Legislature(2001 - 2002)

03/15/2002 03:20 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
HB 399-UNIFORM MECHANICAL CODE                                                                                                
HB 436-MECHANICAL CODE                                                                                                        
HB 437-UNIFORM MECHANICAL CODE                                                                                                
                                                                                                                                
                                                                                                                                
CHAIR MURKOWSKI announced  that the next order  of business would                                                               
be to continue  hearing testimony on the  legislation relating to                                                               
the mechanical  code:   HB 399, HB  436, and HB  437.   She noted                                                               
that there are committee substitutes (CS)  for HB 436 and HB 437.                                                               
[The  committee  had previously  adopted  CSHB  399, Version  22-                                                               
LS1461\C, Bannister, 2/20/02.]                                                                                                  
                                                                                                                                
The committee took an at-ease from 3:37 p.m. to 3:39 p.m.                                                                       
                                                                                                                                
Number 0999                                                                                                                     
                                                                                                                                
JOHN KNABE,  Chair, City of  Fairbanks Plumbers  Examining Board;                                                               
Director of Training for Plumbers  and Pipefitters, UA Local 375,                                                               
testified  via teleconference  and  announced his  support of  HB
399, HB 436,  and HB 437.  Mr. Knabe  informed the committee that                                                               
the Fairbanks  Plumbers Examining Board consists  of five members                                                               
who  are  appointed  by  the  mayor and  confirmed  by  the  city                                                               
council.   These members serve  without compensation.   The board                                                               
is  charged  with  conducting examinations  for  the  purpose  of                                                               
determining the  knowledge and competency of  mechanical work and                                                               
issuing   certificates  of   qualification.     Approximately  60                                                               
contractors are certified to perform  mechanical work in the City                                                               
of Fairbanks.  He specified  that examinations are on the Uniform                                                               
Mechanical Code  (UMC) and continue  to be.  Mr.  Knabe mentioned                                                               
that  at the  May  2,  2001, meeting  of  the  City of  Fairbanks                                                               
Plumbers Examining Board a motion  to support adoption of the UMC                                                               
in  lieu  of  the  International Mechanical  Code  (IMC)  carried                                                               
unanimously.                                                                                                                    
                                                                                                                                
MR. KNABE turned  to his perspective as the  Director of Training                                                               
for the Plumbers & Pipefitters.   He highlighted that the City of                                                               
Fairbanks  Plumbers &  Pipefitters Joint  Apprenticeship Training                                                               
Committee has  been training  on the UMC  since statehood.   It's                                                               
estimated that the [Plumbers &  Pipefitters] trust fund will have                                                               
to  spend an  additionally  $50,000 for  retraining  on the  IMC.                                                               
However, this figure  doesn't include the lost  time for everyone                                                               
impacted.  Mr.  Knabe concluded:  "I am very  disappointed at the                                                               
arrogance and lack of respect  for the democratic process by some                                                               
who support the International Codes."                                                                                           
                                                                                                                                
Number 1131                                                                                                                     
                                                                                                                                
LARRY GILFILLAN  testified via teleconference.   He  informed the                                                               
committee that  he began his  career in  plumbing in 1970  and in                                                               
1975  he established  a nonunion  plumbing shop.   Mr.  Gilfillan                                                               
noted that  he has taught  service technicians under  the Uniform                                                               
Plumbing Code (UPC)  and the UMC since he started  in this trade.                                                               
He explained  that when [new]  heating and plumbing  fixtures are                                                               
available  on  the market,  the  UPC  and  UMC make  changes  and                                                               
training  is  available.     He  noted  that   Anchorage  has  an                                                               
International  Association of  Plumbing and  Mechanical Officials                                                               
(IAPMO) which meets monthly in  order to keep everyone abreast of                                                               
the  code  changes  and  reasons  why these  codes  exist.    Mr.                                                               
Gilfillan highlighted that he uses his  UPC and UMC books and the                                                               
two   illustrated  training   manuals   to   train  his   service                                                               
technicians  as  well  as  to  help  explain  the  codes  to  his                                                               
customers.  These  code books are easy to read  and are complete.                                                               
The  service trade  most  often uses  venting  codes, gas  piping                                                               
codes,  and  local  amendments  to the  code.    Therefore,  when                                                               
retrofitting  systems, [the  plumber]  must bring  systems up  to                                                               
present code  and explain  why these codes  must be  followed for                                                               
safety.   Mr.  Gilfillan  pointed out  that in  the  past it  was                                                               
difficult to compete with companies  that didn't follow the codes                                                               
or obtain permits.  However, that  seems to be less difficult now                                                               
because  the  public is  more  aware  and better  informed  about                                                               
issues of  public safety.   "Allowing a less restrictive  code, a                                                               
less  definable code,  because it  takes more  time and  books to                                                               
research  a specific  issue, is  a giant  leap backwards  for the                                                               
State of  Alaska and  its people,"  he said.   He  predicted that                                                               
this  change  in  code  will  impact  the  plumbing  and  heating                                                               
contract  business  now  and  in   the  future.    Mr.  Gilfillan                                                               
expressed concern  that the  plumbing and  heating trade  will be                                                               
overrun with  contractors who will  work with a  less restrictive                                                               
code and take no responsibility  for their actions.  He predicted                                                               
that many  like himself will  be out  of business.   For example,                                                               
the IMC allows  the use of unvented room heaters  by reference to                                                               
the  International  Fuel Gas  Code  (IFGC)  section 301.3,  while                                                               
those  are specifically  prohibited  under section  916.3 of  the                                                               
2000 UMC.   This  is only  one of  many examples  [of compromised                                                               
safety under the IMC].                                                                                                          
                                                                                                                                
Number 1341                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG requested  clarification with  regard to                                                               
the use of [unvented room heaters] under the IMC and the UMC.                                                                   
                                                                                                                                
MR. GILFILLAN  explained that  on the  market there  are unvented                                                               
heaters that rely  on "still switches" to provide  safety for the                                                               
occupants    of   the    home.        Those   "still    switches"                                                               
malfunction.   Therefore,  Mr. Gilfillan  said  he believes  that                                                               
codes requiring  vented heaters  with the  appropriate combustion                                                               
air  and size  vents are  safer and  more restrictive.   Although                                                               
it's more  expensive to run a  vent for these heaters,  it's much                                                               
safer for the public.   Mr. Gilfillan questioned whether unvented                                                               
room heaters would be listed and  tested.  He predicted that such                                                               
would fail  under a less  restrictive code.  In  further response                                                               
to Representative  Rokeberg, Mr. Gilfillan specified  that he was                                                               
present  about half  a day  for the  Municipality of  Anchorage's                                                               
code review.                                                                                                                    
                                                                                                                                
Number 1430                                                                                                                     
                                                                                                                                
COLIN MAYNARD, BBFM Engineers, testified via  teleconference.  He                                                             
informed  the  committee that  he  has  served on  the  Anchorage                                                               
Building  Board  and  has been  involved  in  the  municipality's                                                               
structural footed  (ph) options since  1988.  With regard  to the                                                               
claims  that the  IMC is  a  new code  by an  untried agency,  he                                                               
pointed  out  that  the   International  Conference  of  Building                                                               
Officials (ICBO) is one of  the organizations involved in writing                                                               
the  IMC.   The  ICBO  has  been in  existence  since  1927.   He                                                               
highlighted that the  [ICBO] has written the Uniform  Codes up to                                                               
this point.   Two  other agencies have  been writing  codes since                                                               
1940 and 1950.   The International Code has been  worked on since                                                               
the   early  '90s.     In   fact,  the   chapters  in   the  1994                                                               
[International]   code  were   rearranged  so   that  all   three                                                               
organizations  would be  in alignment.   The  State Fire  Marshal                                                               
should have  introduced technical  legislation in order  to avoid                                                               
this  problem with  the  name change,  which  is essentially  the                                                               
case,  he  said.    The  ICBO wrote  the  Uniform  Code  and  the                                                               
International Code.                                                                                                             
                                                                                                                                
MR. MAYNARD  turned to HB 436,  which he characterized as  a very                                                               
bad  bill.   He  pointed  out that  there  are  no current  codes                                                               
adopted  by  the  American National  Standards  Institute  (ANSI)                                                               
method, including the UMC 2000.   Therefore, if HB 436 is passed,                                                               
there  would be  no code  that the  state could  adopt until  the                                                               
National Fire  Protection Association  (NFPA) completes  the NFPA                                                               
5000 codes.   He said that the NFPA 5000  is an untested building                                                               
code by  an agency that's  never written a building  code before.                                                               
He expressed  concern with  what he  has seen  of the  NFPA 5000.                                                               
For example, [the  NFPA allows] a seven-story  wood building with                                                               
100,000  square feet  to be  built  with separation  walls.   Mr.                                                               
Maynard said that he didn't believe  it's in the best interest of                                                               
the state to go to the NFPA 5000  code.  Mr. Maynard asked if all                                                               
of  the  [code]  agencies  and municipalities  have  to  be  ANSI                                                               
approved since  the codes have to  be ANSI approved.   If that is                                                               
the case, he questioned the cost  and time involved.  Mr. Maynard                                                               
urged the committee  to not pass HB 436 because  it's a method to                                                               
force  the  use  of  the  NFPA and  IAPMO  codes.    Mr.  Maynard                                                               
suggested  that the  proprietary language  be eliminated  from HB
399, HB 437, and the statutes.                                                                                                  
                                                                                                                                
Number 1562                                                                                                                     
                                                                                                                                
MR. MAYNARD,  in response  to Representative  Rokeberg, explained                                                               
that  under the  NFPA  5000 a  seven-story,  100,000 square  foot                                                               
building could  be built from  wood.  Furthermore, the  NFPA 5000                                                               
specified  that if  one-hour separation  walls were  constructed,                                                               
the building could be larger.                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROKEBERG  inquired  as to  whether  the  problems                                                               
revolving around training and those  in the field were considered                                                               
during  the Municipality  of Anchorage's  recent adoption  of the                                                               
IMC.                                                                                                                            
                                                                                                                                
MR. MAYNARD  noted that he  was on the structural  code committee                                                               
and for  [the structural  code] there was  no other  option [than                                                               
the IMC].   However, he  said he  understood that there  had been                                                               
discussion with  regard to  going to  the UMC or  the IMC  in the                                                               
mechanical  committee  and the  plumbing  committee.   Since  the                                                               
state had  already adopted  the UPC,  the UPC  was adopted.   The                                                               
mechanical committee  ultimately went  with the IMC  because it's                                                               
linked  to all  the other  codes that  [could be]  adopted.   Mr.                                                               
Maynard stated that  the mechanical system under one  code or the                                                               
other isn't  much different.   The  basic difference  between the                                                               
codes is  that one, [the  UMC] is very proscriptive,  whereas the                                                               
IMC offers various [choices], which  may be better and cheaper in                                                               
the  long run.    With  regard to  safety,  it  depends upon  the                                                               
provision as to whether  the IMC or the UMC are  safer.  He noted                                                               
that IAPMO  was involved in the  development of the IMC  and thus                                                               
he  said he  couldn't believe  it [was  involved] in  producing a                                                               
code that wouldn't work.                                                                                                        
                                                                                                                                
Number 1691                                                                                                                     
                                                                                                                                
TOM McGEE  testified via teleconference.   He began  by informing                                                               
the  committee that  he has  been  a general  contractor who  has                                                               
specialized  in   the  design  and  construction   of  commercial                                                               
buildings  in  Alaska for  30  years.    Mr. McGee  provided  the                                                               
following testimony:                                                                                                            
                                                                                                                                
     Unlike most contractors that  build whatever designs by                                                                    
     whatever codes the part of  the project they bid on, we                                                                    
     design  the buildings  to suit  our clients'  needs and                                                                    
     budgets.  We  have found that most  often the buildings                                                                    
     designed  under the  IBC [International  Building Code]                                                                    
     allow us to take advantage  of safety features, such as                                                                    
     sprinklers, that  are already a  part of our  design to                                                                    
     lessen the  cost to  our customers.   One example  is a                                                                    
     20,000 square  foot warehouse office  building recently                                                                    
     designed  for  a  relatively small  lot  that  must  be                                                                    
     placed within 10 feet of the  property line.  IBC has a                                                                    
     no  additional cost  to do  so,  UBC [Uniform  Building                                                                    
     Code] adds  $45,000 to  a $1.4 million  job.   UBC also                                                                    
     requires  $8,000 for  fire-rated occupancy  separation,                                                                    
     while  IBC   requires  none  at  the   end  because  of                                                                    
     sprinklers and other safety  features designed into the                                                                    
     building.   HB  436 excludes  the use  of IBC  at great                                                                    
     cost to the people of  Alaska.  Many companies will not                                                                    
     be able  to build new  facilities because they  will be                                                                    
     too  expensive.   Over 50  percent of  the projects  we                                                                    
     price are never built, and price  is a major issue.  If                                                                    
     your purpose  behind these  bills is  to object  to the                                                                    
     method  of adoption  of  the new  code,  please do  not                                                                    
     throw out the baby with the  bath water.  Deal with the                                                                    
     adoption issue;  do not prescribe  a specific  code and                                                                    
     preclude what is,  by most opinions, the  best code for                                                                    
     Alaska  simply because  you do  not like  the means  of                                                                    
     adoption of  that code.   Thousands of hours  have gone                                                                    
     into the review process  statewide and the consensus is                                                                    
     that  International body  of  codes  is ultimately  the                                                                    
     best  body  of codes  available  to  the state  and  is                                                                    
     consistent  with  the  codes  adopted by  most  of  the                                                                    
     nation.   Thirty-seven  states, either  in whole  or in                                                                    
     part, have adopted the IBC.   Why [has] ... HB 399 been                                                                    
     proposed by legislators who have  no idea of which code                                                                    
     is  best for  Alaska nor  do they  know which  approval                                                                    
     process is best,  that's in HB 436.   The code proposed                                                                    
     is one  presented to  legislatures by  the organization                                                                    
     that  developed  that  particular code  and  they  want                                                                    
     exclusive rights  to sell  codes and  related materials                                                                    
     in the  State of Alaska.   Bill HB 399 gives  them this                                                                    
     right at  the expense of  all Alaskans.  The  codes are                                                                    
     not   written   for    the   plumbers   or   mechanical                                                                    
     contractors, their purpose is  to ensure safe buildings                                                                    
     for  people  to  live  and   work  in.    Designers  of                                                                    
     buildings and mechanical systems  have far more contact                                                                    
     with the code than tradesmen.   And it is the designers                                                                    
     who  overwhelmingly support  the new  codes adopted  by                                                                    
     the state  as do many  mechanical contractors.   It may                                                                    
     be that  the legislature is ultimately  responsible for                                                                    
     the  adoption  of building  codes  in  Alaska, then  at                                                                    
     least  adopt a  code determined  by your  officials who                                                                    
     have done their homework to  come up with the best code                                                                    
     for  the people  of  Alaska and  not  those offered  by                                                                    
     special  interests  who  stand  to  profit  from  their                                                                    
     code's adoption,  such as IAPMO  or the plumbers.   The                                                                    
     main idea behind  codes is not to make  money for those                                                                    
     who produce  them or work  with them, it is  to provide                                                                    
     safe, efficient, and economical buildings.                                                                                 
                                                                                                                                
Number 1836                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked  if the 10 foot setback  was due to                                                               
building  material types  or  was  because of  the  type of  door                                                               
structure.                                                                                                                      
                                                                                                                                
MR. McGEE explained  that the 10 foot setback was  because of the                                                               
fire  protection  required on  the  exterior  wall based  on  the                                                               
closeness  to the  property  line.   The  IBC  allows  a 10  foot                                                               
setback  with  no  additional  cost  for  fire  protective  walls                                                               
whereas the UBC requires a 20  foot setback.  Mr. McGee expressed                                                               
the need  to have the flexibility  [of the IBC] due  to the small                                                               
lots that  are used to their  maximum potential.  The  IBC relies                                                               
on sprinklers and other safety features.                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG surmised  then  that under  the IBC  the                                                               
interior  door  systems  wouldn't  have to  have  20-minute  fire                                                               
ratings.                                                                                                                        
                                                                                                                                
MR. McGEE  clarified that under  the IBC, a two-hour  [fire] wall                                                               
would be  required.  Within  the [aforementioned]  building there                                                               
is occupancy separation  that is required and  carries an expense                                                               
under the  UBC whereas the IBC  allows the use of  sprinklers and                                                               
other [safety] features [to meet safety requirements].                                                                          
                                                                                                                                
Number 1918                                                                                                                     
                                                                                                                                
CRAIG HATELY,  Training Coordinator, UA Local  367, testified via                                                               
teleconference.   He  informed  the committee  that  he has  been                                                               
working in  the mechanical  trade for 13  years, and  teaching at                                                               
[UA Local  367] for  seven years.   Upon review  of the  IMC, Mr.                                                               
Hately  said it  was clear  that the  IMC would  be difficult  to                                                               
teach  because of  the excessive  cross  referencing between  the                                                               
IMC,  the other  International  Code books,  and NFPA  documents.                                                               
Furthermore, the entire series of  21 books for the International                                                               
Codes would  have to be purchased.   Purchase of those  books and                                                               
the NFPA documents amounts to over  $600 a set, while the cost of                                                               
the UMC  is $47  and the  UPC is $57.   This  cost for  the [IMC]                                                               
would be a  crippling hit to the training fund.   Furthermore, he                                                               
related  his belief  that the  constant  cross referencing  would                                                               
cost  the contractor  and end  user money.   With  regard to  the                                                               
notion of  using both codes,  Mr. Hately  viewed that as  an even                                                               
larger problem.   Mr. Hately said that he is  also opposed to the                                                               
IMC due  to the disclaimer  in all the International  Code books.                                                               
This  disclaimer  says that  "they"  don't  accept any  liability                                                               
resulting from the  compliance with the provisions.   He returned                                                               
to the  earlier example involving  the unvented room  heaters and                                                               
recalled the Iditarod mushers who  became sick after they were in                                                               
tents  with unvented  room heaters.   Mr.  Hately echoed  earlier                                                               
testimony with regard to the need  for the IFGC to be utilized in                                                               
order to  comply with the  IMC, and  pointed out that  [the IFGC]                                                               
conflicts with the UPC, which has  been adopted by the state.  In                                                               
conclusion,  Mr.  Hately  expressed   his  strong  opposition  to                                                               
adoption of the IMC.                                                                                                            
                                                                                                                                
Number 2051                                                                                                                     
                                                                                                                                
DICK   CATTANACH,   Executive    Director,   Associated   General                                                               
Contractors (AGC),  testified via teleconference.   He noted that                                                               
the  committee should  have received  his  testimony dated  March                                                               
12th.    Mr. Cattanach  informed  the  committee that  this  code                                                               
change is an issue in which  the AGC hasn't been involved because                                                               
the adoption of the International  Code by the State Fire Marshal                                                               
occurred  without  AGC's  direct  involvement.   The  AGC  didn't                                                               
become too involved  until the hearings were held,  and after the                                                               
hearings, AGC wasn't too involved  because the [IMC] was adopted.                                                               
Now there is  the legislation before the  committee, which caused                                                               
AGC  to  form a  committee  to  review  [the legislation].    Mr.                                                               
Cattanach  said  that  AGC  is   concerned  with  regard  to  the                                                               
liability  that Representative  McGuire  spoke of  [at the  prior                                                               
hearing].  "We think it's unfair  for the state to be involved in                                                               
something  that basically  fosters  additional  liability on  the                                                               
design  community   [and]  on  the  construction   community  for                                                               
something that may,  in fact, be declared  illegally adopted," he                                                               
said.  The  private sector shouldn't be left  with that potential                                                               
liability.   Mr.  Cattanach emphasized  that  AGC would  strongly                                                               
support  any code  that would  reduce the  cost of  construction,                                                               
whatever the code.  He related  that the AGC feels that there are                                                               
many positives with the IBC.                                                                                                    
                                                                                                                                
MR. CATTANACH turned to the  [notion] of the consolidation of the                                                               
building  and  construction codes.    "We  should make,  in  this                                                               
state, a concerted effort to try  to consolidate some of this and                                                               
come up with a process that's going  to make a lot more sense for                                                               
dealing  with  the building  and  construction  codes," he  said.                                                               
With regard to the issue  of training, Mr. Cattanach related that                                                               
it's  a serious  concern  for everyone.    The current  situation                                                               
under which trades people have to  be trained under both codes is                                                               
difficult.   Furthermore, there really  isn't a  training program                                                               
to  deal  with  the  International  Code.   At  this  point,  Mr.                                                               
Cattanach  indicated that  when  the questions  [outlined in  his                                                               
letter]  are  answered perhaps  a  resolution  will result.    He                                                               
expressed the need  for the rhetoric from both sides  to be toned                                                               
down in  order to find a  resolution that's in the  best interest                                                               
of the state, and the AGC is happy to work with others to do so.                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG  related   his  understanding  that  Mr.                                                               
Cattanach  agreed  with a  consolidated  port  authority for  the                                                               
state.                                                                                                                          
                                                                                                                                
MR. CATTANACH  confirmed his agreement  with a  consolidated port                                                               
authority for the state.   He agreed with Representative Rokeberg                                                               
that  the current  situation in  which there  are eight  separate                                                               
departments  that  are  involved   with  the  building  codes  is                                                               
confusing.                                                                                                                      
                                                                                                                                
Number 2232                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  expressed the  need for  the legislature                                                               
to maintain  the ability to  adopt a  specific code, but  not the                                                               
code  cycles.   Then the  authority  needs to  remain within  one                                                               
agency in order to do so.   He asked if Mr. Cattanach agreed with                                                               
that concept.                                                                                                                   
                                                                                                                                
MR. CATTANACH said,  "I don't know that the  legislature wants to                                                               
be in  the position of adopting  a code."  He  indicated the need                                                               
to rely on the people in the administration.                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  interjected that such was  the situation                                                               
with the Department of Public Safety (DPS).                                                                                     
                                                                                                                                
MR. CATTANACH  acknowledged that.   Although he agreed  that this                                                               
issue must  be reviewed, he  didn't believe that  the legislature                                                               
wanted to be involved in  adopting the code and determining which                                                               
code is appropriate.  The legislature  will have to look to those                                                               
actually doing the construction.                                                                                                
                                                                                                                                
REPRESENTATIVE   ROKEBERG   recalled   Representative   McGuire's                                                               
testimony with regard to the separation of powers issue.                                                                        
                                                                                                                                
Number 2287                                                                                                                     
                                                                                                                                
JONATHAN STEELE,  Architect, testified  via teleconference.   Mr.                                                               
Steele informed  the committee that  he has been working  in this                                                               
profession in  Alaska since  1979.  [Since  1979] Mr.  Steele has                                                               
dealt  with six  editions  to the  codes, which  is  part of  his                                                               
continuing  education  as  a  designer.     He  acknowledged  the                                                               
importance of training and expressed  his belief that the onus is                                                               
on  those in  the design  and  trade professions  to be  updating                                                               
themselves  with training  and  new codes  as  they are  adopted.                                                               
Having said  that Mr. Steele  pointed out that  the International                                                               
Codes represent a long term effort  over the last ten years.  The                                                               
International  Codes  is based  on  a  goal of  consolidation  of                                                               
differing codes in  the United States, which the  2000 edition of                                                               
the International  Codes illustrates.   Mr. Steele  announced his                                                               
support of  the International  Codes, which he  believes to  be a                                                               
coordinated code.   Without the International Codes,  there is no                                                               
building code for Alaska, he noted.                                                                                             
                                                                                                                                
TAPE 02-35, SIDE B                                                                                                              
                                                                                                                                
MR. STEELE mentioned that he  participated in the adoption of the                                                               
International  Codes, specifically  the International  Fire Code.                                                               
The  process   has  been  public  and   involved  trades  people,                                                               
designers,  code consultants,  various code  [organizations], and                                                               
individuals.   The  process has  reached the  point at  which the                                                               
public hearing and  testimony has come before  the [MOA] building                                                               
board  and  is  awaiting  deliberation  by  the  assembly.    The                                                               
decision of  the state  to adopt the  International Code  will be                                                               
pivotal [in the  assembly's deliberation].  In  summary, there is                                                               
a process in which there was input  and to date the output of the                                                               
process  has   been  supportive   of  the   International  Codes.                                                               
Therefore,  Mr.  Steele urged  the  committee  to stay  with  the                                                               
adoption of the International Codes.                                                                                            
                                                                                                                                
Number 2337                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG inquired  as to  how long  the Anchorage                                                               
code review process has been ongoing for this cycle.                                                                            
                                                                                                                                
MR.  STEELE  estimated  that  for  the  2001  codes  the  ongoing                                                               
meetings have  been occurring  for a  good portion  of 2001.   He                                                               
explained that  the process has  been to assemble  the documents,                                                               
the  formation of  the committees,  and ongoing  regular meetings                                                               
during which the committees discuss  suggestions.  Each committee                                                               
reached a  vote on  final amendments,  which, once  adopted, were                                                               
presented  to the  building board.   There  was a  public hearing                                                               
process  at  the  building  board  level.    The  building  board                                                               
supported the  amended International  Code, which is  now waiting                                                               
to  begin  the  municipal  assembly public  hearing  process  and                                                               
adoption.                                                                                                                       
                                                                                                                                
Number 2279                                                                                                                     
                                                                                                                                
JOHN  McCOOL,  Architect,  testified   via  teleconference.    He                                                               
informed the  committee that he  has been a  practicing architect                                                               
in Alaska for over 25 years.   He stressed the need for a single,                                                               
coordinated family  of building codes.   Therefore, he  said that                                                               
HB 399, HB 436, and HB  437 shouldn't be passed with reference to                                                               
proprietary codes.   Mr. McCool  pointed out that IAPMO  and ANSI                                                               
are pieces  of a  code that  don't receive  input from  [DPS] and                                                               
haven't been  coordinated with  the IBC.   The  "Uniform Building                                                               
Code"  ceased  in  1997  when  it  was  published.    Mr.  McCool                                                               
explained  that about  20 years  ago building  codes became  more                                                               
complex  and  thus  the  development  of  associated  codes  that                                                               
coordinated with a basic building  code began.  The UBC published                                                               
under the  ICBO started the  name [Uniform Building Code].   This                                                               
building  code  includes  references  to ANSI  and  the  American                                                               
Society for Testing  Materials (ASTM).  Every  three years, these                                                               
model codes  went through  a cycle in  which the  fire, plumbing,                                                               
and  mechanical   code  coordinated  by  cross   referencing  the                                                               
building code.   This  was referred  to as the  UBC or  family of                                                               
codes.   For example,  when determining  the type  of ventilation                                                               
required  in  a  boiler  room,   the  building  code  drives  the                                                               
requirement  and the  mechanical and  fire codes  cross reference                                                               
that requirement.  In 1997 when  the last building code, the UBC,                                                               
was published,  the ICBO  group that  formerly published  the UBC                                                               
started the  IBC, which is  a family of  codes and uses  the same                                                               
terms and formats  as the UBC.  However, IAPMO  is publishing the                                                               
UMC and  UPC, which  don't have the  input and  coordination with                                                               
the  model code  groups.   In summary,  Mr. McCool  expressed the                                                               
need to  place the code in  a single place whether  by statute or                                                               
regulation  and have  the regulations  for architects,  plumbers,                                                               
and mechanical administrators  in another place that  refers to a                                                               
single code.                                                                                                                    
                                                                                                                                
Number 2140                                                                                                                     
                                                                                                                                
PAT  KROCHINA,  Architect,  Krochina  Architects,  testified  via                                                               
teleconference.   He  informed  the committee  that  he has  been                                                               
practicing in  Anchorage since 1977.   He noted that he  has been                                                               
involved with  the code since 1982,  and during that time  he has                                                               
represented  the American  Institute  of Architects  (AIA).   The                                                               
[AIA's] goal has  been to develop a consolidated code  book and a                                                               
more   simplified   process   [for  construction].      He   said                                                               
consolidating the codes  is quite the process  because it becomes                                                               
a turf war between the  various entities.  Mr. Krochina explained                                                               
that  in 1992  the ICBO  decided  to consolidate  with the  three                                                               
major code  groups in the  country.  With that  consolidation the                                                               
additional [codes], such  as the fire code,  the mechanical code,                                                               
et cetera,  were brought in.   Although  the UMC decided  to pull                                                               
out  of  that  process  in   1994,  the  [consolidation  efforts]                                                               
continued.   Therefore,  [the  International  Codes] aren't  new.                                                               
Furthermore, Mr. Krochina  said that he has  volunteered his time                                                               
and every  committee he has been  involved with has been  open to                                                               
[hearing  from  all  interested  parties]  such  as  the  trades,                                                               
architects   and  engineers,   the  construction   industry,  the                                                               
building industry,  vendors, building officials, et  cetera.  Mr.                                                               
Krochina highlighted that  this code has been worked  on for over                                                               
three years with  numerous public hearings.  There  have been ten                                                               
code  review committees  that have  [met] for  2,500 hours.   Mr.                                                               
Krochina stressed  that this  process has been  an open  and fair                                                               
process.                                                                                                                        
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
RON  WATTS, Alaska  Professional  Design  Council, testified  via                                                               
teleconference.    The council  is  made  up of  10  professional                                                               
organizations with approximately 1,500 members.   He noted he has                                                               
30 years  of experience in the  code and building process  at the                                                               
local,  state,  and  national  level.   Mr.  Watts  provided  the                                                               
following testimony:                                                                                                            
                                                                                                                                
     Now out of all this  controversy we're hearing over the                                                                    
     mechanical code, there is a  win-win situation.  As far                                                                    
     as we're  concerned, if the legislature  just went back                                                                    
     and took the proprietary language  out of these bills -                                                                    
     in fact it should be done  out of all statutes - and go                                                                    
     to the  functional code descriptions,  we would  not be                                                                    
     in  the predicament  that we're  in today.   And  if we                                                                    
     continue down  this road  we're going  to be  back next                                                                    
     year and the following year and the year after.                                                                            
                                                                                                                                
MR. WATTS  turned to  the legislation before  the committee.   He                                                               
predicted that  these pieces of legislation  will merely compound                                                               
the  code adoption  process and  the problems  it involves.   "We                                                               
don't feel that this is the  best solution to try to resolve this                                                               
mechanical  code issue  or the  other  code issues  that this  is                                                               
going  to consist  of  or entail,"  he said.    Mr. Watts  echoed                                                               
earlier  testimony  with  regard  to how  the  Uniform  Code  was                                                               
specified in statute.  He  specified that there were 15 different                                                               
uniform codes  that were  used in the  Western United  States and                                                               
Alaska.  Consequently, the general  reference to the Uniform Code                                                               
was placed in statute  as a matter of course.   He said he didn't                                                               
believe it  was the intent  of the  legislature to [refer  to the                                                               
"Uniform Code"]  in order to  eliminate the consideration  of any                                                               
other  code.    Furthermore,  there   are  basically  only  three                                                               
remnants of the  Uniform Code.  The simple solution  to HB 399 is                                                               
to return to the general code reference language.                                                                               
                                                                                                                                
MR. WATTS  focused on HB 436  and pointed out that  it includes a                                                               
subtle requirement  that state and  local jurisdictions  can only                                                               
adopt by special  ANSI consensus standard process.   However, for                                                               
over  50  years the  Uniform  Codes  were  all [adopted]  by  the                                                               
governmental  consensus process.   House  Bill 436  would exclude                                                               
all  other  approved  codes and/or  nationally  recognized  codes                                                               
other than  those adopted by  the ANSI  process.  Mr.  Watts said                                                               
that there  are many  similarities between  the ANSI  process and                                                               
the  governmental  consensus  process  until the  final  vote  is                                                               
taken.   For  ANSI,  the final  vote is  taken  from the  general                                                               
membership and anyone can become a  member and vote.  He informed                                                               
the committee that  there is an appeal occurring  now with regard                                                               
to  standards  "1710  and  1720"  because  those  supporting  the                                                               
aforementioned  standards   bused  in  folks  to   support  their                                                               
position.  However, under the  governmental consensus process the                                                               
final vote  is taken  from the local  jurisdictions that  have no                                                               
vested interest in  the outcome.  Mr. Watts remarked  that HB 437                                                               
is basically  a reiteration of  HB 436.   He pointed out  that HB
437 contains a  paragraph that specifies that  a generic building                                                               
code  could be  adopted.   If the  building code  can be  adopted                                                               
generically, then why can't it  be done throughout all the codes,                                                               
he questioned.                                                                                                                  
                                                                                                                                
Number 1767                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  whether Mr.  Watts believes  that                                                               
the state should have a consistent uniform code.                                                                                
                                                                                                                                
MR.  WATTS  echoed  earlier testimony  regarding  the  effort  to                                                               
consolidate the codes  that fell through due to turf  issues.  He                                                               
indicated  agreement  with the  need  for  consolidation with  an                                                               
umbrella  organization under  which all  the local  jurisdictions                                                               
would  fall.  Mr.  Watts  opined   that  all  references  to  the                                                               
International Code  and the  Uniform Code,  the IAPMO,  the ICBO,                                                               
and  the ICC  should  be  eliminated.   However,  he related  his                                                               
belief  that there  should be  a nationally  recognized building,                                                               
plumbing, and electrical codes.                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG  expressed concern that if  there isn't a                                                               
stipulated code  or if the  state defers  to an agency  to select                                                               
the code, there  [won't] be conformity throughout the  state.  He                                                               
asked  if  Mr.  Watts  agreed   with  a  standard  building  code                                                               
throughout the state.                                                                                                           
                                                                                                                                
MR.  WATTS  replied yes.    Having  these pieces  of  legislation                                                               
illustrates  the problem  within the  state departments,  that is                                                               
the fragmentation with departments adopting different codes or                                                                  
portions of a code.                                                                                                             
                                                                                                                                
Number 1627                                                                                                                     
                                                                                                                                
ROBERT BUCH, Member, UA Local  367, testified via teleconference.                                                               
He  informed  the  committee  that   he  has  over  20  years  of                                                               
construction   and   building   heating   ventilating   and   air                                                               
conditioning experience.  He also  informed the committee that he                                                               
is also a  certified plumber in the State of  Alaska and the MOA.                                                               
Mr. Buch provided the following testimony:                                                                                      
                                                                                                                                
     In looking  into what has  occurred regarding  the code                                                                    
     accepting discussions  we find:  Number  one, that some                                                                    
     of a  body of codes has  been accepted by a  portion of                                                                    
     the state regulatory agency.   And two, the adoption is                                                                    
     incomplete  [and]  has  caused confusion  and  possible                                                                    
     liability.   If  we are  to undertake  significant code                                                                    
     adoption, then all involved  should have access through                                                                    
     due process.  Up until  recently, the agenda to promote                                                                    
     these  changes has  not been  conducted to  convention.                                                                    
     Use  shifts   involving  the  standards   for  building                                                                    
     construction  in the  State of  Alaska require  careful                                                                    
     consideration by  all concerned with  public processes,                                                                    
     not  by   one-sided  committees  with   an  established                                                                    
     agenda.    I  witnessed  one example  at  the  building                                                                    
     board's  meeting October  18th last  year in  Anchorage                                                                    
     where  unanimous  support  for the  Uniform  Mechanical                                                                    
     Code  was  ignored and  the  other  code was  promoted.                                                                    
     What good  did it do  to have a committee?   Currently,                                                                    
     the Municipality of Anchorage  has at least seven major                                                                    
     construction projects  finished or near  completion ...                                                                    
     using the  International Codes as  design basis.   This                                                                    
     means implementation  of these  codes took  place prior                                                                    
     to  acceptance  through  regulations, which  implies  a                                                                    
     liability as discussed in a  letter from the Associated                                                                    
     General Contractors of  Alaska ....  On page  2 [of the                                                                    
     AGC  letter],  he asks:    "What  happens to  buildings                                                                    
     constructed under  a code illegally  accepted?   Who is                                                                    
     responsible  for retrofitting  such  buildings to  make                                                                    
     them code compliant?  Because  of the implementation of                                                                    
     this code, does the  legal liability accrue to innocent                                                                    
     parties  involved in  the construction  process?"   ...                                                                    
     There's  some 500  businesses in  the  State of  Alaska                                                                    
     that ...  are involved with the  construction industry.                                                                    
     This  is  not  a   union-nonunion  issue,  this  is  an                                                                    
     industry issue.   We're concerned  with the  health and                                                                    
     safety issues.   And I'd  also like  to refer you  to a                                                                    
     comparison  between  2000  Uniform Code  and  the  2000                                                                    
     International  [Code] ....    On page  4  it states  in                                                                    
     conclusion,  "As  indicated  above  there  are  several                                                                    
     major  differences between  the 2000  UMC and  the 2000                                                                    
     IMC.   Those code  users currently  using the  1997 UMC                                                                    
     ... will find it a  relatively smooth transition to the                                                                    
     2000  UMC in  comparison to  adopting the  IMC.   It is                                                                    
     clear from  comparing the  size of  the two  books that                                                                    
     the UMC  [2000] is  significantly more  prescriptive in                                                                    
     its approach,  a philosophy that  has been  utilized in                                                                    
     the development of the Uniform  codes.  This philosophy                                                                    
     is evident  in the  fact that  the 2000  UMC reproduces                                                                    
     important standards in  the code for ease  of use while                                                                    
     the   IMC   only   references  them.      Jurisdictions                                                                    
     considering adoption of one or  the other document need                                                                    
     to examine these differences  and consider their impact                                                                    
     on the health  and safety of the  communities that they                                                                    
     serve."   The requirements  of references  alone become                                                                    
     expensive and excessive  in number.  Now,  I think it's                                                                    
     rather presumptive  to say that  these codes  are going                                                                    
     to  be adopted.    They're only  adopted  in 15  states                                                                    
     nationwide.     And  the  International  Code   is  not                                                                    
     international,  it's   only  accepted  in   the  United                                                                    
     States.     Whereas  the  other   code  is   an  actual                                                                    
     international code.  Thank you for your time.                                                                              
                                                                                                                                
Number 1424                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO said he understood  Mr. Buch's testimony to                                                               
be that only 15 states have adopted the International Codes.                                                                    
                                                                                                                                
MR. BUCH replied yes.                                                                                                           
                                                                                                                                
REPRESENTATIVE HALCRO  pointed out that  he has a  document dated                                                               
January 17, 2002, that specifies  that 37 states have adopted the                                                               
IMC  and 21  of those  states have  adopted five  or more  of the                                                               
books.   Representative  Halcro surmised  that [a  state] doesn't                                                               
have to  adopt all  eight books  of the  International Code.   He                                                               
asked if that is correct.                                                                                                       
                                                                                                                                
MR. BUCH explained that it would  depend upon the agencies in the                                                               
state.   He pointed out  that the  other states also  [must take]                                                               
into consideration municipal areas as well.                                                                                     
                                                                                                                                
Number 1368                                                                                                                     
                                                                                                                                
JIM FERGUSSON  testified via  teleconference.   He noted  that he                                                               
has over 30  years of experience in the industry.   Mr. Fergusson                                                               
characterized the situation  in which a code is  adopted and then                                                               
found  to be  illegal  as a  train wreck.    He highlighted  what                                                               
happened with asbestos in this  country.  Mr. Fergusson expressed                                                               
the need  to look  into the  future with  regard to  solving this                                                               
problem.   Therefore, he recommended  that the  legislature adopt                                                               
both  codes  for  one  year   [to  be  used]  at  the  designer's                                                               
discretion.  Such  a situation would determine  whether the State                                                               
Fire Marshal's  actions were legal  or illegal.   Furthermore, it                                                               
would provide the  industry with the time to review  the code and                                                               
answer  the  questions.    Mr.   Fergusson  recalled  an  earlier                                                               
question with regard  to whether the legislature  or the industry                                                               
should  study  the  code.    After  listening  to  everyone,  Mr.                                                               
Fergusson  said  he  didn't  believe   that  the  legislature  is                                                               
knowledgeable  enough  to  answer   the  question  nor  does  the                                                               
legislature have  the time.   Therefore, he recommended  that the                                                               
legislature combine all  eight departments in order  that the one                                                               
combined entity  would handle the  code.  "Let  the professionals                                                               
figure out which code to adopt," he suggested.                                                                                  
                                                                                                                                
Number 1193                                                                                                                     
                                                                                                                                
HENRY KIM,  HDK Company, testified via  teleconference in support                                                               
of  the  International  Codes.    The  International  Codes  were                                                               
developed  in order  to consolidate  three national  code bodies.                                                               
That  consolidation resulted  in  a simple,  model building  code                                                               
that encompasses  building, mechanical, and fire  [codes].  These                                                               
codes  are  complimentary and  present  some  new technology  and                                                               
opportunities to  use engineering  methods to  solve installation                                                               
problems  rather than  a prescriptive  installation  matrix.   In                                                               
regard to the  impact of switching to a new  mechanical code, Mr.                                                               
Kim related  his belief that learning  the nuances of a  new code                                                               
is  part of  professional development  and continuing  education.                                                               
During his more than 27 years  experience with the codes, Mr. Kim                                                               
said that he regularly has to  spend a considerable amount of his                                                               
time training with  regard to new code editions  that occur every                                                               
three years.   "To me, it's  kind of inconceivable that  we could                                                               
have  a consolidated  set of  building  codes and  then have  one                                                               
offshoot where the  mechanical portion does not mesh  at all with                                                               
the other editions  that have been published," he said.   Mr. Kim                                                               
expressed his  disappointment at  being present today  because he                                                               
felt  that  the  process  was  proper.    "We're  passing  up  an                                                               
opportunity  to embrace  a set  of  codes that  do function  well                                                               
together  and present  the design  team with  the opportunity  to                                                               
have a  consolidated design  effort and  use the  best technology                                                               
that's available," he remarked.                                                                                                 
                                                                                                                                
Number 1044                                                                                                                     
                                                                                                                                
JOE GELDHOF,  Mechanical Contractors  of Alaska,  first addressed                                                               
CSHB   399,   Version  C,   which   basically   deals  with   the                                                               
legislature's law-making  power.   Mr. Geldhof stressed  the need                                                               
for the  legislature to protect  its law-making powers  under the                                                               
Alaska  Constitution.   The  CS for  HB 436  attempts  to take  a                                                               
longer  range  view  and  adopts the  ANSI  standards,  which  he                                                               
characterized as purely  procedural.  He said it's  a policy call                                                               
for  the legislature.   Furthermore,  the rhetoric  that no  code                                                               
will be able  to adopt [the ANSI standards] isn't  true given the                                                               
effective  date.    Mr.  Geldhof remarked  that  it's  worth  the                                                               
committee's consideration  to adopt the ANSI  procedural adoption                                                               
standards,  which  basically  call for  fairness,  openness,  and                                                               
participation  by everyone.    Mr. Geldhof  turned  to CSHB  437,                                                               
which attempts  to craft a solution  such that the status  quo is                                                               
maintained with  respect to the  mechanical code.   The practical                                                               
reality  is that  everyone  in  the trade  is  putting things  in                                                               
according the UMC and that will  continue even if the decision is                                                               
to go  to the  IMC now.   Therefore,  [CS]HB 437  would basically                                                               
absolve MOA's [potential  liability] problem due to its  use of a                                                               
code that wasn't adopted by  ordinance or acceptable according to                                                               
statute.  In conclusion, Mr.  Geldhof urged the committee to pass                                                               
CSHB 399, consider moving out CSHB  437, and consider CSHB 436 as                                                               
a long-range solution.                                                                                                          
                                                                                                                                
Number 0780                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI  asked whether  the problem  would get  better or                                                               
become  more complicated  if this  issue was  put on  hold for  a                                                               
while.                                                                                                                          
                                                                                                                                
MR. GELDHOF said  that not dealing with the issue  will result in                                                               
difficulties.  He  said that the better solution is  to pass CSHB
437 and study [the  issue].  If a year or two  is taken to answer                                                               
all  the questions  brought by  Mr. Cattanach,  everyone will  be                                                               
better  served.   The "do  nothing"  option is  unpleasant.   Mr.                                                               
Geldhof suggested that passage of  CSHB 399 would result in those                                                               
in  the  administration  reviewing   the  situation  and  perhaps                                                               
reconciling the  differences between  the statutes for  AHFC, the                                                               
State Fire Marshal, and the Division of Occupational Licensing.                                                                 
                                                                                                                                
Number 0631                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  asked  what happens  to  those  buildings                                                               
constructed under a code that was illegally adopted.                                                                            
                                                                                                                                
MR.  GELDHOF  began  by  saying  that he  wasn't  sure  he  would                                                               
characterize  the  situation  as  one   in  which  the  code  was                                                               
illegally  adopted.   Mr.  Geldhof related  his  belief that  MOA                                                               
didn't have  ordinance authority allowing  for the IMC  and there                                                               
certainly wasn't any  state provision.  He said  he believes that                                                               
people were using  the International Code prior  to regulatory or                                                               
statutory   authorization,  which   was  a   concern  for   some.                                                               
Therefore,  he  suggested that  any  project  started under  [the                                                               
International Code]  is acceptable, but starting  this summer the                                                               
UMC will be used [until] its  sunset in two years [during which a                                                               
solution could  be developed].   He characterized such  action as                                                               
providing   comfort  and   perhaps   making   the  builders   and                                                               
municipality "bullet proof."                                                                                                    
                                                                                                                                
Number 0491                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG related  his understanding  that MOA  is                                                               
waiting  for the  assembly to  adopt  the latest  recommendations                                                               
from  the   building  board  with   regard  to  the   new  cycle.                                                               
Therefore, he surmised  that there should've been  no building in                                                               
the Anchorage area [under the International Codes].                                                                             
                                                                                                                                
MR. GELDHOF clarified that he  understood that for large projects                                                               
there   was   a  custom   arrangement   [allowing   use  of   the                                                               
International Code]  because the  design professionals  liked it.                                                               
He  related his  understood that  the State  Fire Marshal  has to                                                               
sign-off on these projects.   He informed the committee that some                                                               
have  argued that  such situations  occurred  up until  September                                                               
15th without  the proper authority.   Therefore, MOA's  mayor has                                                               
expressed the need  to resolve the situation, which  gave rise to                                                               
CSHB 437.                                                                                                                       
                                                                                                                                
Number 0301                                                                                                                     
                                                                                                                                
MR.  WATTS indicated  agreement  that MOA  has approved  projects                                                               
under the  International Code prior  to the  assembly's adoption.                                                               
Mr.   Watts   explained  that   with   the   assistance  of   the                                                               
architectural, engineering, and  construction community approving                                                               
projects with  an alternate means  of design and  construction is                                                               
permissible under the codes.                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  inquired  as  to  whether  there  is  a                                                               
question about the  legal ability to do  the aforementioned under                                                               
the existing codes.                                                                                                             
                                                                                                                                
MR. WATTS said  that it's a provision under  the existing adopted                                                               
codes.                                                                                                                          
                                                                                                                                
MR. GELDHOF  reiterated the need  for the legislature  to protect                                                               
its law-making powers  by acting on CSHB 399 as  well as consider                                                               
the merits of HB 437.                                                                                                           
                                                                                                                                
Number 0059                                                                                                                     
                                                                                                                                
WILLIAM  RUSSELL, President,  Local ICBO  Chapter, testified  via                                                               
teleconference.   Mr.  Russell said  that the  Uniform Codes  are                                                               
good codes.   To say  that the  International Codes are  any less                                                               
safe is  an incorrect  statement, he  said.   With regard  to the                                                               
ANSI standards, Mr.  Russell said it would, in a  sense, create a                                                               
proprietary code with which he disagrees.                                                                                       
                                                                                                                                
TAPE 02-36, SIDE A                                                                                                              
                                                                                                                                
MR.  RUSSELL said  that voting  in the  ANSI process  has created                                                               
problems.  Furthermore,  no current code meets  the ANSI process.                                                               
Mr. Russell  informed the committee that  local amendments, which                                                               
address specific  concerns in  local jurisdictions,  are commonly                                                               
done  for the  Uniform  Codes  and that  will  continue with  the                                                               
International  Codes.   The  residential  code  seems to  be  the                                                               
largest  area of  concern.   He  related  that the  International                                                               
Residential Code (IRC) is designed  to be a very prescriptive and                                                               
all-encompassing document.   He said he feels that  the IRC would                                                               
address the concerns brought forth  by the industry.  In response                                                               
to Representative  Rokeberg, Mr. Russell confirmed  that there is                                                               
an International  Building Code and an  International Residential                                                               
Building Code.  He explained  that his testimony illustrates that                                                               
within  the family  of International  Codes, there  are documents                                                               
that could  address specific  concerns.   In further  response to                                                               
Representative Rokeberg,  Mr. Russell  confirmed that  before the                                                               
International  Codes came  on the  scene there  was just  the UBC                                                               
that related to residential construction.                                                                                       
                                                                                                                                
Number 0231                                                                                                                     
                                                                                                                                
STEVE  SHUTTLEWORTH,   Building  Official,  City   of  Fairbanks,                                                               
testified via  teleconference.  Mr.  Shuttleworth noted  that the                                                               
committee  should have  copies  of a  letter  dated February  27,                                                               
2002, from Mayor  Thompson as well as city resolution  3753.  Mr.                                                               
Shuttleworth  turned to  CSHB 399  and related  his understanding                                                               
that the primary issue of [Version  C] is the separation of power                                                               
between   the   administrative   and  legislative   branches   of                                                               
government.   "It is  not our  intent to  engage in  that debate,                                                               
other  than  to  state  for  the record  that  we're  opposed  to                                                               
proprietary reference  to any  construction code,"  he explained.                                                               
He reminded  the committee that  in 1998 the  entire construction                                                               
community, including industry,  contractors, politicians, as well                                                               
as  MCA  proposed biased  language  to  SB  269.   That  language                                                               
included the following:  "or  other nationally recognized codes".                                                               
The bill was passed with that  language and thus [it seemed] that                                                               
legislative intent  was established.   In October 2000,  the City                                                               
of  Fairbanks   Code  Review  Commission  reviewed   the  various                                                               
construction  codes.   The city  adopted  the International  Fire                                                               
Code (IFC)  and the IRC  and within the  next few weeks  the city                                                               
will  be  adopting   the  2000  IBC  and  the   2000  UPC,  which                                                               
illustrates  that  the  City  of Fairbanks  wants  to  offer  the                                                               
construction and design community choices.                                                                                      
                                                                                                                                
MR. SHUTTLEWORTH  turned to HB  436.  Although this  bill doesn't                                                               
seem to be confrontational on  the surface, Mr. Shuttleworth said                                                               
that  it's  the   most  contentious  of  the   three  before  the                                                               
committee.   Therefore,  Mr. Shuttleworth  opposed HB  436.   The                                                               
governmental  consensus process  for adoption  of codes  has been                                                               
used  since  statehood   and  is  the  same   process  that  this                                                               
legislature uses.   The  governmental consensus  process involves                                                               
input   from  industry,   the   professional  design   community,                                                               
contractors, and  code officials.   However, only  code officials                                                               
are allowed  to vote  in the  final vote.   These  code officials                                                               
don't have a vested financial interest  [in the outcome].  On the                                                               
other  hand,  the  ANSI consensus  process  allows  industry  and                                                               
special  interests to  be included  in the  final vote,  which he                                                               
viewed as suspect and ensures  that the financial vested interest                                                               
of special interests  works for the corporate good.   If industry                                                               
is allowed  to have the final  vote, codes can be  adopted purely                                                               
on economic votes.  Therefore,  issues such as restraint of trade                                                               
will cause  restrictions of methods  and materials to  be common.                                                               
Mr.  Shuttleworth  pointed  out   that  no  state  has  statutory                                                               
language that  requires ANSI accreditation, and  for good reason,                                                               
he said.                                                                                                                        
                                                                                                                                
MR. SHUTTLEWORTH addressed  HB 437.  He acknowledged  that HB 437                                                               
has undergone some language changes.   Mr. Shuttleworth announced                                                               
that [the City  of Fairbanks] isn't opposed  to having additional                                                               
time  in  which  the  codes may  be  professionally  reviewed  or                                                               
debated  nor is  [the  city]  opposed to  a  sunset  clause.   In                                                               
conclusion,  Mr. Shuttleworth  informed  the  committee that  the                                                               
City  of  Fairbanks  opposes  any  legislation  that  establishes                                                               
proprietary  code   language  or  any  companion   language  that                                                               
requires ANSI accreditation.                                                                                                    
                                                                                                                                
Number 0585                                                                                                                     
                                                                                                                                
MR.  SHUTTLEWORTH,   in  response  to   Representative  Rokeberg,                                                               
clarified that  the City  of Fairbanks  has formally  adopted the                                                               
IFC, IRC,  and will  be adopting the  IBC and the  UPC in  two to                                                               
three weeks.   After the IBC  and UPC are [formally]  adopted the                                                               
city will be taking up the mechanical code.                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  if  [the City  of Fairbanks]  has                                                               
approved any projects  or designs that have  incorporated the IBC                                                               
prior to its adoption by the local council.                                                                                     
                                                                                                                                
MR. SHUTTLEWORTH replied yes and  noted agreement with Mr. Watts'                                                               
earlier comments on this matter.   In fact, the City of Fairbanks                                                               
Police Department building was built under the IBC.                                                                             
                                                                                                                                
Number 0716                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES  inquired as  to why  the City  of Fairbanks                                                               
chose to go with the UPC and some of the International Codes.                                                                   
                                                                                                                                
MR. SHUTTLEWORTH answered  that both codes, the IPC  and the UPC,                                                               
were put on  the table and the UPC was  adopted after MCA lobbied                                                               
and convinced  the local  code review  commission to  support the                                                               
UPC.   The  City  of  Fairbanks made  some  amendments and  moved                                                               
forward.   He expressed  the need  to adopt the  best code  for a                                                               
particular community.  He echoed  earlier testimony regarding the                                                               
fragmentation and need for consolidation [of the codes].                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  if  the City  of Fairbanks  could                                                               
adopt the IPC  and have a local amendment for  the heat exchanger                                                               
situation.                                                                                                                      
                                                                                                                                
MR. SHUTTLEWORTH replied yes.                                                                                                   
                                                                                                                                
Number 0840                                                                                                                     
                                                                                                                                
CHRIS MILLER,  Design Alaska, testified  via teleconference.   He                                                               
informed  the committee  that  he is  a  mechanical engineer  who                                                               
works with  the codes every  day.   Mr. Miller mentioned  that he                                                               
doesn't  have these  codes committed  to memory,  and never  has.                                                               
The 2000 codes  have been in effect  for a over a  year.  Several                                                               
construction projects are underway under  these codes.  There are                                                               
some advantages to  them, although it was a  difficult process to                                                               
learn  the codes.   [Indisc.]   Mr.  Miller mentioned  that three                                                               
large buildings  are under construction under  [the International                                                               
Codes] and  it seems to work  well.  He also  agreed with earlier                                                               
remarks regarding  the need for  clarity and consistency  in this                                                               
process.   Mr.  Miller  pointed out  that  having to  continually                                                               
search through  the regulations and  the statute for  the current                                                               
code is  difficult, time-consuming,  and awkward.   Therefore, he                                                               
urged the legislature to deal with this issue.                                                                                  
                                                                                                                                
Number 1040                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES inquired as to  how the decision was made to                                                               
switch codes.   He  related his  understanding that  the plumbers                                                               
didn't have a lot of input in [the decision].                                                                                   
                                                                                                                                
                                                                                                                                
GARY  POWELL,  Director  State Fire  Marshal,  Division  of  Fire                                                               
Prevention,  Department  of  Public Safety,  explained  that  the                                                               
decision for the building code was  driven by the fact that other                                                               
than the 2000 IBC there wasn't  a building code offered after the                                                               
1997 UBC.   Therefore, the next logical decision  was with regard                                                               
to  the fire  code.   The  fire chiefs  met and  they were  split                                                               
between the UFC and the IFC.   After the review of the content of                                                               
the codes and the training  sessions, it became apparent that the                                                               
IFC was  a better fit  with the IBC.   Therefore, it  was decided                                                               
that the  [IBC] would  be used  as the base  document.   The only                                                               
other code that  the [division] has traditionally  adopted is the                                                               
mechanical code and  thus the UMC was used as  the model code for                                                               
the  base document.   Meetings  were held  in Juneau,  Fairbanks,                                                               
Anchorage, and Soldotna.   Those meetings had  a cross-section of                                                               
all  the impacted  stakeholders.   Although  there was  confusion                                                               
with  regard  to  who  was  really  representing  the  mechanical                                                               
industry,  the  sign-up  sheets  listed  folks  who  appeared  to                                                               
represent the mechanical interest.   Once the base documents were                                                               
created, those  were mailed  to Linda  Winters who  [the division                                                               
had listed  as the mechanical industry's  representative].  There                                                               
was  a  comment period  and  changes  were made  throughout  that                                                               
process.   Due  to  a  typographical error  on  a public  comment                                                               
notice, two comment  periods were held.  Between  the two comment                                                               
periods, 700  individual copies were  mailed to the  addresses on                                                               
record for all the mechanical administrators in the state.                                                                      
                                                                                                                                
REPRESENTATIVE HAYES  related that  it would seem  appropriate to                                                               
bring in  all those adversely  effected before making  a decision                                                               
on  which  code  to  choose.     Such  a  discussion  would  seem                                                               
appropriate before  the comment period even  occurred and perhaps                                                               
this acrimony could've been avoided.                                                                                            
                                                                                                                                
MR. POWELL said he agreed in  part.  However, he highlighted that                                                               
the  [division]  held  meetings  with  those  it  viewed  as  the                                                               
stakeholders.  These  meetings were held before  the decision was                                                               
made.   He reiterated that  the only building code  available was                                                               
the  IBC, which  started this  entire process.   Mr.  Powell said                                                               
that once  the cross-referencing in  the IMC  to the IBC  and the                                                               
IFC [was  apparent], it was  difficult not  to offer that  as the                                                               
base document for comment.                                                                                                      
                                                                                                                                
Number 1280                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD related his  understanding that under the                                                               
new  codes, larger  buildings without  sprinklers  can be  built.                                                               
Furthermore, the new codes allow  buildings to be built with less                                                               
fire doors and fire stops.                                                                                                      
                                                                                                                                
MR. POWELL  said that such  an umbrella statement  probably isn't                                                               
true.  Although  there are cases in which larger  building can be                                                               
built,  in most  cases  those  require other  means  of life  and                                                               
safety protection such  as fire sprinklers.  He  pointed out that                                                               
as the codes  developed over the years, one  safety provision was                                                               
piled  on top  of another  and  thus the  question became  [which                                                               
safety provisions  were necessary].   Mr.  Powell said,  "In some                                                               
cases it appeared  to be a relaxing of the  standards, but on the                                                               
other  hand  there was  no  hard  justification for  keeping  the                                                               
stringent requirements in place."                                                                                               
                                                                                                                                
REPRESENTATIVE  ROKEBERG  related  his understanding  that  these                                                               
regulations went into effect September  15, 2001.  He inquired as                                                               
to when  [DPS] received the approximately  $100,000 appropriation                                                               
from the legislature.                                                                                                           
                                                                                                                                
MR.  POWELL  confirmed  that the  regulations  went  into  effect                                                               
September 15, 2001.  He  recalled that the $100,000 appropriation                                                               
would have  been part of the  2001 budget for the  purpose of the                                                               
adoption   of   the  International   Code.      He  agreed   with                                                               
Representative Rokeberg  that in July  2000 [DPS] had  the money.                                                               
With  that money,  an independent  code consultant  was hired  to                                                               
take  [the  department]  through   the  adoption  process.    The                                                               
$100,000 appropriation  was for the  entire project.   In further                                                               
response  to the  Representative Rokeberg,  Mr. Powell  confirmed                                                               
that  the request  for the  appropriation was  made to  the House                                                               
Finance Committee.                                                                                                              
                                                                                                                                
REPRESENTATIVE   ROKEBERG  asked   if  any   of  the   money  was                                                               
[earmarked] for transitioning, especially for the training.                                                                     
                                                                                                                                
MR. POWELL  clarified that  the code was  adopted June  15, 2001,                                                               
with  an effective  date of  September 15,  2001.   In discussing                                                               
this  issue with  the Division  of  Occupational Licensing,  [the                                                               
effective date] seemed to coincide  well because of the two years                                                               
transition  and   training  time   that  would  be   allowed  for                                                               
mechanical administrators  who had two years  before renewal [was                                                               
required].                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG  inquired as  to the  impact this  had on                                                               
new candidates.                                                                                                                 
                                                                                                                                
MR. POWELL  indicated that he  didn't know  of the impact  to new                                                               
candidates.  With  regard to testing, Mr. Powell  pointed that it                                                               
was going  to cost $16,000 to  change from the 1997  Uniform Code                                                               
to the  2000 International Code,  which was part of  the $100,000                                                               
appropriation.  However, to change  from the 1997 Uniform Code to                                                               
the 2000 Uniform  Code would cost $40,000.  He  questioned why it                                                               
would be more  costly to change within the same  family of codes.                                                               
"I think  the obvious answer is:   It's not the  same family," he                                                               
said.                                                                                                                           
                                                                                                                                
Number 1578                                                                                                                     
                                                                                                                                
DEAN GUANELI,  Chief Assistant  Attorney General,  Legal Services                                                               
Section-Juneau, Criminal  Division, Department  of Law,  began by                                                               
explaining  that  in general  a  state  agency doesn't  have  any                                                               
obligation to  engage in any  process before  placing regulations                                                               
out for public  comment.  The process that the  public has is the                                                               
regulation process  under the Administrative Procedures  Act.  In                                                               
this case, DPS  understood that this [potential  code change] was                                                               
important  and thus  requested funding  from the  legislature and                                                               
had  a process  before the  regular regulation  adoption process.                                                               
The DPS sent  letters out to a number  of statewide organizations                                                               
inviting those  organizations to meet  with DPS in  work sessions                                                               
in order  to discuss these codes.   Mr. Guaneli reviewed  some of                                                               
the organizations  that received  the aforementioned  letter from                                                               
DPS.   Day-long  sessions held  in Juneau,  Anchorage, Fairbanks,                                                               
and Soldotna.   This occurred  before DPS decided what  the codes                                                               
should be  and any  changes that  should be  made.   He explained                                                               
that whenever DPS adopts a code,  it has to adopt certain changes                                                               
in order  to make  the code  fit the  needs of  Alaska.   In this                                                               
particular  situation, after  meeting  with these  organizations,                                                               
DPS developed a list of changes  to the codes that amounted to 76                                                               
single-spaced pages.  Such changes  have to be done regardless of                                                               
what code is  adopted.  Once DPS decided what  codes it wanted to                                                               
adopt, the  public notice process for  administrative regulations                                                               
began.   There was a typographical  error in one of  the notices,                                                               
and therefore the department did  the public notice process again                                                               
and the  public comment  period was  extended by  several months.                                                               
After meeting  with ARR  in the  summer of  2001, DPS  decided to                                                               
delay implementation for another two months.                                                                                    
                                                                                                                                
MR. GUANELI said  that he couldn't tell the  committee which code                                                               
is  the  better  code.    He  submitted  to  the  committee  that                                                               
regardless  of  which code  is  chosen,  the same  process  [with                                                               
regard to changes to the code]  will occur.  Mr. Guaneli recalled                                                               
that many  have recommended  leaving this  issue to  the experts,                                                               
which has  been the legislature's  policy choice over  the years.                                                               
The legislature has allowed DPS  to make the choice without being                                                               
constrained to one family of codes.   He noted his agreement with                                                               
that approach.   Although there has been testimony  that this was                                                               
a rushed  process, Mr.  Guaneli didn't believe  that to  be true.                                                               
Furthermore, some  have charged  that [the IMC  was wanted]  by a                                                               
handful of bureaucrats,   which he didn't believe that  to be the                                                               
case   either.     With  regard   to  the   testimony  that   the                                                               
[International  Codes]  are  difficult   to  teach,  Mr.  Guaneli                                                               
informed  the committee  that Ms.  Reardon had  related that  the                                                               
first  time the  IMC was  tested, a  higher percentage  of people                                                               
passed the  test than  the last  couple of  tests under  the UMC.                                                               
Although   there  has   been  [testimony]   that  people   aren't                                                               
accustomed to the new codes, at  least in Anchorage it seems that                                                               
the design  professionals have been  using the  concepts embodied                                                               
in the (IMC) for quite a while.                                                                                                 
                                                                                                                                
Number 1908                                                                                                                     
                                                                                                                                
MR. GUANELI turned  to HB 437 and related  his understanding that                                                               
the legislation would replace the IMC  with the UMC.  Because the                                                               
Uniform  Codes don't  have any  corresponding  building and  fire                                                               
codes, he suggested  that it would require  a considerable amount                                                               
of conforming amendments.   Therefore, he said  he didn't believe                                                               
that HB  437 makes  sense.   With regard to  HB 436,  Mr. Guaneli                                                               
felt it  best to leave  the [code adoption] to  the professionals                                                               
in the field.                                                                                                                   
                                                                                                                                
MR. GUANELI  addressed the  Division of  Occupational Licensing's                                                               
situation.   He  acknowledged  that  the division's  definitional                                                               
provisions in  statute reference  the Uniform Codes.   Therefore,                                                               
the question  is whether the  division is  going to test  on what                                                               
actually has to be applied in  the field or is the division going                                                               
to  test on  an  outdated [code]  that  isn't in  the  law.   The                                                               
Department of Law advised the  Division of Occupational Licensing                                                               
to  test on  what people  actually have  to apply  in the  field.                                                               
From  a legal  standpoint, if  the testing  were on  a code  that                                                               
wasn't applied  in the  field and someone  failed the  test, that                                                               
individual would probably have a  good lawsuit against the state.                                                               
He said that he would hate to have  to defend the state in such a                                                               
lawsuit.  The  division followed the Department  of Law's advice.                                                               
During  the ARR  hearings,  there was  testimony  that there  was                                                               
confusion  with regard  to which  code the  test would  be based.                                                               
Therefore,  the Department  of Law  further recommended  that the                                                               
Division  of   Occupational  Licensing  adopt   regulations  that                                                               
clarify that  when there is  reference to  the UMC, it  means any                                                               
mechanical code  adopted by DPS  and applied  in the field.   The                                                               
division  followed  that  advice  as well.    Therefore,  HB  399                                                               
doesn't make  a lot  of sense.   Mr.  Guaneli suggested  that the                                                               
statutes should be "code neutral"  and left to the professionals.                                                               
Specific problems should be addressed  in the regulatory process,                                                               
and to the  extent those aren't, those problems  can be addressed                                                               
in  the legislature  rather than  dealing with  a thousand  or so                                                               
pages  of codes  and hundreds  of  pages of  amendments to  those                                                               
codes.                                                                                                                          
                                                                                                                                
Number 2083                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES turned  to  Mr. Guaneli's  advice to  leave                                                               
this  issue to  the experts  and pointed  out that  the list  [of                                                               
experts]  that  DPS contacted  didn't  include  the plumbers  who                                                               
implement  the code.   He  questioned how  the plumbers  could be                                                               
left out of the process.  He said  if all the players had been at                                                               
the table originally, then this problem wouldn't have developed.                                                                
                                                                                                                                
MR. GUANELI  replied, "I'm  not sure that  I can  really disagree                                                               
with you about if  there were other people who need  to be at the                                                               
table, and perhaps it could've  been done differently."  However,                                                               
the process  DPS followed was  far more extensive than  the usual                                                               
process.    With  regard  to comments  from  plumbers  and  union                                                               
members   about  [concerns]   with  purchasing   new  books   and                                                               
unfamiliarity with the new code,  Mr. Guaneli wasn't certain that                                                               
those [concerns would've  been allayed] had those  groups been at                                                               
the table.   Although Mr.  Guaneli agreed that DPS  could've been                                                               
more inclusive  in the  process leading up  to the  normal public                                                               
process, he  wasn't convinced  it wouldn't have  led to  the same                                                               
situation.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG, with regard  to Mr. Guaneli's suggestion                                                               
to [make the  statutes] code neutral, asked if  such action would                                                               
actually grant  a significant amount  of the  legislature's power                                                               
to the bureaucracy.                                                                                                             
                                                                                                                                
MR. GUANELI  said he thinks  that has  been the policy  choice of                                                               
the legislature for  a number of years.  Currently,  there are no                                                               
restrictions  on  DPS's  authority  to  adopt  regulations.    He                                                               
highlighted  that he  hasn't heard  anyone suggest  that DPS  has                                                               
abused that  authority, other than  the current complaints.   Mr.                                                               
Guaneli  said  he   wasn't  sure  that  every   three  years  the                                                               
legislature wants to  go through the prospect of  a 150-page bill                                                               
versus relying on the experts in the field.                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG highlighted that  it's been the policy of                                                               
this committee  to make "half  that step" by  statutorily placing                                                               
the  code outside  the legislature  and  letting the  departments                                                               
adopt the various  editions on a cyclical basis.   However, there                                                               
has always been the stipulation with  regard to the code that was                                                               
adopted, save DPS.  He  stressed that DPS's code-neutral language                                                               
caused this  problem in the first  place and thus he  wasn't sure                                                               
why  there would  be  the suggestion  to go  the  route of  code-                                                               
neutral language.                                                                                                               
                                                                                                                                
Number 2257                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked if the  lawsuit brought by the Alaska                                                               
Mechanical Contractors is still in progress.                                                                                    
                                                                                                                                
MR. GUANELI  replied yes.   He informed the committee  that there                                                               
was  a motion  for a  preliminary injunction,  which was  denied.                                                               
Both  parties  have filed  motions  for  summary judgment,  which                                                               
means that no  facts are in dispute and thus  it's a purely legal                                                               
matter.  The judge has scheduled a hearing for May 9th.                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO asked  if the Department of  Law is worried                                                               
that  if  the legislature  passes  HB  399  it might  weaken  the                                                               
department's case.                                                                                                              
                                                                                                                                
MR. GUANELI  said he  wasn't sure  that passage  of HB  399 would                                                               
weaken the department's  case as much as make the  case, at least                                                               
a portion of it, moot.   Although Mr. Guaneli recommended against                                                               
clarifying  the  law  [with  HB  399],  he  said  that  when  the                                                               
legislature does clarify the law it's fine.                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO inquired  as to  whether Mr.  Guaneli felt                                                               
that  there is  any  merit to  the charge  that  DPS usurped  the                                                               
legislature's authority by implementing these regulations.                                                                      
                                                                                                                                
MR. GUANELI replied no.  He  added that the judge who decided the                                                               
preliminary   injunction   motion   included  in   her   decision                                                               
[indications]  that  there  is no  merit  to  the  aforementioned                                                               
charge.   Therefore, Mr. Guaneli  said he was confident  that the                                                               
state will prevail.                                                                                                             
                                                                                                                                
CHAIR  MURKOWSKI  recalled  that  the sponsor  [of  HB  399]  has                                                               
expressed to the committee the need  to act on this separation of                                                               
powers  issue.     However,  Mr.  Guaneli   has  highlighted  the                                                               
conundrum it  creates for the Division  of Occupational Licensing                                                               
with regard to testing.                                                                                                         
                                                                                                                                
TAPE O2-36, SIDE B                                                                                                              
                                                                                                                                
CHAIR  MURKOWSKI inquired  as to  the impact  if HB  399 were  to                                                               
pass.                                                                                                                           
                                                                                                                                
MR. GUANELI explained that passage of  HB 399 would mean that the                                                               
Division  of  Occupational  Licensing would  be  prohibited  from                                                               
testing  on  the International  Code  and  would be  required  to                                                               
conduct testing  based on the  UMC.   He related his  belief that                                                               
such  action  would  subject  the  state  to  the  potential  for                                                               
litigation  by an  unsuccessful  applicant, that  is someone  who                                                               
didn't pass  the test  given under  the UMC.   Such  an applicant                                                               
would argue  that the  testing isn't  related to  what has  to be                                                               
done  in the  field.   Therefore, Mr.  Guaneli expressed  concern                                                               
that the result of such litigation  would be that the court would                                                               
order the Division of Occupational  Licensing to do something the                                                               
legislature didn't  want, such as issue  licenses without testing                                                               
or  return to  testing under  the [IMC].   Although  the question                                                               
regarding   the  legislature's   authority   is   one  that   the                                                               
legislature should  be sensitive  to, the question  for attorneys                                                               
and judges  who review and  interpret statutes is related  to the                                                               
legislature's  intent.    The Department  of  Law  believes,  and                                                               
advised the  Division of Occupational Licensing,  that applicants                                                               
should be  tested on what they  will actually be applying  in the                                                               
field,  he  said.    Another  alternative  for  the  Division  of                                                               
Occupational Licensing would've been  to stop testing altogether,                                                               
which the Department of Law didn't view as responsible.                                                                         
                                                                                                                                
MR. GUANELI, in  response to Chair Murkowski,  clarified that the                                                               
Division  of Occupational  Licensing  adopted  a regulation  that                                                               
says  references to  the UMC  in statute  are interpreted  by the                                                               
division to  mean whatever  mechanical code  DPS has  adopted for                                                               
application  in   the  state.    Therefore,   under  the  current                                                               
situation the  Division of Occupational Licensing  would continue                                                               
to test  under the IMC.   Mr. Guaneli stated his  belief that the                                                               
legislature  could do  nothing  and  things would  be  fine.   He                                                               
explained  that   if  nothing   were  passed,  the   Division  of                                                               
Occupational  Licensing would  continue  to test  on  the law  in                                                               
existence  and  DPS and  the  various  inspectors throughout  the                                                               
state  would   be  inspecting   under  the   International  Code.                                                               
Although  that leaves  some ambiguity  in  the law,  in terms  of                                                               
application of the law and  testing business would continue as it                                                               
is  now.   Mr. Guaneli  reiterated his  recommendation for  code-                                                               
neutral language  in statute, which  he viewed as  providing more                                                               
clarity to everyone.                                                                                                            
                                                                                                                                
Number 2179                                                                                                                     
                                                                                                                                
CATHERINE REARDON, Director, Division of Occupational Licensing,                                                                
Department  of Community  &  Economic Development,  characterized                                                               
passage  of HB  399 as  her worst-case  scenario.   She explained                                                               
that if the language in  the division's regulation that specifies                                                               
that the  UMC is the code  in effect in the  state is eliminated,                                                               
then the division  is left with the message that  it was wrong in                                                               
passing the IMC.  However, there  is no indication as to what the                                                               
division should be doing.  She  agreed with Mr. Guaneli that such                                                               
would leave  the division  to wait  for a  lawsuit.   Ms. Reardon                                                               
suggested  that   if  the  committee  feels   that  the  division                                                               
shouldn't  have adopted  the regulation,  although  it liked  the                                                               
public policy, then [there should  be legislation] that specifies                                                               
that the division  should test on the code specified  by DPS.  If                                                               
the committee didn't  like the public policy and  it does believe                                                               
that testing should continue on  the UMC, then she requested that                                                               
there be amendments to the division's statutes so that is clear.                                                                
                                                                                                                                
CHAIR  MURKOWSKI  surmised then  that  the  adoption of  the  two                                                               
committee substitutes [for  HB 436 and HB 437]  wouldn't help the                                                               
Division of Occupational Licensing.                                                                                             
                                                                                                                                
MS.  REARDON  specified  that  if  only HB  399  is  passed,  the                                                               
division  has  a  problem.    If  HB  399  is  passed  with  [the                                                               
aforementioned  additional  language],  then the  division  would                                                               
have the  necessary instruction.   Ms. Reardon stressed  that the                                                               
division  has   no  opinion   with  regard   to  which   code  is                                                               
appropriate,  the  division's  involvement merely  addresses  the                                                               
testing  and discipline  of the  mechanical administrators.   She                                                               
requested that  the committee consider  whether the desire  is to                                                               
have  the   Division  of  Occupational   Licensing's  requirement                                                               
tightly specify  "the Uniform Mechanical  Code as published  by X                                                               
organization."  She recalled that  there are local [jurisdiction]                                                               
adjustments.    Therefore,  she  suggested  that  the  division's                                                               
statutes cross  reference DPS's  code.   Ms. Reardon  pointed out                                                               
that  the  CS  left  out  one of  the  Division  of  Occupational                                                               
Licensing's statute references.                                                                                                 
                                                                                                                                
Number 2002                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that  he had provided the committee                                                               
with a marked  up version of HB  399, Version A.   This marked up                                                               
version would  delete the specific  reference to the UMC  as well                                                               
as Sections  5 and 6.   He explained that this  marked up version                                                               
would provide  a generic  reference to  the mechanical  code that                                                               
was  adopted by  DPS and  annuls the  regulations adopted  by the                                                               
Division of Occupational Licensing.   Furthermore, this marked up                                                               
version  solves  the  constitutional  problem  by  asserting  the                                                               
legislature's  jurisdiction while  leaving the  code and  testing                                                               
status  quo.   Representative  Rokeberg related  his belief  that                                                               
this marked up version satisfies the  intent of the sponsor of HB
399.   In  response to  Chair Murkowski,  Representative Rokeberg                                                               
confirmed  that  his marked  up  version  of  HB 399  solves  the                                                               
testing issue.                                                                                                                  
                                                                                                                                
MS. REARDON noted that the marked  up version of HB 399 does have                                                               
the cross  referencing that  she had  previously advocated.   For                                                               
the record,  Ms. Reardon stated  her belief that the  Division of                                                               
Occupational  Licensing  acted legally  in  the  adoption of  the                                                               
regulation.                                                                                                                     
                                                                                                                                
Number 1789                                                                                                                     
                                                                                                                                
REPRESENTATIVE   LESIL  McGUIRE,   Chair,   Joint  Committee   on                                                               
Administrative  Regulation  Review,   Alaska  State  Legislature,                                                               
remarked,  "I certainly  think that  Representative Rokeberg  ...                                                               
has hit  the nail on  the head."   She indicated her  approval of                                                               
the  language  annulling  the  regulations  while  attempting  to                                                               
provide a  solution.  Representative  McGuire commented  that she                                                               
doesn't take  her job lightly.   In her year-and-a-half  as chair                                                               
of the  Joint Committee on Administrative  Regulation Review, she                                                               
recalled situations  in which  regulations were  promulgated that                                                               
were "gray" due to the question  of the legislature's intent.  In                                                               
those  cases,  the  department  involved  is asked  to  go  to  a                                                               
negotiated  rule-making process  in  which  the shareholders  are                                                               
brought together  in order  to find a  solution or  the committee                                                               
requests more  time during  the public comment  period.   This is                                                               
[one of  the rare] situations  in which the matter  is black-and-                                                               
white.   Therefore,  Representative McGuire  expressed difficulty                                                               
in listening to  the prior two witnesses say that  there was some                                                               
gray  area.   Representative McGuire  said that  the statute  was                                                               
clearly specified  a copyrighted document.   Furthermore, the IMC                                                               
is different from the UMC.                                                                                                      
                                                                                                                                
REPRESENTATIVE McGUIRE turned  to the speculation as  to what the                                                               
courts would do and said that  such speculation is dangerous.  In                                                               
conclusion, Representative  McGuire stressed that she  viewed the                                                               
annulment  of  the  regulations  as very  important.    It's  the                                                               
legislature's  job to  make public  policy  decisions, she  said.                                                               
She acknowledged  that perhaps centralizing or  neutralizing "it"                                                               
will offer some clarity.                                                                                                        
                                                                                                                                
Number 1614                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI surmised  that the original HB 399  isn't too far                                                               
from Representative Rokeberg's marked up version.                                                                               
                                                                                                                                
REPRESENTATIVE  McGUIRE said  that's  fair to  say, but  remarked                                                               
that the  only difference is  that at  the beginning of  this she                                                               
leaned  toward the  UMC because  of practicality.   Those  in the                                                               
field  have  expressed  concern  about  their  obligation  to  be                                                               
familiar  with a  code  that they  didn't  know.   Representative                                                               
McGuire said that  she didn't know that those  concerns have been                                                               
resolved  yet.   Furthermore,  she  expressed lingering  concerns                                                               
that the  mechanical contractor community wasn't  included.  It's                                                               
concerning that  at the national  level there aren't  more worker                                                               
bees at  the table [during discussions]  for the IMC.   She noted                                                               
her  preference   of  a   code  that's   generated  by   all  the                                                               
stakeholders.   Representative McGuire expressed  her frustration                                                               
with  this matter.    She  recalled the  August  14, 2001,  Joint                                                               
Committee  on Administrative  Regulation Review  meeting on  this                                                               
matter during  which she clearly  asked that [the  regulations be                                                               
held] until  January when  the legislature  would be  in session.                                                               
Why that request wasn't respected, she said she didn't know.                                                                    
                                                                                                                                
Number 1349                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD recalled  his  trip  to Houston,  Texas,                                                               
last December when two eight-plexes  caught fire before his eyes.                                                               
Those buildings  didn't have fire  breaks between  the buildings.                                                               
Therefore, having codes in place  is very important, he stressed.                                                               
Representative Crawford  related his  understanding that  the UMC                                                               
is the  more restrictive  code.  Even  if the  International Code                                                               
allows  cheaper buildings  to be  built, Representative  Crawford                                                               
said that  he wanted safer  buildings.  If  the UBC is  the safer                                                               
and more  prescriptive of the two  codes, Representative Crawford                                                               
said  that is  the code  he supported.   Representative  Crawford                                                               
related his  understanding that Representative  Rokeberg's marked                                                               
up version  of HB 399  would aggregate the  legislature's ability                                                               
to specify the Uniform Code or the International Code.                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG interjected that isn't the case.                                                                        
                                                                                                                                
REPRESENTATIVE CRAWFORD said he was  mistaken then.  He expressed                                                               
the need to make the right  decision, which he viewed as going to                                                               
the more prescriptive and safer code.                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG  clarified that his marked  up version of                                                               
HB 399  uses code-neutral language,  but doesn't  determine which                                                               
code  to  use.    Representative  Rokeberg  said,  "You  have  to                                                               
separate all  the family  of codes from  what we've  been talking                                                               
about  in terms  of the  mechanical code."   Adopting  a building                                                               
code is different, he stressed.   Representative Rokeberg pointed                                                               
out that the same people, the  ICBO, who drafted the UBC recently                                                               
drafted the  IBC.  However,  there is  no building code  by IAPMO                                                               
and the Uniform [organization].   This situation helped drive DPS                                                               
to adopt  the [IBC].  Although  the ICBO who drafted  the IBC has                                                               
implemented   things   to   make    the   code   more   flexible,                                                               
Representative  Rokeberg said  he doesn't  believe it  aggregates                                                               
the  public safety  issues.   He related  that in  the [last]  25                                                               
years  in the  United  States  there hasn't  been  a  death in  a                                                               
building with fire  sprinklers.  He recalled  his career building                                                               
high-rise  buildings  in Anchorage  when  every  three years  the                                                               
building  code  would  change  and  the  inside  fire  protection                                                               
mechanisms and rules  [would change] even when  the buildings had                                                               
sprinkler  systems and  safe  layouts.   Representative  Rokeberg                                                               
stressed  the need  to  clean  up this  mess  with  the codes  by                                                               
consolidating the codes  and deciding whether to  go code neutral                                                               
or  specify a  code.   He  mentioned  that perhaps  consideration                                                               
should  be  given  with  regard  to whether  there  should  be  a                                                               
transitional  training period  for  the testing.    "This is  the                                                               
greatest thing in the world to  have a national building code and                                                               
some  consistency, and  that's what  the International  Codes are                                                               
doing for  the first  time," he stressed.   Therefore,  he viewed                                                               
[the International  Codes] as a  great step forward,  although he                                                               
recognized the  need to be  sensitive to  those in the  field who                                                               
have to change.  He said that  the power to select the final code                                                               
shouldn't be given away to  the bureaucracy because it's a public                                                               
policy [that the legislature should decide].                                                                                    
                                                                                                                                
CHAIR MURKOWSKI  asked if Representative Rokeberg  viewed passage                                                               
of his marked up version of HB 399 as a band-aid.                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG specified that  he believes his marked up                                                               
version of HB 399 ratifies the  status quo.  Therefore, action to                                                               
overturn that and  return to the UMC would  require another piece                                                               
of legislation.   Representative Rokeberg informed  the committee                                                               
that  two-and-a-half  years  ago  the  Senate  Finance  Committee                                                               
agreed [with the adoption of  the International Code] because the                                                               
BRU   [Budget   Review   Unit]   request   specified   that   the                                                               
International  Code  was  going  to  be  adopted.    Furthermore,                                                               
Anchorage   has   functioned   a   year-and-a-half   [under   the                                                               
International Code] as  has Fairbanks, with the  exception of the                                                               
UPC.     Therefore,   Representative  Rokeberg   said  that   the                                                               
legislature should step  forward and make sure that  those in the                                                               
business  are comfortable  enough  to go  forward  and learn  new                                                               
things while recognizing the need to  be fair to them with regard                                                               
to training.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEYER mentioned  the possibility  of moving  [the                                                               
marked up version  of HB 399] and placing the  other two bills in                                                               
a subcommittee.                                                                                                                 
                                                                                                                                
Number 0829                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  mentioned that his marked  up version of                                                               
HB  399  could  be  amended  to  include  language  allowing  the                                                               
mechanical administrator to choose which exam to take.                                                                          
                                                                                                                                
MS.  REARDON clarified  that those  currently holding  mechanical                                                               
administrator licenses  don't have  to retest, they  merely renew                                                               
their license every two years.   However, continuing education is                                                               
required  to   renew  the  license.     Therefore,   Ms.  Reardon                                                               
recommended  that   continuing  education  be  required   on  the                                                               
International Code.   The new  applicants would have to  pass the                                                               
test.   With regard to the  concern that new applicants  may have                                                               
difficulty  passing  the  International  Code  test  because  the                                                               
journeymen plumbing  experience was  performed under  the Uniform                                                               
Code, Ms.  Reardon informed  the committee that  there is  only a                                                               
small sample,  one test from December.   Of the eight  people who                                                               
took  the test  in  December,  only one  failed.    If there  are                                                               
similar passage rate results from  today's test, Ms. Reardon said                                                               
she would say that the  passage rate under the International Code                                                               
is better than under the Uniform  Code.  Therefore, there may not                                                               
be a need to offer a transition  for the test.  Ms. Reardon noted                                                               
that  the  same  company  that provided  the  Uniform  Code  test                                                               
provided the  International Code test, and  therefore she assumed                                                               
that both were equally difficult.                                                                                               
                                                                                                                                
Number 0653                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG inquired as  to the problem with allowing                                                               
a new applicant to elect under which code to be tested.                                                                         
                                                                                                                                
MS. REARDON  said she  supposed it would  be feasible.   However,                                                               
she questioned why  testing on the Uniform Code  would be allowed                                                               
when, once the applicant passed  the code, the applicant would be                                                               
required to work with the International Code.                                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG  said, "Because they spent  all this time                                                               
learning the Uniform  Code and that's what they  should be tested                                                               
on if  they spent several  years and thousands of  hours learning                                                               
that."   He  indicated that  this ability  to choose  under which                                                               
code to be tested could be done during the transitional period.                                                                 
                                                                                                                                
MS. REARDON commented,  "If you think that's  good public policy,                                                               
I'll do it."                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  highlighted  that one  of  the  biggest                                                               
complaints  was   that  there  wasn't  sufficient   training  and                                                               
transition timing.                                                                                                              
                                                                                                                                
MS. REARDON  recalled that the  aforementioned complaint  is from                                                               
those who already have a license, not from new applicants.                                                                      
                                                                                                                                
CHAIR MURKOWSKI shared Ms. Reardon's recollection.                                                                              
                                                                                                                                
MS. REARDON mentioned  that this complaint was  also expressed by                                                               
those who train those in the field.                                                                                             
                                                                                                                                
Number 0509                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG moved  that  the  committee rescind  its                                                               
action  in adopting  CSHB  399,  Version 22-LS1461\C,  Bannister,                                                               
2/20/02.  There  being no objection, before the  committee was HB
399.                                                                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG  clarified that his marked  up version of                                                               
HB 399  would delete the  word "Uniform" throughout the  bill and                                                               
delete Sections 5 and 6.                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG  moved  that  the  committee  adopt  the                                                               
following conceptual amendment to HB 399, Version 22-LS1461\A:                                                                  
                                                                                                                                
     Page 1, line 11,                                                                                                           
          Delete "edition of the Uniform"                                                                                   
                                                                                                                                
     Page 2, line 13,                                                                                                           
          Delete "Uniform"                                                                                                      
                                                                                                                                
     Page 2, line 24,                                                                                                           
          Delete "edition of the Uniform"                                                                                   
                                                                                                                                
     Page 3, line 7,                                                                                                            
          Delete "Uniform Mechanical"                                                                                           
                                                                                                                                
Number 0375                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT objected  and  said that  this band-aid  fix                                                               
isn't [appropriate] at this point.                                                                                              
                                                                                                                                
REPRESENTATIVE  McGUIRE  posed a  scenario  in  which HB  399  is                                                               
amended, but fails  [to move from committee].   In that scenario,                                                               
would the  House Labor and  Commerce Standing Committee  have the                                                               
ability to bring up  HB 399 [as Version C].   "If this fails, the                                                               
public policy part of  it, ... I still want to  pursue my bill on                                                               
the annulment of the regulations," she stated.                                                                                  
                                                                                                                                
CHAIR MURKOWSKI explained that the  committee is merely taking up                                                               
a  conceptual  amendment  that would  remove  references  to  the                                                               
Uniform Code.                                                                                                                   
                                                                                                                                
A roll  call vote  was taken.   Representatives  Meyer, Rokeberg,                                                               
and Murkowski voted  for the adoption of  conceptual Amendment 1.                                                               
Representatives  Kott,  Crawford,  and Hayes  voted  against  the                                                               
adoption  of conceptual  Amendment 1.   Therefore,  the amendment                                                               
failed by a vote of 3:3.                                                                                                        
                                                                                                                                
The committee took an at-ease from 6:33 p.m. to 6:38 p.m.                                                                       
                                                                                                                                
CHAIR  MURKOWSKI announced  that more  work needs  to be  done on                                                               
this matter, and  therefore she appointed a  subcommittee to work                                                               
with  the   bill  sponsors.     The  subcommittee   consisted  of                                                               
Representative  Rokeberg, Chair,  and Representatives  Halcro and                                                               
Hayes.                                                                                                                          

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