Legislature(1993 - 1994)
04/21/1994 09:01 AM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
The Senate Community & Regional Affairs Committee was called to order by Chairman Randy Phillips at 9:01 a.m. He brought CSHB 543 (STA) (UNVENTED GAS HEATERS IN RESIDENTIAL BLDGS) before the committee as the first order of business, and opened the hearing to testimony over the teleconference network. Number 055 JACK MCGARY, State Fire Marshall, Division of Fire Prevention, Department of Public Safety, Anchorage, said when the legislation was originally introduced, the department did not take a position on it, however, after a lot of research on the bill, he has changed his position and he does not want to see the state code that affects major residential facilities changed. There is a lot of concern about the manufacturer's instructions requiring the combustion air of 15 square inches being made available so that this heater will get its proper oxygen. In the extreme cold areas, he does not see this happening, so the fire and safety and, primarily, the health concerns for Alaska, where construction is very tight to try to keep cold weather out, is of major concern to him. Number 095 STEVE O'CONNOR, Assistant Chief, Central Emergency Services, Soldotna, stated concern that the legislation presents a large fire/life safety issue. He questioned why the product is safe enough for single family dwellings, but not safe enough for use in four-plexes or better. He added that he shares the fire marshall's concerns about the types of construction and the lack of combustion air space around the unvented heater. He also is concerned about the affect of carbon monoxide, particularly on young children and senior citizens. He urged the defeat the legislation. Number 130 KEITH KETTLER, Kettler Enterprises, Longmont, Colorado, said he has heard the concerns, but he has not heard any data or any evidence to support any of it. Number 140 RON SMITH, Design Engineer and Chairman of the Direct Heating Division of the Gas Appliance Manufacturers' Association (GAMA), testifying from Virginia, said they meet the same requirements as all vented room heaters and other types of appliances. They also adopt the requirement as other gas appliances as far as the adequate combustion for any gas appliance. He pointed out that the appliance has a Oxygen Depletion Sensing (ODS) System, and if low levels of oxygen are present in the proximity of the ODS system, the flame extinguishes. If the appliance is tampered with, it has a tendency to shut off on a nuisance condition. Also, the appliance, as far as its safety, would not be any different in its use in multiple family dwellings and apartments as it would be for a single family dwelling. Number 200 SENATOR TAYLOR asked if in the history of sales and use of this device, has there ever been a fatality, and RON SMITH responded that there has not. Number 250 JOSEPH MATTINGLY, Director of Government Affairs and General Counsel, GAMA Headquarters, testifying from Arlington, Virginia, stated the safety for the vent-free room heaters has been excellent, and they do not know of any deaths caused by a ODS equipped vent-free room heater. There experience has been that the safety record of the vent-free product is superior to that of the vented product. Number 267 ROBERT MAXWELL, Executive Director, Interior Weatherization, Fairbanks, said he has done air tightness testing on over 3,000 dwellings all across the State of Alaska, and the air tightness of dwellings in Alaska, even low income dwellings and poorly constructed dwellings, is much higher than dwellings in the Lower 48. He pointed out that carbon monoxide is the number one cause of poisoning in the United States, and Alaska has the highest per capita death rate in the nation. Many of the poisoning deaths in Alaska can be traced to the use of gas appliances to heat the home during cold weather. He urged the defeat of HB 543. Number 333 SUE WALKER, Chairperson, Gas Appliance Manufacturers Association, testifying from Arlington, Virginia, said that since 1980 there have been approximately 2.8 million vent-free gas heaters sold and installed in homes in the United States and there are no documented deaths due to CO poisoning associated with the use of an ODS system appliance. She added that it is very much a fail safe device and, at this time, 43 of 50 states permit the installation of vent-free heaters. The real key in the use of vent-free heaters is proper installation and adhering to combustion air requirements, and the National Fuel Gas Code is very specific on how much combustion air is required for all gas appliances. Number 395 SENATOR LEMAN asked how many states have adopted the Uniform Mechanical Code. SUE WALKER answered that only a few states have adopted a Uniform Mechanical Code, primarily states west of the Rockies. It is her understanding that most states adopt a primary code and then make all sorts of exceptions and adaptations that take into a lot of special considerations of their environment, building practices, etc. Number 434 KEITH KETTLER agreed that there are several states where various municipalities and counties in the state have made an exception to the code on an individual basis to allow ODS equipped vent-free appliances. In Alaska, the Municipality of Anchorage and the City of Kenai have provided an exception to the Uniform Mechanical Code to allow the installation of the product. He expressed his surprise that the state with the highest per capita fatality rate from carbon monoxide would not pass a bill to allow a product that has a perfect safety record. Number 460 BURGAIN MAELER, representing a company in Tennessee that invented and manufactures the Oxygen Depletion Sensing System, stated that they have well over 12 million of them that have been produced and no reports back to them of any deaths attributable to the ODS. The system is designed so that it is a fail safe system. They have seen no problems or issues where the safety of the system has been circumvented. Number 475 SENATOR TAYLOR asked if in light of the high number of fatalities in Alaska and the testimony before the committee that those are often caused by gas ranges being inappropriately used, would he recommend that the Alaska Legislature mandate that ODS devices be installed on every gas range in the state. BURGAIN MAELER agreed that it would be a good idea. Number 485 MIKE DOLPH, Alaska Fire Chiefs Association, Anchorage, said the association believes there is a substantial threat to carbon monoxide poisoning with the use of these appliances, because they will not be properly installed and will not be properly used in accordance with the recommendation of the manufactures. He said the Alaska Fire Chiefs Association would like to go on record with unanimous strong opposition to the passage of HB 543. Number 546 SENATOR TAYLOR asked if the Alaska Fire Chiefs Association supports the installation of ODS devices on gas appliances in Alaska. MIKE DOLPH replied that he does not think the association has taken a particular stand on the issue. Number 549 BILL HALTERMAN, Suburban Propane, Anchorage, stated his main concern is that the units will be installed ignoring the manufacturer's requirements for free air. He believes that they will be used in small bush cabins where they will be competing for available oxygen. Also, he believes the ODS can be defeated and they will become a hazard. Mr. Halterman informed the committee that the Municipality of Anchorage has approved only one type of gas appliance with an ODS and that is for a decorative fireplace. Number 586 LEE HOLMES, a registered mechanical engineer testifying from Anchorage, said witnesses from GAMA have stated that the key is a proper installation and combustion air requirement. He has visited over 2,000 homes throughout rural Alaska, and he said he can guarantee that there is not a proper combustion air requirement in one percent of those houses. TAPE 92-31, SIDE B Number 012 Mr. Holmes said there is a proper procedure for amending the codes, and the manufacturers association would be better of spending their time addressing the Uniform Mechanical Code and should have been talking to the state fire marshall a year ago before the state amendments to the Uniform Mechanical Code were adopted. Number 048 GEOFF FEILER, representing Heat Loss Analysis in Anchorage, a business that conducts energy audits in the State of Alaska, responded to inquiries made by Senator Taylor as to the extent of use of gas refrigerators, gas stoves and gas dryers in residences. He said in all of the homes their company has inspected, he has never seen a gas refrigerator. Most gas stoves require that there be a range hood over them that vents to outside, and the same holds true for gas dryers. He voiced his opposition to the use of unvented gas appliances in homes. He disagreed with a previous speaker's comments that there are very few of these unvented heaters installed on an unprofessional basis compared to vented heaters. He said the vented heaters take more expertise for installation. Mr. Feiler related that their company regularly tests homes that have only about 100 CFM natural air leakage, and this is fairly common, especially in new construction. With a 10,000 Btu unvented space heater, there would have to be 500 CFM according to the requirement of 50 CFM per thousand Btu, so most of the homes they test would not have the natural air leakage required to do this. Number 155 RON SMITH commented that if the proper ventilation or combustion air is not provided, the ODS is the safety device on the appliance to counter that particular condition and will shut the unit off. Number 190 KEITH KETTLER, responding to the concern of outside combustion air being blocked off, said the simple fact is that with a vented product, if there is not adequate combustion air because somebody has it blocked off, it causes a negative pressure in a house which causes spillage which means the chimneys don't work and that is how people end up with carbon monoxide poisoning. With a vent-free appliance, if that were to happen to the unlikely degree that oxygen were to be depleted at 18 percent, the ODS would simply shut off the gas appliance and there would not be a fatality. Mr. Kettler also pointed out that a specific in the ANSI standard is that there cannot be any adjustment to the ODS system in an appliance. He further pointed out that the combustion air requirements on gas-fuel appliances are in Chapter 6 of the Uniform Mechanical Code, and it is very clear it requires 50 cubic feet of free air space per thousand Btu per hour. SUE WALKER added that GAMA has sent to the committee an extensive table of how combustion air can be calculated, and she clarified that with regard to vent-free heaters, they are not necessarily talking about creating any sort of opening that brings in fresh air. If there is adequate volume of space in the room or the rooms to be heated, then no outside air source needs to be created. Number 315 LEE HOLMES clarified that he is on the Municipality of Anchorage's Uniform Mechanical Code Amendment Committee, and that committee did allow decorative fireplaces with the ODS to be installed in the municipality. The unvented heaters being discussed are not allowed in the Municipality of Anchorage. Number 385 RICHARD BARNES, President of Enstar Natural Gas Company, testifying in Juneau, stated that if HB 543 passes, Enstar, along with the propane distributors, would probably pick up some additional revenues that they otherwise wouldn't get, and they welcome new business, but safety to them is an overriding concern. They spend a lot of money each year trying to prevent carbon monoxide deaths. Mr. Barnes outlined the following objections to vent-free appliances: (1) Relying on inside ventilation is not realistic. (2) The safety device that shuts the heater off when oxygen is depleted does not shut it off if carbon monoxide is produced. (3) The heater, if it passes the ANSI standard, would be nearly six times the amount that OSHA says there should be for maximum allowable concentration. Mr. Barnes also demonstrated to the committee how a oxygen depletion sensor device could easily be impaired with a simple paper clip. Number 586 JIM MURPHY, Executive Director, American Lung Association of Alaska, stated that with Alaska having the highest per capita death from CO, they are very concerned about the fact that there will be more CO indoors. The serious problem they have is that people don't follow directions, they don't pay attention - when it's cold they try to get warm. Also, the ODS is not a CO detector and does not respond specifically to carbon monoxide. Further, directions on the devices that he has researched so far talk about the need for a yearly cleaning by a certified person, and the reality in Alaska is that it is not going to happen. Concluding his comments, he said he thinks these appliances do have a place, but they don't belong in Alaska. Number 675 JOSEPH EASAW, staff to Representative Al Vezey, stated deaths related to vented gas heaters and appliances can be documented with statistics and facts, and it cannot be documented against the devices being addressed in HB 543. TAPE 94-32, SIDE A Number 001 Mr. Easaw continued to respond to various issues brought up by witnesses testifying in opposition to HB 543. Number 086 SENATOR RANDY PHILLIPS closed the public hearing and stated CSHB 543(STA) would be held in committee.
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