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---Registration, Page 3--- Circle the correct seminar ID number – only one per time period unless otherwise noted (see reverse for seminar details) WEDNESDAY, MARCH 30, 2005 1:30 – 3:15 p.m. W-1 W-2 3:30 – 5:15 p.m. W-3 W-4 THURSDAY, MARCH 31, 2005 1:30 - 3:15 p.m. T-1 3:30 – 5:15 p.m. T-2 FRIDAY, APRIL 1, 2005 8:00 – 9:45 a.m. F-1 F-2 F-3 F-4 10:00 am – 12:00 pm F-5 F-6 F-7 F-8 SATURDAY, APRIL 2, 2005 [ROUND TABLES] 8:00 -11:00 am Identify four in order of preference (#1 = 1 st choice) Three (3) will be assigned as space permits ____RT-1 ____RT-6 ____RT-11 ____RT-16 ____RT-2 ____RT-7 ____RT-12 ____RT-17 ____RT-3 ____RT-8 ____RT-13 ____RT-18 ____RT-4 ____RT-9 ____RT-14 ____RT-19 ____RT-5 ____RT-10 ____RT-15 ____RT-20 NAME OF REGISTRANT: (print) ________________________________________________________________________________ EASTON TOWN CENTER SHOPPING EXPERIENCE ATTENTION TO ALL ACCA AND PHCC SPOUSES AND GUESTS We would like to welcome all spouses and guests of the ACCA and PHCC members attending the 2005 convention in Columbus on March 30th through April 2nd. With the convention now shortened, we have decided to make our afternoon of Thursday, March 31st, a truly memorable visit to Easton Town Center. Enjoy a unique mix of shopping nestled in an upscale town square that’s cosmopolitan, yet comfortable, worldly, yet friendly, indoors and out. For the latest fashions they offer Nordstrom, J.Jill, BCBG, Max Azria and other fine stores. They also have a Build-A-Bear Workshop or a make it yourself pottery at the Wexner Center Artshop. An Experience Easton coupon book, filled with generous merchant discounts and exceptional offers that will make your experience even more rewarding, will be waiting for you at registration. We hope we will see you all take advantage of this unique shopping experience. Holly Prout, Convention Chair Nici Wilaj, Convention Co-Chair

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Page 1: EASTON TOWN CENTER SHOPPING EXPERIENCEHydrotherm Boilers 26 America’s Water Heater Rentals Water Heater Rentals for Residential Applications 27 FlowGuard Gold Pipe & Fittings / Noveon

---Registration, Page 3---Circle the correct seminar ID number – only one per time period unless otherwise noted (see reversefor seminar details)

WEDNESDAY, MARCH 30, 20051:30 – 3:15 p.m. W-1 W-23:30 – 5:15 p.m. W-3 W-4

THURSDAY, MARCH 31, 20051:30 - 3:15 p.m. T-13:30 – 5:15 p.m. T-2

FRIDAY, APRIL 1, 20058:00 – 9:45 a.m. F-1 F-2 F-3 F-410:00 am – 12:00 pm F-5 F-6 F-7 F-8

SATURDAY, APRIL 2, 2005 [ROUND TABLES]

8:00 -11:00 am Identify four in order of preference (#1 = 1st choice)Three (3) will be assigned as space permits

____RT-1 ____RT-6 ____RT-11 ____RT-16____RT-2 ____RT-7 ____RT-12 ____RT-17____RT-3 ____RT-8 ____RT-13 ____RT-18____RT-4 ____RT-9 ____RT-14 ____RT-19____RT-5 ____RT-10 ____RT-15 ____RT-20

NAME OF REGISTRANT: (print)

________________________________________________________________________________

EASTON TOWN CENTER SHOPPING EXPERIENCE

����� ATTENTION TO ALL ACCA AND PHCC SPOUSES AND GUESTS �����

We would like to welcome all spouses and guests of the ACCA and PHCC members attending the 2005 convention inColumbus on March 30th through April 2nd. With the convention now shortened, we have decided to make our afternoonof Thursday, March 31st, a truly memorable visit to Easton Town Center. Enjoy a unique mix of shopping nestled in anupscale town square that’s cosmopolitan, yet comfortable, worldly, yet friendly, indoors and out. For the latest fashionsthey offer Nordstrom, J.Jill, BCBG, Max Azria and other fine stores. They also have a Build-A-Bear Workshop or a make ityourself pottery at the Wexner Center Artshop.

An Experience Easton coupon book, filled with generous merchant discounts and exceptional offers that will make yourexperience even more rewarding, will be waiting for you at registration.

We hope we will see you all take advantage of this unique shopping experience.

Holly Prout, Convention ChairNici Wilaj, Convention Co-Chair

Page 2: EASTON TOWN CENTER SHOPPING EXPERIENCEHydrotherm Boilers 26 America’s Water Heater Rentals Water Heater Rentals for Residential Applications 27 FlowGuard Gold Pipe & Fittings / Noveon

CONTINUING EDUCATION OPPORTUNITIES

WEDNESDAY, MARCH 30, 20051:30 – 3:15 pm W-1 Electrical Code

W-2 Technology – Tim Fletcher, Copeland3:30-5:15 pm W-3 Electrical Code

W-4 Business - tba

THURSDAY, MARCH 31, 20051:30 – 3:15 pm T-1 Ohio Department of Commerce, Div. of Industrial Compliance – Panel3:30 - 5:15 pm T-2 Legal Issues for Today’s Contractors – Dunlevey, et al

FRIDAY, APRIL 1, 20058:00 - 9:45 am F-1 Mike Maynard, The Boss - 10

F-2 Mike Solomon, Estate PlanningF-3 Ralph Reeb, Plumbing & BackflowF-4 Kelly Denk & John Saccoccia, Frank Gates Svc.Co.

10:00-11:45 am F-5 Rudy Leatherman, Bacharach – COF-6 Daniel Johns, Rheem Commercial Gas Water HeatersF-7 Gary Krebs, Pressure PipingF-8 Roetzel & Andress + AIG Ins., Mold Remediation & Insurance Issues

SATURDAY, APRIL 2, 2005ROUND TABLES - select 4 with 3 to be assigned - all held from 8:00 am – 11:00 am = 1 hour each

RT - 1 Financial Planning – Dominic PozzutoRT – 2 Hiring Practices & Employee Retention – Dan Kirby, Federated InsuranceRT – 3 Ohio Mechanical Code – Cheryl Roahrig, Columbus Bldg. Dept.RT – 4 Keeping Score – Michael Bohinc, Keeping ScoreRT – 5 Ohio State Sales Tax Issues – Jim Taylor, CPART – 6 Drug Free Workplace – Bob Rude & Scott St. Clair, Bureau of Workers’ CompensationRT – 7 Computer Security – tbaRT – 8 Manual J-8 - George Brockman, Jr., Wm. Brockman & SonsRT – 9 Performance Pay - Scott Robinson, Apple Heating, Inc.RT – 10 Basic Air Flow Testing – Gary Kellermeier, Kellermeier Plbg, Htg. & A/CRT – 11 Service Agreements - Lee Paynter, Snyder Service NowRT – 12 Long Range Planning for your Business – Michael Kolp, J. L. Kolp Plbg & Htg.RT – 13 Service & Repair – Dennis Schlekie, Approved PlumbingRT – 14 Distractive Driving Practices – Will Hungerford, Federated InsuranceRT – 15 Managing for Profit – Paul K. Swan, Swan Plbg, Htg, & Elec.RT – 16 Backflow – Jack Wormley, Wormley PlumbingRT – 17 OCILB Continuing Education – Carol Ross, Director of Training & Public RelationsRT – 18 Standards for Evaluating Employment Testing – Mike Raia, Raia AssociatesRT – 19 GPS Systems = Value to the Specialty Contractor – Greg Harnist, Corcoran & HarnistRT – 20 Electric Code Changes / Common Violations

SPONSORSThe following sponsors have made commitments to sponsor the convention and/or events as of this writing (12/1/04)

PlatinumFederated

SilverJackson Systems

Refrigeration Sales Corp.

BronzeCentral Ohio ACCACentral Ohio PHCC

Frank Gates Service Co.Oatey Co.

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EXHIBITORS LIST

1 & 2 BWA South 6 Pipe Fitting, Charlotte, Elkay, Zurn, Wilkins, American WaterHeater, Elkhart, Aquarius

13 Wolverine Brass, Inc. Faucets, Valves, Plumbing Specialties, Custom Labeled Products14 Seal-Tite Inc. Pipe Duct Fittings18 SVF Sales Co., Ltd. Jet-Swet, Speakman, Mission Rubber19 Comfort Seats/SVF Sales Comfort Seats20 Whitney Company Sump & Sewage Pumps; Freezeless hydrants; Torches24 & 25 Famous Supply Friedrich (PTAC), Mitsubishi Ductless, Bradford-White, Luxaire,

Burnham Laar, Accumate A/C & Furnace, Armstrong, Furnace & A/C,Hydrotherm Boilers

26 America’s Water Heater Rentals Water Heater Rentals for Residential Applications27 FlowGuard Gold Pipe & Fittings / Noveon CPVC pipe & fittings for hot-cold water distribution systems3 thru 12 Robertson Heating Supply, Inc. Plumbing & Heating Products30 Quick Pen International Estimating / CAD Software31 J. W. Harris Co., Inc.32 Clarion Bathware Acrylic and Fiberglass Showers, Tub/Showers, Whirlpools and ADA Assisted Living

Showers33 Welker-McKee - Division of HAJOCA Wholesale Distributor of Plumbing & Heating Products34 Moen Moen Faucets36 Tane Corporation (Water Commander) Water Commander, Water-Powered Backup Sump Pump37 Curnayn Sales Aquaglass, Gerber, Blaco, Vanguard, Bemis38 Automatic Peace of Mind GPS Vehicle Tracking

Booth# Company Booth Items

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EXHIBITORS LIST (continued)

39 Plumbmaster, Inc Plumbing Repair Parts41 Copper Development Association, Inc. Copper & Copper Alloy Tube & Fittings Information43 U.S. Consolidated, Inc. Grohe, State Water Heaters, Swan, Maax, Toto44 Libb Co., Inc. Delta Faucet, A.O. Smith, Mansfield, Zoeller, Watco, Zurn Pex, Omega Flex, Bemis/Church,

Watco, Alsons, ISE48 Ditch Witch of Ohio Sales, Service, Rental & Parts = Trenchers, Drills, Excavators, VacSystem, Line Locaters,

Plumbers Beacons48 Equiguard Service Agreements49 Arzel Zoning The Retrofit Solution to Residential and Light Commercial Zoning50 Ohio Utilities Protection Service Call Before You Dig Center for the State of Ohio51 Federated Insurance Companies Insurance Information55 Frank Gates Service Company The Frank Gates Service Company has 58 years of experience in workers’ compensation.

With that experience, we provide expert claims management, excellent group rating savings& experienced staff.

56 & 67 Hughes Supply, Inc. Ruud, Weather King - Boilers; Oh So Soft - Softeners; Kohler60 Glentronics, Inc. PHCC Pro Series Battery Backup Sump Pump Systems with matching battery and water

alarm61 & 62 Disney McLane & Associates Watts, Oatey, Symmons, Holdrite, Parflex, Woodford, Briggs, Union Brass, Smith Cooper63 & 64 R. E. Michel Company Inc. HVAC65 & 66 Great Lakes Sales Company68 Preferred Sales Bradford White (Water Heaters), Lasco Bathware, American Saw, Gastite, Danze Faucets,

Hydromatic Sump Pumps69 Sioux Chief Mfg. Brackets, Hangers, Drains, Water Hammer Arresters, Plumbing Specialties, Trap Primers,

Preformed Copper72 Palmer Donavin Rheem or Armstrong Equipment73 & 74 Turbonics/Tradrep Hydronic Heaters, Kickspace, Wall and Floor Mounted Units, Tools, Controls and Other

Plumbing Related Products78 Climatemaster, Inc. Geothermal / Water Source Heat Pumps79 Applied Compliance Training DOT OQ Training81 Jackson Systems, LLC Zone Control, Thermostats, Commercial Controls, Other HVAC Controls82 & 83 M Tech Company Safety Equipment, Drain Cleaning Equipment, Sewer Maintenance Equip.TENT Knapheide Manufacturing Co. Trucks

Booth# Company Booth Items

PLUMBING-HEATING-AIR CONDITIONING EXPOApril 1, 12:00 noon - 5:30 p.m.

Columbus Hilton at Easton - 3900 Chagrin Drive - Columbus, Ohio REGISTRATION

Register in advance, your name badge will be waiting for your arrival.(Please print)

Name________________________________________________________________

Company_____________________________________________________________

Address______________________________________________________________

City/State/Zip_________________________________________________________

Phone ( ) Fax______________ E-mail__________________________

State ID #______________________1 hr of Technology CEU applied for

Mail form to: 2005 ACCA-PHCC Ohio Convention18961 River's Edge Drive, Chagrin Falls, OH 44023or fax to: 440-543-1699

18 hrs ofCEU's available

at OhioConventionseminars.

For cost andregistrationinformation,

contact the OhioConvention

office at1-877-553-3976.

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21Winter 2005 • OHIO PHC CONTRACTOR

JOE & DOTTIE SCHMITTJoe and Dottie Schmitt cel-

ebrated their 50th wedding

anniversary on December

18, 2004 They have three

sons and two daughter-in-

laws: Joe Jr. and his wife

Mary Beth, Ron Schmitt,

and Dave and his wife

Terry Schmitt. They also

have six grandchildren: Shaun Wasmuth, Dave, Justin,

Kassandra, Josh, and Megan Schmitt.

The family will be celebrating at Walt Disney World, in

Orlando, Florida the last week of December. Two of their

sons, one daughter-in-law and one grandson are in the

business.

RALPH & CELIA CONTI Ralph and Celia Conti celebrated their 50th wedding

anniversary on October 2, 2004. They renewed their vows

in front of family in Holy Rosary Church in Lowellville

followed by an intimate small reception at Alberini’s

Restaurant. Earlier in

the spring, they took a

trip to Hawaii with their

family (four daughters,

four sons-in-law, 14

grandchildren). All

sons-in-law are in the

plumbing, heating, cool-

ing and/or electric

trades.

A SUCCESS STORYWhen my wife , Debby, and I bought Baum Plumbing

and Heating in October of 1990, we mortgaged everything

we had; the bank itemized even our six-pound Yorkshire

terrier. The bank loan officer asked me what would be the

hardest obstacle for me to overcome. I said making the

transition from employee to employer would be the

biggest hurdle for me. I was an employee of Baum

Plumbing and Heating for 14 years under Jim and Harold

Baum, who were and are my mentors. I remember a lot of

competitor contractors coming into Harold’s office for

advice. After his passing, I was told by one of those same

contractors that Harold was a “plumber’s plumber.” Now,

keep in mind, our company has been in business since

1900 and has been a PHCC member before my time.

One day at our small plumbing store, a competitor

plumbing contractor was leaving as my nephew was com-

ing in. He asked me, “Why do you help these guys?” I

realized I was doing the same thing Harold Baum was

doing a few years ago. I call it “PAY IT FORWARD!” If I

can help a fellow PHCC member become a better contrac-

tor by giving a little advice or answering a question with-

out obligation, I will do it; this is paying-it-forward!

So, paying-it-forward is the networking within the

PHCC that is immeasurable to its members. I am happy to

report that we have been debt free for the past three years

and working a positive cash flow doing contract pricing. I

strongly recommend to all our members:

� Attend your local meeting and state convention

� If you haven’t already taken the PHCC “Managing for

Profit” seminar, do it. (Mine paid for itself in six

months.)

PAY-IT-FORWARD – the rewards will come.

I feel honored to be counted among the professionals

in the industry and in PHCC.

Mark T. Armstrong,

President, Baum Plumbing & Heating

congratulations!

membership matters!

Celebrating 50 Wonderful Years Together!

Page 6: EASTON TOWN CENTER SHOPPING EXPERIENCEHydrotherm Boilers 26 America’s Water Heater Rentals Water Heater Rentals for Residential Applications 27 FlowGuard Gold Pipe & Fittings / Noveon

Apopular statement in business is “If you fail to plan,

you plan to fail.”

It also happens to be true. As the end of the year

approaches, some people are already thinking about next

year. How about you? If you’re a business owner, you

should already have a pretty good idea of your budget for

2005. Don’t have one in place? Well, don’t be discour-

aged. In my experience, I find only about 1 in 10 contrac-

tors have an annual budget in place. It’s never too late to

start budgeting and it’s not as difficult as many think. It’s

simply a matter of taking the time to work on it. It gets

back to that profound statement by noted author Michael

Gerber. “Work ON your business not IN it.”

What is a budget? A budget is a document projecting

income and expenses for a period, typically a year.

Establishing a budget for the business is analogous to get-

ting a Trip Tik from AAA for a family vacation. Without

one, how do you know where you’re heading and how

you’re getting there? A budget can have many components

or sub-budgets. It can include a sales budget, purchasing

budget, production/labor budget, overhead budget, inven-

tory budget, cash budget and projected balance sheets and

income statements. Most contractors don’t take the time to

formulate budgets because they believe it’s too complicat-

ed. It really isn’t. It’s like anything else. You just need to

get started.

How do you get started budgeting? Well, you can

start by looking at financial statements for recent prior

periods (months/years) to help determine future projec-

tions for your business. Now that you have a starting

point, you can work forward from there by factoring in

anticipated changes in revenues and expenses. A great

example on the expense side recently has been the surge

in fuel and steel prices. It’s important to factor in these

increases. They should be reflected in any projections. If

you’re thinking about adding another truck, you can add

that to the budgeted figures. Industry trends or economic

issues can cause changes in both income and expenses.

That will at least get you on the road to effective budget-

ing. Then, as the year goes along, you simply compare

your budgeted figures with your actual performance. If

this seems too daunting a task, you can ask your account-

ant to assist in its creation. However, as a business owner

you can not delegate this entire process. It’s imperative

that you play an active role in it. As the business owner,

you’re the one “driving the bus.”

Why is budgeting so important? It is important to

plan and budget your company’s future. Many owners

have well-defined thoughts about what they want to

accomplish and when they want to accomplish it.

However, the problem is that unless they have a way to

communicate these thoughts with the rest of the staff, it’s

likely that their goals will not be met, unless by accident.

Budgeting also provides management with a way of for-

22 OHIO PHC CONTRACTOR • Winter 2005

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malizing your planning efforts. A budget provides bench-

marks for the goals and objectives set so that you can see

how you’re doing along the way.

Budgeting will also assist you in forecasting your

future cash flow projections (both inflows and outflows)

and the cash flow budget shows you when you’ll most

need cash (to borrow from a bank) and when you’ll be

able to repay your borrowings (i.e. low and high cash flow

points during the year). As the year goes on, you can com-

pare your actual numbers to what you had budgeted and

investigate the difference and determine where adjust-

ments may be needed.

A key point to remember about budgets is that they

are simply your best guess of what is going to happen in

the future. People get the impression that a budget is set in

stone. That’s not true. A budget is a fluid document. It can

be adjusted during the year as appropriate. It’s like that

Trip Tik. You monitor your progress as you go along and,

if you get lost or make a wrong turn, you take corrective

action to get back on course. A budget is a plan for profit

and growth. It also is a component of a business plan,

which is a document that contractors should have.

Unfortunately, most contractors

don’t have a business plan or a

budget. Do not own or run a busi-

ness without a Trip Tik for your

business.

Michael A. Bohinc is aCertified Public Accountant basedin Cleveland, Ohio. He is an asso-ciate member of the PHCC of Ohioand a Consult & Coach Partnerfor the Service Roundtable. He has16 years experience working onbusiness management issues in theP-H-C industry. He is a PastPresident of the PHCC of NorthEast Ohio and a past Treasurer forGreater Cleveland ACCA. He canbe reached at:[email protected] (© 2004Keeping Score, Inc.)

SHERLOCK ® LEAK DETECTORFAST—Locates leaks in just 5 seconds.ACCURATE—Finds leaks other detectors miss.CONVENIENT—Ready-mixed for immediate use.MANY DIFFERENT TYPES—For gas and air, above freezing, below freezing, pure oxygen and compressed air,for refrigerant gases and air conditioning systems.SEVERAL SIZES —In 4 and 8 oz. squeeze and dauber bottles and bulk sizes—1, 5 and 55 gal. drums. Buy ourfamous Pint Brush Top Dispenser and fill from bulk.

Contact Joyce Rick or Jack McCreary

WINTON PRODUCTS CO., INC.P.O. Box 36332, Charlotte, North Carolina 28236 • 704/399-5151

Fax: 704/392-5389 • e-mail: [email protected]

23Winter 2005 • OHIO PHC CONTRACTOR

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24 OHIO PHC CONTRACTOR • Winter 2005

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25Winter 2005 • OHIO PHC CONTRACTOR

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26 OHIO PHC CONTRACTOR • Winter 2005

By the time you read this, the 126th General

Assembly will have opened. All the bills will

be new, including some that didn’t pass during

2003-4 Session. There is new leadership. And

we’ll be monitoring all bills introduced that remotely ref-

erence our industry to see what, if any effect, they will

have on our members.

New leadership: In the House: Jon Husted (R-Dayton),

former vice president of the Dayton Area Chamber of

Commerce, will be the new Speaker of the House. Rep.

Charles Blasdel (R-E. Liverpool) will be speaker pro tem-

pore; Rep. Merle Grace Kearns (R-Springfield) will be

majority leader; Rep. Larry Flowers (R-Canal Winchester),

assistant majority leader; Rep. Kevin DeWine (Fairborn),

majority whip; and Rep. Jim Carmichael (Wooster), assis-

tant whip. Rep. Tim Schaffer (Lancaster) was chosen to

chair the House Commerce and Labor Committee. Rep.

Schaffer was chairman of the House Homeland Security,

Engineering, and Architectural Design Committee during

the 125th session, a committee that considered many bills

of interest to our association members.

In the Senate: Sen. C.J. Prentiss (D-Cleveland) was

unanimously elected Minority Leader of the Ohio Senate

along with Sen. Mark Mallory (D-Cincinnati) as Asst.

Minority Leader; Teresa Fedor (D-Toledo) as Minority

Whip; and Bob Hagan (D-Youngstown) who will serve as

Assistant Minority Whip. Sen. Scott Nein (R-Middletown)

has removed himself as Chairman of the Senate Insurance,

Commerce & Labor Committee (where most of “our bills”

were assigned in the Senate) to avoid any conflict with his

new position as Executive Vice President of the Ohio

Association of Insurance Agents.

Bills during the 125th session that just ended Dec. 31

that have an impact on our plumbing, heating and

cooling contractors included:

SB179 sponsored by Senator Scott Nein passed providing

additional enforcement procedures for statewide licensing

for contractors in plumbing, hvac, hydronics, refrigeration

and electrical work within the Ohio Building Code (4-fam-

ily-and-above buildings being constructed or renovated).

Now, all government entities that register these contractors

must require a license from the contractors in order to

issue permits. The backflow program that continued when

the plumbing regulations were moved from the State

Health Department to the Ohio Department of Commerce

is now officially recognized as an ODOC certification for

all installers and testers. Violators of the bill’s provisions

can now face up to $1,000.00 per day in fines. And, it

opened up the door for reciprocity with other states whose

regulations and licensing laws are substantially equal to

the requirements for licensing in Ohio – and the other state

also extends reciprocity; Reciprocity takes time but the

OCILB (Ohio Construction Industry Licensing Board) is

working diligently to make reciprocity a reality.

HB498 (Rep. Faber) would correct a decision by the Ohio

Supreme Court in 1982 that allowed injured workers to

sue their employer for workplace injuries in addition to

collecting workers’ compensation benefits. Referred to by

some as “double dipping,” this legislation would distin-

guish between intentional tort and employer’s negligence.

With very little time left, the full House passed the bill by

a vote of 59-to-34. The Senate amended the bill, to which

the House concurred and the bill was sent to the Governor

for signature following passage on 12/9/04.

SB80 (Sen. Stivers), also known as “Legislation to End

Lawsuit Abuse” overhauls Ohio’s civil justice system to

end frivolous lawsuits and outlandish awards. Included in

the bill are limits on non-economic and punitive damages,

a statute of repose for certain product liability claims, a

legal consumers’ bill of rights, graduated percentage limits

on attorney contingency fees and a 10-year period to file

By Joseph A. Schmitt,Chairman

Legislation/RegulationUpdate

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27Winter 2005 • OHIO PHC CONTRACTOR

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See your local wholesaler for price and availability.Over 11,000 items and growing!

Ask your local distributorfor your “FREE” copy.

The “New” Jones Stephens catalog is now available!

Backed by the Best Guaranteein the Industry “5/25”!

Page 12: EASTON TOWN CENTER SHOPPING EXPERIENCEHydrotherm Boilers 26 America’s Water Heater Rentals Water Heater Rentals for Residential Applications 27 FlowGuard Gold Pipe & Fittings / Noveon

28 OHIO PHC CONTRACTOR • Winter 2005

claims of wrongful death or injury over building design and

construction problems or defective products. Every 17 min-

utes a new lawsuit is filed in Ohio. The tort tax costs the

average Ohio citizen over $800 every year. The bill was

amended in the House to include sections of other related

bills including limited successor liability protections related

to asbestos claims. The Senate concurred with the amend-

ments and the bill was sent to the Governor, whose signature

is expected.

HB175 (Rep. Trakas) The Ohio Home Builders Association

has held a residential building code as its highest priority

according to one of its leaders who testified in committee

hearings that it is important to eliminate the inefficient, time

consuming and costly building code regulations that have

been adopted in piecemeal fashion across Ohio. The “right to

cure” portion of the sub bill was removed. An amendment

that would have allowed local governments to keep their

standard if it was higher than the uniform standard was

defeated. The bill passed the House on 11/17/04 and passed

the Senate on 11/30/04; we expect the Governor’s signature

by the end of the year and action to implement the Bill to

begin in early 2005.

HB507 (Rep. J. Stewart) to require public authorities, con-

tractors and subcontractors to obtain proof of compliance

with specified laws from contractors, subcontractors, and

lower tier subcontractors before contracting for public

improvements. Additionally, it would prohibit the approval of

building plans with proof of these specific laws (workers’

comp, insurance, licensing). The bill had numerous hearings

and the expectation of a substitute bill in November. No fur-

ther action was expected during the 125th G.A.

Non-Compete Enforcement was upheld on two fronts this

past year. In September, a Summit County Court issued an

$8.6 million wake-up call when an individual took a position

in key management at a direct competitor noting that the non-

compete agreement restrictions were reasonable or necessary.

Last March, the Ohio Supreme Court ruled 4-3 that keeping

your job at an at-will employer, whether a bonus or any other

reward for signing the noncompete agreement was given, was

sufficient to enforce the contract and permitted a lawsuit to

proceed. According to an article in Crain’s ClevelandBusiness (Oct. 4-11, 2004), a typical agreement might impose

a two-year ban on setting up a business or going to work for

a direct competitor within a 50-mile radius.

NATIONAL LEGISLATION

Government Says Overtime Rules are Still in Effect

10/18/04 - There has been some see-sawing whether the new

Fair Labor Standards Act overtime provisions will be official-

ly enforced. The U.S. Department of Labor released the fol-

lowing statement to help eliminate confusion: “The

Department’s new Overtime Security rules remain in effect,

despite congressional efforts to prevent funding for enforce-

ment efforts. These rules guarantee and strengthen overtime

protections for millions of workers including workers earning

less than $23,660 annually, police, fire fighters, other first

responders, hourly workers, blue collar workers, and workers

under a collective bargaining agreement. We will continue to

ensure that overtime protections remain in place so that

workers know their rights and employers know their respon-

sibilities.”

Source: PHCC Online — Oct. 4, 2004, HR News Flash, pub-lished by PHCC benefits partner ADP Screening andSelection Services

HB564 re: overtime law in Ohio was introduced in

November to specify that overtime rules adopted by the US

Secretary of Labor do not apply to employers and employees

who are governed by Ohio’s minimum wage and overtime

law. The bill has not moved since being assigned to House

Commerce and Labor committee.

Retainage: A study published by the Foundation of the

American Subcontractors Association (FASA) concludes that

the practice of retainage, widespread in the construction

industry, “reduces competition and increases the cost of a

project,” inducing general contractors to increase contract

prices by 2.2 percent, and inducing subcontractors to increase

contract prices by 3.6 percent.

HB208 (Young) to decrease the percentage of retainage that

may be withheld for specified public improvement projects

from 8% to a maximum of 2% and limit the use of holding a

retainage to a percentage-based system in the private sector

was introduced in June of 2003, a substitute bill was accepted

in November of 2003. At the urging of subcontractor groups,

action on the bill was lively and on 12/10/04 it was amended

to permit the withholding of retainage on materials that have

been delivered, but not installed. If materials have been

installed and inspected, however, the contractor must be paid

within 20 days. The bill passed the House and must go

through the Senate before becoming law. Details will be

available by the time you read this, so please call the PHCC

office if you are interested. �

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29Winter 2005 • OHIO PHC CONTRACTOR

2930 Switzer Rd., Columbus, OH 43219 Ph: (614) 475-4455 • Fax: (614) 475-777029299 Clemens Rd., Unit 1C, Westlake, OH 45245 Ph: (440) 871-9931 • Fax: (440) 871-12284065 Clough Woods Dr., Suite A, Batavia, OH 45103 Ph: (513) 752-0002 • Fax: (513) 752-4446140 Grover Rd., Ohiopyle, PA 15470 Ph: (724) 329-0465 • Fax: (740) 329-0745

ProSpec SalesManufacturer’s Representatives

Ball Valves, Radiator Valves,Mixing Valves andBoiler Accessories

www.honeywellwatercontrols.com

Radiant Heating andPlumbing Systemswww.rtisystems.com

Residential andCommercial Boilers

www.buderus.net

Electric InstantaneousWater Heaters and

Hand Dryerswww.stiebel-eltron-usa.com

www.prospecsales.com

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30 OHIO PHC CONTRACTOR • Winter 2005

Mike Kolp

J L Kolp Plumbing & Heating330-499-8353Fax: 499-6980975 Penny Street SENorth Canton, OH [email protected]

TreasurerDoug McIntire

McIntire Plumbing330-339-1539Fax: 339-6945842 Cookson Avenue SENew Philadelphia, OH [email protected]

Joseph Schlueter

Schlueter Plumbing Co.513-771-7588Fax: 771-91152533 E. Sharon RoadCincinnati, OH [email protected]

Zone 3Joseph Schlueter

Schlueter Plumbing Co.513-771-7588Fax: 771-91152533 E. Sharon RoadCincinnati, OH [email protected]

PresidentJack Shuman

Shuman, Inc.330-688-2322Fax: 688-3151PO Box 373Munroe Falls, OH [email protected]

Bob Palmer

Portage Plumbing & Heating330-626-3404Fax: 626-54999657 St. Rt. 43Streetsboro, OH [email protected]

Zone 2Mike Waker

Waker Plumbing Inc.937-434-2678Fax: 434-16741760 E. David RoadKettering, OH 45440-1670

Zone 7Dan Powers

Powers Plumbing Service330-920-9861Fax: 920-9861620 James AvenueCuyahoga Falls, OH 44221

Zone 6Richard E. Willkomm

Willkomm & Sons Co.216-486-7633Fax: 486-7633353 Dumbarton AvenueRichmond Heights, OH [email protected]

Vice PresidentWendell Coblentz

Coblentz Plumbing330-877-8989Fax: 877-8525PO Box 884Hartville, OH 44632-8927

President-ElectLiana Driscoll

The Neff Co.330-533-5559Fax: 533-366855 Lisbon StreetCanfield, OH [email protected]

Zone 9Mark Armstrong

Baum Plumbing & Heating Co.330-456-3466Fax: 456-34661012 W Tuscarawas St WCanton, OH 44702 2030

Sandy Pogan, CAEExecutive Manager

Debbie Tittl

Executive Assistant

Zone 8Jim Thornton

Thornton & Son330-793-9768Fax: 793-59141005 N. Meridian RoadYoungstown, OH 44509

Zone 5Bruce Dunkle

Mr. Plumber614-235-8128Fax: 237-83812020 Zettler Rd.Columbus, OH [email protected]

Sarah Shafer

Director of 1st Impressions

PHCC of Ohio 2004 - 2005 OFFICERS & BOARD

TRUSTEES

PHCC OFFICE STAFF

PAST PRESIDENTSADVISORY COMMITTEE

18961 River’s Edge Drive, Chagrin Falls, Ohio 44023 Phone: 800.686.PHCC Fax: 440.543.1699Email: [email protected] Web: www.phccohio.org

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31Winter 2005 • OHIO PHC CONTRACTOR

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Plumbing-Heating-Cooling Contractors of Ohio18961 River’s Edge DriveChagrin Falls, Ohio 44023

PRSRT STDU.S. Postage

PAIDMedford, ORPermit No. 348