Legislature(2003 - 2004)

02/26/2003 01:35 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                SB  38-ADOPTION OF SAFETY CODES                                                                             
                                                                                                                              
CHAIR  WAGONER  announced  there   was  a  work  draft  committee                                                               
substitute (CS)  in the packets.  The hearing was intended  to be                                                               
informational; members  could address  questions to  the sponsor,                                                               
but public  testimony would be  taken at  a later time.  The bill                                                               
would not move from committee that  day. He asked for a motion to                                                               
adopt the draft and for the sponsor to explain the substitute.                                                                  
                                                                                                                                
SENATOR  GARY STEVENS  made  a motion  to adopt  CSSB  38 as  the                                                               
working document.                                                                                                               
                                                                                                                                
There being no objection it was so ordered.                                                                                     
                                                                                                                                
SENATOR GENE  THERRIAULT, sponsor  of SB  38, apologized  for not                                                               
having the CS available sooner.                                                                                                 
                                                                                                                                
Last  session  a  number  of   bills  were  introduced  regarding                                                               
building  code issues,  but none  came to  fruition. A  Fairbanks                                                               
group approached  him this year and  asked him to push  the issue                                                               
to  a  final  resolution.  [See sponsor  statement  in  committee                                                               
file.]                                                                                                                          
                                                                                                                                
In  Alaska, construction  safety  codes are  divided between  two                                                               
departments.  Fire, building,  and  mechanical contracting  codes                                                               
are under the jurisdiction of  the fire marshal at the Department                                                               
of  Public Safety  (DPS) while  the electrical  and the  plumbing                                                               
codes are housed  in the Department of Labor  (DOL). Recently the                                                               
fire marshal  elected to switch  from the Uniform Code  family to                                                               
the  International  Code  family,  which triggered  a  number  of                                                               
problems.                                                                                                                       
                                                                                                                                
The CS  proposes to move the  mechanical codes in with  the other                                                               
building trade  codes and  to leave the  building and  fire codes                                                               
with  the Department  of  Public  Safety. Individuals  performing                                                               
plumbing,  electrical  and  mechanical  job  functions  must  all                                                               
participate  in  continuing  training to  maintain  certification                                                               
where building  and fire  codes have  design phase  public safety                                                               
application. Further  justifying the  switch is  that information                                                               
from  the  Department  of   Community  and  Economic  Development                                                               
Division  of   Occupational  Licensing  regarding   statutes  and                                                               
regulations for mechanical  administrators indicates plumbing job                                                               
functions  are a  subset of  mechanical  functions. Meshing  code                                                               
requirements from two departments is problematic at best.                                                                       
                                                                                                                                
To  save  project time  and  money,  the  CS allows  any  project                                                               
started  under  the  international mechanical  code  to  continue                                                               
under those  codes to completion. Additionally,  the workforce is                                                               
allowed time to  retrain because new safety codes  would not take                                                               
effect until three years after adoption.                                                                                        
                                                                                                                                
Understandably, turf  battles exist between  departments, between                                                               
segments of  organized labor, and between  individuals that write                                                               
the codes. Because  the complexities of the  issue are extensive,                                                               
it is time for legislators  to understand the implications of the                                                               
issue and make a policy decision.                                                                                               
                                                                                                                                
He asked if there were any questions.                                                                                           
                                                                                                                                
SENATOR  ELTON asked  whether the  CS  adequately addresses  turf                                                               
battles  to  get away  from  conflicts  that  may extend  to  the                                                               
authority of  plumbers to  outside the  building into  areas that                                                               
are traditionally handled by other sectors of the labor market.                                                                 
The CS shifts the mechanical  code authority to the Department of                                                               
Labor,  but  it  doesn't   necessarily  change  the  relationship                                                               
plumbers  may have  with individuals  that are  doing underground                                                               
work outside a building. He asked if that was correct.                                                                          
                                                                                                                                
SENATOR THERRIAULT  said it  was not his  intent to  shift duties                                                               
individuals could perform.                                                                                                      
                                                                                                                                
SENATOR ELTON referred to the  transition period addressed in the                                                               
CS  and  asked how  a  transition  period  was handled  when  the                                                               
Department   of   Public   Safety   shifted   from   Uniform   to                                                               
International Codes.                                                                                                            
                                                                                                                                
SENATOR THERRIAULT replied he wasn't  certain and that would be a                                                               
good  question  to  address  to   the  department  directly.  The                                                               
authority  by  which  DPS  adopted  the  International  Code  was                                                               
challenged, but  the statute was  confusing because it  refers to                                                               
the uniform  code and the  courts interpreted the  word "uniform"                                                               
to be  generic saying  it spoke  of a  code not  specifically the                                                               
Uniform Code. If there was a  transition period, part of it might                                                               
have  been used  up by  the litigation  during which  time people                                                               
weren't sure  whether to retrain  or not. Other areas  in statute                                                               
speak  specifically of  the Uniform  Code, which  points out  the                                                               
need to clarify terminology.                                                                                                    
                                                                                                                                
SENATOR  ELTON   asked  whether  the  statutory   conflicts  were                                                               
addressed in the CS.                                                                                                            
                                                                                                                                
SENATOR THERRIAULT  admitted they weren't addressed  but could be                                                               
depending on the legislative policy call.                                                                                       
                                                                                                                                
SENATOR ELTON  commented the  letter from  the City  of Fairbanks                                                               
was strongly worded and he  wondered whether the CS addresses the                                                               
concern  that  local  government  should have  the  authority  to                                                               
establish practices they think are best for themselves.                                                                         
                                                                                                                                
SENATOR THERRIAULT  replied it was  his intent to  preserve local                                                               
control as  much as  possible. He  did want  the fire  marshal to                                                               
respond to the impact of allowing local control.                                                                                
                                                                                                                                
SENATOR  LINCOLN   said  she  had  similar   concerns  about  the                                                               
resolution from  the City of  Fairbanks. Since the bill  would be                                                               
heard in this  committee again, she said she would  submit a list                                                               
of  questions to  the sponsor's  office.  She hoped  some of  the                                                               
concerns could be incorporated in an amendment.                                                                                 
                                                                                                                                
SENATOR  STEVENS  asked for  assurance  there  was no  intent  to                                                               
reduce or consolidate inspectors in the plan.                                                                                   
                                                                                                                                
SENATOR THERRIAULT said  the intent was to move  the authority to                                                               
oversee and adopt  a particular set of codes  from one department                                                               
to another.                                                                                                                     
                                                                                                                                
He  advised occupational  licensing  has  expressed concerns  and                                                               
would like to be included in further discussions.                                                                               
                                                                                                                                
CHAIR WAGONER announced  the bill would be held  in committee and                                                               
the public could get a copy of the CS by contacting his office.                                                                 

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