Legislature(2003 - 2004)
01/23/2004 03:21 PM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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 351(L&C) was reported from the House Labor and Commerce Standing Committee.