Legislature(1995 - 1996)
04/10/1995 03:10 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR & COMMERCE STANDING COMMITTEE
April 10, 1995
3:10 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Norman Rokeberg, Vice Chairman
Representative Jerry Sanders
Representative Beverly Masek
Representative Kim Elton
Representative Gene Kubina
MEMBERS ABSENT
Representative Brian Porter
OTHER MEMBERS PRESENT
Representative Bill Williams
COMMITTEE CALENDAR
HB 224: "An Act relating to the state plumbing code."
PASSED OUT OF COMMITTEE
HB 251: "An Act relating to Native corporations."
WORK SESSION ONLY ON HB 251. TAPES 95-37 AND 95-38 ARE
AVAILABLE IN THE HOUSE RECORDS OFFICE, AND AFTER
ADJOURNMENT OF THE SECOND SESSION OF THE NINETEENTH
ALASKA STATE LEGISLATURE, IN THE LEGISLATIVE REFERENCE
LIBRARY.
WITNESS REGISTER
JOHN BUTLER
John's Heating
P.O. Box 2610
Kodiak, AK 99605
Telephone: (907) 486-3706
POSITION STATEMENT: Testified on HB 224
REPRESENTATIVE JEANNETTE JAMES
Alaska State Legislature
State Capitol, Room 102
Juneau, AK 99811-1182
Telephone: (907) 465-3743
POSITION STATEMENT: Testified on HB 224
PREVIOUS ACTION
BILL: HB 224
SHORT TITLE: STATE PLUMBING CODE
SPONSOR(S): REPRESENTATIVE(S) KOHRING,Green
JRN-DATE JRN-PG ACTION
03/03/95 564 (H) READ THE FIRST TIME - REFERRAL(S)
03/03/95 564 (H) LABOR & COMMERCE
03/22/95 (H) L&C AT 03:00 PM CAPITOL 17
03/22/95 (H) MINUTE(L&C)
03/27/95 (H) L&C AT 05:15 PM CAPITOL 17
03/29/95 (H) L&C AT 03:00 PM CAPITOL 17
03/29/95 (H) MINUTE(L&C)
04/10/95 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 95-36, SIDE A
Number 005
The House Labor & Commerce Committee was called to order by
Chairman Pete Kott at 3:10 p.m. Members present at the call to
order were Representatives Kott, Rokeberg, Elton, Masek, and
Sanders. Members absent at the call to order were
Representatives Porter and Kubina. Chairman Kott stated a quorum
was present.
HB 224 - STATE PLUMBING CODE
CHAIRMAN PETE KOTT went on to say HB 224 had previously been
passed out of committee; however, the committee had rescinded the
previous action.
CHAIRMAN KOTT explained that problems were brought to the
committee's attention after the bill passed from committee. The
bill was given back to the subcommittee chair, and he remedied
the problems and was prepared to give the committee an updated
report.
Number 059
REPRESENTATIVE NORMAN ROKEBERG explained to the committee that
the new changes dealt with Section 4. The subcommittee
previously recommended to the full committee to allow the single
wall heat exchangers without a sunset provision as an exception
to the Universal Plumbing Code (UPC). Representative Rokeberg
said, with further review and testimony from people in the
industry, it was decided the use of the single wall coil systems
would be allowed only in the replacement of existing boilers and
units. He also stated new construction would require the use of
a double wall system. The primary reason for that change is for
public safety.
REPRESENTATIVE ROKEBERG stated that Version U, Section 4, allows
municipalities, or any code making entity under the state's
jurisdiction, to make a waiver for single wall exchangers between
now and the previous effective date of 1991. This would allow a
period of three years in which the single wall exchanger could be
retrofitted with replacement boilers. He said the reason they
are doing this is as follows: If they were to require a double
wall exchanger installation in an existing condition, it may be
necessary to add an adjacent tank of as much as 40 gallons next
to the boiler. Representative Rokeberg stated in many cases,
given the area of installation, this would be a physical
impossibility. This would create substantial hardship in
existing conditions.
REPRESENTATIVE ROKEBERG stated that, in essence, this would allow
for the continued use of single wall boilers in existing
conditions. However, new construction would require double wall
boilers because of safety conditions and the need to meet the
requirements of the code. He said the subcommittee added the
three-year sunset provision in order to allow the Department of
Labor to promulgate regulations, and for this committee to come
back in the future and make the statutory change in the entire
state building code.
Number 147
CHAIRMAN KOTT stated the committee had before them the proposed
work draft Version U, Banister, dated 4-7-95.
REPRESENTATIVE JERRY SANDERS made a motion to adopt the proposed
CSHB 224(L&C) Version U, Banister, dated 4-7-95.
Number 157
CHAIRMAN KOTT asked if there was an objection. Hearing none,
CSHB 224(L&C) Version U, Banister, dated 4-7-95 was before them.
Number 171
REPRESENTATIVE BEVERLY MASEK asked if the proposed amendment by
Representative Jeannette James was part of the packet.
CHAIRMAN KOTT responded that this particular amendment was added
into the original HB 224.
Number 187
REPRESENTATIVE ROKEBERG explained the subcommittee incorporated
Representative James' amendment but had made certain changes.
CHAIRMAN KOTT stated for the record that Representative Gene
Kubina had joined the meeting at 3:18 p.m.
CHAIRMAN KOTT told the committee the substantive changes were to
allow the single wall heat exchangers in existing units.
However, in new construction the exchangers would be required to
be double walled.
REPRESENTATIVE ROKEBERG interjected this was the subcommittee's
second revision. He said the main change is in requiring single
wall exchangers with new construction. Also, it would add back
the sunset provision to meet the code cycle, along with the
committee's desire to rewrite the regulatory provision of the
building code in the future.
CHAIRMAN KOTT asked if there was further discussion by the
committee. Hearing none, he said there was someone to testify on
teleconference.
Number 199
JOHN BUTLER, JOHN'S HEATING, testified via teleconference from
Kodiak. He said he had hoped HB 224 would have passed out of
committee without any changes to any part of the code. He
explained it was his desire to have several contractors get
together with the state and address the changes, rather than
locking themselves into having standardized double wall coils.
REPRESENTATIVE ROKEBERG made a motion to adopt the work draft,
Banister, LS0740/O, with individual recommendations and
accompanying fiscal notes.
CHAIRMAN KOTT said they had already adopted the work draft. What
they needed was a motion to move CSHB 224, Version U, from
committee. Before they did that, he asked if there was anyone in
Juneau wishing to testify.
Number 214
REPRESENTATIVE JEANNETTE JAMES stated the people of Fairbanks
were still not happy with this legislation for several reasons.
For instance, it specifically says that municipalities can grant
waivers for single wall heat exchangers installed from 1991 until
passage of HB 224. Fairbanks consists of two municipalities:
the city of Fairbanks and the Fairbanks North Star Borough
(FNSB). She said the FNSB does not have building code authority;
it yields authority to the state. Only the city of Fairbanks
will get the benefit of the waiver.
REPRESENTATIVE JAMES continued that at this point in time, they
have no ability to do anything for the FNSB; the bill leaves them
out in the cold. She said that in talking with the Department of
Labor, they have assured her they will try to make some
provisions for them. People in Kodiak and Valdez have also
voiced their concerns because they also use the single wall
exchangers. She agreed with Mr. Earl Jantz, an architect in
Fairbanks, that Fairbanks had never had a problem with single
wall exchangers. She offered to give specifics on the pressures
if there happened to be a leak and what happens before the
poisonous liquid could even get into potable water.
REPRESENTATIVE JAMES stressed that HB 224 was a "make work job"
because you would have another $1,500 per unit plus the reduction
in the energy capabilities of double wall exchangers. If the
Department of Labor does not come to their rescue, home owners
down the road are going to have a real struggle with this. She
said historically, they have seen evidence of `government knows
best' and if there is anything that `just might happen,' even
though it never has, they have had to be sure to take care of all
those kinds of things that `just might happen' and we all end up
paying. For the record, she reiterated her opposition to HB 224.
Number 262
REPRESENTATIVE KIM ELTON observed from what Representative James
said, that under the provisions of Section 4 there would be the
possibility the city of Fairbanks would have a different
requirement than the FNSB. He asked if that was correct.
Number 270
CHAIRMAN KOTT answered yes.
Number 273
REPRESENTATIVE ROKEBERG confirmed that Representative James' and
Representative Elton's analysis was correct. He said the
rationale behind this is that this is a not only a statewide
code, but also a national code, and it is here for public safety.
The state assumes its obligation and risk to administer public
safety under that particular code provision. Representative
Rokeberg also said the exceptions are made for areas that have
their own administrative building code process. Therefore, you
could suggest, as a matter of public policy, that this
legislation is encouraging areas to adopt codes and
(indiscernible) of building safety principle.
REPRESENTATIVE ROKEBERG pointed out that, like the FNSB, Eagle
River, Chugiak and Girdwood do not fall under the jurisdiction of
the building code authority or the building code official of the
municipality of Anchorage. He said it would be imprudent to pass
any type of building code that would obligate the state of Alaska
to take positive action created by not adopting the code without
a building authority to administer it. He stated there isn't a
building authority or building official in the state; it has to
rely on the Department of Labor and its limited resources to
enforce the code.
Number 303
REPRESENTATIVE JAMES pointed out that there are three different
codes: The Uniform Building Code; the National Code; and the
International Code. The National and International codes allow
for single wall exchangers.
Number 308
CHAIRMAN KOTT said this had been brought to their attention.
Number 309
REPRESENTATIVE ROKEBERG suggested if Representative James and her
colleagues could make a case, they wouldn't have exposure and the
jurisdiction of this provision should be expanded beyond the
municipalities, they could do so on the floor. He said these are
policy calls that should be given a hearing; however the
committee should move the bill now.
Number 321
REPRESENTATIVE GENE KUBINA asked what the other committees of
referral were.
CHAIRMAN KOTT stated the Labor & Commerce Committee was the only
committee of referral.
Number 328
REPRESENTATIVE ROKEBERG stressed the bill was not about single
coil or double coil heat exchangers. He said HB 224 was about
adopting a plumbing code.
Number 337
CHAIRMAN KOTT requested Representative Rokeberg withdraw his
earlier motion and restate it.
Number 339
REPRESENTATIVE ROKEBERG withdrew his previous motion. He made a
motion to move CSHB 224(L&C), Banister, Version U, from committee
with individual recommendations and accompanying fiscal notes.
CHAIRMAN KOTT asked if there was any objection. Hearing none,
CSHB 224(L&C), Banister, Version U, was moved out of the Labor &
Commerce Committee.
The portion of the House Labor and Commerce Committee dealing
with HB 224 was adjourned.
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