Legislature(2003 - 2004)

03/17/2003 01:37 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 THOMAS  WAGONER asked for  a motion to adopt  the committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
SENATOR ROBIN TAYLOR  made a motion to adopt  Banister 3/17/03 \S                                                               
version CSSB 38 as the working document.                                                                                        
                                                                                                                                
SENATOR GEORGIANNA  LINCOLN asked if  the sponsor would  speak to                                                               
the CS.                                                                                                                         
                                                                                                                                
CHAIR WAGONER  confirmed the  sponsor would speak  to the  CS and                                                               
that there  was a  question and  answer draft  in the  packets as                                                               
well.                                                                                                                           
                                                                                                                                
SENATOR  GENE THERRIAULT  explained the  \S version  CS addresses                                                               
several  issues   discussed  at  the  previous   hearing.  For  a                                                               
transition term,  the delay  period changed  from three  years to                                                               
two years. This delay would  allow mechanical administrators time                                                               
to receive proper  training when there is a switch  from one code                                                               
to another. Language on page 3,  line 29 clarifies that the delay                                                               
period applies  only when  there is  a switch  to a  complete new                                                               
code. There would be no delay for normal code updates.                                                                          
                                                                                                                                
The larger issue of whether all  the codes should be placed under                                                               
the  oversight of  one agency  is not  addressed. He  came to  no                                                               
conclusion  himself and  was aware  that  the Administration  was                                                               
working with the agencies to come to a resolution.                                                                              
                                                                                                                                
He  remarked  the committee  could  either  wait for  a  decision                                                               
regarding  jurisdiction  or  they  could   move  the  CS  out  of                                                               
committee and allow the Labor  and Commerce Committee to continue                                                               
work on the issue.                                                                                                              
                                                                                                                                
There were no questions asked of Senator Therriault.                                                                            
                                                                                                                                
SENATOR WAGONER announced there  were several individuals waiting                                                               
to  give testimony  and  advised all  previous  testimony was  on                                                               
record.                                                                                                                         
                                                                                                                                
MR.   COLIN   MAYNARD,   Alaska   Professional   Design   Council                                                               
representative, testified via  teleconference. Although he hadn't                                                               
seen the second CS, he understands  it is similar to the first so                                                               
the  council  would  oppose  adoption.  They  don't  believe  the                                                               
mechanical code  belongs in  the Department  of Labor;  rather it                                                               
belongs with the building and fire codes.                                                                                       
                                                                                                                                
The name  change from Uniform  Code to International Code  by the                                                               
International Conference of Building  Officials (ICBO) has caused                                                               
much  confusion, but  they  are  the same  people  who have  been                                                               
writing the  mechanical code in  Alaska for the last  forty years                                                               
and  the  council sees  no  reason  for  a change.  The  question                                                               
regarding whether the  Department of Public Safety  has the legal                                                               
authority  to adopt  a mechanical  code is  curious because  they                                                               
have been  doing so for as  long as he can  remember. The council                                                               
agrees with the  task force approach to address all  the codes at                                                               
one time rather than in this piece meal process.                                                                                
                                                                                                                                
MR.  STEVE  SHOWS,  a construction  inspector,  testified  he  is                                                               
certified  by   all  uniform   and  international   code  writing                                                               
agencies. He made the following points:                                                                                         
   · Both codes have a bias and they are slightly different, but                                                                
     both are good codes                                                                                                        
   · He agreed with removing the discriminatory language that                                                                   
     would not allow the International Codes to be adopted in                                                                   
     Alaska.                                                                                                                    
   · International Codes have a public safety, health and                                                                       
     welfare bias that is very evident                                                                                          
   · National Fire Protection Association (NFPA) favors industry                                                                
     and trade organizations                                                                                                    
Because  Alaska   has  a  fragmented  approach   to  construction                                                               
regulation, he advised looking to  municipalities where codes are                                                               
seamless,  integrated, work  together and  people communicate  so                                                               
the building construction  industry and the health  and safety of                                                               
residents is at the forefront. Keep  in mind; the purpose is fair                                                               
and impartial regulation and public safety.                                                                                     
                                                                                                                                
For  over 15  years, organizations  convinced the  Legislature to                                                               
keep  the 1979  plumbing code  as the  State document  regulating                                                               
that activity  and trade. It  cost the  State 10s of  millions of                                                               
dollars a year  to administer the outdated  code that financially                                                               
benefited those who sold and installed expensive materials.                                                                     
                                                                                                                                
There was no further testimony.                                                                                                 
                                                                                                                                
SENATOR LINCOLN  asked what position Fairbanks  held regarding SB
38.                                                                                                                             
                                                                                                                                
MR.  ZACH  WARWICK,  staff to  Senator  Therriault,  advised  the                                                               
building officials continue to oppose the legislation.                                                                          
                                                                                                                                
SENATOR  LINCOLN  asked  for  information  regarding  their  main                                                               
opposition.                                                                                                                     
                                                                                                                                
MR. WARWICK explained they opposed  the time lag and because they                                                               
have  gone through  the  process  to update  their  codes to  the                                                               
International Codes, SB  38 would require the  municipality to do                                                               
additional work.                                                                                                                
                                                                                                                                
SENATOR LINCOLN  asked how much  time that additional  work would                                                               
require.                                                                                                                        
                                                                                                                                
MR.  WARWICK said  it depends  on  which code  the Department  of                                                               
Labor adopts. The  links between the International  Fire Code and                                                               
International  Building   Code  would  need  to   be  updated  to                                                               
synchronize with  the Uniform Code  if that code is  adopted, but                                                               
no additional  work would be  required if the  International Code                                                               
is adopted.                                                                                                                     
                                                                                                                                
SENATOR LINCOLN  asked if the  two year delay wouldn't  allow for                                                               
such updates.                                                                                                                   
                                                                                                                                
MR.  WARWICK  explained   there  would  be  no   delay  when  the                                                               
Department of Labor initially adopts  a particular code. If there                                                               
were code switches in the future, there would be a delay.                                                                       
                                                                                                                                
SENATOR LINCOLN  remarked NANA/Colt Engineering was  also opposed                                                               
to bill because of the shift  from one department to another. She                                                               
asked if  the sponsor  had spoken  to the  firm to  address their                                                               
concerns.                                                                                                                       
                                                                                                                                
MR. WARWICK  reported he spoke  with Mr. Moore several  times. He                                                               
added there  are opposing  views on this  issue and  probably the                                                               
only agreement is that the codes could possibly be in one place.                                                                
                                                                                                                                
SENATOR  LINCOLN   referred  to  the  sponsor's   statement  that                                                               
jurisdiction  hasn't   been  resolved.  She  asked   the  Chair's                                                               
intention.                                                                                                                      
                                                                                                                                
CHAIR  WAGONER  replied he  would  like  the Labor  and  Commerce                                                               
Committee to  work on that  aspect of the legislation.  Since the                                                               
last  hearing he  has given  some  thought to  putting the  codes                                                               
together under  the jurisdiction of the  Division of Occupational                                                               
Licensing.                                                                                                                      
                                                                                                                                
MR. WARWICK  said it is  his understanding that  division doesn't                                                               
have the  technical knowledge; they deal  primarily with training                                                               
and licensing of  the trades. They can authorize a  class under a                                                               
code, but  they don't deal  with the exact  codes. Administration                                                               
officials have  advised him  they are  arranging for  people from                                                               
the  Fire Marshall's  office,  the Department  of  Labor and  the                                                               
Governor's  office to  meet and  discuss where  the codes  should                                                               
reside. It's difficult  to find a third  neutral department where                                                               
the codes could be placed.                                                                                                      
                                                                                                                                
SENATOR KIM  ELTON asked  for clarification  that in  addition to                                                               
the  building  officials the  Fairbanks  Mayor  and City  Council                                                               
continues to oppose the bill.                                                                                                   
                                                                                                                                
MR. WARWICK  thought the Fairbanks  officials that  wrote letters                                                               
in opposition to  the legislation were speaking on  behalf of the                                                               
building officials.                                                                                                             
                                                                                                                                
SENATOR  ELTON   noted  the  committee   didn't  know   what  the                                                               
Administration's position  was and  there were  still substantive                                                               
questions and issues associated  with the legislation. The Alaska                                                               
Professional Design Council  raised a number of  questions and he                                                               
was  uncomfortable moving  the bill  prior to  receiving feedback                                                               
from the Administration and addressing those issues.                                                                            
                                                                                                                                
SENATOR TAYLOR agreed  to the extent that the  critical aspect of                                                               
the  legislation is  jurisdiction. The  critical policy  call for                                                               
the Legislature  is to decide  where the codes should  be housed.                                                               
Continuity  and one  stop shopping  that Mr.  Shows spoke  of are                                                               
critical to the building trades  and design professionals. He too                                                               
expressed a  desire to address the  jurisdictional question prior                                                               
to  moving the  bill.  The committee  already spent  considerable                                                               
time on  the bill and  moving it without  addressing jurisdiction                                                               
would waste that time and effort.                                                                                               
                                                                                                                                
CHAIR WAGONER  announced he would  hold SB 38 in  committee until                                                               
they heard  from the Governor's  Office, the Department  of Labor                                                               
and the Fire Marshall's Office.                                                                                                 
                                                                                                                                
SENATOR TAYLOR  asked the Chair to  call for objection or  a vote                                                               
then declare whether the CS was adopted or not.                                                                                 
                                                                                                                                
CHAIR WAGONER  apologized and asked  whether there  was objection                                                               
to adopting  Banister 3/17/03  \S version CSSB  38. There  was no                                                               
objection and it was so ordered. The bill was held in committee.                                                                

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