Legislature(2009 - 2010)BELTZ 105 (TSBldg)

03/09/2010 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 129 RESIDENTIAL SPRINKLER SYSTEMS TELECONFERENCED
Heard & Held
*+ SB 302 MICROLOAN REVOLVING FUND TELECONFERENCED
Moved SB 302 Out of Committee
+= SB 153 MOBILE HOMES AS REAL PROPERTY TELECONFERENCED
Moved SB 153 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 129-RESIDENTIAL SPRINKLER SYSTEMS                                                                          
                                                                                                                                
2:38:16 PM                                                                                                                    
CHAIR PASKVAN announced SB 129  to be up for consideration. [CSSB
129  (L&C), labeled  26-LS0679\M, was  before the  committee.] He                                                               
said he  was contacted earlier  today and was offered  a building                                                               
code  adoption procedure  for all  of the  relevant jurisdictions                                                               
around Alaska,  and he  would distribute it  to the  committee so                                                               
they could see what procedures are in place currently.                                                                          
                                                                                                                                
2:39:34 PM                                                                                                                    
PAUL  MICHELSOHN, Jr.,  Alaska  State Homebuilder's  Association,                                                               
said he has been a builder  in Anchorage for 34 years. He belongs                                                               
to  National Association  of  Homebuilders, is  a  member of  the                                                               
Construction,  Codes  and  Standards (CCNS)  Committee,  and  has                                                               
served  on   the  Municipality   of  Anchorage's   Building  Code                                                               
Committee for  17 years  where his primary  purpose is  to decide                                                               
which code to go  with if there is an argument.  He added that he                                                               
sat  on the  International Code  Conference (ICC),  its Fire  and                                                               
Life Safety Code for two  years and the International Residential                                                               
Code (IRC) for four years. He  had been involved with code review                                                               
in Anchorage for seven code cycles.                                                                                             
                                                                                                                                
He  said he  had heard  how the  code process  today is  fair and                                                               
equitable to all  concerned, but he disagreed  with that, because                                                               
"being involved for seven code  cycles, the public has never been                                                               
notified." He said that notices  are posted, but the average home                                                               
owner doesn't care about code  until it directly affects them. He                                                               
said he has been involved with  the sprinkler issue on a national                                                               
level for 10 years.                                                                                                             
                                                                                                                                
2:42:40 PM                                                                                                                    
MR. MICHELSOHN  explained that at the  ICC level, the way  a code                                                               
is developed and adopted is that  one is appointed to a committee                                                               
and the codes  then are submitted and proposed  and the committee                                                               
votes  on them.  After  that they  are passed  on  to the  mother                                                               
committee  that  is  made  up  of  fire  and  building  officials                                                               
throughout  America.   Again,  he   said,  there  is   no  public                                                               
involvement, and these  individual decide which codes  will be in                                                               
the  code book  and which  ones won't.  If it  was a  true public                                                               
awareness and a  true public process, he didn't  think they would                                                               
be here today.                                                                                                                  
                                                                                                                                
In  the fall  ICC board  meeting, he  stated, the  Fire Coalition                                                               
shipped in  an additional 1800 people  for one vote, the  vote on                                                               
this  issue. Ten  minutes before  the vote  was taken  385 people                                                               
were in  audience; when this vote  came up there were  1890. When                                                               
this vote was over seven minutes later 402 remained.                                                                            
                                                                                                                                
MR. MICHELSOHN said he has heard  a lot about cost, but the issue                                                               
of  cost is  not  relevant. Costs  will be  what  they are;  once                                                               
sprinklers  are mandated  they will  have the  potential to  rise                                                               
immediately.                                                                                                                    
                                                                                                                                
MR. MICHELSOHN  said he was  asking for transparency in  terms of                                                               
preparing  a  cost  analysis  and  other  listed  items  for  any                                                               
jurisdiction  that   chose  to   mandate  installation   of  fire                                                               
sprinklers in  one and  two family  dwellings. He  estimated that                                                               
installing sprinklers in  800,000 units in the  United States for                                                               
a year would cost $1.7 million - and "to save one life."                                                                        
                                                                                                                                
2:45:29 PM                                                                                                                    
MR. MICHELSOHN  said the  Homebuilders are  asking to  have three                                                               
public  hearings,  and the  reason  is  that  the public  is  not                                                               
notified and  they are not aware  of the process. This  will give                                                               
the  homebuilders,  industry  and  real  estate  agents  time  to                                                               
educate and bring  people forward for a chance  to decide whether                                                               
they  want sprinklers  or not.  He asked  if the  process was  so                                                               
transparent why so many organizations are against it.                                                                           
                                                                                                                                
2:46:41 PM                                                                                                                    
SENATOR BUNDE  said Arizona  was quoted  on how  using sprinklers                                                               
reduced property damage  and saved lives, and it  occurred to him                                                               
that a potential downside is if  the power goes out in your house                                                               
and your pipes freeze and you have a sprinkler system.                                                                          
                                                                                                                                
MR.  MICHELSOHN answered  that installing  fire sprinklers  has a                                                               
lot of  downside. The  size of  the water line  would have  to be                                                               
increased  from the  state's  requirement of  .75  inches to  1.5                                                               
inches, and right now Anchorage has a 1-inch minimum.                                                                           
                                                                                                                                
Sometimes pumps will  be needed, he said, and  the Fire Coalition                                                               
states that most fires are  electrical. If you have an electrical                                                               
fire and  the power shuts off,  you don't have power  to pump the                                                               
system.  The  first thing  the  fire  department does  when  they                                                               
approach a  house or fire  is shut the power  off so no  one gets                                                               
electrocuted.  He said  the  Alaska  Homebuilders have  supported                                                               
using smoke  detectors and educating  people on how to  use them.                                                               
Sprinkler  systems  save  buildings and  fire  sprinklers  aren't                                                               
necessarily lifesaving issues.                                                                                                  
                                                                                                                                
2:48:58 PM                                                                                                                    
Another downside is  the needed increase in the  service lines in                                                               
jurisdictions that already don't  have adequate service to supply                                                               
the houses with the water they might need.                                                                                      
                                                                                                                                
SENATOR  BUNDE  asked  about people  with  onsite  water  systems                                                               
instead of continuous services like in town.                                                                                    
                                                                                                                                
MR.  MICHELSOHN  replied  that he  had  installed  six  sprinkler                                                               
systems in  houses in the last  10 years and the  cost has ranged                                                               
from $25,000 to $38,000. On one  project he was asked to bring in                                                               
and  eight-inch  water main;  that  alone  cost $12,000.  Another                                                               
project  with  an off-site  well  needed  two 350-gallon  storage                                                               
tanks for water to operate the fire system.                                                                                     
                                                                                                                                
He also pointed out that these  systems need to be inspected, but                                                               
of all  the ones  he had  installed, he asked,  and none  of them                                                               
have had their systems inspected. They  range from 7 years to 2.5                                                               
years old.                                                                                                                      
                                                                                                                                
2:51:03 PM                                                                                                                    
CHARLES  EDWARDSON, Project  Manager, Ketchikan  Indian Community                                                               
Housing  Authority,  Ketchikan,   said  he  teaches  construction                                                               
technology  at  UAA and  is  a  treasurer  for the  Alaska  State                                                               
Homebuilders Association.  He said he  supported SB 129.  He said                                                               
the rural  challenges are too numerous  to list in both  cost and                                                               
logistics. He  agreed with Mr.  Michelson that most  people don't                                                               
know what their local community is adopting.                                                                                    
                                                                                                                                
He said they  have learned there are two sides  to an issue. When                                                               
the Fire Marshall tried to get  this adopted by the City Council,                                                               
the  issue   went  away   altogether  because   the  Homebuilders                                                               
Association brought in some facts and figures of their own.                                                                     
                                                                                                                                
CHAIR  PASKVAN  remarked  that  it sounds  like  the  process  in                                                               
Ketchikan worked.                                                                                                               
                                                                                                                                
MR. EDWARDSON  said it wouldn't  have worked if  the Homebuilders                                                               
hadn't  intervened. They  maintain that  the science  hasn't been                                                               
proven yet and that smoke detectors save more lives.                                                                            
                                                                                                                                
CHAIR  PASKVAN encouraged  him to  focus  on the  CS that  talked                                                               
about the process.                                                                                                              
                                                                                                                                
MR. EDWARDSON encouraged preparing  the cost benefit analysis for                                                               
new residential  fire sprinkler systems  so that the  process has                                                               
transparency.  Another  point  he  raised  is  that  the  housing                                                               
authority  he works  for  provides low  income  housing for  many                                                               
people.  They  just  completed   a  24-unit  housing  project  in                                                               
Ketchikan  and   that  wouldn't  have  been   possible  with  the                                                               
additional cost of sprinkler installation.                                                                                      
                                                                                                                                
2:56:22 PM                                                                                                                    
DAVID  OWENS,  Building  Inspector,  Owens  Inspection  Services,                                                               
Palmer, requested  that his email  become part of the  record. He                                                               
said  he didn't  think it  was unreasonable  to ask  for numerous                                                               
public  meetings  on big  ticket  items  like sprinkler  systems.                                                               
Providing a  cost analysis on something  that will cost a  lot of                                                               
money  is also  not  unreasonable. As  a  building inspector,  he                                                               
said,  he gets  the brunt  of  things when  they get  "railroaded                                                               
through."  For example,  the last  electrical code  - it  had one                                                               
public hearing  over the holiday  period and the next  thing they                                                               
know, its  law. Now they  have to put arch-weld  circuit breakers                                                               
in all of  their houses; they had something to  say about it, but                                                               
didn't get the opportunity.                                                                                                     
                                                                                                                                
2:58:33 PM                                                                                                                    
ART CLARK, Alaska Association of  Realtors, said using the safety                                                               
issue as a way to get  something passed quickly is very seductive                                                               
especially when people  don't get a chance to  understand all the                                                               
implications. He  supported SB 129,  because it would  allow time                                                               
for a better understanding of things.                                                                                           
                                                                                                                                
SENATOR BUNDE asked  if he could speculate on the  value of homes                                                               
with sprinkler  systems versus and  those without. Would  it have                                                               
an impact  on resale value  of the  non sprinkler homes  or would                                                               
the  cost of  the  new homes  be  so high  it  wouldn't make  any                                                               
difference?                                                                                                                     
                                                                                                                                
MR. CLARK  said it  might be  a little bit  of both.  Perhaps the                                                               
resale value of  homes without sprinklers would  be impacted, but                                                               
on the  other hand he  couldn't see  new buyers paying  that much                                                               
more for  it. So the  people who  paid for the  initial sprinkler                                                               
system possibly wouldn't  be able to get those dollars  out of it                                                               
down the road.                                                                                                                  
                                                                                                                                
3:00:51 PM                                                                                                                    
DAVID MILLER, Fire Chief, Sitka, opposed  SB 129 and said let the                                                               
communities  decide  for  themselves.  He said  that  most  local                                                               
communities have the process established already.                                                                               
                                                                                                                                
3:02:17 PM                                                                                                                    
KELLY NICOLELLO,  Deputy Director,  Alaska State  Fire Marshall's                                                               
Office, Division  of Fire and  Life Safety, Department  of Public                                                               
Safety (DPS), said he did not  have a position on SB 129, because                                                               
as written  it has no effect  on the state. He  offered to answer                                                               
questions.                                                                                                                      
                                                                                                                                
3:02:53 PM                                                                                                                    
DAVE HOE,  Fire Chief, North  Tongass Volunteer  Fire Department,                                                               
Ketchikan, opposed  SB 129. He  said the idea that  the sprinkler                                                               
system  saves  lives  is   irrefutable.  For  instance,  numerous                                                               
studies have  shown that kids don't  wake up to the  normal smoke                                                               
detectors;  they have  also  shown  that by  the  time the  smoke                                                               
detector goes  off late  at night,  the disorientation  of coming                                                               
out  of a  deep sleep  to  the sound  of  an alarm  going off  is                                                               
disorienting at best.  A lot of times the heat  and smoke by then                                                               
can make escape a significant challenge.                                                                                        
                                                                                                                                
MR. HOE explained that years ago  fire fighters could wear an air                                                               
pack  and could  get  inside  houses with  six  or eight  minutes                                                               
before   "flashover"   occurred,   but  now,   because   of   new                                                               
construction techniques  and the use of  synthetic fibers, houses                                                               
are much tighter and the flashover  time has dropped to less than                                                               
three minutes  - not  a lot  of time.  Fire sprinklers  will give                                                               
people more  time to get  out. He  didn't think the  state should                                                               
become  involved in  the debate  about  whether to  make it  more                                                               
difficult  of the  local municipalities  to  decide whether  they                                                               
should be able to enact an ordinance or not.                                                                                    
                                                                                                                                
He  stated that  all SB  129 does  is add  cost and  bureaucratic                                                               
challenges to  communities that  may not have  the ability  to do                                                               
deal with them to the point that they won't even try.                                                                           
                                                                                                                                
3:05:52 PM                                                                                                                    
CROSBY  GRINDEL,   Northwest  Regional  Manager,   National  Fire                                                               
Protection Association  (NFPA), said  the Association  opposed SB
129.  He said  the Association  had  worked to  advance life  and                                                               
safety issues for more than  100 year through research, education                                                               
and  development  of  consensus  codes and  standards.  The  most                                                               
recent advances  in residential sprinkler  technology bring  in a                                                               
new era of home fire safety.                                                                                                    
                                                                                                                                
He explained  that several  factors have  conspired to  cause the                                                               
greatest risk  of fire  death and  injury to be  in the  home. In                                                               
fact, 83 percent  of fire deaths and 89 percent  of fire injuries                                                               
occur in  the home as  per their 2008  fire loss report.  He said                                                               
the NFPA  believes that residential sprinklers  are the solution.                                                               
They support  the desire of the  fire service to have  the option                                                               
to utilize  this national  standard life  safety device  in their                                                               
efforts  to  protect  their   communities  from  the  devastating                                                               
effects  of  fire. He  also  pointed  out that  residential  fire                                                               
sprinklers  are  significantly  different  than  those  found  in                                                               
commercial buildings, and they are now in all national codes.                                                                   
                                                                                                                                
3:08:31 PM                                                                                                                    
MICHAEL  TILLY, Fire  Chief, City  of Kenai,  said he  opposed SB
129. He  said he  would be  negligent not  to consider  adding or                                                               
utilizing a technology  that would make his  community safer, but                                                               
this bill is  not about a technology that  is already recognized,                                                               
accepted  and  proven  in  many  communities  across  the  United                                                               
States.  SB  129 attempts  to  alter  the  way a  community  does                                                               
business and  targets a single  idea or technology that  his city                                                               
may want to use by  adding unnecessary cost and stumbling blocks.                                                               
He said  that communities are  deferred for particular  reasons -                                                               
one being that  they know their community and  the best processes                                                               
to educate their populace of potential changes in law.                                                                          
                                                                                                                                
MR. TILLY  said that Kenai  has adopted  many fire codes  and the                                                               
standing  process the  City Council  uses has  been in  place and                                                               
seems to  have worked well over  the years. He failed  to see why                                                               
this  topic  needed  additional legislation  from  the  State  of                                                               
Alaska. The  2006 IBC  Codes have hundreds  of fire  and building                                                               
codes  that a  deferred  municipality either  adopts or  excludes                                                               
from  their municipal  codes. Not  once have  they been  burdened                                                               
with doing a cost benefit analysis for any other codes.                                                                         
                                                                                                                                
He said  these codes are  adopted for their community  with local                                                               
input  from   city  building  officials,  fire   officials,  city                                                               
management, city  council, and the  State Fire  Marshall's Office                                                               
through  an already  established procedure  that includes  public                                                               
input and  adheres to AS  29.25. Feasibility,  enforceability and                                                               
applicability  to  the  community  are all  considered  prior  to                                                               
adoption.                                                                                                                       
                                                                                                                                
3:11:08 PM                                                                                                                    
LARRY FLOYD,  Building Official, City  of Kenai, said  he opposed                                                               
SB 129. He  didn't see the issue as being  sprinklers, but rather                                                               
that  they,  as  building  officials, know  the  needs  of  their                                                               
community and  they should have  the authority to  determine what                                                               
is reasonable and necessary within it.                                                                                          
                                                                                                                                
3:11:53 PM                                                                                                                    
JEFF   TUCKER,  President,   Alaska   Fire  Chiefs   Association,                                                               
Fairbanks,  who  opposed SB  129,  said  he  would stand  by  for                                                               
questions.                                                                                                                      
                                                                                                                                
3:12:16 PM                                                                                                                    
DENNIS  BRAUDIGAN, Director,  Emergency Services,  MatSu Borough,                                                               
said  he opposed  SB 129.  They  strongly believe  in the  public                                                               
process, and  their board strives  to be transparent  in enacting                                                               
every  borough code.  An enhanced  public process  already exists                                                               
for  those  codes  carrying greater.  In  fact,  their  selection                                                               
process for the  new Goose Creek Correctional  Center resulted in                                                               
a  national   award  because  of  its   transparency  and  active                                                               
involvement by the public. Mandating  local government to enhance                                                               
the  public hearing  process for  a single  issue is  onerous and                                                               
unnecessary.                                                                                                                    
                                                                                                                                
MR.  BRAUDIGAN  said  currently  if the  Matsu  Borough  were  to                                                               
mandate  residential fire  sprinkler  systems  the proposed  code                                                               
would be  required to go  through the borough's  planning process                                                               
by  virtue  of  the  Matsu Borough's  second  class  municipality                                                               
status as dictated  by the 2008 Supreme Court  ruling in Griswold                                                               
v. City of Homer. He said  this proposed code would be thoroughly                                                               
reviewed by the  borough's planning commission as well  as by all                                                               
borough community  councils and all  fire service area  boards of                                                               
supervisors,   all  commissions,   councils  and   boards  giving                                                               
adequate  public notice  and allowing  for public  hearings. Once                                                               
the  comments  are heard  the  commissions,  councils and  boards                                                               
forward their  respective recommendations  to the  Assembly prior                                                               
to  public   hearings.  This  represents  a   very  thorough  and                                                               
transparent public hearing process.                                                                                             
                                                                                                                                
He said the  Matsu Borough believes that SB 129  is not necessary                                                               
and is  trying to address a  process that already takes  place on                                                               
an ongoing basis; therefore they oppose it.                                                                                     
                                                                                                                                
SENATOR BUNDE  remarked that  they already  go through  the hoops                                                               
that SB 129 would make them go  through, and yet he is opposed to                                                               
it.                                                                                                                             
                                                                                                                                
MR.  BRAUTIGAN  replied  that  the  hearing  process  is  already                                                               
addressed at a local level.                                                                                                     
                                                                                                                                
SENATOR  BUNDE  retorted  that  they  already  go  through  these                                                               
processes,  but  they want  the  option  to  not go  through  the                                                               
process if they choose to.                                                                                                      
                                                                                                                                
MR.  BRAUTIGAN replied  certainly nothing  less than  what is  in                                                               
state statute.  If this is a  process that should be  done, maybe                                                               
it  should be  done for  every public  notice they  have had.  He                                                               
noted  that  they have  had  many  multi-million dollar  projects                                                               
throughout   the  borough   recently,  and   their  process   was                                                               
transparent and had sufficiently engaged the public.                                                                            
                                                                                                                                
3:16:09 PM                                                                                                                    
JEREMY DILLARD, representing himself, said  he lived in the MatSu                                                               
Valley and supported SB 129.                                                                                                    
                                                                                                                                
3:16:36 PM                                                                                                                    
DAVE DILLARD,  Alaska State Building  Association, asked  why the                                                               
fire department is against having  more public testimony. He said                                                               
sometimes the  public doesn't  know what  is going  on; requiring                                                               
sprinklers is a new thing that  will be thrown on to the builders                                                               
and the  cost has to  be recognized.  He said builders  in Alaska                                                               
build better  than most everybody  else in the United  States. He                                                               
has a  budget when  he builds a  house and this  would be  a line                                                               
item in  it. He said  maybe people  can only afford  $250,000 and                                                               
wouldn't be  able to buy anything  with the additional cost  of a                                                               
sprinkler  system. The  Building Association  wants to  have more                                                               
time to teach their clients about what they are getting.                                                                        
                                                                                                                                
CHAIR PASKVAN  asked how this  would affect what is  currently in                                                               
place in Interior Alaska.                                                                                                       
                                                                                                                                
MR. DILLARD  answered that Mr. Tilly  represents the Homebuilders                                                               
through the commission  at the city now. Since  Alaska is usually                                                               
a  few years  behind on  issues,  this probably  won't become  an                                                               
issue until  maybe 2011. The  difference with the other  codes is                                                               
that Alaskan builders already build  beyond them, so people don't                                                               
need to be concerned.                                                                                                           
                                                                                                                                
CHAIR PASKVAN remarked  that the issue for  the committee members                                                               
is what  the local municipal control  is. The CS is  a procedural                                                               
requirement.                                                                                                                    
                                                                                                                                
MR.  DILLARD said  he  thought  the public  needed  more time  to                                                               
become educated about this issue. Word has to get out.                                                                          
                                                                                                                                
3:22:20 PM                                                                                                                    
JEFF  TWAIT,  Director,  Alaska State  Homebuilding  Association,                                                               
City of Kenai, said he supported  SB 129. He said for some reason                                                               
or  another,  some people  don't  get  a  chance to  voice  their                                                               
opinions  with  only  three   meetings.  Transparency  is  really                                                               
important.                                                                                                                      
                                                                                                                                
3:24:20 PM                                                                                                                    
CHAIR PASKVAN  asked how  this process  would modify  the current                                                               
process, if at all.                                                                                                             
                                                                                                                                
MR. TWAIT  said he wasn't  sure what  the current process  is and                                                               
didn't  know if  any  public testimony  was  taken from  building                                                               
officials  on the  current code.  But  this bill  would at  least                                                               
allow public testimony to be heard.                                                                                             
                                                                                                                                
3:25:10 PM                                                                                                                    
CHAIR  PASKVAN,  finding  no   further  comments,  closed  public                                                               
testimony on CSSB 129().                                                                                                        
                                                                                                                                
3:25:50 PM                                                                                                                    
SENATOR MEYER said the previous bill  had to do with mobile homes                                                               
and  knew that  in Anchorage  a large  percent of  fires were  in                                                               
mobile homes.  If mobile homes are  going to be treated  the same                                                               
as residential homes and new ones  were getting built, he said he                                                               
assumed they  would have to  meet the same requirements  with the                                                               
sprinkler systems.                                                                                                              
                                                                                                                                
3:27:43 PM                                                                                                                    
CHAIR PASKVAN said  given the fact that people  wanted to present                                                               
more information to them, he would  hold SB 129 and adjourned the                                                               
meeting at 3:27 p.m.                                                                                                            

Document Name Date/Time Subjects
CS SB 129 Bill Packet.pdf SL&C 3/2/2010 1:30:00 PM
SL&C 3/9/2010 1:30:00 PM
SB 129
SB 153 Bill Packet.pdf SL&C 3/9/2010 1:30:00 PM
SB 153
SB 302 Bill Packet.pdf SFIN 3/23/2010 9:00:00 AM
SL&C 3/9/2010 1:30:00 PM
SB 302
CS for SB 129 Side-by-Side.pdf SL&C 3/9/2010 1:30:00 PM
SB 129