6006F Scope Sheet

Scopes Manual

Posted 01 Jun 2008 12:00:01

6006F

PHRASEOLOGY (FL)

MARINE PILE DRIVING, DOCK & SEAWALL, JETTY OR

BREAKWATER, DIKE OR REVETMENT CONSTRUCTION—ALL OPERATIONS TO

COMPLETION & DRIVERS

NAICS Code(s):

(For reference only. Not to be used for classification of risks for workers compensation purposes.)

237990—Other Heavy and Civil Engineering Construction

Description:

Code 6006F includes the construction of jetties, breakwaters, seawalls, groynes, dikes, revetments, etc.

A jetty involves substantially more construction than either a dike or a levee in that it must extend into a

body of water. A jetty will extend from the shore out into the water and will be constructed of heavy

timber cribbing filled with boulders or heavy stones. Frequently a jetty built of stones or boulders will be

topped off with an asphalt surface or with concrete.

Code 6006F includes the construction or repair of wharfs, docks and piers on a body of water. Code

6006F includes floating docks that are attached to these structures, while floating docks used in

boatbuilding or repair are separately rated to the appropriate boatbuilding code. The construction of

groynes (rigid structures built out from a shore to protect the shore from erosion), seawalls, bulkheads,

and jetties or breakwaters including marine pile driving is assignable to this code.

Applies In: Replaced By:

FL Not Applicable

Established: Retained:

July 2006 Not Applicable

Discontinued: NCCI Schedule and Group:

Not Applicable Schedule 26, Group 265

Note:

River work and shoreline construction are included in Code 6006F. The manufacturing of

concrete piles at the job location or the pouring of concrete into hollow steel piles is separately

rated as concrete construction. Caisson or cofferdam work is separately rated as Code 6252—

Shaft Sinking—All Operations. Refer to Code 6004 for land pile driving operations in Florida.

Floating docks used in boatbuilding or repair are separately rated to the appropriate boatbuilding

code.

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Analogy Assignments:

Equipment and Materials:

Special Conditions:

Related Operations Not Classified to Code 6006F:

• Code 6006F is assigned to the wrecking or demolition of piers and wharfs.

• Code 6006F includes carpentry work of decking, railings and boathouses associated with marine

construction projects.

• The construction of docks, seawalls and other similar structures on land prior to installation on

the water is included in Code 6006F. This includes all construction, assembly or prep work

performed at a contractor’s yard prior to installation.

• The construction of a dike as contemplated by Code 6006F involves operations in which an

embankment of earth is thrown up along the edge of the river. The embankment is frequently

paved with loose stone. In addition to the stones, the embankment may be anchored by lumber or

willow mattresses which are laid against the surface of the dike and held down by stone or

piling. Another type of construction involves the building of crib work, which may be filled in

with stone or other types of fill, for the purpose of keeping the embankment in place.

• Revetment work involves a facing or sheathing or woven mattresses of willow, lumber, etc., that

are usually anchored to piles driven a few feet above the mean low water line and extended out

into the river as the work progresses. Ballast stones are placed on the graded dike slope from the

top down into the water's edge. This type of work is performed in the water from work barges

for pile drivers, derrick barges, mat and weaving barges, stone barges, etc.

• Code 6006F is assigned to marine pile driving associated with the construction or repair of

bridges. All other bridge work should be assigned to the appropriate construction classifications.

• Rocks, soil, concrete, asphalt, wood

• Cranes, bulldozers, derricks, barges

• Please refer to Code 5403 for extra-territorial premium determination guidelines that may be

applicable to insureds that have operations outside their headquarters' state.

• Land-based pile driving is assigned to Code 6004 in Florida.

• Structures other than boathouses, decking and railings are assigned to the appropriate

construction classifications (with an ‘F’ load if applicable).

• The manufacturing of concrete piles at the job location or the pouring of concrete into hollow

steel piles is rated as concrete construction.

• Caisson or cofferdam work to be separately rated as Code 6252—Shaft Sinking—All

Operations.

• Diving operations, including deck hands or other “diving tender” support personnel who assist in

diving activities, conducted in conjunction with marine construction are separately rated to the

appropriate diving code.

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6006F- The Mystery of United States Longshore and Harborworkers Act Insurance

by Rick Fender, Chapter Chair Central Florida for the Florida Marine Contractor's Association

For that last several years since the new 6006F workers compensation code was developed by NCCI with help from your Florida Marine Contractor’s Association, I have struggled with who is required to carry the coverage and when the coverage applies. If I am confused about it perhaps some of you are as well. Two of the major problems that I face in the marine construction business are unlicensed activity and un-insured or underinsured activity. Not only are lay persons such as homeowners and business owners unaware of these issues and the exposure to liability that they face but I have found that many city and county governments as well as insurance agents and carriers are unenlightened as well.

My most recent frustration was with an Orange County city that did not require 6006F on a weir/sheet pile and revetment job they had for bid. Their reasoning was that it was on a non-navigable waterway. My mistake was stating to the City that the work required United States Longshore and Harbor Worker’s Act insurance. Then the City called their carrier who said the USL&H was not required. I called the City’s Loss Prevention Department and discussed this with them. They said if I had additional information for them, they would consider it.

I enlisted Kelly White of Kelly White & AssociatesInsurance, LLC who is my insurance agent as well as the Second Vice President of your Florida Marine Contractor’s Association, to clarify this issue and convince the City to require this coverage.

The following is an excerpt from the emails between NCCI Holdings, Inc.’s Regulatory Assurance professional Veruschka Zachtshinsky and Kelly White-

Dear Lori Lovgren, I need some assistance if possible.  I have an insured that is having a difficult time understanding why he is required to carry the 6006F class code for his work and he is losing jobs to other marine contractors insured under 5403 with no F loading or even 8227. Rick Fender has been contacting the various municipalities to discuss the 6006F code prior to bid due dates and continues to run into a brick wall.   He has requested that I forward the below job description to NCCI for a determination as to what code he would need for that job.  He feels he may be the one using the incorrect code. Kelly White

Hello Kelly, I am responding to your email on behalf of Lori. In reviewing the insured’s website and the job description provided in your email, it appears Code 6006F is the appropriate class code.  In Florida, Code 6006F is an all-inclusive code applicable to marine construction such as marine pile driving, dock & seawall, jetty or breakwater, and dike or revetment construction. Code 8227 can be assigned to a permanent yard maintained by the insured for the storage of material or the storage and maintenance of equipment since Code 6006F is a construction code. Veruschka Zachtshinsky

To: Veruschka Zachtshinsky-What if “all” of the work is on non-navigable water? Kelly White, CRIS

Hi Kelly, In Florida, there doesn’t appear to be a distinction. I’ve attached Circular FL-2006-04, which announced the approval of Item 04-FL-2005. This filing discontinued national Code 6003—Pile Driving and Code 6005—Jetty or Breakwater Construction—All Operations to Completion & Drivers. These codes were replaced with state-special Code 6004—Land Pile Driving and Code 6006F. Veruschka Zachtshinsky

Further, Kelly has explained below how the USL&H benefits apply and where the State Act Workers Compensation applies.

Insured’s working on Navigable and Non-Navigable waters are required to insure under the same workers compensation code 6006F which includes the USL&H load.   The code is combined to include USL&H as well as State Act.   Therefore, if an employee is working on non-navigable waters during all of their employment, then the WC company would settle the claim as a State Act exposure.  At that point there would not be any jurisdiction for the Federal requirements and the exemptions would technically be sufficient. 

If however, that same company worked on Non-navigable and navigable waterways, the WC company would have to determine how much time was dedicated to what would be considered subject to USL&H and how much for State Act.  This situation could go either way depending on various circumstances.   If it was determined that the exposure was USL&H then an exemption would not be sufficient, if the worker was an owner of the company that had the exposure. 

The really difficult part of determining who is and isn’t subject to USL&H claims settlement is because every company has different areas they work in.  There are inland lakes that are considered navigable due to being connected by locks or tributaries or quite possibly commercial commerce (boat rental facilities).  The chances of having a company work only on retention ponds and land locked lakes in Florida is in the low percentages at best.  However the staff the insured has maybe assigned duties that do not make them subject to the USL&H so again the claim would be settled as State Act.

Please find the attached 6006F Scope Sheet that gives you more information regarding the coverage you are paying for. I hope this helps all of my fellow legitimate Florida marine contractors in the battle to comply with the law and make an honest dollar.

Orange County Environmental Protection Department’s Environmental Streamlining Task Force

Orange County Mayor Teresa Jacobs has appointed a 9-member task force to review environmental regulations, in an effort to reduce duplication and improve the permitting process. Orange County Environmental Protection Department’s Environmental Streamlining Task Force held a meeting 7-20-11 to review of our Natural Resource ordinances.

FDEP spoke about the SLERP which is the State Lands and Resources Environmental Permit. They explained that they serve the Governor, Secretary, Army Corp, SJRWMD and SFWMD as well as the Board of Trustees of the Internal Resources.

They stated that almost all work on land, wetlands and water bodies requires an Environmental Resource Permit. Some of the projects the review include marinas, docks and seawalls.

The State’s streamlining efforts include giving more exemptions, Noticed General Permits and self certifications. They are becoming more “lean” and are helping applicants to acquire the permits. Their goal is to provide 90% of the permits that they handle within 180 days.

They made fun of the Self Certification process showing a photograph of boathouse in the middle of a lake with the access walkway underwater. They stated that 23% of the Self Certified projects are out of compliance.

Most of the meeting dealt with State agencies and permitting but Orange County did say that in their process of streamlining their permitting, they would consider doing away with duplicate permitting if the State if already permitting an activity.

I, Rick Fender of Fender Marine Construction representing the Florida Marine Contractors Association Central Florida Chapter spoke about the County’s and State’s streamlining efforts. On beneficial planting permits in Orange County, contractors are required to procure a permit from OCEPD and then the same information and plans must be submitted to FMC (Fish and Wildlife Commission) for their permit. The County charges a fee for their permit but the State does not. Further, when we make application with the County for the beneficial planting permits, they contact the State FWC to let them know to contact us for the duplicate permit.

I recommend that all marine contractors and other interested parties attend the next one of the Environmental Streamlining Task Force meetings so that you can understand where they are going and provide your comments on the direction of the Task Force. You can find them at http://www.orangecountyfl.net/YourLocalGovernment/CountyDepartments/CommunityandEnvironmentalServices/EnvironmentalProtectionDivision/EnvironmentalStreamliningTaskForce.aspx.

Rick Fender, Vice President- Fender Marine Construction

Chapter Chairperson- Florida Marine Contractor’s Association