Legislature(2021 - 2022)GRUENBERG 120

03/10/2022 03:00 PM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 396 DIVEST INVESTMENTS IN RUSSIAN ENTITIES TELECONFERENCED
Heard & Held
*+ HB 218 SMOKE/FIRE DAMPERS & SMOKE CTRL SYSTEMS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
         HB 218-SMOKE/FIRE DAMPERS & SMOKE CTRL SYSTEMS                                                                     
                                                                                                                                
4:37:37 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would  be SPONSOR  SUBSTITUTE FOR  HOUSE  BILL NO.  218, "An  Act                                                               
relating to  the inspection  and testing  of fire  dampers, smoke                                                               
dampers, combination  fire and smoke  dampers, and  smoke control                                                               
systems; and providing for an effective date."                                                                                  
                                                                                                                                
4:38:53 PM                                                                                                                    
                                                                                                                                
JENS SCHURIG,  Organizer, Sheet Metal Workers  Local 23, provided                                                               
a PowerPoint presentation on  ventilation verification and energy                                                               
optimization during the  hearing on SSHB 218.  He  began on slide                                                               
2, which read as follows [original punctuation provided]:                                                                       
                                                                                                                                
     What is the Fire & Life Safety Ecosystem?                                                                                  
                                                                                                                                
       The Fire & Life Safety Ecosystem has 8 components;                                                                       
      each plays a critical role in protecting people and                                                                       
     property.                                                                                                                  
                                                                                                                                
MR  SCHURIG   noted  that  the   8  components   were  government                                                               
responsibility, development and use  of current codes, referenced                                                               
standards,   investment  in   safety,  skilled   workforce,  code                                                               
compliance,  preparedness and  emergency  response, and  informed                                                               
public.  Essentially, he said,  SSHB 218 would raise the standard                                                               
for  those who  test and  inspect  fire smoke  dampers and  smoke                                                               
control systems to include special  training, a proctor exam, and                                                               
certifications by the American National  Standards Institute.  He                                                               
noted  that currently,  the break  in  the Fire  and Life  Safety                                                               
Ecosystem illustrated on slide 2 was an untrained workforce.                                                                    
                                                                                                                                
4:42:51 PM                                                                                                                    
                                                                                                                                
MR.  SCHURIG proceeded  to describe  the photos  on slides  3-14,                                                               
which depicted various examples of faulty inspections.                                                                          
                                                                                                                                
4:46:02 PM                                                                                                                    
                                                                                                                                
MR.  SCHURIG  continued  to  slide  15,  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     But we have Sprinklers                                                                                                     
                                                                                                                                
        • According to the National Fire Protection                                                                             
          Association (NFPA), smoke travels at 120-420 feet                                                                     
          per minute (fpm) during an active fire.                                                                               
        •  Statistics show that approximately 70 percent of                                                                     
          all building-related deaths are associated with                                                                       
          smoke inhalation.                                                                                                     
        •  Most victims are not located in the same room as                                                                     
          the fire's origin.                                                                                                    
                                                                                                                                
MR. SCHURIG turned  to slide 16, which read  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     What does HVAC have to do with Fire Life Safety?                                                                           
                                                                                                                                
        • HVAC systems penetrate every occupied space in a                                                                      
          building                                                                                                              
        • Potentially could convey fire, lethal smoke,                                                                          
          toxic gasses throughout structure                                                                                     
        • Operation of dampers within HVAC system to                                                                            
          control flow and movement of these items is                                                                           
          critical to the safety of occupants within any                                                                        
          structure.                                                                                                            
        • Can water put out smoke?                                                                                              
        • Fire sprinklers save property.                                                                                        
                                                                                                                                
MR. SCHURIG continued to slide 19  and deferred to Mr. Hammond to                                                               
expound on the extent of the problem.                                                                                           
                                                                                                                                
4:47:35 PM                                                                                                                    
                                                                                                                                
SCOTT HAMMOND,  Director of Research, National  Energy Management                                                               
Institute Committee,  explained that  last year, NEMIC  worked in                                                               
collaboration  with  the  University  of Maryland  to  oversee  a                                                               
research  project that  determined  the reliability  of fire  and                                                               
smoke  dampers.   The  research  indicated  that 1,401  buildings                                                               
containing  170,354 fire  or smoke  dampers of  which 81,038,  or                                                               
47.5 percent,  were in need  of repair; further, there  were over                                                               
3,000 dampers were completely inoperable.                                                                                       
                                                                                                                                
4:49:31 PM                                                                                                                    
                                                                                                                                
MR.  SCHURIG   resumed  the  presentation  on   slide  23,  which                                                               
addressed local code.  International  Fire Code (IFC) code called                                                               
for an inspection one year  after the initial acceptance testing,                                                               
and  every  four  years  in   buildings  with  the  exception  of                                                               
hospitals, which called for every six  years.  He noted that many                                                               
people  were  in violation  of  these  codes  due  to a  lack  of                                                               
knowledge.                                                                                                                      
                                                                                                                                
4:50:43 PM                                                                                                                    
                                                                                                                                
MR. SCHURIG turned  to slide 25, which read  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Juneau, AK                                                                                                                 
                                                                                                                                
     Adopts the 2012 International Fire Code                                                                                    
                                                                                                                                
        • Chapter 19.10 - FIRE CODE                                                                                             
        •  19.10.010 - International Fire Code (IFC)                                                                            
          adopted.                                                                                                              
        •  For the purpose of regulating the storage,                                                                           
          handling   and   use  of   hazardous   substances,                                                                    
          materials   and  devices   and  other   conditions                                                                    
          hazardous  to  life  or property  in  the  use  or                                                                    
          occupancy  of buildings  or  premises or  portions                                                                    
          thereof in the City  and Borough, there is adopted                                                                    
          by  reference as  the fire  code of  the City  and                                                                    
          Borough  that  certain  compilation of  rules  and                                                                    
          regulations jointly prepared  and published by the                                                                    
          International    Code   Council,    a   nationally                                                                    
          recognized  professional  and trade  organization,                                                                    
          which compilation is  entitled "International Fire                                                                    
          Code,  2012 Edition,"  (IFC) and  once copy  which                                                                    
          has  been filed  in  the office  of the  municipal                                                                    
          clerk  of  the  City  and Borough  or  such  other                                                                    
          places as  designated by  the municipal  clerk for                                                                    
          public use,  inspection and examination  and which                                                                    
          compilation is made  a part of this  chapter as if                                                                    
          fully set  forth in this section,  subject only to                                                                    
          the  enumerated additions,  deletions and  changes                                                                    
          in this chapter.                                                                                                      
                                                                                                                                
MR. SHURIG continued  to slide 26, noting  that Anchorage, Alaska                                                               
had adopted the 2018 IFC.                                                                                                       
                                                                                                                                
4:51:13 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS  sought to  confirm  that  Mr. Schurig  was                                                               
suggesting  that  there  were  existing  rules  and  regulations;                                                               
however,  there  was  a  high  failure rate  in  terms  of  those                                                               
standard being met.                                                                                                             
                                                                                                                                
MR. SCHURIG answered yes.                                                                                                       
                                                                                                                                
4:51:49 PM                                                                                                                    
                                                                                                                                
MR.  SCHURIG jumped  to  slide 33  and touched  on  the topic  of                                                               
access,  noting  that, often  times,  it  was insufficient.    He                                                               
turned to  slide 37, which  addressed labeling  requirements, and                                                               
emphasized  the   importance  of  labeling  during   testing  and                                                               
inspection.   He  discussed quality  control on  slide 38,  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     For inspection  and testing of fire  and Smoke Dampers,                                                                    
     employ only  persons who are  certified to  inspect and                                                                    
     test  fire and  Smoke  Dampers  and hold  certification                                                                    
     from the  International Certification  Board as  a HVAC                                                                    
     Fire   Life  Safety   Technician   through  a   program                                                                    
     accredited by ANSI under the ISO/IEC 17024 standard.                                                                       
                                                                                                                                
4:53:31 PM                                                                                                                    
                                                                                                                                
MR.  SCHURIG concluded  the presentation  by briefly  summarizing                                                               
slides 39-44 and welcoming questions from the committee.                                                                        
                                                                                                                                
4:54:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  why the  requirements for  hospitals                                                               
differed from  regular buildings  [6-year inspections  instead of                                                               
4-year].                                                                                                                        
                                                                                                                                
MR.  SCHURIG  explained  that hospitals  were  required  to  have                                                               
inspections on  file to maintain  Medicare and  Medicaid funding;                                                               
therefore,  they  were  given  a break  due  to  their  stringent                                                               
inspection policy.                                                                                                              
                                                                                                                                
REPRESENTATIVE VANCE inquired about  the buildings under a 4-year                                                               
cycle  and asked  whether  there was  any  leverage to  requiring                                                               
inspections.                                                                                                                    
                                                                                                                                
MR. SCHURIG said the leverage was code.                                                                                         
                                                                                                                                
4:56:17 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS asked what the bill would do.                                                                              
                                                                                                                                
4:57:00 PM                                                                                                                    
                                                                                                                                
MIKE  MASON,  Staff,  Representative  Chris  Tuck,  Alaska  State                                                               
Legislature,  provided  an  explanation  of  changes  [hard  copy                                                               
included in the  committee packet] in the  proposed CS, ("Version                                                               
W"), for  SSHB 218, which  read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
                                                                                                                                
      Page 2,  lines 19-20: Following the  word "program" on                                                                  
     line  19,   the  CS  inserts  "a   mechanical  engineer                                                                    
     registered under  AS 08.48, a fire  protection engineer                                                                    
     registered under AS 08.48."                                                                                                
                                                                                                                                
     The addition of this  language adds properly registered                                                                    
     mechanical  engineers  and   properly  registered  fire                                                                    
     protection engineers  to the  list of persons  that can                                                                    
     conduct  the inspection  and testing  of fire  dampers,                                                                    
     smoke dampers, combination fire  and smoke dampers, and                                                                    
     smoke control systems in Alaska.                                                                                           
                                                                                                                                
4:58:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR moved to adopt  the proposed CS for SSHB 218,                                                               
labeled  32-LS0931\W,  Bannister,  3/7/22, as  working  document.                                                               
There being no objection, Version W was adopted.                                                                                
                                                                                                                                
4:58:31 PM                                                                                                                    
                                                                                                                                
MR.  MASON provided  an overview  of the  bill, paraphrasing  the                                                               
sponsor statement [included in the  committee packet], which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     As  a result  of  Alaska's cold  climate, nearly  every                                                                    
     commercial,  industrial, and  public  building must  be                                                                    
     heated. The  goal of House  Bill 218 is to  ensure that                                                                    
     the fire  life safety  components as  part of  the HVAC                                                                    
     systems   in  these   buildings   are  functioning   as                                                                    
     designed. These components  include fire dampers, smoke                                                                    
     dampers,  and smoke  control  systems.  House Bill  218                                                                    
     requires  technicians  and   contractors  to  obtain  a                                                                    
     certification  recognized  by   the  American  National                                                                    
     Standards  Institute  (ANSI)  under the  ISO/IEC  17024                                                                    
     standard  to perform  inspections and  testing of  fire                                                                    
     dampers, smoke dampers, and smoke control systems.                                                                         
                                                                                                                                
     Alaska  law  follows  the International  Fire  Code  by                                                                    
     requiring the  HVAC fire life safety  components within                                                                    
     the commercial, industrial, and  public buildings to be                                                                    
     inspected  and  tested  consistent with  the  developed                                                                    
     standards of  the National Fire  Protection Association                                                                    
     (NFPA). Currently, sprinkler  systems, fire alarms, and                                                                    
     fire  extinguishers  in  Alaska   are  inspected  by  a                                                                    
     technician  and/or contractor  that must  be certified.                                                                    
     House Bill  218 would create a  similar requirement for                                                                    
     a  technician  and/or  contractor to  perform  periodic                                                                    
     inspections of  fire dampers, smoke dampers,  and smoke                                                                    
     control systems.                                                                                                           
                                                                                                                                
     NFPA  standards  80  and 105  require  fire  and  smoke                                                                    
     dampers  to be  inspected  within one  year of  initial                                                                    
     installation  and every  four years  thereafter, except                                                                    
     for hospitals  which must be  inspected once  every six                                                                    
     years.  NFPA  standard   92  requires  dedicated  smoke                                                                    
     control systems to be tested  every six months and non-                                                                    
     dedicated smoke control systems to be tested annually.                                                                     
                                                                                                                                
     House Bill 218  is a public safety bill  that will help                                                                    
     ensure   that  the   heating,   ventilation,  and   air                                                                    
     conditioning fire  life safety components  utilized and                                                                    
     installed   in  commercial,   industrial,  and   public                                                                    
     structures  in  Alaska are  safe  and  in good  working                                                                    
     order.                                                                                                                     
                                                                                                                                
5:03:28 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that SSHB 218, Version W, was                                                                    
held over.                                                                                                                      

Document Name Date/Time Subjects
HB 218 Presentation by Jens Schurig 03.07.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Sectional Analysis 1.26.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Sponsor Statement 01.17.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Version G 1.26.2022.PDF HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Version W (work draft for CS).pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Fiscal Note DPS-FLS 03.04.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Hearing Request 1.26.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Legal Services Memo 22-112lme.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Letters of Support Received by 03.06.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Explanation of Changes Version G to Version W 03.09.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 396 Version A.PDF HSTA 3/10/2022 3:00:00 PM
HB 396
APFC Board Statement on Russian Holdings _200303.pdf HSTA 3/10/2022 3:00:00 PM
HB 396
APFC Summary of Russian Holdings_200303.pdf HSTA 3/10/2022 3:00:00 PM
HB 396
Presentation re Divestment regarding Russian Entities - DOR Treasury 031022.pdf HSTA 3/10/2022 3:00:00 PM
HB 396
HB 218 Letter of Opposition - 2022 APDC Position Statement 03.10.22.pdf HSTA 3/10/2022 3:00:00 PM
HB 218
HB 218 Testimony Scott Hammond 03.09.2022.pdf HSTA 3/10/2022 3:00:00 PM
HB 218