Legislature(1993 - 1994)
04/05/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 543 - UNVENTED GAS HEATERS IN RESIDENTIAL BUILDINGS CHAIRMAN VEZEY opened HB 543 for discussion. Number 027 MEL KROGSENG testified on her own behalf on HB 543. She stated HB 543 was introduced because it was learned that unvented heaters, which were once permitted, are now banned. The 1991 Mechanical Code is now the standards basis for heaters. MS. KROGSENG stated the oxygen depletion system which came about 14 years ago is now being put on unvented heaters, thereby making them a much safer product. She noted legislation is being introduced and implemented across the United States to allow the installation of unvented heaters that have passed tests for certain standards. The American National Standards Institute (ANSI) developed the standards. According to the U.S. Consumer Products Commission they are a much safer product than vented heaters. This is primarily because the vents on vented heaters are frequently improperly installed and maintained; therefore, unvented heaters are much safer. She stated HB 543 would be good for the people of Alaska because the heaters are about 98 percent efficient and there would be less propane to haul for those who regularly do. Unvented heaters are much more cost effective because heat is not lost as it would be with a vented system. CHAIRMAN VEZEY brought to the committee's attention a memorandum dated May 18, 1983, from the U.S. Consumer Products Safety Commission (CPSC). He recognized unvented heaters were not a revolutionary new technology. The memo points out, in 1979, there were an estimated 130 deaths out of an estimated 3.25 million vented heaters in use. In 1979, there were 40 deaths out of an estimated 5.25 million unvented heaters in use. He stated these facts imply that unvented heaters that meet the ANSI standards are safer than vented heaters. CHAIRMAN VEZEY moved to the Portland offnet teleconference site. KEITH KETTLER, MARKETING DIRECTOR, TEMPCO FIREPLACES, supported HB 543. He began Tempco manufactures vent free gas appliances. He stated vent free heaters are manufactured throughout the U.S. The unvented heaters come from an established industry and they have been manufactured with the oxygen depletion sensor (ODS) since 1981. He noted since 1981, 2.6 million vent free appliances equipped with the ODS have been sold in the U.S. The ODS is a requirement of ANSI which they are tested under. Based on data from the CPSC, since 1981, there has never been a documented carbon monoxide related fatality from a vent free appliance with an ODS. He noted the vent free gas heaters manufactured in the U.S. before 1981 were not equipped with the ODS. He stated, "The ODS has done to the gas industry, what circuit breakers have done to electrical safety in our homes." He expressed CPSC determined the risk carbon monoxide poisoning is six times higher from vented appliances, than from vent free. Tempco does, however, also manufacture vented appliances. MR. KETTLER referred the ANSI Z2111.2 standard which unvented heaters are tested under. The American Gas Association tests all of the products in accordance with this standard. He stated the standard is written by organizations such as the Consumers Union, International Association of Plumbing & Mechanical Officials, underwriters labs, National Fire Protection Association, United States Consumer Products Safety Commission, National Safety Council, etc... He emphasized the standard was not written by the industry. MR. KETTLER stated 2.6 million vent free heaters have now sold in the U.S., and they are selling at a rate of about 300,000 a year. Every building code in the U.S., except the one used in Alaska, allows vent free appliances. He added when he was in Alaska in the fall of 1993, he met with building officials in Anchorage, Kenai and Palmer. Based on this trip, these officials have provided him with letters that specifically allow unvented heaters as an exception to the Uniform Mechanical Code which they adopted. Number 221 CHAIRMAN VEZEY questioned if unvented heaters were specifically prohibited in the Uniform Mechanical Code. MR. KETTLER answered yes, Section 807(c) of the Uniform Mechanical Code. He noted the building officials used Section 105, referred to as the alternate materials clause, that allows them to approve alternate materials that deem to be equivalent based on suitability, effectiveness, fire resistance and safety. Number 243 CHAIRMAN VEZEY asked if HB 543 addresses unvented heaters only in residential buildings. MR. KETTLER affirmed CHAIRMAN VEZEY. Sanitariums, hospitals, hotels, dormitories and institutional settings are not included. Only residences. Number 253 CHAIRMAN VEZEY stated he believed HB 543 was modifying the Uniform Plumbing Code because fuel gas piping is considered plumbing. MR. KETTLER clarified he believed fuel gas piping refers to the gas pipe that brings the gas from the meter or another appliance, to the fireplace. He stated the Uniform Mechanical Code (UMC) particularly addresses vent free heaters. Number 270 CHAIRMAN VEZEY looked up the definition of a plumbing system under the Uniform Plumbing Code (UPC). He noted it includes fuel gas piping, water heaters and vents. He could not find where it states the appliance. Number 282 MR. KETTLER explained the UMC, Section 807(c), refers to vent free heaters not being allowed in residential occupancies. He referred to the UPC and stated, it is used by many regions where the UMC is also used. The UPC is written by the International Association of Plumbing & Mechanical Officials (IAPMO). IAPMO is a member of the ANSI committee that writes the standard for vent free heaters as proposed under HB 543. He believed Alaska adopted a good building code that has not progressed with science and technology. Being from Colorado which applies the same uniform codes, they have been doing "truckloads" of vent free fireplaces and heaters as an exception to the code based on their performance record. He explained there is no science or history to support the continued ban of an appliance which is the most efficient and safe option on the market today. Number 307 CHAIRMAN VEZEY stated his questions were more directed towards the statutes because HB 543 dealt with a more complex area. He stated the intent is to amend the state plumbing standards to provide that unvented gas space heaters are allowed in residential buildings. He questioned whether HB 543 was amending the correct statute. Number 321 REPRESENTATIVE GARY DAVIS inquired if the ODS was in the piping or in the furnace itself. CHAIRMAN VEZEY answered the ODS is in the furnace itself. Number 329 REPRESENTATIVE HARLEY OLBERG pointed out on page 1, subparagraph 2, "state building code" means, (A) is building standards, (B) is mechanical standards, (C) is plumbing standards and (D) is electrical standards. He stated HB 543 is altering (C) by adding a new subsection, Section 2, which allows vent free heaters. Number 336 CHAIRMAN VEZEY agreed. He wondered why HB 543 was trying to modify the UPC, if they were actually trying to modify the UMC. CHAIRMAN VEZEY, due to the questions about which code should be modified, decided HB 543 would be HELD IN COMMITTEE until Thursday. He noted amending the UPC was fine, but the UMC in another statute, would also need to be amended. Number 353 REPRESENTATIVE OLBERG asked why the Department of Public Safety (DPS) would adopt the UMC. Number 356 CHAIRMAN VEZEY answered the DPS administers all of the Uniform Fire Code/Building Code standards.
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