04/28/1998 05:15 PM House RLS

CSSB 269(L&C) - PLUMBING CODE                                                  
                                                                               
CHAIRMAN KOTT announced the next order of business would be CSSB
(L&C), "An Act relating to the state plumbing code; and                     
providing for an effective date," sponsored by the Senate Labor and            
Commerce Committee.  He said there is a proposed committee                     
substitute, Version B, Bannister, dated 4/24/98.                               
                                                                               
Number 008                                                                     
                                                                               
REPRESENTATIVE PORTER made a motion to adopt the proposed committee            
substitute, Version B.  There being no objection, Version B was                
before the Committee.                                                          
                                                                               
ANNETTE KREITZER, Legislative Assistant to Senator Loren Leman,                
came before the committee to explain the legislation.  She                     
explained SB 269 allows the Department of Labor to automatically               
adopt, through the regulatory process, the latest published version            
of the plumbing code.  She stated, "Throughout the hearing process             
of this bill, all of the people who are involved in the trade have             
had the opportunity to look at it, but it wasn't until after it                
moved out of the Senate Labor and Commerce Committee and through               
several other committees that we were questioned as to why Appendix            
L had been left off of the list of appendices that are adopted by              
the department ...  Appendix L has to do with alternate plumbing               
systems and we had several engineers look at Appendix L and ask                
them and ask the Professional Design Council and others to review              
the bill and see if there is anything that they would suggest to               
add to it.  But it took a long time to develop that consensus.  The            
short story is that now the professional and the engineers have                
come back and said they would prefer to have Appendix L back in the            
bill.  And so that's the one change in this committee substitute,              
page 1, line 11, where it says, 'and the appendices A through L of             
the 1997 edition of the Uniform Plumbing Code'.  Department of                 
Labor will give you their opinion on it, but what I understand is              
that they are in agreement with that change.  The second change in             
the committee substitute in on lines 5, 6 and 7, where the                     
department is allowed to adopt a later version of another                      
nationally recognized code approved by the legislature by law.                 
This precludes the opportunity for the legislature to approve a                
nationally-recognized code by resolution.  There is a memo from                
Terry Bannister from our Division of Legal Services attached, I                
believe to your committee substitute, that explains that, and the              
Senate Labor and Commerce Committee chairman is fine with these                
changes, Mr. Chairman."                                                        
                                                                               
Number 065                                                                     
                                                                               
REPRESENTATIVE PHILLIPS referred to page 1, line 6, and asked what             
the wording, "of the following publication" refers to.                         
                                                                               
MS. KREITZER explained that originally the bill read something                 
like, "and unless the department adopts by regulation a later                  
edition of the following publications."  The Uniform Plumbing Code             
is made up of several publications.  Page 2 sets out the Uniform               
(indisc.).                                                                     
                                                                               
REPRESENTATIVE PORTER asked if "subsequent" would be a better word             
than "following."  He said he thought there was a publications                 
list.                                                                          
                                                                               
MS. KREITZER said that there is a publications list on page 2.                 
                                                                               
Number 092                                                                     
                                                                               
RAY GILLESPIE, International Association of Plumbing and Mechanical            
Officials, was next to come before the committee.  He stated the               
organization he represents supports the legislation with the                   
amendment.                                                                     
                                                                               
REPRESENTATIVE PHILLIPS noted that her office received a lot of                
correspondence regarding this legislation.                                     
                                                                               
Number 113                                                                     
                                                                               
DWIGHT PERKINS, Special Assistant, Office of the Commissioner,                 
Department of Labor, came before the committee to testify.  He said            
Ms. Kreitzer pointed out the changes in the draft.  He indicated               
the committee should have a letter from Deborah Bear, Assistant                
Attorney General, which states what Ms. Bannister had said                     
regarding the word "law."  The Department of Labor does support the            
changes in Version B.  Regarding the Appendices A through L, he                
said the department intentionally left out Appendix L in beginning             
because they felt that it was a redundancy issue.  In Section                  
18.607.05 regarding the Plumbing Code, the changes refers to                   
subsection (a), paragraphs 1 and 2.  It does not change subsection             
(c), which addresses the heat exchanger, which was a big topic of              
discussion a couple of years ago.  Mr. Perkins said based on the               
discussion that was held in Alaska regarding single wall heat                  
exchangers a couple of years ago, the people who write the Uniform             
Plumbing Code did put in Appendix L, which refers to single wall               
heat exchangers.  It also refers to engineer plumbing systems.  The            
department does have a process in place to allow for the acceptance            
of engineered systems and requires a waiver process.  The                      
department felt that was redundant as well.  Mr. Perkins referred              
to Appendix L and said it addresses sizing plumbing piping using               
bathroom groups in lieu of individual fixture units.  He said when             
you take a group of bathroom fixtures, and add them all together               
instead of individually, you can actually save on the cost of                  
material for sizing a pipe; therefore, using less material and                 
saving the client or user money.  The department did feel it was               
redundant to have that in there, but they aren't in opposition to              
including it.  Mr. Perkins referred to subsection (a) and stated               
they don't have an objection to the proposed language.  He said he             
would be happy to answer any questions.                                        
                                                                               
CHAIRMAN KOTT said there were no further witnesses to testify and              
closed the public hearing.                                                     
                                                                               
Number 182                                                                     
                                                                               
REPRESENTATIVE PORTER made a motion to move HCSCSSB 269, with                  
individual recommendations and with the attached fiscal notes.                 
There being no objection HCSCSSB 269(RLS) moved out of the House               
Rules Standing Committee.