Orpheum Theater, Madison MSHBA Membership Delivers Value Save $ this Summer! Exclusive Member Benefits for belonging to MSHBA include: NAHB s Member Advantage Program: Did you know NAHB offers numerous benefits to you? Making vacation plans check out the discounts through Avis, Budget, Hertz, Endless Vacation Rentals & Wyndham Hotel Group. Discounts are also available from companies such as General Motors, FCA US LLC, UPS, Dell, Houzz, Office Depot, Lowe's, Omaha Steaks and many more. Log onto to start saving. Snazzy Traveler: Exclusive hotel, cruise, rental car, & activities booking site offering discounts up to 75%, no blackout dates or restriction. Learn more at President s Letter Cont Parade. Builders face many challenges to have customers allow them to show their homes. Many sub contractors, suppliers and material manufacturers do not give financial credits to the homeowner any more for having their house in the Parade. The homeowners need to relocate for a weekend, and they have their personal touches, ideas and tastes gone through and scrutinized by the public. This is a big fundraiser for our association. Please make an effort to thank those that put it together and to those who are lucky enough to secure a home to show, so that we can keep this annual event a success. Hope to see everyone there! Kevin K&J Construction and Design LLC Residential Construction and an Authorized Central Boiler Dealer MSHBA S 16th Annual PARADE OF HOMES October 5-7 Advertise your Business in the Parade Book! Space is STILL available! Advertising Packet: Pages 5-7 Parade Dates: Friday, Oct PM Saturday, Oct. 6 10AM-5PM Sunday, Oct. 7 10AM-4PM OFFICE NOTE MSHBA s office will be closed August BOD MEETING August 9 at 7:00 a.m. Riverview Family Restaurant

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4 Page 4 Thank you for your support of MSHBA s Jerry Arenz Memorial Trap Shoot! Boomer s Gang earned the Top Team title, Luke Orth beat out the competition for the title of Top Gun and Junior Top Gun was won by Mason Becker Congratulations! Also a special thank you to the Jerry Arenz family and all of our Sponsors! JERRY ARENZ MEMORIAL TRAP SHOOT Thank you Sponsors! Youth: Chilton Furniture Station: Scott Umland Insurance Services, Christel & Heiberger Builders, Inc., Roffers Concrete Construction, Mid-Shores Disposal and Drexel Building Supply Top Gun & Junior Top Gun: Premier Properties Realty LLC, State Bank of Chilton, Pella Windows & Doors of Wisconsin and Kasper Building Supply Event: Zander Press, Inc Early Bird: K & J Construction and Design LLC Door Prize/Raffle Prize: Many donations Special thanks to everyone that donated paddle and bucket raffle prizes, door prizes and provided food!

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9 Page 9 Advocacy Digest July 2018 Brad Boycks, Executive Director DNR Holds Webinar to Provide Guidance on Recently Passed Wetland Law The Wisconsin Department of Natural Resources recently held a webinar to provide additional guidance on 2017 Wisconsin Act 183 which makes significant changes to the way state wetlands are regulated in Wisconsin. Provision related to 2017 Wisconsin Act 183 went into effect on July 1, "Exemptions apply to certain types of nonfederal and artificial wetlands, but it can be challenging to determine the type of wetland you're dealing with," said Robert Rosenberger, Watershed Management Deputy Program director. Before placing fill material in nonfederal or artificial wetlands, Act 183 requires stakeholders to notify the DNR to confirm eligibility. One exemption is for "artificial wetlands," which are those that have no wetland or stream history prior to August 1, 1991 and have been modified by human activity that changed the landscape. There are many qualified professionals that can assist stakeholders in determining if a wetland is potentially an artificial wetland. DNR also offers a wetland identification service that can also assist with this determination. More information about the artificial wetland exemption can be found by searching the DNR website, dnr.wi.gov, for "wetland identification." The other exemption is for "nonfederal wetlands," which are those that are not subject to federal oversight. The Army Corps of Engineers is the only government entity that can determine if a wetland falls under federal jurisdiction. For this reason, the corps will be an integral partner to determining eligibility for nonfederal wetland exemptions. Additional information on wetlands and for the link to the wetlands webinar (see box in upper right side with yellow header) click here. From DSPS: Update on Electrical Code Effective Dates Attention Electricians, Building Officials and Contractors The Department of Safety and Professional Services (Department) - Division of Industry Services wishes to update you on the status of the SPS 316 Electrical Code Package (CR ). The proposed code package has been adopted and published. The new SPS 316 can be viewed here. Here is a timeline of effective dates related to several parts of the code update: August 1, 2018: 2017 NEC adopted for commercial structures. August 1, 2018: DSPS can begin accepting applications for registration as an electrical inspection agency. More information can be found here. March 1, 2019: Only registered inspection agencies may provide plan review, permit issuance, or inspections. January 1, 2020: 2017 NEC adopted for one- and two- family dwellings. One and two family dwellings means any buildings that contain one or two dwelling units the construction of which commenced on or after December 1, 1978 per SPS (7). Effective August 1, 2018 the 2017 NEC will apply to any building that does not meet the definition of one and two- family dwellings. January 1, 2020: statewide requirements for permits and inspections go into effect. Important Note for Municipalities: Municipalities may exercise jurisdiction over the inspection of electrical wiring installations at farms, public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks provided the municipality complies with all of the following listed in SPS (1). Any municipality that wishes to exercise jurisdiction over the inspection of electrical wiring installations as described in SPS (1)(a) must register with the Department as an electrical inspection agency even if they are currently exercising jurisdiction as allowed under Subchapter V of SPS 316. In municipalities not exercising jurisdiction under SPS (1), the department shall provide permit and inspection services for the installation of electrical wiring on farms and in public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreation-

10 Page 10 al vehicle parks. Questions regarding the code update can be sent to From NAHB: Major Victory for NAHB and Builder in Clean Water Act Court Case On June 26, the U.S. Court of Appeals for the Seventh Circuit sided with an NAHB member engaged in a decadelong legal battle in a case supported by NAHB s Legal Action Fund Orchard Hill Building Company v. U.S. Army Corps of Engineers. The case concerned 13 acres of wetlands owned by Orchard Hill Building Company. Orchard Hill sought a jurisdictional determination as to whether it would need a Clean Water Act section 404 permit from the U.S. Army Corps of Engineers to develop these acres. The Corps found that the acres fell under the jurisdiction of the Clean Water Act. Orchard Hill disagreed with the Corps determination and over a 10-year period fought through the Corps internal appeals process. During this time, Orchard Hill s efforts were buoyed by several court cases. Orchard Hill finally got its day in court when the U.S. Supreme Court found in U.S. Army Corps of Engineers v. Hawkes that jurisdictional determinations are judicially reviewable. Ultimately, the Seventh Circuit ruled in favor of Orchard Hill, holding that the Corps had failed to prove the wetlands at issue had a significant nexus to any truly navigable water. NAHB aided Orchard Hill in two distinct ways: First, it provided Orchard Hill with a $10,000 Legal Action Fund grant in Second, NAHB was involved in every court case that kept Orchard Hill s claims alive over their decade-long battle. NAHB s proactive Litigation and Amicus Brief program allows NAHB to bring lawsuits and submit amicus briefs on siginificant issues that impact NAHB members. Through this program, NAHB aided Orchard Hill by litigating in cases that clarified the bounds of the Clean Water Act, vacated a rule that curtailed the use of the prior converted croplands exemption from the wetlands permitting program, and required jurisdictional determinations to be judicially reviewable. The NAHB Legal Action Committee s Legal Action Fund is available to NAHB members and HBAs with litigation that implicates a national policy issue or a state or local problem that is common to the housing industry. For more information about Orchard Hill s victory, please contact Tom Ward. For more information about the Legal Action Fund, contact Lavon Roxbury.