Legislature(1997 - 1998)

03/03/1998 01:38 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                      SB 269 - PLUMBING CODE                                   
                                                                               
CHAIRMAN LEMAN announced SB 269 to be up for consideration.                    
                                                                               
SENATOR MACKIE moved to adopt the committee substitute to SB 269.              
There were no objections and it was so ordered.                                
                                                                               
MS. ANNETTE KREITZER, Staff to the Labor and Commerce Committee,               
reviewed the proposed committee substitute.  The bill as previously            
written had two problems.  First, the Northern Lights case vs.                 
Sweeney means you can't delegate the authority or the public notice            
provisions of law in terms of adopting publications year after                 
year.  The bill had to be rewritten to meet the problems that were             
presented in that case.  The second amendment begins on line 13                
which Mr. Doug Green would discuss.                                            
                                                                               
Number 270                                                                     
                                                                               
MR. DWIGHT PERKINS, Special Assistant, Department of Labor,                    
concurred with naming the various codes and the dates being the                
wisest thing to do and had no opposition to the proposed committee             
substitute.                                                                    
                                                                               
MR. DONALD LAUGHLIN, Director of Administration, International                 
Association of Plumbing & Mechanical Officials (IAPMO) read his                
letter which said that they have published the Uniform Plumbing                
Code (UPC) since the early 1950's and Alaska has adopted it for                
years.  The 1997 edition is the most technologically advanced                  
plumbing code ever published.                                                  
                                                                               
IAPMO and its co-sponsors, the National Association of Plumbing,               
Heating, Cooling Contractors (NAPHCC), and the Mechanical                      
Contractors Association of American (MCAA) utilize an industry                 
consensus process to develop and maintain the provisions contained             
in the UPC.  Then all effected parties have the opportunity to vote            
on amendments made to the Code.  It is updated annually and                    
published every three years.                                                   
                                                                               
Number 325                                                                     
                                                                               
MR. PETER JURSACK, State Plumbing Inspector, Department of Labor,              
said he supported adopting Appendix 29 of the 1997 Uniform Plumbing            
Code rather than Table 4-1.  He thought the Department of Labor                
could work with either of those tables as there are pros and cons              
to both of them.  The Uniform Building Codes has an occupancy rate             
which allows them determine the number of facilities for a certain             
type of occupancy.  It also allows flexibility for smaller types of            
businesses where it is needed and eliminate confusion with the                 
engineering and design community.                                              
                                                                               
CHAIRMAN LEMAN asked to reduce the chance of someone misusing the              
table, couldn't the  97 UPC be provided with a warning sticker on              
it with reference to the UBC table.                                            
                                                                               
MR. JURSACH said he thought something could be done.                           
                                                                               
Number 377                                                                     
                                                                               
MR. DOUG GREEN, Anchorage Architect, said he is a member of the                
Alaska Professional Design Council.  He felt that it's definitely              
in the best interests of the design community and the State of                 
Alaska to adopt the Uniform Building Code fixture schedule.  The               
main reason they see this as important is typically Juneau,                    
Anchorage, and Fairbanks  do the same amendment for uniformity                 
throughout the State, but as you move out of the urban areas,                  
plumbing fixtures become a very important item in the design of any            
building.  It has been historically the case and currently so that             
the Uniform Plumbing Code creates a larger fixture count in these              
buildings than are necessary.  This is because the it is determined            
upon exiting requirements.  One of the problems he has with that               
table is that it says the optimum load shall be determined by                  
minimum exiting requirements and doesn't reference anywhere for                
that requirement.  Typically, you have to go back to the Uniform               
Building Code to get those requirements, anyway.  These numbers are            
intended to generate safety for exiting purposes, not for plumbing             
counts.  The Building Code is much more integrated as a tool to                
utilize the occupant load calculations to determine the number of              
occupants utilizing a building than for the fixture count in the               
toilet room.  It has historically required fewer toilets which in              
the bush is a big plus, because they require more water and waste              
handling systems which are a premium out there.  He strongly                   
supported the amendments in the committee substitute.                          
                                                                               
MR. PERKINS said the Department supports the bill as written.  He              
suggested amending some language within the Code that refers to                
Table 1 on page 1, line 13 as "excluding 41.3.1 and...."  which                
directs you to Table 4-1, a cleanup issue.                                     
                                                                               
Number 435                                                                     
                                                                               
MR. GREEN agreed with that amendment.                                          
                                                                               
CHAIRMAN LEMAN said a better approach would be to reference the new            
table by leaving in the language and where it says "Table 4-1"                 
insert "Table 8-29-A."                                                         
                                                                               
MR. PERKINS said that would be O.K.                                            
                                                                               
MR. AL DWYER, Director, Labor Standards and Safety, said the books             
are sold state-wide and they wouldn't be able to revise them.  He              
thought the best thing would be in the statute delete 4.13.1 and               
they would not have to renumber the rest of the Code Book.                     
                                                                               
CHAIRMAN LEMAN asked if they needed a reference to the other table.            
                                                                               
MR. DWYER said they could do that in the statute.  They talk to                
most journeymen plumbers and administrators in their seminars where            
this can be brought up.                                                        
                                                                               
MR. PERKINS thought it might be less confusing if they delete it in            
statute and then when the Division goes into the communities with              
their courses, they bring the most recent edition of the Uniform               
Building Code.  Then he noted there would be no reference to the               
table anywhere.                                                                
                                                                               
MR. JURSACK commented that he thought they needed to leave 4.13.1              
in and substitute Table 4-1 with an appendix from the Building Code            
by regulation.                                                                 
                                                                               
SENATOR MILLER moved CSSB 269 from Committee with individual                   
recommendations.  There were no objections and it was so ordered.              

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