01/23/2004 03:21 PM House L&C

HB 351-CARBON MONOXIDE DETECTION DEVICES                                                                                      
                                                                                                                              
Number 2347                                                                                                                     
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be  HOUSE  BILL  NO.  351,  "An  Act  relating  to  the  devices,                                                               
including   carbon  monoxide   detection  devices,   required  in                                                               
dwellings; and providing for an effective date."                                                                                
                                                                                                                              
Number 2362                                                                                                                     
                                                                                                                                
The committee took an at-ease from 4:11 p.m. to 4:13 p.m.                                                                       
                                                                                                                                
TAPE 04-3, SIDE B                                                                                                             
Number 2375                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO,  one of  the sponsors,  moved to  adopt the                                                               
proposed  committee  substitute  (CS)  for HB  351,  Version  23-                                                               
LS1325\I, Bannister,  1/23/04, as a  work draft.  There  being no                                                               
objection, Version I was before the committee.                                                                                  
                                                                                                                                
Number 2350                                                                                                                     
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, Alaska  State Legislature,  one of                                                               
the  sponsors, introduced  the changes  resulting  from the  last                                                               
committee   meeting,  citing   a  cover   letter  from   him  and                                                               
Representative  Gatto  that lists  the  issues  addressed in  the                                                               
proposed CS.   Noting  that Representative  Lynn had  taken issue                                                               
with the  effective date  [in the  bill],   he said  the sponsors                                                               
felt  that it  would be  too  complicated to  have various  dates                                                               
contained in the bill, and they decided to leave it as it is.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  spoke  about  the  second  issue,  the                                                               
language found on page 2, lines 16-19.  The new language states:                                                                
                                                                                                                                
             (3) "qualifying dwelling unit" means a                                                                             
     dwelling unit that                                                                                                         
                (A) contains or is serviced by a                                                                                
     carbon-based-fueled appliance or device that produces                                                                      
     by-products of combustion;                                                                                                 
             (B) has an attached garage or carport;                                                                             
     or                                                                                                                         
                    (C) is adjacent to a parking space;                                                                         
                                                                                                                                
Number 2231                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG addressed the  third issue of the large,                                                               
mega-apartment house  or hotel  with a  heating source  common to                                                               
the whole building.  He said:                                                                                                   
                                                                                                                                
     To  understand   why  we   didn't  change   this,  it's                                                                    
     necessary to see  how the law works.  As  you will see,                                                                    
     if  you look  on page  2, line  13, there  are dwelling                                                                    
     units  and qualifying  dwelling units.   Both  refer to                                                                    
     each other,  for example, on  page 1, lines 13  and 14,                                                                    
     and  on page  1, lines  5 and  6.   They have  dwelling                                                                    
     units,  but you  don't  have to  have [carbon  monoxide                                                                    
     detectors]  in   the  dwelling  units   unless  they're                                                                    
     qualifying dwelling units.  The  qualifying units are a                                                                    
     sub-category.   Dwelling units are  defined on  page 2,                                                                    
     line  13,  in  AS  34.03.360.    That  is  the  uniform                                                                    
     landlord  tenant Act.   So,  smoke detector  and carbon                                                                    
     monoxide   detection  statutes   refer  back   for  the                                                                    
     definition to the  uniform landlord and tenant  Act.  I                                                                    
     have distributed for you  the definition, AS 34.03.360,                                                                    
     and paragraph (3) defines dwelling unit.                                                                                   
                                                                                                                                
     So, to see what the outer  class is, of which this is a                                                                    
     sub-class, you have  got to look at dwelling  unit.  It                                                                    
     means a structure  or part of a structure  that is used                                                                    
     [he  notes  a  typographical  error that  needs  to  be                                                                    
     corrected  from  "issued"  to "is  used"]  as  a  home,                                                                    
     residence,  or  sleeping  place,   by  one  person  who                                                                    
     maintains a  household, or by  two or more  persons who                                                                    
     maintain  a  common   household,  and  includes  mobile                                                                    
     homes.   So,  you don't  get into  the issue  of hotels                                                                    
     unless you live there permanently.   There are very few                                                                    
     people  who  live  in hotels  that  are  maintained  as                                                                    
     households, and  those people, the fire  marshals felt,                                                                    
     should be covered.   So they didn't want  to change the                                                                    
     statutes.                                                                                                                  
                                                                                                                                
Number 2075                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  agreed  with most  of  what  Representative                                                               
Gruenberg had said,  except for the transfer-of-title  issue.  He                                                               
noted the  effective date of January  1, 2005, in Version  I.  He                                                               
stated that  he is an associate  broker in a real  estate company                                                               
and he  believes that a  90-day date to require  the installation                                                               
of a carbon  monoxide detector is reasonable,  because the lender                                                               
probably  wouldn't  lend  without  a   detector  in  place.    In                                                               
addition, the appraiser  looks at it, the title  company looks at                                                               
it, and there are home inspectors  and the board of realtors.  He                                                               
sees it  as a simple matter  of sending a simple  letter to these                                                               
five or  six entities, and  this would cover notification  of the                                                               
change in the law.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG conceded that he  did not have a problem                                                               
with that particular  amendment, noting that the  House Labor and                                                               
Commerce Standing  Committee is the first  committee of referral,                                                               
and that this idea could be dealt with later.                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN agreed  to prepare an amendment  for the bill                                                               
when it comes to the House State Affairs Standing Committee.                                                                    
                                                                                                                                
CHAIR ANDERSON closed public testimony  and requested a motion to                                                               
move the CS version of HB 351 out of committee.                                                                                 
                                                                                                                                
Number 1893                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  moved  [to  report CSHB  351,  Version  23-                                                               
LS1325\I,  Bannister, 1/23/04  out of  committee with  individual                                                               
recommendations and the accompanying fiscal notes].                                                                             
                                                                                                                                
CHAIR  ANDERSON,  hearing  no  objections,  announced  that  CSHB
(L&C) was reported from the  House Labor and Commerce Standing                                                               
Committee.