Legislature(2009 - 2010)BELTZ 211

03/19/2009 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled
= SB 127 SOUTHEAST STATE FOREST
Moved SB 127 Out of Committee
= SB 129 RESIDENTIAL SPRINKLER SYSTEMS
Moved SB 129 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                         March 19, 2009                                                                                         
                           3:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Donald Olson, Chair                                                                                                     
Senator Joe Thomas, Vice Chair                                                                                                  
Senator Linda Menard                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Hollis French                                                                                                           
Senator Albert Kookesh                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 127                                                                                                             
"An Act establishing the Southeast State Forest and relating to                                                                 
the Southeast State Forest; and providing for an effective                                                                      
date."                                                                                                                          
     MOVED SB 127 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 129                                                                                                             
"An Act relating to state and municipal building code                                                                           
requirements for fire sprinkler systems in certain residential                                                                  
buildings."                                                                                                                     
     MOVED SB 129 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 127                                                                                                                  
SHORT TITLE: SOUTHEAST STATE FOREST                                                                                             
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/27/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/09       (S)       CRA, RES                                                                                               
03/12/09       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
03/12/09       (S)       Heard & Held                                                                                           
03/12/09       (S)       MINUTE(CRA)                                                                                            
                                                                                                                                
BILL: SB 129                                                                                                                  
SHORT TITLE: RESIDENTIAL SPRINKLER SYSTEMS                                                                                      
SPONSOR(S): SENATOR(S) MENARD                                                                                                   
                                                                                                                                
02/27/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/09       (S)       CRA, STA, L&C                                                                                          
03/17/09       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
03/17/09       (S)       Heard & Held                                                                                           
03/17/09       (S)       MINUTE(CRA)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DEAN BROWN, Deputy Director                                                                                                     
Division of Forestry                                                                                                            
Department of Natural Resources                                                                                                 
Anchorage AK                                                                                                                    
POSITION STATEMENT: Presented SB 127.                                                                                         
                                                                                                                                
MIKE ROVITO, Staff                                                                                                              
to Senator Linda Menard                                                                                                         
Alaska State Legislature                                                                                                        
Juneau AK                                                                                                                       
POSITION STATEMENT: Presented SB 129.                                                                                         
                                                                                                                                
JEFF TUCKER, Vice President                                                                                                     
Alaska Fire Chiefs Association                                                                                                  
Fairbanks AK                                                                                                                    
POSITION STATEMENT: Spoke in opposition to SB 129.                                                                            
                                                                                                                                
DAVID TYLER, Alaska State Fire Marshal                                                                                          
Division of Fire Protection                                                                                                     
Department of Public Safety (DPS)                                                                                               
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in opposition to SB 129.                                                                            
                                                                                                                                
MIKE TILLY, Fire Chief                                                                                                          
Kenai AK                                                                                                                        
POSITION STATEMENT: Spoke in opposition to SB 129.                                                                            
                                                                                                                                
SHELDON WINTERS, Lobbyist                                                                                                       
State Farm Insurance                                                                                                            
Juneau AK                                                                                                                       
POSITION STATEMENT: Spoke in opposition to SB 129.                                                                            
                                                                                                                                
PAUL MICHELSOHN, Director                                                                                                       
Alaska State Homebuilders Association                                                                                           
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in support of SB 129.                                                                               
                                                                                                                                
MARTIN SCHWAN, Acting Fire Marshal                                                                                              
City of Anchorage                                                                                                               
POSITION STATEMENT: Spoke in opposition to SB 129.                                                                            
                                                                                                                                
MICHELE WESTIN                                                                                                                  
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in opposition to SB 129.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:18 PM                                                                                                                    
                                                                                                                                
CHAIR  DONALD  OLSON called  the  Senate  Community and  Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  3:33  p.m.                                                               
Senators Thomas,  Menard, and Olson  were present at the  call to                                                               
order.                                                                                                                          
                                                                                                                                
                 SB 127-SOUTHEAST STATE FOREST                                                                              
                                                                                                                                
3:33:47 PM                                                                                                                    
CHAIR OLSON announced the consideration of SB 127.                                                                              
                                                                                                                                
DEAN BROWN, Deputy Director, Division  of Forestry, Department of                                                               
Natural  Resources,  said  SB  127  creates  a  state  forest  in                                                               
Southeast Alaska with 20 parcels  totaling 25,291 acres. They are                                                               
general-use  lands  on  Prince   of  Wales,  Kosciusko,  Tuxekan,                                                               
Gravina, Heceta,  and Revilla  islands as well  as one  parcel on                                                               
the mainland.  These lands  will be open  for multiple  uses like                                                               
mining,  recreation,  and  logging.  The  bill  will  not  affect                                                               
Wrangell's  land selections.  The bill  will allow  the state  to                                                               
invest in  long-term intensive forest management,  like thinning.                                                               
There is a supportive resolution  from Coffman Cove. The Board of                                                               
Forestry and the  Alaska Miners Association support  the bill. It                                                               
will  increase forest  productivity  and multiple  uses and  will                                                               
benefit communities and industry.                                                                                               
                                                                                                                                
3:36:54 PM                                                                                                                    
SENATOR  THOMAS  moved  to  report SB  127  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, SB 127 moved out of committee.                                                                              
                                                                                                                                
3:37:44 PM                                                                                                                    
The committee took a brief at-ease.                                                                                             
                                                                                                                                
              SB 129-RESIDENTIAL SPRINKLER SYSTEMS                                                                          
                                                                                                                                
3:38:45 PM                                                                                                                    
CHAIR OLSON announced consideration of SB 129.                                                                                  
                                                                                                                                
MIKE ROVITO,  Staff to Senator Menard,  Alaska State Legislature,                                                               
said SB  129 responds  to a national  movement of  mandating fire                                                               
sprinkler  systems for  one and  two-bedroom homes.  It does  not                                                               
prohibit Alaskans from putting sprinkler  systems in their homes.                                                               
The systems  are expensive  -- three to  five dollars  per square                                                               
foot. Mandating them  is excessive and puts  financial burdens on                                                               
a homebuyer. Changes in  residential construction technology have                                                               
dramatically  dropped the  number of  fatal fires  in the  United                                                               
States.  Fire   separation,  draft  stopping,   emergency  escape                                                               
openings, and many  other improvements have made  homes more fire                                                               
safe  without  undue  financial  burdens.  About  33  percent  of                                                               
residents  are on  home well  systems which  will increase  their                                                               
financial burden. There is also  the risk of children hitting the                                                               
sprinkler and  setting it  off and flooding  the home.  That will                                                               
cause water damage and mold. Mold is a serious health risk.                                                                     
                                                                                                                                
3:41:24 PM                                                                                                                    
MR.  ROVITO  said  standard  smoke alarms  have  a  proven  track                                                               
record, and a malfunctioning smoke detector won't damage a home.                                                                
                                                                                                                                
SENATOR OLSON asked how often sprinklers go off.                                                                                
                                                                                                                                
MR. ROVITO said he doesn't know, but  a child or a ladder can hit                                                               
it  and  break the  unit.  He  doesn't  know  how many  times  it                                                               
happens. But it  can happen. Smoke detectors are only  as good as                                                               
the  batteries  that  are  in   them.  By  mandating  sprinklers,                                                               
"there's  nothing to  say that  a home  owner, after  paying that                                                               
cost, isn't  just going to turn  the valve off to  that sprinkler                                                               
system,  thus pretty  much negating  the system  but having  that                                                               
financial burden still."                                                                                                        
                                                                                                                                
3:43:10 PM                                                                                                                    
JEFF  TUCKER, Vice  President,  Alaska  Fire Chiefs  Association,                                                               
Fairbanks, said he  spoke on Tuesday, and since then  there was a                                                               
fatal fire  in a  mobile home  in the  North Star  Borough. There                                                               
were two  exits in  the home,  but the rear  exit was  blocked by                                                               
clutter  and  the fire  blocked  the  other exit.  A  residential                                                               
sprinkler system could've prevented the  fire. It is important to                                                               
consider that there is no  national mandate that this be adopted.                                                               
"This  is truly  a  local option  and a  local  issue." The  bill                                                               
prohibits local jurisdictions from  using this tool for improving                                                               
life safety. The option may have saved that individual.                                                                         
                                                                                                                                
3:45:07 PM                                                                                                                    
CHAIR OLSON asked if he is  in favor of putting sprinkler systems                                                               
into mobile homes.                                                                                                              
                                                                                                                                
MR. TUCKER  said it  is an  effective tool  in any  structure. He                                                               
doesn't  mandate retrofitting  sprinklers into  older structures.                                                               
But if there  had been a sprinkler system it  may have saved this                                                               
person's life.  The smoke detector  could alert this  person, but                                                               
he couldn't  get out.  A sprinkler system  is a  proactive device                                                               
that prevents a fire.                                                                                                           
                                                                                                                                
3:46:04 PM                                                                                                                    
CHAIR OLSON  said he is not  sure he would want  them mandated in                                                               
mobile  homes.  He  asked  about   erroneous  triggering  of  the                                                               
sprinklers.                                                                                                                     
                                                                                                                                
MR.  TUCKER  said  typically  the heads  are  recessed  into  the                                                               
ceiling and not  exposed in a residential  system. If activations                                                               
occurred by children  playing, it would be a  national problem in                                                               
all the schools.  In residential structures there  are no exposed                                                               
heads. The heads are recessed with a metal plate covering them.                                                                 
                                                                                                                                
3:47:28 PM                                                                                                                    
SENATOR MENARD asked if he has a sprinkler system.                                                                              
                                                                                                                                
MR. TUCKER said he doesn't have one.                                                                                            
                                                                                                                                
SENATOR THOMAS  said he repeatedly  hears that the  government is                                                               
invasive enough  without telling  people what  to do  in personal                                                               
residences. Information indicated that  there was a national move                                                               
afoot to  make sprinklers mandatory  in some building  codes that                                                               
would  be adopted  by  municipalities. His  main  concern is  the                                                               
government as big brother. He is  sorry that somebody died. If he                                                               
had been  reasonable enough to put  in a sprinkler he  would have                                                               
had smoke alarms and the back exit unblocked.                                                                                   
                                                                                                                                
3:49:17 PM                                                                                                                    
MR. TUCKER said  the code is a standard  that local jurisdictions                                                               
can  choose to  adopt. The  state doesn't  have the  power to  do                                                               
that. It is a local option.  A jurisdiction with problems such as                                                               
older  fire-prone  buildings  has   the  option  to  protect  the                                                               
residents and  their neighbors.  It is a  local option  that fire                                                               
officials, citizens,  and building officials  can use as  a tool.                                                               
Blanket-wide requirements for sprinklers  will likely not happen,                                                               
but  there may  be targeted  applications for  certain areas.  On                                                               
Tuesday,  an example  was made  for a  neighborhood in  Anchorage                                                               
regarding concentrations  of buildings, the egress  of roads, and                                                               
sprinkler systems. It  is a tool for making  prudent decisions on                                                               
fire and life safety.                                                                                                           
                                                                                                                                
3:51:17 PM                                                                                                                    
CHAIR OLSON asked about regulations  for life and property in the                                                               
Department  of  Public  Safety  (DPS)  and  the  restriction  for                                                               
residential buildings.                                                                                                          
                                                                                                                                
DAVID  TYLER,  Alaska  State  Fire   Marshal,  Division  of  Fire                                                               
Protection, Department  of Public  Safety (DPS),  Anchorage, said                                                               
the authority  to manage codes  is under AS  18.70.080. Paragraph                                                               
A2  delineates the  DPS authority,  and it  specifically excludes                                                               
residential dwellings with three or  less units. "We cannot adopt                                                               
codes to cover the safety standards for them."                                                                                  
                                                                                                                                
CHAIR  OLSON  asked  if  that  is  true,  in  spite  of  the  IRC                                                               
[International Residential Code] including it.                                                                                  
                                                                                                                                
MR. TYLER said, "We cannot adopt the IRC."                                                                                      
                                                                                                                                
3:52:47 PM                                                                                                                    
CHAIR OLSON asked about sprinkler systems mistakenly going off.                                                                 
                                                                                                                                
MR. TYLER said he has been a  fire chief and in service in Alaska                                                               
since 1991 and saw one sprinkler  malfunction. It was in a school                                                               
where  a  door was  incorrectly  installed.  The door  broke  the                                                               
sprinkler head  when it  was opened. "I  haven't really  heard of                                                               
the problem before."                                                                                                            
                                                                                                                                
CHAIR  OLSON  asked  if  he  ever heard  of  it  happening  in  a                                                               
residence, and how often people turn off the sprinklers.                                                                        
                                                                                                                                
MR.  TYLER said  he has  never known  of one  going off  or being                                                               
turned off. Smoke alarms make  noise and irritate people, so that                                                               
isn't  a good  comparison  of people  turning  them off.  "People                                                               
actually forget they're there; they're pretty invisible."                                                                       
                                                                                                                                
3:54:15 PM                                                                                                                    
MIKE TILLY, Fire  Chief, Kenai, said he is against  SB 129. Kenai                                                               
is a  deferred jurisdiction. There  are certain  communities that                                                               
could  adopt  the  residential  code,  "and  I  would  like  that                                                               
option." The  city can adopt certain  parts of the code  that the                                                               
state  cannot.  The city  should  decide  what  is best  for  its                                                               
community. A  year ago  there was a  malfunctioning alarm,  and a                                                               
fire killed four  people in a residential  home. A malfunctioning                                                               
sprinkler will not kill anyone.                                                                                                 
                                                                                                                                
3:55:49 PM                                                                                                                    
SHELDON WINTERS, Lobbyist, State  Farm Insurance, Juneau, said he                                                               
was sent  to the hearing  today to  address a concern  that arose                                                               
from  Tuesday's  hearing.  He   can't  speak  for  the  insurance                                                               
industry as  a whole, but  State Farm  is the largest  insurer of                                                               
homes in  the country and in  Alaska. It insures about  one third                                                               
of the  homes in the  state. State  Farm strongly opposes  SB 129                                                               
and  is an  adamant supporter  of fire  sprinkler systems.  State                                                               
Farm, like many  other insurers, gives a discount  for homes that                                                               
have  sprinklers.  It  is  a  10  percent  discount  for  a  full                                                               
sprinkler system,  and it is a  5 percent discount for  a partial                                                               
installation. They  do it because  of the lifesaving  benefits of                                                               
fire sprinklers.                                                                                                                
                                                                                                                                
CHAIR  OLSON asked  if  a single  family dwelling  can  get a  10                                                               
percent discount for a full sprinkler system.                                                                                   
                                                                                                                                
MR. WINTERS  said yes, for a  State Farm policy. There  have been                                                               
other questions  raised that he  would like to address.  If there                                                               
is  a fire  and  the sprinkler  goes off,  "of  course the  water                                                               
damage  associated  with  that is  covered."  An  accidental  and                                                               
sudden  situation   that  results  in  the   malfunction  of  the                                                               
sprinkler is  covered. It is  not covered as  a flood, but  it is                                                               
covered  under  the homeowner  policy.  If  damage is  caused  by                                                               
freezing and  the homeowner hasn't  taken reasonable  steps, that                                                               
might not be covered. There  are always exclusions, but generally                                                               
water damage is covered. The  insurance industry strongly opposes                                                               
this bill.                                                                                                                      
                                                                                                                                
3:58:50 PM                                                                                                                    
CHAIR OLSON  asked how  often State  Farm has  paid a  claim from                                                               
sprinklers going off accidentally.                                                                                              
                                                                                                                                
MR. WINTERS said he can find that out.                                                                                          
                                                                                                                                
CHAIR OLSON asked  how claims are paid out for  wet sheetrock and                                                               
carpet, as opposed to actual fire damage claims.                                                                                
                                                                                                                                
MR. WINTERS said the adjuster  would assess that. As an insurance                                                               
defense  lawyer  he has  dealt  with  some  fire claims,  and  he                                                               
believes  that it  is fairly  easy to  tell what  damage occurred                                                               
from the sprinkler and what damage had already been there.                                                                      
                                                                                                                                
4:00:13 PM                                                                                                                    
PAUL  MICHELSOHN,  Director,   Alaska  Homebuilders  Association,                                                               
Anchorage,  said his  association supports  the bill.  State Farm                                                               
gives a  discount for current  systems, so  it is a  $50 discount                                                               
for a $500 policy, but the  sprinkle system costs $9,000, so that                                                               
is a  40-year payback. Mr.  Winters didn't address mold,  and the                                                               
insurance would pay "the water  policy but they will exclude mold                                                               
issues  ... and  the potential  for you  being dropped  increases                                                               
because of the potential of mold."  He is saddened by the man who                                                               
lost his life  in the mobile home fire. Mobile  homes would be in                                                               
the IRC, unless they are built  through the HUD program. The vast                                                               
majority of  fires and deaths in  Alaska are in mobile  homes and                                                               
substandard   housing,  but   this  bill   is  targeted   at  new                                                               
construction. Deaths  have been substantially reduced  because of                                                               
the  way the  houses are  now built.  Every fire  chief told  the                                                               
committee that SB 129 takes away  a tool. "We are not taking away                                                               
their tool." They  can still suggest installing a  sprinkler to a                                                               
builder  or developer  for certain  situations. The  tool is  not                                                               
being  taken away.  What  is  being taken  away  is  that a  fire                                                               
jurisdiction may not  mandate that a person  install a sprinkler.                                                               
It is all negotiable.  A few people said the IRC  is not the code                                                               
of record. "If  you read the IRC,  it refers you back  to the IBC                                                               
[International Building  Code] and the NFC  [National Fire Code].                                                               
Both  of those  codes  are  codes of  record."  The  NFC and  the                                                               
international  codes   are  competing  bodies  that   battle  for                                                               
finances through sales of literature and knowledge of the code.                                                                 
                                                                                                                                
4:04:25 PM                                                                                                                    
MR. MICHELSOHN said  he believes that the state  fire marshal has                                                               
the authority  to enforce the  NFC and  the IBC. A  triplex falls                                                               
under  the IBC.  "We  are just  looking for  single  one and  two                                                               
family  dwellings." If  a single  family  residence has  assisted                                                               
living,  child daycare,  or  the occupancy  load  has changed  to                                                               
other than  a private  residential structure,  then it  should be                                                               
required to have  a sprinkler system per the IBC  and the NFC. He                                                               
is not  asking that light  commercial or assembly  structures "be                                                               
in  a position  that  they can't  or  shouldn't be  sprinklered."                                                               
Single-family residences  have occupants  that are  very familiar                                                               
with  structure, egress  loads,  and egress  paths.  In a  public                                                               
place they are not familiar "so we should leave that as intact."                                                                
                                                                                                                                
4:05:52 PM                                                                                                                    
SENATOR  THOMAS asked  about  the bill's  reference  to a  public                                                               
corporation. He doesn't  know what that is, but  it doesn't sound                                                               
like a  borough or city. So  the bill appears to  still allow any                                                               
city or a service  district to take a public vote  to see if they                                                               
want to  require [sprinklers]. There  is concern in  the Interior                                                               
with houses being  built amongst a lot of black  spruce, which is                                                               
a fire  hazard. The park  service and the Department  of Interior                                                               
are worried about that.                                                                                                         
                                                                                                                                
MR.  MICHELSOHN  said,  "The  bill   is  put  in  place  that  no                                                               
jurisdiction  in the  state  of Alaska  can  mandate a  sprinkler                                                               
system." The  bill doesn't  forbid the  U.S. Forest  Service from                                                               
negotiating. For example, if a person  wanted to build a cabin in                                                               
the forest  district of Ketchikan  and the forest  service allows                                                               
it only if  there is a sprinkler system, a  person not willing to                                                               
put in the system  can't build the cabin. The bill  "is to stop a                                                               
city,  as Ketchikan,  to  say  that every  building  in the  city                                                               
limits and the  borough's outreaches has to have  it; that's what                                                               
we're trying to prevent."                                                                                                       
                                                                                                                                
SENATOR THOMAS said  the bill refers to a state  agency or public                                                               
corporation, so  it doesn't  seem to  cover boroughs,  cities, or                                                               
groups of individuals that may want  to vote to set the standards                                                               
of a homeowner association.                                                                                                     
                                                                                                                                
4:08:26 PM                                                                                                                    
MR. MICHELSOHN said  he believes Senator Thomas is  correct. If a                                                               
private homeowner  association in Juneau built  a subdivision and                                                               
they wanted  sprinklers, they can put  it on their plat  map that                                                               
everyone  who  buys a  house  in  that  subdivision must  have  a                                                               
sprinkler system.                                                                                                               
                                                                                                                                
SENATOR THOMAS  asked if  the people of  Fairbanks could  vote to                                                               
require  sprinkler systems.  It would  not be  a mandate  but the                                                               
will of the people.                                                                                                             
                                                                                                                                
MR. MICHELSOHN said that would  be precluded, but all legislation                                                               
can be altered.                                                                                                                 
                                                                                                                                
4:09:50 PM                                                                                                                    
MARTIN SCHWAN,  Acting Fire Marshal,  City of Anchorage,  said he                                                               
is  a  certified plans  examiner,  an  adjunct professor  at  UAA                                                               
[University of Alaska,  Anchorage], and is past  president of the                                                               
local chapter of ICC [International  Code Council]. He opposes SB
129. The discussion is not about  whether or not sprinklers are a                                                               
good  idea  --  they  protect   property  and  save  lives.  Fire                                                               
fatalities continue.  In 2007, there  was a home  structural fire                                                               
every  79 seconds  with one  civilian fatality  every 2.5  hours.                                                               
Clearly, fires  continue to occur, and  whether a home is  new or                                                               
not  has no  bearing on  fires. The  code process  has been  very                                                               
successful. This  bill should not  even be before the  Senate. It                                                               
should  be done  locally or  nationally. The  ICC is  not for  or                                                               
against sprinklers.  The ICC moderates  code change;  the members                                                               
of  ICC bring  forward codes  that go  through committee  and are                                                               
brought forward or  turned down in the final  action hearings. He                                                               
has two volumes  with over 2,000 pages of  proposed code changes.                                                               
Does the Senate really want to be involved in code development?                                                                 
                                                                                                                                
4:12:08 PM                                                                                                                    
MR. SCHWAN  said now  is the time  to "nip this  in the  bud." He                                                               
sits through all of  the code hearings - day after  day, 10 to 13                                                               
hours per  day. The influx of  people who vote on  code proposals                                                               
is tremendous. "So for the  National Association of Home Builders                                                               
to cry foul that  there was an influx of people  who vote on this                                                               
residential sprinkler  proposal - that's  the way it  works." The                                                               
bill circumvents the  process. "I ask you to  respect the process                                                               
under which codes are developed."  At the local level, committees                                                               
are formed  for code  adoption who  represent public  and private                                                               
sectors.  They go  through all  the  code changes  and can  bring                                                               
forward  amendments.  They  have  the  expertise  to  make  local                                                               
amendments;  it  shouldn't  happen   at  the  legislative  level.                                                               
Consider  the  precedent  the legislature  is  setting.  "Do  you                                                               
really want  to be involved in  the code process? I  really think                                                               
not. Leave  it in the  hands of the  experts ... the  bodies that                                                               
spend thousands and thousands of  hours developing the codes." It                                                               
doesn't happen in just one month.  People are working on the 2012                                                               
code,  and it  will take  three years.  To expect  the Senate  to                                                               
handle it in a week is not  fair to the citizens of Alaska. There                                                               
will be  consequences to  development. Right  now he  can require                                                               
sprinkler systems in developments that  exceed 30 units that have                                                               
a single fire  access road. He will not have  the ability to give                                                               
them the  option of sprinklers in  lieu of putting in  the second                                                               
fire apparatus  access road. "And I  can tell you, right  now the                                                               
development on the  hillside district in Anchorage  ... there's a                                                               
lot  of proposed  development  and  they have  a  lot of  terrain                                                               
features  that they're  not going  to  be able  to overcome."  So                                                               
people will  not be able to  develop the area to  the extent they                                                               
could.  A tool  is being  taken away,  because he  cannot mandate                                                               
sprinklers in lieu of a second access road.                                                                                     
                                                                                                                                
4:15:39 PM                                                                                                                    
MR. SCHWAN said  he is not monitoring the pulse  of the sprinkler                                                               
issue. "I am  the one who is requiring sprinklers  because of the                                                               
type  of  the  occupancy  ... because  of  the  development."  He                                                               
reviews building plans and development  from the Knik Bridge down                                                               
to Portage. One  of the tools that he uses  is sprinklers in lieu                                                               
of a  secondary access  road. He told  the committee  to consider                                                               
what it is doing and the precedent it will set.                                                                                 
                                                                                                                                
CHAIR OLSON asked how the  bill will affect construction in rural                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR.  SCHWAN said  the  state doesn't  adopt the  IRC.  Of the  11                                                               
jurisdictions in Alaska only one  actually adopts it. Those areas                                                               
will not be  affected by a residential sprinkler  proposal in the                                                               
IRC. The  state fire  marshal's office adopts  the code,  and the                                                               
deferred jurisdictions  then have  to adopt  those codes  and can                                                               
make their own  amendments. They can be more  restrictive but not                                                               
less. Rural Alaska is not going to be affected.                                                                                 
                                                                                                                                
4:17:41 PM                                                                                                                    
CHAIR  OLSON   asked  about  his   comment  that  fires   in  new                                                               
construction are the same as the ones in old buildings.                                                                         
                                                                                                                                
MR.  SCHWAN said  absolutely. The  number one  cause of  fires is                                                               
unattended cooking.                                                                                                             
                                                                                                                                
CHAIR  OLSON said  the  data show  that most  of  the fires  with                                                               
fatalities   were  of   old  construction   without  the   latest                                                               
construction materials.                                                                                                         
                                                                                                                                
MR. SCHWAN said he is a  fire inspector and he doesn't agree. The                                                               
validity   of    that   argument   is   that    there   is   some                                                               
compartmentalization  of the  fires to  the room  of origin,  but                                                               
fires are still occurring in new construction.                                                                                  
                                                                                                                                
4:19:05 PM                                                                                                                    
SENATOR MENARD asked if he has sprinklers in his home.                                                                          
                                                                                                                                
MR.  SCHWAN  said  he  has  a 1200  square-foot  home  without  a                                                               
sprinkler and would  love to put them in. That  is a project that                                                               
he will undertake by 2010. It  costs about $3 per square foot for                                                               
a 13-D system, but his retrofit will be higher.                                                                                 
                                                                                                                                
MICHELE   WESTIN  said   she  is   testifying  from   a  personal                                                               
perspective. She is a member of  the fire service and a certified                                                               
planner, and  she was  a manager  for the  city of  Anchorage for                                                               
many years. She  suggested finding a middle ground.  The issue is                                                               
becoming polarized.  Anchorage is  now developing odd  and unique                                                               
areas  such as  the Anchorage  hillside.  There are  a number  of                                                               
subdivisions similar  to Oakland, CA.  She suggested that  if the                                                               
bill passes  and sprinklers are  not able  to be placed  in these                                                               
subdivisions there should be strong  plat notes on the properties                                                               
stating that  the fire service  cannot defend them. It  is unfair                                                               
to  homeowners who  won't  know  three to  five  years after  the                                                               
developers  have left  that  they  have a  house  that cannot  be                                                               
defended  by the  fire  service. Strong  plat  notes should  tell                                                               
people  that they  have purchased  a property  that might  not be                                                               
able to be defended.                                                                                                            
                                                                                                                                
4:23:00 PM                                                                                                                    
CHAIR OLSON asked if she is for or against SB 129.                                                                              
                                                                                                                                
MS.  WESTIN  said  she  is  against it.  She  would  allow  local                                                               
jurisdictions  to  have  the option  to  require  sprinklers  for                                                               
unique and challenging  situations. She has a log  house, and her                                                               
water heater  caught on fire, so  she has looked at  putting in a                                                               
sprinkler system. "Even  as a fire service person  I shouldn't do                                                               
my own repairs on my water heater."                                                                                             
                                                                                                                                
SENATOR THOMAS  said development in areas  where fire departments                                                               
can't go  is a  borough planning and  real estate  question, like                                                               
disclosing health  and safety  issues before  buying a  house. In                                                               
Fairbanks there  are areas that  aren't paying for  fire service.                                                               
Sometimes fire  fighters won't  put out a  fire because  it isn't                                                               
within the fire  district. It sounds cold, but if  they didn't do                                                               
that, no  one would pay. It  should be a real  estate problem and                                                               
locally controlled, and safety issues should be disclosed.                                                                      
                                                                                                                                
4:26:03 PM                                                                                                                    
MS. WESTIN said she lived  in Fairbanks, and requiring plat notes                                                               
is  very political.  It  is  the same  as  when  people build  in                                                               
avalanche  zones.  Often jurisdictions  are  afraid  to create  a                                                               
stigma on property by telling  the truth to homeowners. She urged                                                               
a middle ground and to not say "no sprinklers ever."                                                                            
                                                                                                                                
SENATOR THOMAS  asked if the  bill does that. The  only reference                                                               
he  sees is  to a  state agency  or a  public corporation,  which                                                               
sounds like something like the railroad.                                                                                        
                                                                                                                                
MS. WESTIN said  she would be concerned if  the legislation takes                                                               
away  the  ability of  municipalities  to  require sprinklers  in                                                               
unique slope, topography, and fuel load situations.                                                                             
                                                                                                                                
4:28:04 PM                                                                                                                    
SENATOR  MENARD  moved  to  report SB  129  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the bill moved out of committee.                                                                            
                                                                                                                                
4:28:47 PM                                                                                                                    
The meeting was adjourned at 4:28 p.m.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
SB127 Coffman Cove Letter.pdf SCRA 3/19/2009 3:30:00 PM
SB 127
SB127 DNR Followup Letter.doc SCRA 3/19/2009 3:30:00 PM
SB 127
SB129 Fiscal Note NEW.pdf SCRA 3/19/2009 3:30:00 PM
SB 129
SB129 NFPA Letter.doc SCRA 3/19/2009 3:30:00 PM
SB 129
SB129 IFCA.pdf SCRA 3/19/2009 3:30:00 PM
SB 129
SB129 IFCA Followup Letter.doc SCRA 3/19/2009 3:30:00 PM
SB 129