“Layton Consulting Fenestration Nerds” By Anton Van Dyk: What is Compliance? A line in the sand or a business strategy
One of Layton Consulting's focuses is to assist manufacturers with their North American compliance strategy. However, I have found that the desired outcome going into this process is often different than what comes out of it. Most focus is on what is required to meet the code, as they entertain the North American markets. However, once they understand the code more, they realize that the code may not be enough to accomplish their business goals for growth.
If you have ever taken a course on the building code or worked closely with building designers, you will know that a home is never designed to code minimum. Just look at the minimum sizes for a bedroom. A King-sized bed will fit, but with only 6” of space around the 3 sides to get around. Doors are another good example as they have a minimum height of 1980mm. For some that might seem okay, but I’m 6’8” tall which is 2032mm. I have a real-life experience getting knocked unconscious and 7 stitches in my head as a result of clipping the head of a door. These are just good examples of how code minimum designs will not provide value to your customers.
When applied to fenestration, 3 definitions come out of this process, which I believe are better at defining compliance, and 3 words that you can use to assist with developing your compliance strategy. They are:
Approval - Like all consumer goods, what good is it if no one wants to buy it? In the construction industry, there are many layers of approvals that a product must go through before it can be used. I generally call these 3rd party influencers. Before the advent of social media, the construction industry already had influencers. By influencers, I mean people who do not use the product but determine whether it gets used. These are Architects, Building Envelope Consultants, General Contractors, Developers and Government Housing Providers. Each one of these influencers will have their own unique expectations of your product that have to be met regardless of what the code says. If you cannot meet their expectations, you will have a tough time being selected.
Enforcement - A common comment I hear from the industry is “We don’t need to worry about that because there is no enforcement”. For some regions and some manufacturers, it has become a strategy to comply only to the level of enforcement, regardless of what the code says. I don’t really agree with this approach, but it is a reality out there. However, there is a big “BUT” to this. It works until it does not. Think of a stretch of highway where everyone always drives 25 Km/hr over the speed limit. You get away with it as there is no radar to enforce it. Until one day a cop shows up. Your defence that there were never cops before is not going to work. So, the lack of enforcement does not give you a path into the future as enforcement tends to be a lag, not a plan. Eventually, it will catch up and when it does, how prepared are you for it? Do you have a backup plan for when a building official does not pass the inspection? My recommendation for poorly enforced regions is to simply do the right thing and when enforcement comes, you are prepared.
Liability – I’m not a fan of this word and don’t really like using it as a guide for a strategy, but I had the privilege to do consulting in the US for a few years as some States had the same leaky condo issues as BC. What I discovered is a developer’s willingness to implement any kind of standard was more focused on the liability they would take versus what the code simply said. In fact, as you travel south from Seattle to San Diego, liability increased. Developers in some cases would implement higher standards the further south you went. It was just a risk versus reward analysis. An example of this for fenestration is when your product meets the code for U-value, but one component is non-thermally broken. The risk is localized condensation. Or you might use a surface 4 LowE as opposed to triple glazing to achieve a certain U-value. That might work in a mild climate like Vancouver but will have issues in Edmonton. So, it's not about meeting a certain U-value anymore, it’s how you achieve that U-value and how the overall product meets a customer's expectation.
So, what is the value of having a compliance strategy that goes beyond just code compliance? Well if you can achieve approval fast and easily, you will have a great sales and marketing strategy. If your product meets and is prepared for future enforcement expectations, you will reduce the stress of your project managers who have to deal with reacting to failed inspections which tend to result in project delays and credits given back. And reducing liability is always a good thing when it comes to reducing your business's operating costs.
So, you can see how a compliance strategy is not just about a line in the sand, it is something that can become part of your overall business strategy as it impacts every aspect of your business.
So where do you start? Think about when you hire an accountant to do your taxes. The first step is they audit all your statements to determine what your steps forward are. So, for your fenestration compliance, step one is to audit your current compliance documents and compare those results with the markets you are selling into. From there we can build a strategy that can help you now and into the future.