Legislature(2003 - 2004)
05/09/2003 02:10 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 269
"An Act establishing the Safety Code Task Force; and
providing for an effective date."
REPRESENTATIVE NANCY DAHLSTROM, SPONSOR provided information
about the bill. She read from the sponsor statement as
follows:
There are five primary safety codes dealing with
construction in Alaska, all of which are under the
jurisdiction of two different Departments. The Fire,
Building and Mechanical Codes are under the
jurisdiction of the Fire Marshall at the Department of
Public Safety. The Plumbing and Electrical Codes are
governed by the Department of Labor. Each department
is responsible for adopting a family of codes that
bring uniformity and consistency to the construction
industry. However, the current delegation of authority
to the respective departments has caused a set of
conflicts and discrepancies.
The mission of the Safety Code Task Force is to suggest
options for consolidation of our code administration
function. The Task Force will be charged with
presenting recommendations to the legislature by the
first day of the Second Regular Session of the Twenty-
Third Alaska State Legislature.
The Safety Code Task force will consist of 9 members
representing parties affected by the adoption of Safety
Codes in the state. The makeup of the task force is as
follows:
A Senator (Co-Chair) appointed by the Senate
President,
A Representative (Co-Chair) appointed by the
Speaker of the House
A member of administration appointed by the
Governor
The following members are to be appointed jointly by
the Senate President and the Speaker of the House:
Representative of the construction design
community
Representative of the construction engineering
community
Representative for general contractors
Representative for mechanical contractors
Representative for electrical contractors
Representative for plumbing contractors
Additionally, the Governor will appoint an advisory
panel. The makeup of the panel will include
individuals from industry, organizations, and
Government. The purpose of this group is to advise the
Task Force on the effect of any changes in code to
their respective community.
Representative Dahlstrom pointed out that the advisory panel
would include representation from various state agencies.
She maintained that it was her intention to represent a
broad coalition.
Representative Foster observed that the representatives on
the task force did not include someone from the Bush area.
He explained that this area had different needs and
timeframes than urban areas. Representative Dahlstrom
maintained that the task force would be charged with
developing the uniform codes, and not actually performing
the inspections. Representative Foster reiterated that the
codes needed to be adapted for the entire state. Co-Chair
Williams maintained that the task force would address the
kinds of problems raised by Representative Foster.
ZACH WARWICK, STAFF, SENATOR GENE THERIAULT, stated that an
intention for the Task Force was achieving consistent code
requirements. He noted that the transition from the uniform
to the international code was not yet completed. He pointed
out that statute specified that an inspector must be trained
in the uniform code, yet contractors are being told to
operate under international code. He noted that there were
a variety of problems regarding administering codes in
statute and that a goal for the task force was to devise a
working document to address those problems.
Representative Berkowitz asked if, given existing statutory
confusion, the Task Force would then identify the points of
inconsistency in statute and communicate this with the
legislature. Mr. Warwick confirmed that this was one of the
three goals, in addition to suggesting a set of common codes
to adopt, and a method for administering them.
Representative Berkowitz suggested that legal research was
needed rather than a task force and that this might reduce
the cost of the project. Mr. Warwick speculated that the
statutory conflicts were so extensive as to require legal
advice.
Representative Stoltze voiced concern with cost issues. He
observed that many of the representatives had existing state
travel budgets, and that others have financial interest in a
solution. He suggested that private citizens be asked to
pay for their own expenses to participate, rather than be
subsidized by the legislature.
Co-Chair Williams noted that Co-Chair Harris was reviewing
the fiscal notes for possible revisions.
Representative Hawker asked whether this was an essential
service and a way to recover the investment. Representative
Dahlstrom stated that she would entertain an amendment to
the fiscal note allowing those parties to finance their own
travel costs.
Vice-Chair Meyer asked if Section (h), page 3, would need to
be amended, if the fiscal note were changed to zero, since
it states that task force members were entitled to per diem
and travel expenses.
Representative Kerttula noted that some of the
municipalities believe that there should be municipal
members on the task force, in particular a fire prevention
official. She asked if this might be acceptable.
Representative Dahlstrom noted that there had been
discussion on that concern and that it would be acceptable.
The fire official would need to be specified as a fire code
official. She also noted that having a municipal building
inspector would be a good addition.
Co-Chair Harris commented that under the advisory panel
there were a number of individuals, including fire code and
building inspectors, who would suggest recommendations. He
noted that he had carried this bill during other
legislatures, and observed that it was a difficult task to
resolve. He pointed out that both Anchorage and Fairbanks
had voted to accept particular codes, and emphasized the
confusion over how to implement the various codes.
Representative Stoltze referred to Title 29 and asked
whether the term "municipal" was too restricting, preventing
smaller areas from using this tool. He recommended using
the term "local" government instead.
Representative Dahlstrom commented that representation from
around the State was vital, and concurred that the term
"municipality" might be restrictive.
HB 269 was HEARD and HELD for further consideration.
HOUSE BILL NO. 269
"An Act establishing the Safety Code Task Force; and
providing for an effective date."
EUGENE RUTLAND, MECHANICAL CONTRACTORS, FAIRBANKS, testified
via teleconference in support of the bill. He maintained
that regulations needed to be reviewed and revised. He
suggested that the task force would ensure that
recommendations and the code adoption process would have the
broad support of the construction community.
COLIN MAYNARD, APDC, ANCHORAGE, testified via teleconference
in support of the bill. He reviewed the history of the
current national building codes, which were written in 1991
and resulted in a uniform code. He noted that in 2000,
international codes were adopted. He pointed out that the
mechanical contractors organization jointly wrote the
uniform mechanical code, and continue to write this code.
In 2000, the state fire marshal adopted the building fire
mechanical code. The mechanical contractors would prefer to
have the uniform mechanical code written by their
organization and have been trying to overturn the fire
marshal's decision. They have joined forces with the
national fire protection association to write a building
code to compete with the international codes, for a total of
two national codes. He concluded that the reason for the
task force was to examine these two codes and decide which
aspects are most appropriate for the state of Alaska. He
noted that Anchorage and Fairbanks adopted the same code to
align with the state of Alaska. He pointed out that the
makeup of the task force had changed from what had been
recommended. He maintained that not having a building
official on the task force did not provide enough compliance
information, since contractors did not have the oversight of
the code.
Co-Chair Harris asked if there needed to be a municipal
official or if it could simply be a licensed inspector. Mr.
Maynard maintained that an inspector would not provide the
needed perspective. He contended that a municipal building
official was needed.
Co-Chair Harris asked if these officials would have a bias.
Mr. Maynard conceded that this might be the case.
ZACH WARMWICK, STAFF, SENATOR GENE THERRIAULT, noted that
municipal building inspectors were part of the body that
created the international code. He noted that the six
member task force would be appointed by the Senate President
and the Speaker of the House, and pointed out that the
effort was to create a task force which was as non biased as
possible.
Representative Kerttula observed that if there were only
eight people in the state that filled the criteria for being
a municipal building inspector, and asked if it could be
differently termed, since some areas were not
municipalities. Mr. Maynard pointed out that only eight
areas performed the planning that designated a building
official. He noted that smaller areas were under the
jurisdiction of the state fire marshal's office.
Public Testimony concluded.
Representative Kerttula MOVED Amendment #1.
Page 1, after line 6:
Delete "nine"
Insert "eleven"
Page 2, line 3:
Delete "and"
Page 2, line 4:
Delete "."
Insert ","
Page 2, after line 4:
Insert"(G) a municipal building official; and
(H) a municipal fire prevention official."
Page 2, lines 18 & 19:
Delete all text
Co-Chair Harris OBJECTED.
Representative Kerttula MOVED TO AMEND the language: change
"municipal" to "local".
Co-Chair Harris OBJECTED, and MOVED to Amend the AMENDMENT
to read "local building inspector" and "local fire code
official".
Representative Kerttula agreed that this language might be
more specific.
Vice-Chair Meyer questioned whether or not to enlarge the
task force. Representative Dahlstrom confirmed that they
originally included this number and stated that she would
like the list to remain the same.
Representative Stoltze raised concern about the restrictive
nature of the language in the amendment. Co-Chair Harris
pointed out that he was not in favor of the amendment.
Representative Kerttula disagreed with Co-Chair Harris
amendment to the amendment regarding "local building
inspector", based on earlier testimony.
Co-Chair Harris WITHDREW "local building inspector" from his
amendment to the amendment.
Co-Chair Williams OBJECTED to Amendment #1, as amended.
Representative Whitaker expressed support for the amendment.
He referenced his experience on the Fairbanks City Council.
He noted it was cumbersome not to have significant
cooperation between two sides of an issue. He expressed
concern that future problems would occur by not including
all parties on the task force.
Representative Kerttula acknowledged that it would be
helpful to involve building officials in the process.
Representative Dahlstrom reiterated that it was her
preference to keep the original wording in the bill. She
stated, however, that they could work with the amendment.
Co-Chair Williams spoke about his experience with the Fish
Task Force, and noted that eleven members was a large task
force.
Representative Whitaker proposed that the question was not
the number of members, but who was included. He maintained
that the building officials were the ones who would have to
implement the results of the task force ultimately. He
suggested that membership might be restricted to nine if
they included the building officials.
Co-Chair Williams asked where one might remove two members.
Co-Chair Harris suggested that the list would be
overbalanced. He noted that an official who had legal
authority would offset the balance of the task force. He
pointed out that the task force was not creating statute,
but proposing solutions. He noted that the legislature would
ultimately create the law, advised by the task force.
Representative Stoltze proposed that the amendment be
withdrawn since it had been amended extensively. He
suggested that another amendment be created.
There being NO OBJECTION, to the amendment to the amendment
it was so ordered. A roll call vote was taken on the motion
to adopt the amendment as adopted.
IN FAVOR: Berkowitz; Moses; Whitaker; Kerttula
OPPOSED: Hawker; Meyer; Stoltze; Chenault; Foster;
Williams; Harris
The MOTION FAILED (4-8).
Co-Chair Harris referred to the three fiscal notes. Co-
Chair Harris MOVED to zero out Fiscal Note #3 from the
Department of Public Safety. He also MOVED that language
allowing funding for task force travel and per diem be
AMENDED on Page 3, lines 11-13. There being NO OBJECTION, it
was so ordered.
Representative Foster MOVED to report CS HB 269 (FIN) out of
Committee with the accompanying amended fiscal notes.
Representative Berkowitz asked whether it was necessary to
point out that members of the task force were not eligible
for compensation. After some discussion, it was clarified
that it was not necessary to delete the section previously
referenced.
Co-Chair Harris clarified his AMENDMENT on the bill to only
remove the language "but are entitled to per diem and travel
. . . .AS.39.20.180".
After further discussion from Representative Meyer regarding
state compensation, Co-Chair Harris once again MOVED to
delete lines 11 to 13 on page 3. There being NO OBJECTION,
it was so ordered.
Representative Foster MOVED to report CSHB 269 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 269 (FIN) was REPORTED out of Committee with individual
recommendations and three zero fiscal notes: #1 from
Department of Community and Economic Development, and two
new fiscal notes, one from the Legislature and one from the
Department of Public Safety.
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